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Fi U V— 4 7 10 f'1 U M 1 1 :Z31 1 1 I'1 1' C K 4 <br />John Hutton <br />PROPOSAL TO HAUL <br />THE COLTON WASTE <br />August 6, 1990 <br />Page Two <br />PROPOSAL <br />SEWAGE SLUDGE FROM <br />TREATMENT PLANT MEMO <br />r . %a a <br />Varela Industries proposes to haul and dispose of all sludge <br />generated by the Colton Waste Treatment Plant on the following <br />terms and conditions: <br />1. Varela Industries shall have the exclusive right to haul <br />all dry sludge currently stockpiled at the treatment plant <br />to farm and ranch sites located in and near Mexicali, <br />Baja California, Mexico for application to the land as <br />fertilizer and soil amendment. <br />2. The sludge will be loaded at the treatment plant by Varela <br />Industries personnel. The City shall provide one front-end <br />loader at the treatment plant suitable for loading trucks. <br />3. Varela Industries shall provide trucks and trailers suitable <br />for hauling all of the stockpiled sludge and to avoid <br />spillage of sludge on public roads. The equipment shall <br />be sealed and/or tarped; shall contain an adequate spill <br />response plan in the event of a spill; shall comply with <br />all California PUC and ICC rules and regulations; shall <br />comply with all safety and operating requirements of the <br />California Highway Patrol; and shall be operated by <br />experienced, qualified drivers. <br />4. Varela Industries shall provide daily records of the actual <br />tonnage hauled and disposed of. <br />5. Varela Industries shall provide certificates of insurance <br />naming the City of Colton as additional insured for <br />liability and worker's compensation insurance. <br />Varela Industries shall indemnify and hold harmless the <br />City and its agents, employees, officers, directors, <br />representatives, sucessors and assigns from and against <br />any and all actions, causes of action, liabilities, damages, <br />losses, costs and expenses, including but not limited <br />to reasonable attorneys' fees arising out of or resulting <br />from or in connection with any preach -of the loading, <br />transportation and unloading of sewage sludge by Varela <br />Industries, including any spillage of sewage sludge. <br />Varela Industries shall have title to and be responsible <br />for all risks of loss or damage to the sewage sludge at <br />all times except during the time that Varela Industries' <br />trucks and trailers are situated within the Colton Waste <br />Treatment Plant premises. <br />