AGREEMENT
Lawrence Wastewater Treatment Plant Anaerobic Digester Cleaning and Solids Removal
This Agreement, made and entered into this ____ day of _________, 2005 by and between:
The City of Lawrence, Kansas, a municipal corporation in the county of Douglas, State of Kansas, (hereinafter “City”) with principal offices at 6 E. 6th Street, Lawrence, Kansas 66044 and Nutri-ject Systems, Inc. (hereinafter “Contractor”), a corporation with its principal place of business at 515 5th Street, Hudson, Iowa 50643, agree to the following:
WHEREAS, the City has authority under the laws of the State of Kansas to enter into a contract for the cleaning of two digesters at the Wastewater Treatment Facility, as well as, the associated activities as outlined in the RFP, proposal, and this contract.
WHEREAS, Contractor is a firm experienced and qualified to remove and apply the solids from the digesters;
NOW THEREFORE, in consideration of the mutual agreement herein contained, and subject to the terms and conditions herein stated, parties hereto agree as follows:
I. PURPOSE
The City agrees to engage Contractor as an independent contractor to furnish all necessary training, supervision, management, required labor, tools, equipment, and materials to remove, screen/chop/grind, transport and apply or dispose of an estimated 500,000 gallons of solids to be removed from two digesters at the Wastewater Treatment Facility hereinafter known as the “Facility” during the term of this Agreement.
Under this agreement, Contractor shall be responsible for the following:
1. Project Plan. Contractor agrees to abide by all requirements as set forth in the Request for Proposal for this project, as well as, all items included in the Contractor’s submitted proposal.
2. Overall Management. Contractor shall provide the necessary management services in accordance with the local, State of Kansas Department of Health and Environment (KDHE) and federal (US-EPA, 40 CFR Part 503) regulations, and the City’s Environmental Management System for Biosolids (EMS) for the removal, grinding, screening, transportation and land application or disposal of digester solids from the two digesters. Contractor shall abide by and observe all 40 CFR Part 503 requirements, which pertain to the “applier” of the biosolids. Screened material will be transported to a landfill.
3. Acceptance of Biosolids. Contractor shall accept from the City stabilized digester solids that are suitable for use in a land application program and meet the minimum requirements of Process to Significantly Reduce Pathogens (PSRP) treatment as determined by applicable federal, state and local regulations, and the City’s Environmental Management System.
4. Loading and Transport. Contractor shall provide the necessary labor and equipment to efficiently and safely transport the digester solids to approved application sites and screenings to the land fill. Solids shall be removed from the digesters by the Contractor using equipment supplied by the Contractor.
The method of solids removal shall comply with the requirements of the Request for Proposal, as well as the plan as described in the Contractor’s submitted proposal and the option to use the umbilical hose system. Transport hose location and route will be subject to approval by the City.
The Contractor shall abide by all local laws, regulations, and ordinances, including but not limited to, weight and speed limits on roadways and bridges.
All material will be chopped or ground and screened. Particles of ½” or less in size shall be guaranteed by the Contractor. Screened particles will be removed and land filled. The City will make periodic checks to verify that this guaranteed particle size is met by the Contractor. The City reserves the right to stop operation if particle size requirements are not met.
5. Determination of Quantity Removed. Contractor shall provide to the City a duplicate copy of each load sheet which details the following: date of removal, time truck left wastewater treatment plant, truck number, driver name, gallons on each truck load, recipient’s name and approved field identification number, and number of acres acceptable for use in the field. One copy of the load sheet(s) will remain with the City and the other will remain with Contractor.
The quantity of biosolids loaded on a vehicle shall be recorded as mutually agreed by Contractor and City. The vehicles utilized for the transportation of the City’s biosolids shall not leak material to the outside.
No solids shall remain in the digester upon completion of cleaning. However high pressure washing is not necessary.
6. Land Applications of Biosolids. Contractor shall provide labor and equipment to properly apply the biosolids to suitable application sites at agronomic rates in accordance with all applicable federal, state and local regulations. Applications of biosolids shall conform to all applicable EPA 40 CFR Part 503 regulations, all state and local regulations, and the City’s Environmental Management System for Biosolids (EMS).
7. Application Sites. The entire portion of the digester cleaning material that meets land application standards and requirements shall be applied to the City owned property located adjacent to the wastewater treatment facility. No other sites will be accepted by the City.
8. Monthly Reports. Contractor shall complete all federal and state waste disposal sheets required by the KDHE relative to the use of the applied biosolids. The Contractor shall maintain these records for the period of time not less than 5 years. The Contractor shall submit the records monthly to the City in accordance with the applicable regulations.
9. Annual Reports. The Contractor shall compile all records and generate all state and federal annual reports to the specification of the state and federal regulations. All reports should be in the format of previous year’s reports and shall be approved by the City prior to submittal. All reportable information shall be included as a separate section in the annual land application of biosolids report. These records shall be maintained by the Contractor for 5 years and shall be available to the City and any regulatory agency upon request.
10. Laboratory Analyses. Contractor shall obtain the necessary soil samples and be responsible for the soil analyses prior to any biosolids application to the approved site.
All sampling required for land application of solids and landfill disposal of screenings shall be obtained by Contractor. Laboratory analysis shall be conducted through a laboratory acceptable to the applicable federal and State of Kansas regulatory agencies. All sampling and testing methods shall be performed in a manner meeting regulatory requirements and in such a way to allow the results to be used for biosolids application compliance purposes. Landfill authorization shall be Contractor’s responsibility.
Contractor shall provide to the City copies of all QA/QC, chain of custody and analyses reports from the laboratory.
The City shall be responsible for providing percent total solids analysis on split samples for the biosolids hauled to determine application rates. Contractor shall provide daily samples to the City. The billable quantity shall be determined by the number of gallons removed.
Periodic samples will be taken to verify particle size of ½” or less guaranteed by Contractor.
11. Review of Operations. Contractor shall allow City to inspect any and all daily operations with respect to the digester cleaning, landfilling, and application of City’s biosolids at all times. The City shall receive copies of all correspondence, lab analyses, reports, and documents.
12. Modifications to Structures. Contractor shall not make any modifications of any kind to City property including roadways, fences, and any other property under any circumstances without prior written approval from the City. The Contractor may not adversely affect the wastewater treatment process in any way.
13. Emergency Response. In the event of a spill or regulatory problem involving biosolids from the City, Contractor shall promptly notify the City. In the event that such events are attributed to Contractor, Contractor shall provide for the prompt clean up of any spill with the Contractor’s equipment, or shall reimburse the City for any costs of cleaning up spills which, at the City’s option, are cleaned up by the City.
14. Good Faith. If Contractor is unable to remove and land apply the digester solids because changes in the biosolids make it unfit for utilization on agricultural land as defined and interpreted by federal, state or local regulatory agencies, or if unfavorable climatic or agronomic conditions have impeded efforts by Contractor to faithfully complete the requirements of this agreement, or as the result of strikes, acts of God, or other occurrences not reasonably within the province and control of Contractor, Contractor will not be liable for any additional costs incurred by the City, and Contractor will not be deemed in default under this proposal unless thirty (30) days after the impediment has been resolved or eliminated, Contractor fails or refuses to remove biosolids tendered to it.
15. Insurance and Bonds. Contractor shall provide to the City an insurance certificate evidencing the insurance coverage requirements set forth in the City’s RFP for this digester cleaning. Contractor shall provide a performance bond to the City for the contract amount, which is to be based on the unit rate multiplied by the anticipated gallons of solids to be handled.
III. CITY’S OBLIGATIONS
The City shall be responsible for the following:
1. Ingress and Egress. City shall provide ingress and egress to Contractor to facilitate the removal of solids from the Facility to include dike areas, gates, and access roadways.
2. Solids Tender. City shall tender the solids which are removed from the digesters and suitable for land application to Contractor for removal, transportation and utilization on agricultural land as specified in the scope of this proposal and all extensions thereafter. The City and the Contractor may agree to modify the quantity to include additional biosolids removal work through written agreement.
3. Relative Knowledge. The City shall provide information to Contractor concerning the generation and composition of the solids that are to be land applied or landfilled. The City agrees to provide to the Contractor copies of all applicable permits or approvals obtained from regulatory agencies that are applicable to the scope of work contemplated herein.
4. Solids Quality. The City shall maintain a good quality stabilized digester solids that is acceptable for land application and meets minimum PSRP treatment criteria and pathogen reduction requirements. The City shall abide by and shall have responsibilities as “preparer” of the biosolids under the requirements of 40 CFR Part 503.
5. Valid Permits. City shall maintain a valid state or federal biosolids management permit and associated NPDES permit.
6. Laboratory Testing of Deemed Biosolids. The City shall be responsible for measuring the total solids and volatile solids only at the time of application if necessary for the project. The results will be used for calculating application rates. All other analysis requirements are the responsibility of the Contractor, which shall provide copies of all laboratory documents to the City. The Contractor shall use a KDHE certified laboratory for all analyses.
IV. SCHEDULE OF BIOSOLIDS REMOVAL
This agreement is based on the removal of solids present in two digesters. The timing of solids removal will coincide with field availability. Biosolids removal shall be limited to fall 2005, following harvest of the current crop, as the preferred time period. A maximum of 45 days for completion of the project with a minimum of 10 days between the clean out of each digester is required.
Neither the Contractor nor the City shall be held responsible for delays attributed to the above. Biosolids removal shall be limited to fall 2005 application as the preferred time period. A maximum of 45 days for completion of the project with a minimum of 10 days between the clean out of each digester is required.
1. The City agrees to pay Contractor for services as described for digester cleaning, handling, application, and all other details as outlined in this contract, the RFP, and Contractor’s proposal at the following rate:
$ .0301 cents per gallon
2. Invoices shall be submitted to the City on a monthly basis for work completed during the prior month.
Payment terms:
· The invoice amount shall be due in full within thirty (30) calendar days from the invoice date.
· The City will withhold five percent (5%) of the total invoices until all agreed upon responsibilities have been completed and accepted by the City, and state and federal regulatory agencies.
VI. TERM OF AGREEMENT
VII. INDEMNIFICATION
The Contractor shall hold the City, its agents, officials, and employees free and harmless and shall indemnify the City from loss from each and every suit, liability, expense, damage or claim, or demand of whatever nature, made on behalf of or by any person or persons, for any negligence, misconduct, or omission on the part of the Contractor, its employees, agents, and officials. The City shall hold the Contractor, its agents, officials, and employees free and harmless, and shall indemnify Contractor from loss from each and every suit, liability, expense, damage or claim, or demand of whatever nature, made on behalf of or by any person or persons, for any negligence, misconduct, or omission on the part of the City, its employees, agents, and officials.
VIII. TERMINATION
This agreement may be terminated by either party with just cause for default by providing ten (10) days written notice to the other party at the addresses stated herein providing the default has not been corrected within the 10 days. For purposes of notification, delivery of the notification shall be through the United State Postal Service, certified mail.
We accept the terms and conditions of this agreement as prepared and presented this ____________ day of ____________, 2005. By signing the acceptance of this agreement, the individuals warrant that they have the authority to bind the respective parties in this agreement.
Accepted by: