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Home My WebLink About5.857 Original Contract 5.857 JAN-04-2008 FRI 01:31 PM PW CORP YARD 360 452 4972 p, 03/03 AGREEMENT MOOIFICATION NO. 001 Projsct Name: SeqUlm Bay State parK - Sewer system Improvements Treatment of Park Sluoge Contractor: Nova ContractIng, Inc. Date.: January 4, 2008 MODIFICATION DESCRIPTION An agreement between Nova Contracting, Inc. and the City of Port Angeles for Digesting Lagoon Sludge from Sequim Park dated November 15, 2007 is hereby modified as described below: 1. The agreement completion date is hereby extended by 41 days to and including January 31, 2008. The total value of the Contract will not change. ORIGINAL CURRENT EST. NET CHANGE TOTAl CHANGE ORDERS, EST. CONTRACT AFTER V.::llue CONTRACT 'THIS CHANQ~ ORDI,;;R INCLUOING TI-lIS 01\lE THIS CHANGf ORDER S7700.oo $7700.00 $0.00 1 17700.00 UA Y::i: Jti DAYS: 30 DAYS; 41 DAYS: DAYS: 77 . Amount with applicable sllltt:i tax included All WOrK, malerials and maaslJrements to be In accordanca with tile pmdslons of the original contract andJor the sbndard spaclflcatloru; and specl;ol provisions for the type of construction Involved. The paymenl.'i and/or additional time sp~clfled and agreed to In lhl$ Otder IndllrlA 'H'P.ry d21m by the C'.cnllIll::1ot Irr any exlta paymlllll or extension of lime Wltl'I respect to the work described herein, inclUding delays 10 the overall project. ,';;','M' . C:., ,'.\' . , '. ".k.) 1\P'PROVED BY:,~'( CONTRACTOR DIRECTOR OF PUBLIC WORKS AND UTI LmES _,.~I' PW 407_04 Part04 {Revised 5/27/04] c-f~~LCf Iliff!! D%XJ{fWJ if: 5. <8'57 ~ AN AGREEMENT BETWEEN NOVA CONTRACTING, INC. AND THE CITY OF PORT ANGELES FOR DIGESTING LAGOON SLUDGE FROM SEQUIM BAY STATE PARK OCTOBER 2007 THIS AGREEMENT is between Nova Contracting, A Washington Corporation (cOl!firm) (hereinafter referred to as "the Generator") and City of Port Angeles. (Hereinafter referred to as "the City") WHEREAS, the Generator desires to recycle significant amounts of sewage sludge (herein referred to as lagoon sludge) produced as a by-product of its sanitary sewage treatment process; and WHEREAS, the City has a legally permitted Wastewater Treatment facility meeting the regulatory requirements of the Washington Department of Ecology as adhering to a Process to Significantly Reduce Pathogens (pSRP); and WHEREAS, recycling the lagoon sludge at the City's Wastewater Treatment facility is in the best interests of the public health, safety and welfare of the citizens of the City, Sequim Bay State Park, and the environment; NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and for other good and valuable consideration, it is hereby agreed as follows: 1. Transfer of Material: Generator shall tender, to the City, and the City will accept from the generator, acceptable lagoon sludge in an amount not to exceed 70,000 gallons. "Acceptable lagoon sludge" means solids that are not precluded from digesting at the City's Wastewater Treatment facility by any law, regulation or governmental restriction that is approved by the Washington Department of Ecology and shall be below the current or future Environmental Protection Agency (EPA) and State of Washington metals standards for class B Biosolids. All Acceptable Biosolids shall be below the concentration levels for the metals listed in EP A 503.13B Table 3 and WAC 173-308-160 for Concentration Limits. The City reserves the right to refuse the lagoon sludge from the Generator for any reason that, in the sole judgment of the City, would cause operational problems. Upon refusal of any truckloads, the City Wastewater Superintendent will notify the Generator's, Managing Superintendent immediately. 2. Term: This Agreement shall commence on Occtober 16. 2007 and will terminate December 21> 2007. 3. Compensation: The Generator shall pay the City the sum of eleven cents ($0.11) per gallon of lagoon sludge. The Generator or its agents will bring all tendered lagoon sludge to the City Wastewater Treatment plant in amounts not to exceed 15,000 gallons a day. The Generator will use the City "Waste Manifest" form to track each truckload delivered. Tankers delivering the lagoon sludge will be charged on a full load basis for billing purposes. The City will bill the Generator on a monthly basis the net total gallonage of Page I of 4 lagoon sludge accepted by the City for digestion. The Generator shall make payment in full within thirty (30) days of the invoice date. The Generator or it's agent agree to transport lagoon sludge to the Wastewater Treatment facility in a self-unloading tanker at such time and place as mutually agreed upon between the City and the Generator. 4. Relationship oCthe Parties: The relationship of the parties is that of independent contractors. The City will perform independent functions pursuant to this Agreement, and that its personnel are not agents or employees of the Generator. In addition, the Generator will perform independent functions pursuant to this Agreement, and that its personnel are not agents or employees of the City. As such, the Generator has no authority to bind the City or control employees of the City. 5 Licenses: The City currently possesses all necessary regulatory permits and approvals, and complies with all rules, laws, and regulations of regulatory agencies. Further, the City possesses all necessary and required local, state and federal licenses required to fulfill its obligations under this Agreement. 6. Taxes: the City shall pay all taxes payable by the City in performance of its obligations under this Agreement. 7. Title to Biosolids: Title and ownership to lagoon sludge shall pass to the City after the City has accepted the lagoon sludge and has received payments for all amounts due to the City under this agreement 8. Insurance: At all times during the term of this Agreement, the Generator shall maintain insurance and provide limits of liability of not less than one million dollars ($1,000,000.) combined single limit bodily injury, and property damage and provide for not less than thirty (30) days advance written notice to the City regarding any material changes to the policy. It is further agreed that a certificate of insurance showing all of the required coverage's and endorsements shall be provided to the City within thirty (30) days of execution of this Agreement 9. Hold harmless Provisions: The City shall indemnity. defend, hold and save harmless the Generator, its appointed and elected officers and employees from and against liability of any kind, including liability arising from ground water, soil or other forms of contamination resulting from the improper handling, treatment, mixing or storage of acceptable lagoon sludge. The Generator agrees to indemnify, defend and hold the City, its officers, officials, and employees harmless from any and all claims, injuries, damages, expenses, penalties, losses or suits including attorney fees, caused by or resulting from breach of this Agreement by the Generator, specifically including any breach of Generator's obligation to tender only Acceptable lagoon sludge to the City. Page 2 of 4 10. General Conditions: A. Entire Ae:reement: This Agreement constitutes the entire agreement between the parties, and both parties acknowledge that there are no other agreements, written or oral that have not been fully set forth in the text of the Agreement. If any part of this Agreement is proved to be invalid, the rest of the Agreement shall remain binding. B. Amendments: The parties hereby further agree that this Agreement cannot be modified, or extend without the written concurrence of both parties, formally adopted and approved by legislative officials during an open public meeting. C. Notices: Any notices required to be given by the Generator to the City, or by the City to the Generator, shall be in writing and delivered to the parties at the following addresses: The City: The Generator: _1:2/ EC<..S+- (,.:ri-hS-J--. , fut"+ ~t?-je-~ WfT 98.302 10 '" J &5 De-/pAl' Rd I SiAl , OIYW\fl~/ !AlA 9t5/z- D. Waiver: Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power, at any time be taken as a waiver of any other breach. E. Compliance with Local. State and Federal Laws: The City agrees to comply with all applicable local, state, and federal laws in performance of all services under this Agreement. F. Applicable LawNenue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any court action brought here under shall be in Clallam County Superior Court. 11. Assie:nments: Neither party shall assign its rights and duties under this Agreement without prior written consent of the other party. 12. Nondiscrimination: The City shall not discriminate in employment or services on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. Page 3 of 4 13. Termination: This Agreement may be terminated by either party, with or without cause, upon 45 days prior written notice, except in the case of failure by either party to meet its obligations herein resulting in a threat to public health or unlawfulness which shall be cause for immediate termination. Dated this Ibt:!o- day of AIovE7A '6t1l, 2007. Dated this 6-Ht day of No v: 2007. THE CITY OF PORT ANGELES NOVA CONTRACTING, INC. OL YMPIA, WASHINGTON /YLQ ~ Glenn A. Cutler, Director of , Public Works and Utilities ~L,~ J n M. Opda , President bn~ ~^- Becky J. n, ity Cler ;;:4 William Bloor, City Attorney \.', "}.' ',. ,- " . . , I, I .-\~ Page 4 of 4