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Home My WebLink About4.433 Original Contract ~.1.f~3 ::l~Jr?-i: C: ~~'~E()uES T .. ~.._-''''..''"-- ',f.COi(Dcu :'1 ~,t,_"",'f)';,' '-17;7': 1 ~O .. . ,I.. ... ... ,~ \; Filed at the Request of: 20D6 MAR r 6 ~~1 9: , I C0 City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 II~WIII~III~MWM~" 2006 1176620 Clallam County ~ E c' E \ 'J EO ,^~R t 1 'l..fJfJn t\ ~"C}e\es C\\'j 0\ ~o Interlocal Agreement City Clerk File No.: J..l.~ ::S3 Agreement between the City of Port Angeles and \)..')CJ:S'n,~~V\. ~~ \)t'~t D~ \~~'f\cA\\aVl-D\~~D~c& Dre- \h.nD,^~~'" ~Y1S CLT ~f\. LCMld&:\\\ Purpose: Dated: ro t CO l C).;oo::S <I. </ &.5 CONTRACT BETWEEN THE CITY OF PORT ANGELES AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR DISPOSAL OF DEMOLITION DEBRIS AT THE PORT ANGELES LANDFILL THIS CONTRACT is made and entered into this 8 day of August, 2003, by and between the City of Port Angeles, a non-charter code city of the State of Washington (hereinafter called the "City"), and Washington State Department of Transportation, (hereinafter called the "Contractor"). WHEREAS, the Contractor is in need of a location to dispose of a minimum of 5,000 tons of demolition debris from the Contractor's Graving Dock project site; and WHEREAS, the City's landfill is capable of receiving such large volumes of demolition debris; and WHEREAS, pursuant to P AMC 13.56.047, the City may negotiate a special landfill disposal rate for disposal of at least 5,000 tons of demolition debris, as guaranteed by separate agreement; and WHEREAS, the City and the Contractor have in good faith negotiated this contract for the disposal of demolition debris in the Port Angeles Landfill; NOW, THEREFORE, in consideration of the above-representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: 1. Definitions. For the purposes of this contract, the following terms shall have the following meanings: 1.1 "Acceptable waste" means all non-putrescible demolition debris delivered to the Port Angeles Landfill. The term "acceptable waste" includes materials and substances that are authorized to be deposited in the Port Angeles Landfill in accordance with Title 13 of the Port Angeles Municipal Code but does not include materials and substances that are prohibited from disposal in the Port Angeles Landfill by Title 13 P AMC, does not include "unacceptable waste" as defined in this contract. , 1.2 "Director" means the City of Port Angeles Director of Public Works and Utilities. 1.3 "Hazardous waste" means any waste, material, or substance, the processing or disposing of which would subject Contractor or City to liability under or would otherwise contravene: a. Subtitle C ofthe Resource Conservation and Recovery Act of1976, 42 U.S.C. 6901 et seq, as amended, and regulations promulgated thereunder; b. The Toxic Substances Control Act, 15 U.S.c. 2601 et seq, as amended, and regulations promulgated thereunder; c. The Comprehensive Environmental Response Compensation and Liability Act of 1980,42 U.S.c. 9601 et seq, as amended, and regulations promulgated thereunder; d. Chapters 70.015 or 70.1 05D RCW as amended, and regulations promulgated thereunder; or e. Any other federal or state law or regulation governing the treatment, storage, handling, or disposal of solid waste or hazardous or dangerous waste, materials, or substances. 1.4 "Unacceptable waste" means: a. Waste that may not be disposed at the Port Angeles Landfill under any applicable state, federal or local law, regulation, rule, code, permit or permit condition; or b. Hazardous waste; or c. MSW ash; or d. Any other waste expressly excluded from acceptable waste. 2. Term of Contract. The term of this contract shall commence on August 11,2003, and shall continue until such time as the Graving Dock project is complete, or until such other time as the parties may agree in writing, or until August 31, 2004, whichever is soonest; provided, however, that the parties may agree by a written amendment to extend this contract for an additional period based on mutually acceptable terms and conditions. - 2 - , . 1 3. Consideration. Contractor shall pay City the sum of$40.00 for each ton of acceptable waste delivered to the Port Angeles Landfill pursuant to this contract; provided, however, that the Contractor hereby guarantees that a minimum of 5,000 tons of acceptable waste shall be delivered to the Port Angeles Landfill within the term of this contract and that if such minimum amount is not so delivered, the Contractor shall pay the City an additional $36.80 for each ton delivered. 4. Payment Procedure. The City shall bill the Contractor each month for the amount of services used by the Contractor. The Contractor shall make payment in full to the City within thirty days of receipt of the invoice from the City. Ifthe 5,000 ton minimum is not achieved pursuant to Paragraph 3, then the City shall bill the Contractor based on $36.80 times the amount of tons delivered and the Contractor shall make payment in full to the City within 90 days of receipt of the invoice from the City. 5. Delivery and Weighing of Waste. A. The Contractor shall deliver only "acceptable waste" to the City's municipal Landfill, and City agrees to accept all "acceptable waste" delivered by Contractor for disposal in the City's Landfill; provided, however, that if the City's inspector assigned to review and inspect such materials and substances prior to disposal in the Landfill determines that any of such materials are not "acceptable waste", then such materials or waste shall not be delivered and dumped in the Landfill unless the Contractor or an agency with jurisdiction establishes that such materials or substances are "acceptable waste." B. The Contractor shall deliver and dump the waste at an area ofthe Landfill designated by the Director. C. The City shall weigh the waste ofthe Contractor using certified scales. A minimum of five (5) truck loads shall be weighed to determine an average net weight of solid waste per truck load. Tare weights from the City's scales will be acceptable in determining the average net weight of solid waste delivered to the Landfill. The City and the Contractor will agree upon the average net truck load weight used to calculate the waste weight which shall be the basis for billing under this contract. 6. Operating Hours. The City shall accept solid waste from the Contractor at the Port Angeles Landfill during the regular business hours as specified from time to time by the City. The Contractor agrees to pay the City's additional labor costs for operation outside regular business hours. - 3 - 7. Access and Information. A. During normal business hours, Contractor will allow the City access to the Graving Dock project site for inspection purposes and the City will allow Contractor access to the landfill facility for inspection of areas where the Contractor's demolition debris will be placed. B. The City will provide Contractor with access to and/or copies of the City's groundwater monitoring records for the landfill as well as the City's waste tracking information, to the extent that such information has been compiled, indicating the origin of Contractor's demolition debris at the Graving Dock project site and its ultimate disposal location within the landfill. o o. Indemnification/Hold Hannless. The Contractor agrees to indemnify the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of or in connection with the Contractor's breach of, or negligence in performing, this agreement. 9. Venue. The venue of any state court litigation brought under this contract shall be Clallam County Superior Court. 10. Entire Agreement. This agreement represents the entire understanding of the parties and shall not be modified except by written amendment signed by both parties. 11. Governing Law. This contract shall be governed by the law of the State ofWashingtol).. 12. Assignment. Neither party may assign, transfer or otherwise vest another company, entity or person any of its rights or obligations under this contract without the prior written consent ofthe other party. IN WITNESS WHEREOF, the parties hereto have executed this Contract as ofthe day and - 4 - I , .. i year first written above. CITY (City of Port Angeles) ~ &.;- Michael Quinn, efty Manager CONTRACTOR (Washington State Department of Transportation) ~~rf TITLE: 6-~ ~clc-Si-f.e ~ APPROVED AS TO FORM: , !() ~~ n, City Attorney ATTEST: ~~,~/~~ C!. A ~ (... A. H A&-A~ AC7'IN6- (. I T'f CLC~ G \EXCHANGE\PWK~\WSDOT GravmgYard wpd - 5 -