HomeMy WebLinkAbout5.446 Original Contract
5. 4-<fC{;
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
POLARIS ENGINEERING & SURVEYING, INC.
INSPECTION AND OBSERVATIONS DURING THE DEMOLITION OF RAYONIER MILL
INVOLVING MATERIALS DISPOSED AT PORT ANGELES LANDFILL
T S AGREE ENT is made ~nd entered into this ~ay of _
. , 199.2-, by and between THE CITY OF PORT
AN LES, a non-charter code City of the State of Washington, (hereinafter
called the "CITY") and * Polaris Engineering & SurveYing, Inc a Washington
Corporation (hereinafter called the "CONSULTANT").
RELATING TO:
WHEREAS, the CITY desires to conduct inspection of materials at the
Rayonier Mill site that are to be disposed of in the Port Angeles landfill
WHEREAS, the CITY desires to engage the professional services and
assistance of a qualified consulting firm to perform the scope of work as
detailed In Exhibit A, and
WHEREAS, the CITY and Rayonler, Inc. have executed an agreement,
Exhibit F, providing for the inspection of materials at the Rayonier Mill site that
at bound for the Port Angeles landfill and
WHEREAS, the CONSULTANT represents that It IS in full compliance with
the statutes of the State of Washington for profeSSional registration and/or
other applicable requirements, and
WHEREAS, the CONSULTANT represents that It has the background,
experience, and ability to perform the reqUired work In accordance With the
standards of the profeSSion, and
WHEREAS, the CONSULTANT represents that it WIll prOVide qualified
personnel and appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the
terms, conditions, covenants and agreements set forth below, the parties
hereto agree as follows:
SCOPE OF WORK
The scope of professional services to be performed and the results to be
achieved by the CONSULTANT shall be as detailed in the attached Exhibit A,
and shall Include all services and material necessary to accomplish the work.
The CITY may review the CONSULTANT'S work product, and If It is not
satisfactory, based on the Criteria set forth in Exhibit A, the CONSULTANT
shall make such changes as may be required by the CITY. Such changes
shall not constitute "Extra Work" as related in Section XI of this Agreement
The CONSULTANT agrees that all services performed under this Agreement
shall be in accordance with the standards of the profeSSion and In compliance
with applicable federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives,
or other presentations of the work shall become the property of the CITY for
use without restriction and without representation as to suitability for reuse by
any other party unless specifically verified or adapted by the CONSULTANT
However, any alteration or reuse of the documents, by the City or by others
acting through or on behalf of the City, will be at the City's sole risk
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives. The CONSULTANT'S
representative shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by
both parties. The work shall be completed in accordance with the schedule
set forth in the attached Exhibit D.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth In thiS section of the
Agreement. Such payment shall be full compensation for work performed,
services rendered, and all labor, materials, supplies, equipment and
incidentals necessary to complete the work.
A
Payment shall be on the baSIS of the CONSULTANT'S cost for actual
labor, overhead and profit plus CONSULTANT'S direct non-salary
reimbursable costs as set forth In the attached Exhibits Band C,
respectively
1. Labor costs shall be based on the hourly rates shown in Exhibit B
2 The direct non-salary reimbursable costs are those directly Incurred
in fulfilling the terms of this Agreement, including, but not limited to,
travel, subsistence, telephone, CADD computer, reproduction and
printing, supplies and fees of outside services and consultants.
B. The CONSULTANT shall submit Invoices to the CITY on a monthly
basis InVOices shall detail the work, hours, employee name, and hourly
rate, shall itemize with receipts and Invoices the non-salary direct costs;
shall Indicate the specific task or activity In the Scope of Work to which
the costs are related; and shall indicate the cumulative total for each
task.
C The CITY shall review the Invoices and make payment for the
percentage of the project that has been completed less the amounts
previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of
receipt In the event of a disputed billing, only the disputed portion will
be Withheld from payment.
E Final payment for the balance due to the CONSULTANT Will be made
upon the completion of the work and acceptance by the CITY
F. Payment for "Extra Worl<' performed under Section XI of thiS
Agreement shall be as agreed to by the parties in Writing
VI MAXIMUM COMPENSATION
Unless otherwise agreed to In writing by both parties, the CONSULTANT'S
total compensation and reimbursement under thiS Agreement, including labor,
direct non-salary reimbursable costs and outSide services, shall not exceed
the maximum sum of $15,000.
VII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any
work or seMCeS under this Agreement, shall be conSidered employees of the
CONSULTANT only and not ofthe CITY, and claims that may arise under the
Workman's Compensation Act on behalf of said employees while so engaged,
and any and all claims made by a third party as a consequence of any
negligent act or omission on the part of the CONSULTANT'S employees while
so engaged, on any of the work or services prOVided to be rendered herein,
shall be the sole obligation and responsibility of the CONSULTANT.
City of Port Angeles and Polaris Engineering & Surveying, Inc. - [September 1997]
Page - 1
In performing this Agreement, the CONSULTANT shall not employ or contract
with any CITY employee without the City's wntten consent.
VIII NONDISCRIMINATION
The CONSULTANT shall comply with all applicable federal, state and CITY
nondiscrimination regulations and with the CITY'S Equal
Opportunity/Affirmative ActIOn clause, which is set forth In the attached Exhibit
E
IX SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered
by this Agreement without the written consent of the CITY.
B The CONSULTANT Will be using the firms submitted with its proposal
as subcontractors Subcontractors other than those listed shall not be
permitted Without the written consent of the CITY.
C In all solicitation erther by competitive bidding or negotiation made by the
CONSULTANT for work to be performed pursuant to a subcontract,
including procurement of materials and equipment, each potential
subconsultant or supplier shall be notified by the CONSULTANT of
Consultant's obligations under this Agreement, Including the
nondiscrimination requirements.
X CHANGES IN WORK
other than changes directed by the CITY as set forth in Section I above, either
party may request changes In the scope of work. Such changes shall not
become part of thiS Agreement unless and until mutually agreed upon and
incorporated herein by wntten amendments to thiS Agreement executed by
both parties.
XI EXTRA WORK
The CITY may deSire to have the CONSULTANT perform work or render
services in connection with this project, in addition to the Scope of Work set
forth in Exhibit A and minor reviSions to satisfactorily completed work. Such
work shall be conSidered as "Extra Work" and shall be addressed In a wntten
supplement to thiS Agreement. The CITY shall not be responsible for paYing
for such extra work unless and until the written supplement is executed by
both parties
XII TERMINATION OF AGREEMENT
A. The CITY may terminate thiS Agreement at any time upon not less than
ten (10) days written notice to the CONSULTANT. Written notice Will
be by certified mall sent to the consultant's deSignated representative
at the address provided by the CONSULTANT.
B In the event thiS Agreement is terminated pnor to the completion of the
work, a final payment shall be made to the CONSULTANT, which,
when added to any payments previously made, shall compensate the
CONSULTANT for the percentage of work completed.
C In the event thiS Agreement is terminated pnor to completion of the
work, documents that are the property of the CITY pursuant to Section
II above, shall be delivered to and received by the CITY prior to
transmittal of final payment to the CONSULTANT.
XIII INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages,
losses, and costs, including, but not limited to, attorney's fees and litigation
costs, anslng out of claims by third parties for property damage and bodily
inJUry, including death, caused solely by the negligence or Willful misconduct
of the CONSULTANT, CONSULTANT employees, affiliated corporations,
offlCel'S, and subcontractors in connection with the work performed under thiS
Agreement
The CITY agrees to indemnify the CONSULTANT from any claims, damages,
losses, and costs, including, but not limited to, attorney's fees and litigation
costs, anslng out of claims by third parties for property damage and bodily
Injury, including death, caused solely by the negligence or Willful misconduct
of the CITY, CITY's employees, or agents In connection with the work
performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or
a person identified above for whom each is liable) is a cause of such damage
or injury, the loss, cost, or expense shall be shared between the
CONSULTANT and the CITY In proportion to their relative degrees of
negligence or willful mISCOnduct and the right of indemnity shall apply for such
proportion.
Should a court of competent JUrisdiction determine that thiS Agreement IS
subject to RCW 4 24.115, then, In the event of liability for damages anslng out
of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the CONSULTANT and the CITY, its officers,
offiCials, employees, and volunteers, the CONSULTANT'S liability hereunder
shall be only to the extent of the CONSULTANT'S negligence. It is further
SpecifICally and expressly understood that the indemnification provided herein
constitutes the CONSULTANT'S waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of thiS indemnification. ThiS
waiver has been mutually negotiated by the parties The provIsions of thiS
section shall survive the expiration or termination of this Agreement. However,
the CONSULTANT expressly reserves ItS rights as a third person set forth in
RCW 51 24035.
XIV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the
Agreement, insurance against claims for Injuries to persons or damage to
property which may anse from or in connection With the performance of the
work hereunder by the CONSULTANT, rts agents, representatives, employees
or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidenCing.
1 Automobile Liabllltv insurance with limits no less than $1,000,000
combined single limit per accident for bodily injUry and property damage; and,
2 Commercial General Liabllltv insurance wntten on an occurrence baSIS with
limits no less than $1,000,000 combined single limit per occurrence and
$2,000,000 aggregate for personal Injury, bodily injUry and property damage.
Coverage shall Include but not be limited to: blanket contractual,
products/completed operations; broad form property damage, explosion,
collapse and underground (XCU) if applicable; and employer's liability, and,
3. Professional Liabllrtv insurance with limits no less than $1,000,000 limit per
occurrence.
Any payment of deductible or self insured retention shall be the sole
responSibility of the CONSULTANT.
The CITY shall be named as an additional Insured on the Commercial General
liability insurance policy, as respects work performed by or on behalf of the
Consultant and a copy of the endorsement naming the CITY as
additional insured shall be attached to the Certificate of Insurance The
CITY reserves the nght to review a certified copy of all reqUired Insurance
policies In the CONSULTANT's office
The CONSULTANT'S Insurance shall contain a clause stating that coverage
shall apply separately to each Insured against whom claim is made or suit is
brought, except with respects to the limits of the Insurer's liability.
The CONSULTANT'S Insurance shall be pnmary Insurance as respects the
CITY, and the CITY shall be given thirty (30) days prior wntten notice of any
cancellation, suspension or matenal change In coverage.
XV APPLICABLE LAW
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
litigation brought hereunder shall be Clallam County
City of Port Angeles and Polans Englneenng & Surveying, Inc - [September 1997]
Page - 2
XVI EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement,
supersedes all prior wntten or oral understandings, and may only be changed
by a wntten amendment executed by both parties The following exhibits are
hereby made a part of this Agreement:
Exhibit A - Scope of Work
Exhibit B - Consultant Labor Costs - SEE EXHIBIT A
Exhibit C - Non-salary Reimbursable Costs - SEE EXHIBIT A
Exhibit D - Schedule for the Work - SEE EXHIBIT A
Exhibit E - Equal OpportUnity/Affirmative
Nondiscnmlnation
Action/Facilities
Exhibit F - Agreement between the City of Port Angeles and
Rayonier, Inc.
Exhibit G - Demolition Material Disposal Protocol
In WITNESS THEREOF, the parties hereto have executed this Agreement as
of the day and year firs written above.
CO~LTANT
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City of Port Angeles and Polaris Engineenng & SurveYing, Inc - [September 1997]
Page - 3
EXHIBIT E
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/FACILITIES NONDISCRIMINATION
(The following clause is applicable unless, and to the extent that, this contract is exempt under the rules, regulations, and
relevant orders of the Secretary of labor, including 41 CFR, Ch. 60.)
During the performance of this contract, the ConsultanUContractor agrees as follows:
a. The ConsultanUContractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, Vietnam
era veteran status, disabled veteran condition, phYSical or mental
handicap, or national ongin. The ConsultanUContractor will take
affirmative action to ensure that applicants are employed, and that
employees are treated dunng employment, without regard to their race,
color, religion, sex, or national origin The ConsultanUContractor will take
affirmative acllon to employ, advance in employment, and otherwise treat
qualified special disabled or Vietnam era veterans and handicapped
Individuals without discrimination based upon their disability or veterans'
status or phYSical or mental handicap in all employment actions. Such
actions shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertiSing,
layoff or termination, rates of payor other forms of compensation, and
selection for training, Including apprenticeship The
Consultant/Contractor agrees to post in consp'cuous places, available to
employees and applicants for employment, notices to be prOVided by the
local United States Department of Labor Office setting forth the proviSions
of this Equal OpportUnity/ Affirmallve Action clause
b The ConsultanUContractor Will, in all soliCitations or advertisements for
employees placed by or on behalf of the ConsultanUContractor, state that
all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, physical or mental handicap, or nallonal
ongln, and that the ConsultanUContractor is under the legal obligation to
take affirmative action to employ, advance in employment, and othelWlse
treat qualified speCial disabled or Vietnam era veterans and handicapped
individuals without discrimination based upon their disability or veterans'
status or physical or mental handicap in all employment actions All
suitable employment openings existing at contract award or occurring
dunng contract performance Will be listed at the state employment source
office In the locality where the opening occurs, prOVided that this IIsllng
requirement shall not apply to openings that the ConsultanUContractor
intends to fill from within its own organlzallon or under a customary and
traditional employer-union hiring agreement.
c The Consultant/Contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be prOVided by the agency
Contracting Officer, advising the said labor union or workers'
representative of the ConsultanUContractor's commitments under thiS
Equal OpportUnity/Affirmative Action clause, and shall post copies of the
notice in consp'cuous places available to employees and applicants for
employment
d The ConsultanUContractor Will comply with all provIsions of Executive
Order No. 11246 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor, including, but not limited to,
the rules, regulations and orders Issued by the Secretary of Labor under
the Vietnam Era Veterans' Readjustment Assistance Act of 1972, and the
Rehabilitation Act of 1973 (29 USC 793), as amended.
e The Consultant/Contractor WIll furnish all information and reports reqUired
by Executive Order No 11246 of September 24, 1965, and by the rules,
regulabons, and orders of the Secretary of Labor, or pursuant thereto, and
WIll permit access to his books, records, and accounts by the contracting
agency and the Secretary of labor for purposes of investigations to
ascertain compliance with such rules, regulations and orders
The ConsultanUContractor will not, on grounds of race, color, religion,
sex, physical or mental handicap, or national origin
1. Deny an Individual any services or other benefits prOVided under this
agreement;
2 PrOVide any service(s) or other benefits to an indiVidual which are
different, or are provided In a different manner from those prOVided to
others under thiS agreement,
3 Subject an individual to segregation or separate treatment in any
manner related to the receipt of any service(s) of other benefits
provided under this agreement;
4. Deny any Individual an opportUnity to partiCipate in any program
prOVided by thiS agreement through the proviSion of services or
otherwise, or afford an opportUnity to do which IS different from that
afforded others under this agreement The ConsultanUContractor, In
determining (1) the types of services or other benefits to be prOVided
or (2) the class of indMduals to whom, or the sltuallon in which, such
services or other benefits Will be provided or (3) the class of
individuals to be afforded an opportUnity to participate in any services
or other benefits, will not utilize criteria or methods of administration
which have the effect of subJecllng individuals to discnmlnation
because of their race, color, sex, religion, national origin, creed, or the
presence of any sensory, mental or phYSical handicap.
g. In the event of ConsultanUContractor noncompliance With the
nondiscrimination requirements of thiS contract or With any of the said
rules, regulations, or orders, thiS contract may be canceled, terminated or
suspended, In whole or in part, and the ConsultanUContractor may be
declared ineligible for further government contracts In accordance with
procedures authonzed in Executive Order No. 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order No. 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
h. The ConsultanUContractor Will include the provisions of paragraphs a
through g in every subcontract unless exempted by the rules, regulations,
or orders of the Secretary of Labor
EXHIBIT A
SCOPE OF SERVICES
Polaris Engineering and Surveying, Inc. will provide professional services in conjunction with the
disposal of demolition material and debris from the Rayonier Pulp Mill, located at the north end of
North Ennis Street in Port Angeles. Services will include the following:
1. Observation and documentation of demolition material and debris to be hauled to and disposed of
in the City of Port Angeles landfill pursuant to the Rayonier agreement attached as Exhibit F and
Demolition Material Disposal Protocol attached as Exhibit G.
2. Services will include on-site inspection of material and debris prior to removal as directed by City
personnel, photo documentation, and submittal of weekly reports summarizing general location from
which the material and debris was generated and type of debris.
3. Services will also include coordination of specialized inspections and tests, if materials and debris
to be removed is inconsistent with information provided by the demolition contractor of Rayonier.
4. Polaris will provide the City with copies and any and all inspection reports completed related to their
work.
PROFESSIONAL FEES:
Polaris will charge for all services provided on a Time and Materials basis at the fixed rate of $40.00
per hour.
Polaris assesses a 1 % per month service charge on delinquent accounts and reserves the right to
suspend work on projects for which payment is delinquent.
Polaris offers a 2% discount for payments received within 10 days of the billing date.
TIME and SCHEDULE:
Polaris will provide on-site inspections within 24 hours of requests to do so by the City. It is anticipated
that this contract will be for the entire length of the removal of materials from the Rayonier Pulp Mill site
which is estimated to last until September 1999 or longer. It is difficult to determine the specific
duration of this agreement and it is anticipated that the agreement will need to be extended in the
future.
The work covered under this agreement shall commence on August 15,1997.
e""'t&tT
F
CONTRACT BETWEEN THE
CITY OF PORT ANGELES
AND
RAYONIER, INC.
FOR
DISPOSAL OF DEMOLITION DEBRIS AT THE PORT ANGELES LANDFILL
THIp CONTRACT 1S made and entered into this ;Z / day of
Aor(.,J..J , 1997, by and between the City of Port Angeles, a non-
charter code city of the State of Washington (hereinafter called
the "City"), and Rayonier, Inc., a North Carolina corporation
(hereinafter called the "Contractor").
WHEREAS, the Contractor is in need of a location to dispose of
a minimum of 5,000 tons of debris from the demolition of its mill
within the City; and
WHEREAS, the City's landfill is capable of receiving such
large volumes of demolition debris; and
WHEREAS, pursuant to PAMC 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 ln
accordance wlth 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 PAMC, does not
include "unacceptable waste" as defined in this contract.
1.2 "Director" means the City of Port Angeles Director of
Public Works.
1.3
"Hazardous waste" means any waste, material, or
the processing or disposing of which would subject
or City to liability under or would otherwise
substance,
Contractor
contravene:
a. Subtitle C of the Resource Conservation and Recovery
Act of 1976, 42 U.S.C. 6901 et seQ, as amended, and
regulations promulgated thereunder;
b. The Toxic Substances Control Act, 15 U.S.C. 2601 ~
lieQ, 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 70.105D 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
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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 18, 1997,
and shall continue until such time as the demolition of the mill is
complete, or until such other time as the parties may agree in
writing, or until August 31, 2000, 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.
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. If the 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
- 3 -
"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 ln 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
of the Landfill designated by the Director.
C. The City shall weigh the waste of the Contractor using
certified scales. Tare weights from the City's scales will be
acceptable in determlning the net weight of solid waste delivered
to the Landfill. The net weight from the City's scale tickets
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.
7. Access and Information.
A. During normal business hours, Contractor will allow the
City access to the mill 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
coples 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 mill site and its
ultimate disposal location within the landfill.
8. Indemnification/Hold Harmless.
The Contractor agrees to indemnify the City, its officers,
officials, employees and volunteers from any and all claims,
- 4 -
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
slgned by both parties.
11. Governing Law.
This contract shall be governed by the law of the State of
Washington.
12. Assignment.
Neither party may asslgn, transfer or otherwise vest another
company, entity or person any of its rights or obligations under
this contract without the prior written consent of the other party.
IN WITNESS WHEREOF, the parties hereto have executed this
Contract as of the day and year first written above.
CITY (City
of Pj
C~~
Angeles)
. Pomeranz, C'
CONTRACTOR (Rayonier, Inc.)
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APPROVED AS TO FORM:
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Cralg D. Knutson, City Attorney
ATTEST:
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E~H 'sP'T 6
DEMOLITION MATERIAL DISPOSAL PROTOCOL
RAYONIER MILL DEMOLITION - CITY OF PORT ANGELES
LANDFILL
GENERAL INFORMATION:
The City of Port Angeles and Rayonier, Inc. have entered into a Contract whereby the
City will accept at the City Landfill inert waste from the demolition of the Port Angeles
pulp mill owned by Rayonier. The Contract stipulates the City will accept only
"acceptable waste", which is defined as all non-putrescible waste other than
"unacceptable waste". Unacceptable waste generally consists of hazardous waste,
MSW ash, and waste which is not permitted to be disposed of at the landfill under any
applicable state, federal, or local permit or permit condition.
In order to assure that the terms of the Contract are met in regard to the type of waste
delivered to the landfill, the City herein establishes a protocol for removal of the
acceptable waste from the Rayonier mill site and delivery to and disposal of the waste
at the City of Port Angeles landfill. This protocol generally consists of establishing a
demolition schedule, reviewing background data on the facility scheduled for removal,
making a site inspection of the facility, and documenting the location of the disposed
material at the landfill.
In addition to their own personnel, the City has retained Polaris Engineering and
Surveying, Inc. of Port Angeles to verify that all steps within the disposal procedure are
met and to observe and document any unusual conditions which may be encountered
during the demolition and disposal procedure.
DEMOLITION AND DISPOSAL PROTOCOL:
STEP 1 - INITIAL REVIEW
At least one week prior to the demolition of any portion of the mill which contains
material which will be disposed of at the City landfill, Rayonier and their demolition
contractor, Iconco, Inc. shall provide to the City a demolition schedule for that portion.
This schedule shall include a description of the portion of the facility to be demolished,
the proposed demolition dates, the amount and type of material which will be disposed
of at the City landfill, and the anticipated delivery schedule at the landfill.
Upon receipt of the demolition schedule, representatives of the City and/or Polaris shall
review the schedule and determine if any unacceptable wastes are included within that
portion of the mill. This review shall consist of evaluation of the documentation
provided to the City during the permit hearing process (SEPA documents and
appendices) and a preliminary site inspection of the affected area with Iconco and
Rayonier personnel. The City shall then provide Iconco and Rayonier with a list of any
materials which are not acceptable for delivery to the landfill. These materials shall be
removed from the demolition area.
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STEP 2 - INSPECTION AND RELEASE
After all unacceptable materials are removed, representatives of Rayonier, Iconco, the
City, and Polaris shall make a final inspection of the demolition area. These
representatives shall include those individuals shown on the attached Rayonier Building
Final Inspection and Release Form (attached) or their designated alternates. Upon
verification by the City that the area does not contain any unacceptable waste, the
release shall be signed by City and Polaris representatives and Rayonier and Iconco
may then begin demolition and stockpiling of material.
STEP 3 - DEMOLITION AND STOCKPILING
After release of the area by the City, Rayonier and Iconco may begin the demolition
procedure. The procedure shall be such that materials destined for the landfill are
stockpiled in a designated area. This area shall be removed from any other waste
stockpile areas and shall be a hard-surfaced area (asphalt or concrete surface). City
and Polaris personnel shall make periodical inspections of the work area and the
stockpile area to ascertain that the materials being removed from the demolition area
which are destined for the City landfill are acceptable waste.
If unacceptable wastes are found or suspected in a stockpile destined for the City
landfill, the City shall immediately notify Rayonier. The stockpile in question shall not
be delivered to the City landfill until the composition of the waste is ascertained and
found to be acceptable waste. If wastes are determined to be unacceptable, they shall
be completely removed from the stockpile before shipment of the stockpile to the
landfill. If unacceptable wastes are suspected, both Rayonier and the City shall take
samples of the waste and have it analyzed for composition. Samples shall be taken
from the same location and split equally between the City and Rayonier.
STEP 4 - REMOVAL AND DISPOSAL
After an area has been completely demolished and stockpiled, the material shall be
inspected by the City and/or Polaris and approved for removal to the landfill. Landfill
personnel shall be notified that the material is being delivered so that the disposal area
within the landfill is established and marked. The City shall maintain a map showing
where the demolition debris is to be deposited. This map shall be of sufficient accuracy
to allow for future excavation of the debris, and shall include both horizontal and
vertical location references. A log shall be maintained at the landfill which documents
delivery dates, weights, and disposal location for each demolition area.
STEP 5 - FINAL DOCUMENTATION
The City shall maintain a log which details each of the steps for each of the demolition
areas within the mill from which demolition debris will be disposed of at the landfill. This
log shall include the dates on which each of the steps in the demolition/disposal
process is initiated and completed, and shall include copies of the documents
approving demolition and removal of the material. A copy of the log information shall
be forwarded to the Clallam County Environmental Health Department at the
conclusion of the demolition/disposal activities for each area.