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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 /~ TITLE' ~~""""\""'^t -T-...c...._~ ATTEST: b~2>~ lJ.rteA BECKY UPT CI LERK .- Form: PW-0410_01 wpd File N:\PWKS\ADMIN\RAYONIER\CONSUL T\AGMT _WPD (' r ". l,o' - , 'I.....v.. ..., I' " .I I', . '"' \ I' -," \ '1.\'; 0 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 - 2 - 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.) ~7-7'VC/j L',~-z</tb/1 NAME AND TITLE: /~ ,){;'/v,.v.( C j.lrIlL:/t , 1/ 1'- (! t~~.> c;/,l.'/~I fU~~~~J5 ~y. ~~ . . . "':' Iu~ ,-~_l'r:; APPROVED AS TO FORM: /J . rf/} /,~'---r-- l~tl 1\. I C n"-'(~I'\-~ ) Cralg D. Knutson, City Attorney ATTEST: Ad9.>,~ . --I..1f'lr i\. Becky J. pt n, Ci y Clerk A \RAYONIE~ CON M 6 - I, ,I , ,l~\? ,~~ 1 ',',~' . 1~J' I ~,)'i,~i, ~~ '.,; il~~~;<.') ,':: {~~;j;.;1; I",,". "i'-', " . 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. -\0.... ' " ..~" 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.