2009-2013 Biosolids Transportation & Application
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City of Salina. Kansas
Utilities Department
AGREEMENT RELATED TO THE TRANSPORTATION
AND LAND APPLICATION OF MUNICIPAL WASTEWATER BIOSOLlDS
THIS AGREEMENT effective the 2-1f.:i!-day of ~, 2008, by and between: The
City of Salina, Kansas, a municipal corporation (the "City'); and Mattison Farms. Inc.
("Contractor").
WHEREAS, the City, as the "preparer" of biosolids, owns and operates a Wastewater
Treatment Plant (the "Facility") which treats municipal wastewater and generates municipal
wastewater biosolids which must be used or disposed of in accordance with Environmental
Protection Agency (EPA) Regulations, 40 CFR Part 503, "Standards for the Use and Disposal of
Sewage Sludge"; and
WHEREAS, Mattison Farms. Inc., as the biosolids "applier", operates a farming operation
which can beneficially use all or a portion of the municipal wastewater biosolids generated by
the City; and
NOW, THEREFORE, in consideration of the services set forth herein, the parties agree
as follows:
(A) Contractor shall be responsible for the followina:
1. Overall Manaaement. Contractor shall provide the necessary management
services relative to the local, State of Kansas Department of Health and
Environment (KDHE) and federal (US-EPA, 40 CFR Part 503) regulations
("Regulations") for the removal, transportation and beneficial land application of
wastewater biosolids from the City. Contractor shall abide by and observe all 40
CFR Part 503 requirements, which pertain to the "applier" of biosolids.
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2.. Acceptance of Biosolids. Contractor shall accept from the City, stabilized
biosolids in liquid and cake form which meet the minimum Class B pathogen
reduction and vector attraction reduction requirements of the Regulations. The
biosolids are suitable for beneficial use in a land application program.
3. Biosolids Loadina and Transport. Contractor shall provide the necessary labor
and equipment to efficiently and safely load biosolids into transport vehicles and
to transport the biosolids from the Facility and suitable farmland application sites.
The vehicles utilized for the transportation of biosolids shall not leak material to
the outside. Contractor shall clean any biosolids off tires, trailer, truck and any
other equipment prior to leaving the Facility and prior to leaving the application
site to eliminate tracking/spillage of biosolids, etc. onto public roadways.
The Contractor shall abide by all local laws, regulations and ordinances, including
but not limited to, weight and speed limits on roadways and bridges. Contractor
shall warrant that all drivers transporting biosolids have a valid commercial
driver's licenses (CDL) unless specifically exempt from the CDL requirements.
Contractor and City agree that the loading and transport of. biosolids either in
liquid or solid form (cake) and application of same to agricultural sites shall be
made in a timely manner based on weather, farming and cropping practices. In
the event loading, transportation and application are not feasible for a period of
time, the City agrees to provide a limited amount of storage of said biosolids
without the necessity of its immediate disposal.
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4. Determination of Quantity Removed. Contractor shall provide to the City, copies
of log sheets which detail the following: date of biosolids removal; gallons of
liquid biosolids or tons of cake loaded on the vehicle; percentage of dry solids in
liquid or cake; and field identification.
5. Land Applications .of Biosolids. Contractor shall provide labor and equipment to
properly apply the biosolids uniformly to suitable application sites at agronomic
rates. in accordance with all applicable Regulations.
Contractor shall also not apply biosolids in the. cake form or surface apply liquid
biosolids to any portion of an agricultural field that is within 200 ft. of the center of
a public roadway or within 600 ft. of a residential dwelling. Subsurface injection
of liquid biosolids is permitted within 300 ft. of a residential dwelling. The above
buffer distances related to residential dwellings and public roadways may be
reduced with the consent of the homeowner or the City.
6. Aaronomic Services. Application sites shall not be used for any other biosolids or
residuals (sludges) sources without the City's approval. Sites shall meet the
criteria for land application in accordance with applicable Regulations regarding
the use and application of biosolids. The City shall approve all sites before
commencin'g application of biosolids. .
Contractor shall engage the services of a biosolids consultant, approved by the
City, to evaluate the nutrient level of the biosolids in conjunction with the soil
analysis to . establish the appropriate biosolids application rate to satisfy the
agronomic requirements of a proposed crop.
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With each submitted monthly invoice for payment, the Contractor agrees to
deliver to the City a report in a form acceptable to the City which shall include, but
not limited to, the acreage on which biosolids was applied; application method;
biosolids form (liquid or cake); loading rates of nutrients applied to the parcels;
application dates; dry tons applied per day; and documentation of compliance
with the Regulations relating to site restrictions.
8. Annual Reports. Contractor shall compile all records and generate all state and
federal annual reports as directed by Regulations. All reports should be in an
approved format approved by the City prior to submittal. These records shall be
maintained for five (5) years by the Contractor and shall be available to the City
and any regulatory agency upon request.
9. Review of Operations. Contractor shall allow City to inspect any and all proposed
sites used for application of biosolids and allow City to monitor daily operations
with respect to the application of biosolids. The City reserves the right to cease
Contractor's operation any time that Contractor's actions are in not in compliance
with the Regulations pertaining to the biosolids application program until such
deficiencies are corrected.
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10. Emeraencv ResDonse. In the event of a spill or regulatory problem involving
biosolids from the City, Contractor shall promptly notify the City. If such events
are attributed to Contractor, Contractor shall provide for the prompt clean-up of
any spill utilizing 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.
Contractor shall conform to the following practices when addressing biosolid
spills: Prevent spilled material from entering waterways; remove all leaked/spilled
material from roadways; divert traffic from the leak/spill area; thoroughly clean
biosolids from the entire area affected by the leak/spill; and do not leave the area
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without cleaning up the leaked/spilled material.
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11. Access Control. Contractor shall place "No Trespassing" signs at approximately
660 ft.. intervals around the entire perimeter of the agricultural fields receiving
biosolids. These signs shall be properly maintained to alloW clear visibility. Also,
place "No Trespassing" signs at all entrances to the fields receiving biosolids.
Contractor shall ensure the entrance gate(s), if any, to agricultural fields are
closed when biosolids application operations are concluded each day.
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(B) The City shall be responsible for the followina:
1. Inaress and Earess. The City shall provide ingress and egress to Contractor to
facilitate the removal of biosolids from the Facility, including access gates and
roadways.
2. Relative Knowledae. The City shall provide necessary information to Contractor
relative to the generation and composition of the biosolids that are to be land
applied. The City also agrees to provide to the Contractor copies of all permits,
approvals, or other information obtained from regulatory agencies applicable to
the scope of work contemplated herein.
3. Biosolids Qualitv. The City shall offer and maintain a good quality stabilized
Class 8 biosolids that are acceptable for land application and meet minimum
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.
4. Valid Permits. The City shall be responsible for, and maintain, a valid state or
federal biosolids management permit and associated NPDES permit.
5. Laboratory Analvses. The City shall obtain the necessary soil samples after each
crop harvest and be responsible for the soil analysis prior to any biosolids
application on the site.
The City shall also obtain biosolids samples and perform the appropriate
laboratory analyses of the biosolids as needed for land application. This
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sampling shall include, but is not limited to, quarterly analysis of pollutant
concentrations and nutrients concentrations; solid concentration; pathogen
reduction; vector attraction reduction; etc. 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.
. Copies of all lab reports will be furnished to the Contractor.
(C) General Conditions:
1. Payment.
(a) The City agrees to pay Contractor for transporting and applying the liquid biosolids
to farmland $139.98 per ton of dry solids. The City also agrees to pay Contractor
for transporting and applying dewatered cake to farmland $79.20 per ton of dry
solids. The City agrees to make payment to Contractor for transportation and
application of biosolids, both liquid and solid form, within 20 days following delivery
of a written invoice from Contractor. The City agrees that the unit price payments
set forth above shall be increased by 4% at the beginning of each calendar year to
allow for projected increases in labor costs, fuel costs, chemical costs,
transportation costs and other related costs. involved in the transportation and
application of the liquid biosolids or dewatered cake by the Contractor.
(b) Both City and Contractor agree that this Agreement is subject to renegotiation if
the Regulations change during the term of this Agreement so as to materially
affect either party's performance of the Agreement. If the Agreement is not
renegotiated to the acceptance of either the City or Contractor, either party may
elect to terminate this Agreement following 30 days written notice of said
termination.
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. 2. Terms.
(a) The term of this Agreement shall commence on the date of its execution by both
City and Contractor and sh~1I continue until December 31. 2013 (5 years). This
Agreement may be cancelled or terminated by either the City or Contractor by the
delivery of written notice of said termination, at least 120 days prior to the
termination date except that if the reason for termination is the failure of either
party to comply with the terms of this Agreement, then only a 30 day written notice
of termination shall be required. Following the initial term of this Agreement, the
same shall automatically renew itself from calendar year to calendar year unless
either the City or Contractor notifies the other in writing at least six months prior to
the expiration of the term of the Agreement of the election of said party to
terminate the Agreement following expiration of said present term.
(b) The City shall not be obligated to make any payments to Contractor in
accordance with the terms of this Agreement, except those payments that can
lawfully be made from funds budgeted and appropriated for this purpose during
the City's appropriate budget year. In the event the City shall not be able to make
payments to Contractor, Contractor reserves the ability at its election to terminate
this Agreement upon 30 days written notice of said termination.
(c) The Contractor agrees to comply with the terms of the Contractor's Insurance
Requirements attached and incorporated'as Exhibit A.
(d) The terms of this Agreement shall be interpreted in accordance with the laws of
the State of Kansas.
(e) Time is of the essence in all terms and provisions of this Agreement.
(f) The terms, conditions and stipulations aforesaid are to become and shall be
binding upon the parties hereto and their respective heirs, devisees, legatees,
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executors, personal representatives, administrators, successors and assigns, and
each of them.
3. Notice. Notices as used herein shall mean delivery of written notice to the
respective parties hereto at the following addresses:
"CITY"
ATTN: Director of Utilities
P.O. Box 736
300 W. Ash Street
Salina, KS 67402
FAX: 785-309-5713
"CONTRACTOR"
Roger Mattison
Mattison Farms, Inc.
4369 E. Campbell Rd.
New Cambria, KS 67410
All notices required under the terms of this Agreement, shall be made in writing
and delivered either by (a) hand delivery and considered delivered upon receipt;
(b) telefacsimile and considered delivered upon completion of transmittal; or (c)
certified mail and considered delivered upon signed receipt or refusal to accept
notice.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day and year set below their respective executions.
"CITY'
"CONTRACTOR"
THE CITY OF SALINA, KANSAS
BY:51Ou ~J
Date: ~O- t,-.Of)
MATTISON FARMS, INC.
BY:~.u
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Date: I IJ- If;... CJ~
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Contractor's Insurance
Requirements
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5aIina
The following requirements shall not be construed to limit the liability of the Contractor or It's
insurer(s). The City does not represent that the specified coverages or limits of insurance are
sufficient to protect the Contractor's interests or liabilities. Required coverages are to be maintained
without interruption from the date of the commencement of the work until date of final payment and
termination of any coverage required to be maintained after final payment. Questions regarding
these requirements should be directed to Nancy Schuessler, Risk Management Specialist at (785)
309-5705.
Commercial General Liabilitv Insurance
The Contractor shall provide public liability insurance coverage in an amount no less than
$500,000 covering the liability of the Contractor and any and all consultants, agents,
independent contractors, etc. which are employed or retained by the Contractor, on an
occurrence basis. The insurer must be acceptable to the City of Salina. Upon review of each
project, the Risk Management Department may require higher or lower coverage limits.
In lieu of the above coverage, the Contractor may provide coverage for his own firm in the
above amount or an additional amount and submit proof all his consultants, agents and
independent contractors have insurance deemed adequate by the City of Salina.
Automobile Liabilitv
The Contractor shall provide coverage protecting the contractor against claims for bodily injury
and/or property damage arising out of the ownership or use of any owned, hired and/or non-
owned vehicle. Required minimum limits: $500,000 each accident, combined single limits,
bodily injury and property damage.
Worker's Compensation
Before beginning work, the Contractor shall furnish to the City satisfactory proof that he has
taken out, for the period covered by the work under this contract, full workers' compensation
coverage as required by state law for all persons who he may employ directly, or through
subcontractors, in carrying out the work contemplated under this contract, and shall hold the
City free and harmless for all personal injuries of all persons who the contractor may employ
directly or through subcontractors.
Certificate(s} of Insurance
Certificate(s} of Insurance acceptable to the City shall be filed with the City at the time the
contract between the City and the Contractor is executed. These certificates shall contain a
provision that coverage afforded under the policies will not be cancelled or substantially .
changed until at least thirty (30) days prior written notice has been given to the City and
acknowledged. Note: if the Contractor is subject to worker's compensation law a certificate
shall be provided.
Notice of Claim
The Contractor, upon receipt of notice of any claim in excess of $1 ,000 in connection with this
contract shall promptly notify the Risk Management Department, (785) 309-5705, providing full
details thereof, including an estimate of the amount of loss or liability.
Indemnification Clause
The Contractor agrees to indemnify and save harmless the City, its officials, agents, servants,
officers, directors and employees from and against all claims, expenses, demands,
judgements and causes of action for personal injury or death or damage to property where,
and to the extent that, such claims, expenses, demands judgement or causes or action arise
from the Contractor's negligent acts.
Exhibit A
CERTIFICATE OF LIABILITY INSURANCE
Amerioe.n I=amlly Insurance Company 0
American Family Mutuallneurance Company if solootion bolC is not checked.
6000 Amorlcan Pky Madison, Wi500nldn 53793.0001
Agent's Namll, Address and Phone Number (AgI./Ols!.)
Daran Fl. Neuschafer (785) 827-5150
1526 E. Iron Ave,
Salina, KS 67401 (2501660)
Insvred'e Neme and Address
Roger & Maureen Mattison
609 Starlight Drivo
Salina, KS 67401
Thie certifi~te 1$ l$$...ed .. . maUer Of Infor'mlltlon only and corifers no righW upon the CertlflO.le Holder.
This clnlflcato does not amend, extlnd or alter Ihe coverage afforded by the pollc1eell$18d below.
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lhls 18 10 certify thAt pollel88 01 Insuronce 118\8d beloW h8'1e been 188Ue<l10 \he Ill$ured """,ad abova fDr tha polley pe,I<JIj fn(fIcaI8d, nolWllhetanlllng any mqulramanl. ",nn Of COIldlUon 01 any CO/llraet 0' Qtho,
dOO\Jment wnn reapeClIO which lhI8 cenJllcate may be l8SU8d or msy pertain. tIIell18umnce afforded by lI1e pqJIQIQ$ t,l,ccrib"d h.teln la SUbject to III tile term&, e~du.lon.. and wlldlllons 01 sllCh policies,
lYPE OF INSURANCE
Homeowner"
Mobilehomeown8l'e Liability
eoatowners Liability
POLICY NUMBER
F&,E&:JV';n FJI!la~I~~
Personal Umbrella LIability
15U8167101
03/1712008 03/1712009
Farm/Ranch Liability
15-P93625-Q1-00
1/1512008 1/1512009
Workers Compensatlon and
emploYl1~ Li.bllltv t
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Genelllll.lebility
CJ Commercial General
UabUily (ucoorrllnCfl)
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Suelnessowners liability
Uquor Liability
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A...tomoblle LIability
o Any Aulu
o All OWned Auto&
D Schadulod Autos
o Hired Avlo
D NonownQd Autos
CJ
Exeess Liability
o Commsrcial Blanket EKC$$$
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Other (Milcellaneo..., Coverages)
LIMITS Ol'l L1ABIUTY
BDdlly InJuJY &lid PIOjlerty DlV118ge'
Each OCCUrrence $ ,000
Bodily Inlury and Proplllly Damage
Esm OOOIIrrellCe $ ,000
lIodlly Injury and P.uplllly Illlmllge
E:acl\OOCUrrence $ 1,000 ,000
Farm UlIIllIUy '" PfIl8Ot181 Usbnlly
Eeol1 O<;l'olrranoa $ 1,000 ,000
F8lIll Employet'& LlablllY $ 10 000
E&ell O:e\lrren""
SlmIIlQry ......UU..
Esch Aclcldant $ ,000
0I8888e . ElICh EmplOYlle $ ,000
DI8e8ll8 - Policy LIm~ $ ,000
GonDnd Ayg'''Il''Ut $ 000
PrOlf~ets ' Con,.lelad OIleratlOl18 AmrenAte $ ,000
Person8lSnd AQvertl"~'.. ~,;ur" $ _..JOll
Each Ogcurrenco $ 000
Dame"" to premtses Flenlod to VaU $ 000
Mtod.~ El<IlllnB8 IAnv one psn;on) $ 000
Eaell OOCUmlllcet t $ ,000
AosrD91l8tt $ ,000
(;Qmman Cause Umll $ .000
Alll1rooo\e UmiI $ ,000
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BodilY InJury. !!Ad> I'a,..., $ ,000
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Sodlly inJUry. EDell Accident $ ,000
P.opsl\)' Damage $ ,000
Bodily InJwy ""d Property Ol\lMge Comblnlld $ ,000
Ell"'" OOCUrrenceJAggfllll.... $ ,000
-
t lhelndivldual 0, partnsl1shown ..Insured 0 HIlvo CJ li8V8 not
ol~r;I8d to be oovered m; I/lIIplO\I88e under lh~ policy.
t t ProcIUcIa.()ornP/uted Oper&lIonG "lllI...gBte 10 OQuol It> aach
occurr_ Umlllllld Islnoludod in policy sgllAl1l010.
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.. '0' ShOuld' any ~ thll above'deecribBd Dolioies be canco!JEld before th9
exp,lrallon date thereo,!. IhQ company, will Qndeavor to mall .( daylO)
wnllen notice to the uertnlcate Holaer named, but failure tl) mail sueti
nollce shall im~ no obligation or liability I,lf any kind UP.9.n thll
company. Its aaente or representativeS. .fO daye unless lllfferef'lt
number Of d\\ys Shown.
!II This oertlfle& coverage on Ill" date of Issue only. Tho above
de$Crlbed polioie5 al'Q subject 10 cancellation In conformity with their
terms and Dy the laws of the state 01 iSBue.
"'tilTIrlssueo IAUTrl'~FlI'IAllvt:.. )
1011312006 r~!' A.AJ/J I
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OESCRIPTION OF OPERA'nONSI LOCATIOIIIS I VEHICLES I FlESTRIC'I'IONS I SPECIAL ITEMS
,."',,, """'.'!'I.: ""C"r:H.'TllOi~"HI'\E~E'R'.D"UAM~'AIii''''''A'DDRI:SS''''' . ".
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. City Of Salina
ATTN: Dlreotor of Utilities
PO Box 736
SaUna, KS 67402
U-201 Ed. 5100
Certificate Holder
ld Wd6S:v0 B00c El '+00
lvvLLcBSBL: 'ON X~~
Stock No. 06668 ~e\l. 7/02
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