2004-2008 Wastewater Biosolids
City of Salina Kansas
Department of Utilities
AGREEMENT RELATED TO THE TRANSPORTATION
AND APPLICATION OF MUNICIPAL WASTEWATER BIOSOLIDS
THIS AGREEMENT effective the 1Q... day of January, 2004 ,by and between:
THE CITY OF SALINA, KANSAS, a municipal corporation (the "City"); and
Roger Mattison Farms
("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, Roger Mattison Farms
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 ManaQement.
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 the biosolids.
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 Loading 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 to 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 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 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 it's immediate disposal.
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4.
Determination of Quantity Removed. Contractor shall providl3 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 vehiGle; % of dry
solids in liquid or cake; and field identification.
5.
Land Applications of Biosolids.
Contractor shall providH 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.
Agronomic Services. Application sites shall not be used by 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 commencing 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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7.
Periodic Reports.
Contractor shall complete any federal and state
biosolids land application worksheets as required relative to the beneficial
use of the applied biosolids. These records shall be maintained for five (5)
years by the Contractor and copies shall be provided to the City.
With each submitted invoice for payment, the Contractor agrE!eS to deliver
to the City a report in a form acceptable to the City which shall include, but
not be limited to, the acreage on which biosolids was applied; application
method; biosolids form (liquid or cake); loading rates of nutnients 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 biosolid8. 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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11.
(B).
1.
10.
Emergency Response.
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 leakedlspilled material from roadways; divert traffic from the leak/spill
area; thoroughly clean biosolids from the entire area affE!cted by the
leak/spill; and do not leave the area without cleaning up the leaked/spilled
material.
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 concludE~d each day.
Citv shall be responsible for the following:
Ingress and Egress. City shall provide ingress and egress to Contractor to
facilitate the removal of biosolids from the Facility, including ;access gates
and roadways.
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2.
Relative Knowledge. 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 applicable permits, approvals, or other information obtained
from regulatory agencies applicable to the scope of work contemplated
herein.
3.
The City shall offer and maintain a good quality
Biosolids Qualitv.
stabilized Class B 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 "pmparer" of the
biosolids under the requirements of 40 CFR Part 503.
4.
Valid Permits. City shall be responsible for and maintain a valid state or
federal biosolids management permit and associated NPDES permit
5.
Laboratory Analvses. City shall obtain the necessary soil samples after
each crop harvest and be responsible for the soil analysis prior to any
biosolids application to the site.
City shall also obtain biosolids samples and perform thH appropriate
laboratory analyses of the biosolids as needed for land application. This
sampling shall include, but 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.
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C.
General Conditions:
1.
(a)
(b)
Payment
The City agrees to pay Contractor for transporting and applying the
liquid biosolids to farmland $ 144.65
per ton of dry solids. The
City, also, agrees to pay Contractor for transporting and applying
dewatered cake to farmland $ 71 .50
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, chHmical costs,
transportation costs and other related costs involved in the
transportation and application of the liquid biosolids or dewatered
cake by the Contractor.
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 pHrformance of
this 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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(b)
(c)
2.
Terms:
(a)
The term of this Agreement shall commence on the date of its
execution by both City and Contractor and shall continue until
December 31, 2008 .
This Agreement may be cancelled or
terminated by either the City or Contractor by the delivøry 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, th43n 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 eithør 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 elHction of said
party to terminate the Agreement following expiration of said
present term.
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 it's election to
terminate this Agreement upon 30 days written notice of said
termination.
The terms of this Agreement shall be interpreted in accordance with
the laws of the State of Kansas.
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(d)
Time is of the essence in all terms and provisions of this
Agreement.
(e)
The terms, conditions and stipulations aforesaid are to become and
shall be binding upon the parties hereto and their respective heirs,
devisees,
personal
representatives,
legatees,
executors,
administrators, successors and assigns, and each of them.
3.
Indemnification. City and Contractor each agree to indemnify, defend and
hold harmless the other from and against any and all claims, expenses, or
liabilities, including attorneys fees and other costs of defense" arising from
damages caused by their respective negligent acts or failure to comply
with the Regulations.
4.
Contractor's Insurance. Prior to or at the time of execution of the contract,
the Contractor shall file with the Owner a "Certificate of Insurance" or
other evidence as necessary to show that he and his subcontractors, if
any, carry adequate coverage fully to protect themselves against such
claims which may arise from operations under this contract, whether such
operations be by the Contractor or any subcontractor or anyone directly or
indirectly employed by either; said coverage to be in the form and
minimum amounts hereinafter specified. Each certificate shall contain a
clause requiring the insurer to notify the Owner at least 30 days in
advance of any cancellation or change in insurance contracts. All policies
shall be subject to approval by the Owner as to insurer and adequacy of
protection. The following minimum coverage shall be maintained in full
force and effect until completion of the contract and acceptance thereof by
the Owner.
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(a)
(b)
(c)
(d)
Workmen's Compensation Insurance. The Contractor shall provide
workmen's compensation and employer's liability insurance as
required by law fully to cover all employees.
Bodily Injury and Property Damage Insurance. A comprehensive
general bodily injury and property damage policy, including
automobiles, covering the work to be performed, shall be written to
provide a coverage of $500,000 (combined single limit policy)
covering bodily injury liability; property damage; dl3struction of
property; and automobile damage occurring durin!J the policy
period.
Automobile Liability.
The Contractor shall provide coverage
protection the Contractor against claims for bodily injury and/or
property damage arising out of the ownership or use of any owned,
hired andlor non owned vehicle.
Required minimum limits:
$300,000 each accident, combined single limits, bodily injury and
property damage.
Commercial General Liability Insurance.
The Contractor shall
provide public liability insurance coverage in an amount no less
than $250,000 covering the liability of the Contractor and any an all
consultants, agents, independent contractors, etc:. which are
employed or retained by the Contractor, on an occurrence basis.
The insurer must be acceptable tot he City of Salina. Upon review
of each project, the Deputy City Manger may require higher
coverage limits.
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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.
(e)
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 Deputy City Manager (785)309-5715, providing
full details thereof, including an estimate of the amount of loss or
liability.
Contact Deputy City Manger Immediately if any bodily
injury does occur.
5.
Notices. Notices as used herein shall mean delivery of written notice to
the respective parties hereto at the following addresses:
"CITY"
A TTN: Director of Utilities
P.O. Box 736
300 W. Ash Street
Salina, KS 67402
FAX: 785-826- 7256
"CONTRACTOR"
Mattison Farms
c/o Roger Mattison
2119 Melrose Lane
Salina. KS. 67401
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.
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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
-
Mattison Farms / Jl\l!.
by:-a~[.~
Alan E. Jilka, ayor'--
by: ~~ ~ ~~~)
Date:
\ ~ \-i\ ô>tX)3
Date:
)... Ó(O.
.
O¥
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