1979-0502_SOLAG DISPOSAL COMPANY_Contract• 1 0
CONTRACT FOR SLUDGE REMOVAL
THIS AGREEMENT, made an entered into this 2nd day of
May , 1979, by and be ween SOLAG DISPOSAL COMPANY , P.O. Box
305, South Laguna California, 92 77, hereinafter referred to as "Con-
tractor" and the ITY OF SAN JUAN CAPISTRANO, hereinafter referred to
as "City."
W I T N 9 S S E T H
WHEREAS SERRA Wastewat r Treatment Plant produces a by-product
in the treatment nd disposal of ewage which consists of dewatered sludge
containing approx'mately 30% soli;ewage
s, hereinafter referred to as "sludge;"
and
WHEREAS, the aforesaid ludge is waste material which must be
removed by the Ci y from SERRA's treatment plant and premises; and
WHEREAS, Contractor isjble to remove and dispose and/or make
commercial use of the sludge.
NOW, THEREFORE, in cons deration of the premises and of the
mutual agreements ereinafter set forth, Contractor and City agree as
follows:
1. Contractor's Obligations: CoHtractor shall:
A. Upon notif'cation from Ci
continuing on a month -to -
remove all sludge from th
as such sl dge is produce
's Director of Public Works and
nth basis thereafter, receive and
SERRA sewage treatment facilities
B. Provide su h trucks and co tainers, hereinafter collectively
referred t as "equipment," as may be necessary to receive and
remove the sludge, pursuan to such standards as may be re-
quired by City, SEr other governmental agency.
C. Keep and mJhe
intain said equ'pment in a neat and clean condition
and in goo repair at all imes, and provide competent employees
to operatethe equipment a d to otherwise perform the obligations
herein conained.
D. Provide an maintain th
ity insurance with an insurance
company ap roved by the Ci y in the minimum amounts of $100,000/
$300,000 p r accident for ersonal injuries and $100,000 property
damage. T e aforesaid ins rance shall cover the entire opera-
tion of th Contractor and shall name the City and SERRA as
additional insured. A cop of such policy shall, moreover,
be filed w'th the Director of Public Works.
E. Sell sludg , after process ng, to any public agency within the
South East Regional Reclam tion Authority for the equivalent
of Contracor's actual cos s and overhead expenses, plus ten
percent (1 %).
i
P
F. Conduct i s operations up n SERRA's facilities in such a
manner th t will not inte fere with the sewage treatment opera-
tions, an shall otherwis comply with all laws, ordinances
and rules and regulations.
2. Payment by Ci y:
A. City shaltwice a month after receipt of an invoice, pay
contracto the equivalent of $60.00 per load for each truck
load of slalcilities.
udge as hereina ter defined, received and removed
from the
B. "Truckloashall mean no more than 10 cubic yards and/or 8
tons of s udge contained ithin equipment capacity.
C. City and ontractor shall keep and maintain accurate records
of the qu ntity of sludge received and removed by Contractor in
a manner pproved by the ity. The aforesaid records shall be
subject t audit by eithe party and shall be the basis for
the payme t as hereinabov provided.
3. Effective Date and Terminatioi:
This agreemen shall become e fective on the date of execution, and
shall continu on a month -to- onth basis hereafter. It may be ter-
minated at th end of any mon 4h by either the City or the Contractor
by giving wri ten notice of i tent to so terminate, no later than
30 days prior to the end of s ch monthly operation period.
IN WITNE S WHEREOF, the parties hereto have caused this agreement
to be executed by Puly authorized persons on the date first above written.
SM
ATTEST:
APPROVED AS TO FORM:
-3-
CITY OF SAN JUAN CAPISTRANO
BY G•-• .� /
JAMES S. MOCALIS, CITY MANAGER
SOLAG DISPOSAL COMPANY
B
924OQ P SEO AOELANTO >
3
SA14 JUAN CA PIS ftA NO, CALIFO RNIA 92675
ro z
August 17, X979
Solan Dispo al Service
31652 Secon Avenue, Suite
South Lagun Beach, CA 92677
ATTENTION: Mr. Tom Trulis
Dear Mr
The co tract that was ntered into by Solag Disposal
Company and the City of San Juan Capistrano for sludge
removal has been determined as null and void. This is an
official ac ion necessitate by the non-compliance of the
contractor Solaq) to the t rms of the agreement; specifi-
cally Secti a I.D. with reg rds to providing insurance
coverage.
If you wish further co sideration of clarification of
this matter, please contact me at City Hall at 493-1171.
Very truly ours,
L1f).
W. D. Murp y
WDM:CSF/rkh
cc City Cler
City Atto ney
r . .
5 32400 ASEO ADGLANTO
i
SAN JUAN CAPI TRANO. CALIFORNIA 92675
a
\ 'P ONE 493-1171
26, 1979
Solag Disposal Company
P. O. Box 305
South Laguna, alifornia 926
Re: (Contract for. Slludge Removal
Gentlemen:
Att eir meeting of ay 2, 1979, the City Council
approved an ag eement with you for the removal of sludge from
the SERRA Trea ment Plant. It is my understanding that Mr. William
Becker of our Public Works Dep rtment, has notified you that your
services will Oe utilized on a emergency or back-up basis, and
that at least I days advance n tification will be given.
Encl sed aretwo cop es of the agreement executed by
the City. Ple se sign both co ie
s and return the "City Copy"
to this office along with the nsurance required pursuant to
Section 1.D. o the agreement.
If yolt have any ques ions, please do not hesitate to
call.
Very truly yours,
S) MART' ANN HANOVER
ty Clerk
MAH/cj
Enclosures
cc: Director o Public Works
MEMORANDUM
TO: File No. 255 - Solag
13035T'V
DATE: August
DuCoing, Records
, 1979
al
0
-Un Basis
The Contact signed by Mr. �rulis of Solag Disposal was received
this date from Ms. Ferguson of Public Works. This Contract has been revised
per meetings with he Public Works' D partment and Mr. Trulis.
No insurance had been recei ed from Solag per the Contract provision
(Section 1.D) and Or. Trulis was cont cted regarding this requirement.
Mr.Trul s felt that as thi was only an emergency/back-up basis
contract that ther was really no con ract until the time that his company was
needed, and at tha time he would con act his insurance company and have a
certificate of ins rance sent to us. IHe also felt that since he has insurance
on file with the C ty for his trash s rvice (File No. 40, Agreements) that he
was more than cove ed and that that i surance was well above the required limits.
I told M . Trulis that I wo ld check with the Director of Public Works
regarding the insu ance situation and get back to him if necessary. I felt
that nothing could be accomplished by my talking to Mr. Trulis any further.
I have contacted Ms. Fergus n of Public Works and advised her of the
situation. I have also advised her t at our policy is that a contract is indeed
not valid without required insurance nd/or bonds.
I have
this matter could
cc: Cindy
ed her to relay th�s information to Mr. Murphy so that
resolved as soon s possible.
Public Works
c��
AGENDA ITEM
Mays 2, 1979
i
TO: James S. Mocalis, Ci
FROM: W. D. Murphy, Direct
SUBJECT: Slud
SITUATION
The City of San
Golden West Fer
operations and
sludge hauling
SERRA. Consequ
tive to the inc
via increased c
Golden West Fert
ing hauling agre
to the Prima De:
composting yard.
Golden West Fert
$40 per load inc
composting at tY
Golden West Fert
has available fc
the hauling cont
demands or unave
the City's treat
per month.
Hauling Agre
Juan Capistrano
ilizer Company.
aintenance of t
osts and operat
ntly it is nece
ease in costs t
sts now propose
The City has rec
Fertilizer from
payment until th
will arise in the
Management Agency
Disposal site. T
hauling costs, wh
West until June,
sludge hauling/co
quest for increas
hauling to the Pr
agreement to remo
the Golden West f
to the dump and t
posed by Golden W
The alternative
arrangements be
Company, as well
Fertilizer Comap
ation now being
company defaults
FOR CITY COUNCIL
lizer has propo
ment. Currentl
echa Disposal s
Apparently thi
lizer's overhea
ease will rever
Golden West Fe
lizer is the on
sludge removal
actors such tha
lability to rem
ent plant opera
ived a stop not
is trucking sub
sub -contractor
future is the
that sludge wi
his requirement
en imposed. Th
1981, yet their
posting is in
is not valid
'ma Deshecha du.
e the material
cility. The r
is can be acco.
st Fertilizer.
Manager
of Public Works
t (Solag Disposal)
i
is under contract for sludge hauling with
The City is also under agreement for the
e SERRA Treatment Facility. Changes in
on financially affect both the City and
sary to include SERRA in decisions rela-
the operations and maintenance contract
by the sludge hauling contractor.
ed a $40 per load increase to the exist -
Golden West Fertilizer is hauling sludge
te, rather than to Golden West Fertilizer's
change in scope of operation has caused
to increase their per load charge. The
back to the contract cost of $89.77 when
tilizer yard resumes. In the interim,
y sludge hauling contractor that the City
It has become necessary to diversify
the City and SERRA are not subject to
ve sludge from only one contractor. In
ions, 50 loads of sludge must be removed
ce for payment of funds to Golden West
contractor. The City is estopped from
s liens are paid. Another problem which
equirement by the County Solid Waste
1 no longer be accepted at Prima Deshecha
by the County will further increase sludge
City has a valid contract with Golden
dependability to continue providing
uestion. Golden West Fertilizer's re-
s their current scope of work, sludge
p site, conflicts with the intent of the
and develop a fertilizer by-product at
quested increase is for hauling sludge
plished at a less cost than that pro-
ing presented ti
de with McBride
s continuing th
. McBride Trucl
rformed by Gold(
n its sludge hal
GENDA
the City Council is that sludge hauling
Trucking Company and Solag Disposal
existing agreement with Golden West
ing would supplement the hauling oper-
n West Fertilizer in the event that
ling responsibilities.
f ��
James S. Mocali
Sl,Vge Hauling
r
As an emergency
an 5 -yard dump
bility in the h
reliability in
sludge from the
by the State an
for violations
all sewer hook -
following Counc
for adoption on
FINANCIAL CONS
The impending li
that the City ha
due to the unant
will be requeste
alternative bein
vehicle by SERRA
for this vital s
careful consider
require an inter
the current agre
the City could s
Arrangements wit
hauling alternat
with McBride Tru
Golden West Fert
truck load, or $
agreement with c
not to exceed $9
ALTERNATE ACT
1. Approve the
Company and Sola
the documents on
cost with Golden
2. Do not enter
3. Request
0
City Manager
xreement
alternative to
ruck, should th
uling of sludge
ludge hauling.
treatment plant
Federal Govern
f this kind are
ps in the SERRA
1 determination
May 10th.
By motion, approv
Trucking Company
City Clerk to exe
existing contract
WW. . D. Mrp ourp 0
WDM:WPB/rem
bility of no s
only received
cipated circum
should a long
investigated
which would e
rvice. The hi
tion. A long
m solution. S
ment due to Ci
ek to recover
McBride Trucki
ves while reduc
king which is s
lizer, except f
.25 per yard.
sts not to exce
per load, or $
eements for s
Disposal Comp
half of the C
st Fertilizer
agreements
r study by s
0
-2- May 2, 1979
ludge hauling, the City has available
need arise for its use. This flexi-
can help reduce increased costs and
Should the City be unable to remove
a violation to the requirements imposed
ents would result. Maximum penalties
$10,000/day and a cease and desist to
region. These sludge hauling alternatives,
will be brought before the SERRA Board
the agreements
d Solag Dispos
to the documen
ith Golden Wes
S.
ge hauling alternatives is the reason
formal bids for the hauling of sludge
nces. Formal bids for sludge hauling
rm solution be unavailable. Another
the purchase of a sludge hauling
inate reliance upon outside contractors
annual costs for hauling sludge requires
m solution is sought but time restraints
ld Golden West Fertilizer default on
denial of the requested $40 increase,
acres incurred.
g and Solag Disposal can increase sludge
ng hauling costs. An agreement is attached
milar to the agreement now in force with
r sludge hauling costs of $100 for each
olag Disposal has been offered the same
d $5,500 per month, with a cost per load
.62 per yard.
udge hauling with the McBride Trucking
ny, and authorize the Mayor to execute
ty, and maintain the existing contract
r sludge hauling.
for sludge hauling with the McBride
1 Company, and authorize the Mayor and
s on behalf of the City, and maintain the
Fertilizer Company.
THIS
P. O. Box 305,
to as "Contractc
referred to as "
WHEREAS,
in the treatment
sludge containin
as "sludge"; and
WHEREAS, t
removed by the Ci
and
WHEREAS,
commercial use
NOW, THERE
mutual agreements
as follows:
•
CONTRACT FOR
MENT, made and
, 1979, by and
ty. ,.
tered into this day of
tween SOLAG DISPOSAL COMPANY
ifornia 92677
W I T N E S S S E T H:
hereinafter referred
TRANO, hereinafter
RRA Wastewater Treatment Plant produces a by-product
nd disposal of sewage which consists of dewatered
approximately 0% solids, hereinafter referred to
aforesaid sl4dge is waste material which must be
from SERRA's sewage treatment plant and premises;
ntractor is
the sludge.
ORE, in consi
hereinafter s
1. Contra6tor's Obligati
to remove and dispose and/or make
ation of the premises and of the
forth, Contractor and City agree
Contractor shall:
A. Up n notification from City's Director of Public Works
and co timing on a mo th-to-month basis thereafter, receive
and re ove all sludge rom the SERRA sewage treatment
facili ies as such slu ge is produced.
B. Pr vide such truck and trailers, hereinafter collect-
ively eferred to as " quipment" as may be necessary to
receiv and remove the sludge, pursuant to such standards
as may be required by he City, SERRA or other governmental
agency.
C. Ke p and maintain aid equipment in a neat and clean
condition and in good epair at all times, and provide
compet t employees to operate the equipment and to other-
wise p rform the oblig tions herein contained.
D. Pro ide and mainta n liability insurance with an insur-
ance co pany approved y the City in the minimum amounts of
$100,00 /300,000 per a cident for personal injuries and
$100,00 property dama e. The aforesaid insurance shall
cover t e entire opera ion of the Contractor and shall
name th City and SER as additional insured. A copy of
such po icy shall, mor over, be filed with the Director of
Public orks.
E. S 11 sludge, after processing, to any public agency
withi the South East Regional Reclamation Authority for
the e uivalent of Con ractor's actual costs and overhead
expen es, plus ten pe cent (10%.)
F. C nduct its opera ions upon SERRA's facilities in such
a man er that will no interfere with the sewage treatment
opera ions, and shall otherwise comply with all laws,
ordin nces and rules nd regulations.
2. Payme t by City:
A. City shall, twice a month, after receipt of an invoice,
pay co tractor the eq ivalent of $5.62 per yard for each
truck cad of sludge s hereinafter defined, received and
remove from the faci ities.
B. "T uckload" shall mean 17 to 21 cubic yards of sludge
cont
ai ed within a tr filer with a capacity of 30 cubic
yards t water level. Any change in this cubic yard truck-
load r quirements sha 1 be included by Contractor in
billin the City.
C. Ci y and Contract r shall keep and maintain accurate
record of the quantit of sludge received and removed
by Con ractor in a man er approved by the City. The
afores id records shall be subject to audit by either party
and sh 11 be the basis for the payment as hereinabove
provid d.
3. Effective Date and Terinination:
This a reement shall b come effective on the date of
execut'o, and shall c ntinue on a month-to-month basis
hereaf er. It may be erminated at the end of any month
by eit er the City or he Contractor by giving written
notice of intent to so terminate, no later than 30 days
prior o the end of su h monthly operation period.
IN WITNESS EREOF, the pa ties hereto have caused this agree-
ment to be execute by duly autho ized persons on the date first above
written.
-2-
ATTEST:
V.1 uVaelf"vp
-3-
CITY OF SAN JUAN CAPISTRANO
10
KENNETH E. FRIESS, MAYOR
SOLAG DISPOSAL COMPANY
im
0
FOR (SLUDGE REMOVAL
0
THIS AGREEMENT, made and Pntered into this day of
1979, by and between MCBRIDE TRUCKING COMPANY
hereinafter referred
to as "Contracto " and the CITY F SAN JUAN CAPISTRANO, hereinafter
referred to as " ity."
W I T N E S S E T H:
WHEREAS, S RRA Wastewater Treatment Plant produces a by-product
in the treatment and disposal of sewage which consists of dewatered
sludge containing approximately 0% solids, hereinafter referred to
as "sludge"; and
WHEREAS, t a, aforesaid sl dge is waste material which must be
removed by the Ci;y from SERRA's sewage treatment plant and premises;
and
WHEREAS, C ntractor is able to remove and dispose and/or make
commercial use of the sludge.
NOW, THEREFORE, in con
mutual agreements hereinafter
as follows:
1.
's Obli
ation of the premises and of the
forth, Contractor and City agree
Contractor shall:
A. Up n notification rom City's Director of Public Works
and cc tinuyng on a mo th-to-month basis thereafter, receive
and re ove all sludge rom the SERRA sewage treatment
facili yes as such slu ge is produced.
B. Pr:form
ide such truck and trailers, hereinafter collect-
ively ferred to as " quipment" as may be necessary to
receivand remove the sludge, pursuant to such standards
as maye required by he City, SERRA or other governmental
agency
C. Keand maintain aid equipment in a neat and clean
conditn and in good epair at all times, and provide
C,t employees to operate the equipment and to other-
wise pthe oblig tions herein contained.
D. Provide and mainta'n liability insurance with an insur-
ance co pany approved y the City in the minimum amounts of
$100,00 /300,000 per a cident for personal injuries and
$100,00 property dama e. The aforesaid insurance shall
cover tiorks.
e entire opera ion of the Contractor and shall
name th Cyty and SER as additional insured. A copy of
such poicy shall, more ver, be filed with the Director of
Public
2.
3
0
E'S
11 sludge, aft r processing, to any public agency
withi the South East Regional Reclamation Authority for
the e uivalent of Contractor's actual costs and overhead
expen es, plus ten pe cent (100.)
F. C nduct its opera ions upon SERRA's facilities in such
a man er that will no interfere with the sewage treatment
opera ions, and shall otherwise comply with all laws,
ordin nces and rules nd regulations.
Payment by City:
A. C'ty shall, twice a month, after receipt of an invoice,
pay c ntractor the eq ivalent of $6.25 per yard for each
truck load of sludge s hereinafter defined, received and
remove from the faci ities.
B. "T uckload" shall mean 17 to 21 cubic yards of sludge
contai ed within a tr iler with a capacity of 30 cubic
yards t water level. Any change in this cubic yard truck-
load r quirements sha 1 be included by Contractor in
billin the City.
C. Ci y and Contract r shall keep and maintain accurate
record of the quanti y of sludge received and removed
by Con Tactor in a ma of
approved by the City. The
afores id records shall be subject to audit by either party
and sh 11 be the basis for the payment as hereinabove
Provid d.
Effe
This a
execut
hereaf
by eit
notice
prior
IN WITNESS
ment to be execut
written.
ve Date and
reement shall b come effective on the date of
on, and shall c ntinue on a month-to-month basis
er. It may be erminated at the end of any month
er the City or he Contractor by giving written
of intent to so1 terminate, no later than 30 days
o the end of su h monthly operation period.
WHEREOF, the pa ties hereto have caused this agree-
d by duly autho ized persons on the date first above
-2-
ATTEST:
APPROVED AS TO
-3-
OF SAN JUAN CAPISTRANO
KENNETH E. FRIESS, MAYOR
TRUCKING COMPANY