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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