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HomeMy WebLinkAbout2016 11 21 Consent 301 Biosolids Disposal AgreementCOMMISSION AGENDA ITEM 301 Informational Consent X Public Hearings Regular November 21, 2016 KS KL Special Meeting City Manager Department REQUEST: Utility Department Requests Approval to use P &H Senesac, Inc. for biosolids dewatering and hauling with Compost USA as the biosolids disposal site. SYNOPSIS: The biosolids disposal site used by the City's current vendor is closing and an agreement is needed for a new biosolids disposal option. City staff evaluated four proposals for biosolids dewatering and determined the proposal by P &H Senesac was the most cost effective at this time. CONSIDERATIONS: This agenda item is needed to provide biosolids disposal for the City's two wastewater treatment plants. The Fort Meade disposal site for the current hauler, Sweetwater Environmental, is permanently closing in December and a new disposal option is needed. On June 23, 2014 the City Commission approved an agreement with Sweetwater for disposal of biosolids at a cost of $0.114 per gallon which was subsequently approved to increase to $0.15 per gallon on April 13, 2015. Sweetwater recently provided notice that disposal site would be closing and staff solicited proposals from biosolids vendors for alternatives. Staff has also been in discussion with the City of Sanford about biosolids disposal but that solution is about one year away so we need an interim solution. Proposals were solicited from Merrell Brothers ($0.1425 /gallon), Nuterra ($0.135 /gallon), Sweetwater ($0.15 /gallon) and P &H Senesac ($0.1282 /gallon). All proposers included on site dewatering in lieu of hauling liquid sludge. Senesac's proposal is also based on dry tons Consent 301 PAGE 1 OF 2 - November 21, 2016 which could lead to lower costs if we are able to increase the dewatered cake solids content. Approximately 3,000,000 gallons of 3% liquid sludge is produced annually by the two wastewater plants. Once dewatered on site, the cake is trucked to the biosolids disposal site which will be Compost USA. FDEP requires that Compost USA separately agree to take the City's biosolids and that agreement is also attached. FISCAL IMPACT: This agreement is expected to cost approximately $400,000 annually which is below the $468,000 budgeted. The work is expected to begin December 15, 2016. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The Utility Department requests that the City Commission approve the agreement with P &H Senesac for biosolids dewatering and disposal at an estimated annual cost of $400,000 and also approve the agreement with Compost USA to receive the City's biosolids and authorize the City Manager and City Attorney to execute any and all documents necessary. ATTACHMENTS: 1. P &H Senesac Agreement (5 pages) 2. Contract for Treatment and Composting of Domestic Wastewater Residuals (3 pages) Consent 301 PAGE 2 OF 2 - November 21, 2016 Attachment No. 1 AGREEMENT BETWEEN CITY AND CONTRACTOR FOR GOODS AND SERVICES THIS AGREEMENT, effective this day of November in the year, 2016, between: CITY Of WINTER SPRINGS, a political subdivision of the State of Florida, (hereinafter CITY), located at 1126 E. State Rd. 434, Winter Springs, FL 32708 AND the CONTRACTOR: P &II Senesac, Inc_ (hereinafter CONTRACTOR) P.O_ Box 577 Milton, VT 05468 WHEREAS, CITY has previously determined that is has a. need for dewatering and disposal of sewage biosolids from its two wastewater treatment facilities; and WHEREAS, CITY solicited proposals for such services; and WHEREAS, CITY awarded the scope of services to CON'T'RACTOR; and WHEREAS, CONTRACTOR has represented that it is able to satisfactorily provide the services and or materials according to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be Performed. The CONTRACTOR hereby agrees to provide the CITY with goods and services, as requested and more specifically outlined in the Proposal for Dewatering & Disposal of Biosolids attached hereto and made a part hereof as Exhibit A, this Agreement and all subsequent official documents that form the Contract Documents for this Agreement, including any additional contract terms contained herein. 2. Time of Service. Services shall be performed in a timely manner, as specified in the Request for Sid or as set forth herein. 3. Term of Agreement/Option of Renewal. This Agreement shall be in effect from the date of execution and continue for the term of one year. 4. Amendment of the Agreement. This Agreement may be amended only by mutual written agreement signed by the parties. No statement, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or is binding upon any of them. The parties acknowledge that this agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 5. Assignment. The CONTRACTOR shall perform all services and provide all goods and equipment required by this Agreement. No assignment shall be allowed without the prior written consent of the CITY. In the event of a corporate acquisition and /or merger, the CONTRACTOR shall provide written notice to the CITY within thirty (30) business days of CONTRACTOR'S notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this Agreement, which shall not be unreasonably exercised by the CITY, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state or federal laws. 6. Termination[Default. CITY shall notify CONTRACTOR of any failure to comply with any requirement in the Scope of Work and shall notify CONTRACTOR in writing of such failure /default. CONTRACTOR shall correct such failure /default within ten (10) working days. CITY shall have the right to terminate this Agreement if such correction is not made within the time specified above. 7. Compensation. CITY shall pay CONTRACTOR for its services on a weekly basis. CITY shall have thirty days from its receipt of each weekly invoice to remit payment for same. Finance charges or 1.5% per month will accrue if payment is not received within forty-five days of the issuance of the invoice. 8. Permit/ Licenses. CONTRACTOR must secure and maintain any and all permits and licenses required to complete this Agreement. 9. Audit. The CONTRACTOR shall retain all public records relating to this Agreement for a period of at least three (3) years after final payment is made_ All records shall be kept in such a way as will permit their inspection pursuant to Chapter 119, Florida Statutes. In addition, CITY reserves the right to have access to such records as required in this section for the purpose of inspection or audit during normal business hours, at the CITY'S cost, upon five (5) days prior written notice_ Public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical forn, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business between the CITY and the CONTRACTOR. 10. Governing Law. The laws of the State of Florida shall govern this Agreement. I I _ Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. The CONTRACTOR is and shall remain an independent contractor and is neither agent, employee, partner nor point venture of CITY_ CONTRACTOR acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control act of 1986 located at 8 U.S.C. 1324, et. Seq., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the Agreement, at the discretion of CITY. 12. Severability. The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full. force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the Agreement to be impossible or performance. 13_ Conflict of Interest. CONTRACTOR represents that it has no interest and shall acquire no interest(s), which conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part 111, of the Florida Statutes, CONTRACTOR further represents that no person having any interest shall be employed for said performance. CONTRACTOR shall notify CITY in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which. may influence or appear to influence CONTRACTOR'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that CONTRACTOR may undertake and request an opinion from CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by CONTRACTOR, CITY shall so state n the notification and CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict with respect to services provided to CITY by CONTRACTOR under the terms of this Agreement. 14. Dispute Resolution. 14.1 As a condition precedent to the filing, of any legal proceedings, the parties shall endeavor to resolve claim disputes or other matters in question by mediation_ Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall, by mutual agreement, select a mediator within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator then the CONTRACTOR shall select the mediator, who, if selected solely by the CONTRACTOR, shall be a mediator certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by each party to the mediator. 14.2 Attorney's Fees. Other than for the collection of liquidated sums due under this Agreement, the parties expressly agree that each party will bear its own attorney's fees incurred in any action arising out of this Agreement or the performance thereof. In actions for the collection of liquidated sums due under this Agreement the prevailing party shall be entitled to an award of reasonable attorney's fees incurred during the action to collect said sums and in any appeal arising therefrom. 14.3 Venue. Venue for all actions arising out of this Agreement or the performance thereof shall lie in Seminole County, Florida or the federal court having jurisdiction over Seminole County, Florida. 14.4 Non -jury Trial. The parties expressly and specifically hereby waive the right to a trial by jury as to any issued in any way connected with this Agreement of the performance thereof. 14.5 Waiver of Consequential Damages. The CITY waives Claims against the Contractor for consequential damages arising out of or relating to this Contract. IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Agreement as of the date first above written. REVIEWED BY P &H SENESAC, INC Paul E. Senesne, Iii President CITY OF WINTER SPRINGS Kevin L. Smith Its: City Manager November 3, 2016 City of Winter Springs Attn: Kip Lockcuff 1126 East State Road 434 Winter Springs, FL 32708 RE: Proposal for Dewatering & Disposal of iiosolids Dear Kip, We are submitting a proposal for the dewatering and disposal of sewage biosolids from the two wastewater treatment plants within the City of Winter Springs. The estimated annual dry tons of biosolids produced is around 550 dry tons. Our prices are as follows: Dewatering Cost per Dry Ton $565.00 Disposal Cost per DDf Ton Based on Percent Solids of Dewatered Cake Produced 14% Solids 1DT =7.14 Wet Tons @ $68.50/WT $489.20 /Dry Ton 15% Solids 1 DT =6.67 Wet Tons @ $68.50/WT $456.90/Dry Ton 16% Solids 1DT =6.25 Wet Tons @ $68.50/WT $428.13 /Dry Ton 17% Solids 1DT =5.88 Wet Tons @ $68.50/WT $402.78 /Dry Ton 18% Solids 1DT =5.56 Wet Tons @ $68.50/WT $380.86/Dry Ton 19% Solids 1DT =5.26 Wet ions @ $68.50 /WT $360.31/Dry Ton 20% Solids 1DT =5.00 Wet Tons @ $68.50/WT $342.50/Dry Ton Centrate Holding Tank Mobilization and Setup of 21,000 Gallon Holding Tank $750.00 Demobilization $750.00 Rental Cost $45.00/ Day $16,425.00/Yea r The dewatering cost per dry ton includes all costs associated with the labor and chemicals needed to dewater the biosolids. The disposal cost per dry ton will be based on the final percent cake solids produced. The disposal scale is based on final dewatered cake solids varying from 14 -20 %. A 21,000 gallon Centrate holding tank will be used at the West Plant to meter Centrate flow back to plant over a 24HR period. The rental rate will be based on a daily rate. Disposal will be in accordance with the State of Florida DEP rules and regulations. _. -- -A The following is not included and must be provided to us at no cost: 1. Sludge PH at both facilities to be 7.0 -7.5 prior to dewatering. 2. Digester tanks must be clean of all rags and trash material. P &H Senesac, Inc. will assist with this the first 1 -2 months. If additional equipment is needed P &H Senesac, Inc. to provide at extra costs. 3. If the sludge is rejected by disposal site due to foreign debris the City of Winter Springs agrees to pay the additional disposal and screening costs. 4. Bobcat for polymer tote loading /unloading 5. A firm, level 53x35' setup area for our dewatering equipment. 6. 480 volts, 3 phase 100 -amp power service within 50' of our setup area. 7. A 1 %z" 60psi minimum source of clean, low iron, and low chlorine water supply for our dewatering equipment. Terms: Invoices will be billed weekly. Payment is due within thirty days from receipt of invoice. If payment is not received within forty -five days finance charges will be added at a rate of 1.5 %. A purchase order is required to secure this project and must be sent to our office along with a signed copy of this quote. `hank you for the opportunity to work with you on this project. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Paul E. Senesac ill President Accepted Purchase Order # Date Attachment No. 2 CONTRACT FOR TREATMENT AND COMPOSTING OF DOMESTIC WASTEWATER RESIDUALS This "CONTRACT" for Treatment and Composting of Domestic Wastewater Residuals (CONTRACT) is made and entered into this 8th of November by and between Compost USA, (Facility ID: FLA841692) and The City of Winter Springs hereinafter referred to as the "GENERATOR ". Whereas CompostUSA of Sumter County is the operator of a Residuals Management Facility (RMF), and said RMF has been approved and is operating under the Florida Department of Environmental Protection ( "FDEP ") permit, and whereas the GENERATOR, located at 1126 E. SR 434 Winter Springs, FL 32708 Is the producer of biosolids, and has a need to dispose of biosolids generated by its WWTP, Facility ID# FLA011068 & FLA011067. Whereas CompostUSA of Sumter County is responsible for maintenance and operations of an RMF in compliance with 40CFR Part 503, Chapter 62 -640, F.A.C., FDEP Permit #FLA841692, and to the full extent of all rules and regulations applicable by federal, state and local governing bodies, all of which as may be amended from time to time. Furthermore the GENERATOR shall not be held responsible for treatment violations that occur after its residuals have been accepted by the permitted residuals management facility with which the GENERATOR has an agreement in accordance with paragraph 62- 640.880(1)9c), F.A.C., for further treatment, and Whereas, as a condition precedent to obtaining a valid operation permit for the RMF, FDEP requires CompostUSA of Sumter County to file a Facility Management Plan whereby CompostUSA of Sumter County certifies that their residuals shall be composted to meet Class AA standards. New therefore, and in consideration of the mutual terms, covenants and conditions to be complied with on the part of the respective parties hereto, it is agreed as follows: The following CompostUSA of Sumter County FDEP permit (FLA841692) as may be amended from time to time, is incorporated herein and made part hereof by reference: 1. FLA841692(CompostUSA of Sumter County's RMF) 2. By and through the CompostUSA of Sumter County Permit, CompostUSA of Sumter County has a total capacity of 1750 ton per week available for residuals treatment. 3. Nothing in this CONTRACT shall supersede or take precedence over the obligations and responsibilities of each party to operate and maintain their facilities in compliance with all applicable rules and regulations. The GENERATOR hereby covenants and agrees: A. To pay a fee (the "Residuals Fee ") designated in this contract for treatment and disposal of biosolids. B. To produce residuals that meet the chemical criteria as stated in Chapter 62 -640 and any and all applicable Federal and State Requirements. C. To save and hold harmless CompostUSA of Sumter County from any actions and /or penalties associated with the conditions and requirements of the GENERATOR's permit or any federal, state, and local rules and regulations, except to the extent that such responsibilities are undertaken by CompostUSA of Sumter County as specifically stated under this CONTRACT. D. Provide CompostUSA of Sumter County with a certified manifest of the residuals being delivered. E. Furthermore, the GENERATOR warrants that the residuals shall not contain hazardous, toxic, industrial or radioactive waste or prohibited substances except as permitted by applicable rules and regulations of federal, state or local governing bodies. The quality of residuals for composting under the CompostUSA of Sumter County's Permits are at a minimum, Sub Class B stabilized as defined in 40 CFR Part 503 and 62- 240, F.A.C. CompostUSA of Sumter County will not accept residuals that have been lime sterilized. The initial term of this CONTRACT shall be for one year (INITIAL TERM), which shall expire in one year from the date of execution. Upon the expiration date, and each subsequent anniversary thereof, the CONTRACT will automatically renew for an additional one year term unless either party gives written notice of cancellation by Certified Mail no less than thirty (30) days prior to the expiration date on the then current term. This CONTRACT may be canceled by either party by giving at least 30 days advance written notice by Certified Mail. In the event it should be necessary for either party to retain the services of an attorney to enforce any provisions of this CONTRACT, both parties agree that the cost of the legal proceedings and reasonable attorney's fees, including any attorney fees and costs incurred as a result of any proceedings shall be paid by the party that does not prevail, or if comparative fault is found, then pursuant to the determination of the court. Compost USA will invoice weekly for residuals hauled. Payment shall be made within Thirty (30) days of the invoice date. The Residuals Fee will be negotiated in advance between the respective parties. Prices are subject to change upon the completion of the Initial Term of the CONTRACT and each renewal term thereafter. CompostUSA of Sumter County By: Kris Creeden By: Title: President Title: Date: 11/8/16 Date: