AGREEMENT FOR TREATMENT AND DISPOSAL OF DOMESTIC WASTEWATER BIO-SOLIDS RESIDUALS (SLUDGE HAULING CONTRACT)
Agreement for Treatment and Disposal of
Domestic Wastewater Bio-Solids Residuals
(Bio-Solids Services - Sludge Hauling Contract)
T;. ~
This agreement entered in this g - day of J UN t'.. , 2005,
between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758-4748 ("City")
and Appalachian Material Service, Inc., P.O. Box 97, Terra Ceia, Florida 34250
("Hauler"), is for the removal, treatment, and disposal of domestic wastewater residual
bio-solids.
Whereas, Hauler accepts full responsibility and liability for hauling and disposing
of residuals from the point of loading from the source facility, in accordance with
Chapter 62-640, F.A.C.
Whereas, City owns and operates three domestic wastewater treatment facilities
currently under review for permit renewal, and has the need for the removal of bio-solids
generated at those facilities; and
Whereas, City has selected Appalachian Material Service, Inc. (AMS) for the
removal ofbio-solids generated at the City's facilities; and
Whereas, this agreement incorporates all terms and conditions in Request For
Proposal #16-05 for Bio-solids Services and Haulers response to said proposal.
Now therefore, for and in consideration of the actual terms and covenants set forth
in the City of Clearwater Request For Proposal #16-05 and Haulers's response thereto the
parties agree as follows:
1. City hereby covenants and agrees:
A. To provide analyses of the unstabilized bio-solids residuals generated in
accordance with the operating permits of the source treatment facilities.
B. To pay according to the amounts and payment schedule submitted by the
Hauler in accordance with those conditions set forth in RFP #16-05
including hauling of unstabilized bio-solids from the Marshall Street
Advanced Pollution Control Facility (APCF) to the Hauler's Residual
Management Facility, hauling and disposal of stabilized bio-solids from
the Northeast APCF, and hauling of liquid unstabilized bio-solids from the
East APCF to the Northeast APCF.
C. That all residual bio-solids are generated through the treatment of
domestic wastewater and do not contain toxic industrial waste or
radioactive substances to the best of source knowledge. The bio-solids are
unstabilized at the Marshall Street APCF and East APCF, and stabilized
(Class"B") at the Northeast APCF.
2. Hauler covenants and agrees:
A. To accept full responsibility fro the bio-solids at the point of loading at the
source facility and to provide a performance bond as specified in RFP
#16-05.
B. To submit invoices in a timely manner with all of the information required
in RFP #16-05.
C. To provide data and maintain records as set forth in RFP #16-05 and as
required by all governmental regulations.
D. To comply with all the specifications as outlined that have not been
included in this document. Any interpretation of the parties'
responsibilities shall be controlled by the terms ofRFP #16-05.
3. The term of this agreement shall be for twenty-four (24) months from the date of
this agreement. City may terminate this agreement for any reason with thirty (30) days
written notice to Hauler.
4. Hauler shall indemnify and hold harmless from and against all loss, cost, expense,
and liability whatsoever, including attorney's fees resulting from Hauler's activities.
Hauler's duty to indemnify shall include indemnification from and against any fine,
penalty, liability or cost arising out of Hauler's violation of any law, ordinance or
government regulation applicable to Hauler's activities.
5. Nothing stated in this agreement shall supercede or take precedence over the
responsibility of each party to operate and maintain their individual and collective
facilities in compliance with the obligations set forth in their individual operating pennits
and in the applicable rules of the United States Environmental Protection Agency and the
State of Florida, Department of Environmental Protection.
6. The validity, construction, and performance of this Agreement shall be governed
by the laws ofthe State of Florida.
Countersigned:
4~~
FrltnllHibbard .
Mayor
CITY OF CLEARWATER, FLORIDA
BY:~ll
William B. Horne II
City Manager
Attest:
- z JL ~Oa.
ia E. Goudeau
lerk
APPALACHIAN MATERIAL
SERVICE, INC.