HomeMy WebLinkAboutPSA NRC EnvironmentalPROFESSIONAL SERVICES AGREEMENT
This Agreement is made by and between Kittitas County (hereinafter "the County")
and NRC Environmental Services (hereinafter "Contractor"). The County and Contractor
agree as follows :
General Conditions; Exhibit A (Scope of Work); Exhibit B (Compensation);
Exhibit C (Proof of Insurance);
copies of which are attached hereto and incorporated herein by this reference as fully as if
set forth herein.
The term of this Agreement shall commence on 3 April 2019, and continue until
completion of the project. Any party may terminate this Agreement by giving thirty (30)
days' notice in writing either personally delivered or mailed postage-prepaid by certified
mail, return receipt requested, to the party's last known address for the purposes of giving
notice under this paragraph.
Contractor acknowledges and by signing this Agreement agrees that the
Indemnification provisions set forth in Paragraphs 7 (Independent Contractor), 9 (Taxes),
15 (Defense and Indemnity Agreement), 21 (Patent/Copyright Infringement) and 24
(Confidentiality), are totally and fully part of this Agreement and have been mutually
negotiated by the parties.
Professional Services Agreement (rev. 09/24/2018)
Page 1 of 28
IN WITNESS WHEREOF, the parties have executed this Agreement this _2_
day of _April __ , 2019.
APPROVED :
BOARD OF COUNTY COMMISSIONERS ~,WASH;:N
~
Contractor Address :
6211 N. Ensign St
Portland, OR 97217
Project Contact:
Shawn Estrada
Professional Services Agreement (rev. 09/24/2018)
Page 2 of 28
ABSENT
Commissioner
By: __________ _
Deputy Prosecuting Attorney
County's Address :
Kittitas County
205 West 5th Avenue, Suite 108
Ellensburg, WA 98926
Project Contact:
Bryan Nass
GENERAL CONDITIONS
1. Scope of Contractor's Services:
Contractor agrees to provide to the County services and any materials set forth in the
project narrative identified in Exhibit "A" during the Agreement period . No material , labor,
or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
2. Performance of Work:
Contractor shall perform work in accordance with, and shall comply with, all of the
provisions of this Agreement. All work shall comply with applicable codes and ordinances.
3. Schedule of Performance:
Unless directed otherwise by the County, Contractor shall perform the work in accordance
with any schedules made a part of this Agreement.
4. Definitions:
4.1 "Additional Insureds" means the County, its successors and assigns, and
the respective directors, officers, employees, agents and representatives of
the County and its successors and assigns.
4 .2 "Support" means the following: Contractor's directors, officers, employees,
agents and representatives; and sub-Contractors of any tier; the respective
directors, officers, employees, agents and representatives of these sub-
Contractors of any tier; and any other person or entity acting under the
direction or control of, or on behalf of, Contractor or any Contractor's sub-
Contractors of any tier in connection with or incident to the performance of
the Work or this Agreement.
4.3 The "Work" means all of the duties listed in Exhibit A and the performance of
all other obligations, under this Agreement by Contractor or its Support.
5. Accounting and Payment for Contractor Services:
·Payment to the Contractor for services rendered under this Agreement shall be as set
forth in Exhibit "B". Where Exhibit "B" requires payments by the County, payment shall be
based upon billings, supported unless otherwise provided in Exhibit "B", by documentation
of units of work actually performed and amounts earned, including where appropriate, the
actual number of days worked each month, total number of hours for the month, and the
total dollar payment requested . Unless specifically stated in Exhibit "B" or approved in
writing in advance by the Kittitas County Board of Commissioners, the County will not
reimburse the Contractor for any costs or expenses incurred by the Contractor in
performance of this Agreement.
Where required, the County shall, upon receipt of appropriate documentation, compensate
the Contractor, no more often than monthly, through the County voucher system, for the
Contractor's service pursuant to the fee schedule set forth in Exhibit "B".
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6 . Ass ignme nt a nd Sub co ntractin g:
No portion of this Agreement may be assigned or subcontracted to any other individual ,
firm or entity without the express and prior written approval of the County.
7. Indepe ndent Contractor :
The Contractor's services shall be furnished by the Contractor as an independent
Contractor and nothing herein contained shall be construed to create a relationship of
employer-employee or master-servant, but all payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as
an independent Contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified
in Exhibit "B" and the Contractor is not entitled to any County benefits including , but not
limited to : vacation pay, holiday pay , sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to Kittitas County employees.
Contractor will defend, indemnify and hold harmless the County, its Additional Insureds,
officers , agents or employees from any loss or expense, including but not limited to
settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or
demands because of breach of the provisions of this paragraph.
8. No Guara ntee of Emp loyment:
The performance of all or part of this Agreement by the Contractor shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any
employment of the Contractor or any employee of the Contractor or any sub-Contractor or
any employee of any sub-Contractor by the County at the present time or in the future.
9 . Taxes :
The Contractor understands and acknowledges that the County will not withhold Federal
or State income taxes. Where required by State or Federal law, the Contractor authorizes
the County to make withholding for any taxes other than income taxes (i.e. Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service
at the end of the calendar year in accordance with the applicable IRS regulations . It is the
responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the
Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify
the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired
hereunder as required by law. The Contractor must pay all other taxes including , but not
limited to: Business and Occupation Tax , taxes based on the Contractor 's gross or net
Professional Services Agreement (rev. 09/24/2018)
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income, or personal property to which the County does not hold title. The County is
exempt from Federal Excise Tax.
10 . Regula tion s a nd Req uirement:
This Agreement shall be subject to all laws, rules and regulations of the United States of
America, and State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
11. Ri ght to Re vi ew:
This contract is subject to review by any Federal or State auditor. The County or its
designee shall have the right to review and monitor the financial and service components
of this program by whatever means are deemed expedient by the County . Such review
may occur with or without notice, and may include, but is not limited to, on-site inspection
by County agents or employees, inspection of all records or other materials which the
County deems pertinent to the Agreement and its performance, and any and all
communications with or evaluation by service recipients under this Agreement. The
Contractor shall preserve and maintain all financial records and records relating to the
performance of work under this Agreement for 6 years after contract termination, and shall
make them available for such review, within Kittitas County, State of Washington, upon
request.
12. Modifications :
12.1 Either party may request changes in the Agreement. Any and all agreed
modifications shall be in writing, signed by each of the parties.
12.2 The County may, at any time, by written notice thereof to Contractor
("Change Notice") makes changes in the Work within the general scope of
this Agreement, including, but not limited to : (a) changes in, revisions to,
substitutions for, additions to or deletions of any Work; (b) changes in
schedule; and (c) acceleration, deceleration or suspension of performance
of any Work.
12.3 If any change in the Work causes an increase or decrease on Contractor's
cost of, or the time required for, performance of the Work, an equitable
adjustment in the compensation to Contractor and in the schedule for the
performance of the Work shall be made to reflect such an increase or
decrease .
12.4 Notwithstanding any dispute or delay in arriving at a mutually acceptable
equitable adjustment, Contractor shall proceed in accordance with all
Change Notices. Contractor must, within thirty (30) days after receipt of any
Change Notice that does not set forth any acceptable adjustment, submit to
the County a written statement setting forth any adjustment claimed.
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12.5 If any change results in a decrease in the Work performed, Contractor shall
be entitled to compensation associated with changing the Work, such as
revising design already completed, revising calculations already performed,
and revising documents.
13. Terminati on for Defau lt:
If the Contractor defaults by failing to perform any of the obligations of the Agreement or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency
or makes an assignment for the benefit of creditors, the County may , by depositing written
notice to the Contractor in the U.S. mail, postage prepaid, terminate the Agreement, and at
the County's option, obtain performance of the work elsewhere. If the Agreement is
terminated for default, the Contractor shall not be entitled to receive any further payments
under the Agreement until all work called for has been fully performed. Any extra cost or
damage to the County resulting from such default(s) shall be deducted from any money
due or coming due to the Contractor. The Contractor shall bear any extra expenses
incurred by the County in completing the work, and all damage sustained, or which may be
sustained by the County by reason of such default.
If a notice of termination for default has been issued and it is later determined for any
reason that the Contractor was not in default, the rights and obligations of the parties shall
be the same as if the notice of termination had been issued pursuant to the Termination for
Public Convenience paragraph hereof.
14. Termination for Pub lic Conve nie nce :
The County may terminate the Agreement in whole or in part whenever the County
determines, in its sole discretion that such termination is in the best interests of the
County . Whenever the Agreement is terminated in accordance with this paragraph, the
Contractor shall be entitled to payment for actual work performed at unit contract prices for
completed items of work. In the event of such termination, an equitable adjustment shall
be made in the compensation payable to Contractor.
An equitable adjustment in the contract price for partially completed items of work will be
made, but such adjustment shall not include provision for loss of anticipated profit on
deleted or uncompleted work. Termination of this Agreement by the County at any time
during the term , whether for default or convenience, shall not constitute a breach of
contract by the County.
15. Defense & Indemnity Agreeme nt:
The Contractor agrees to and shall defend, indemnify and hold harmless the County, its
Additional Insureds, appointed and elective officers, agents and employees, from and
against all loss or expense, including but not limited to judgments, settlements, attorney's
fees and costs by reason of any and all claims and demands upon the County, its
Additional Insureds, its elected or appointed officials, agents, or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom,
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sustained by any person or persons and on account of damage to property including loss
of use thereof, whether such injury to persons or damage to property is due to the
negligence of the Contractor, its sub-Contractors, its elected officers, employees or their
agents, except only such injury or damage as shall have been occasioned by the sole
negligence of the County, its Additional Insureds, appointed or elected officials, agents, or
employees . It is further provided that no liability shall attach to the County by reason of
entering into this contract, except as expressly provided herein.
16. Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its
Additional Insureds, officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act,
for injuries to its employees and agrees that the obligations to indemnify, defend and hold
harmless provided in this agreement extend to any claim brought by or on behalf of any
employee of the Contractor . This waiver is mutually negotiated by the parties to this
Agreement.
17. Vehue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of
any of the terms of this Agreement, the venue of such action of litigation shall be in the
Superior Court of the State of Washington in and for the County of Kittitas . This
Agreement shall be governed by the law of the State of Washington.
18. Withholding Payment:
In the event the Contractor has failed to perform any obligation to be performed by the
Contractor under this Agreement within the time set forth in this Agreement , then the
County may, upon written notice, withhold all monies due and payable to Contractor,
without penalty, until such failure to perform is cured or otherwise adjudicated.
19 . Future Non -Allocation of Funds:
If sufficient funds are not appropriated or allocated for payment under this Agreement for
any future fiscal period , the County will not be obligated to make payments for services or
amounts incurred after the end of the current fiscal period. No penalty or expense shall
accrue to the County in the event this provision applies .
20. Contractor Commitments. Warranties and Representations:
The Contractor represents and warrants to the County as follows:
20.1 The Contractor is duly incorporated, validly existing and in good standing
under the laws of the State of Washington, and has all requisite corporate
power and authority to enter into and to perform its obligations under this
Agreement.
20.2 The Contractor has the authority to execute this Agreement, to make the
representations and warranties set forth in it and to perform the
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obligations of the Contractor under this Agreement in accordance with its
terms .
20.3 This Agreement has been validly executed by an authorized
representative of the Contractor and constitutes a valid and legally
binding and enforceable obligation of Contractor.
20.4 The Contractor has or will obtain prior to the commencement date such
licenses, permits and other authorizations from federal, state and other
governmental authorities, as are necessary for the performance of its
obligations under this Agreement.
20.5 The Contractor is not in violation of any applicable law, ordinance or
regulation the consequence of which will or may materially affect
Contractor's ability to perform its obligations under this Agreement. The
Contractor is not subject to any order or judgment of any court, tribunal or
governmental agency which materially and adversely affects its
operations or assets in the State of Washington, or its ability to perform
its obligations under this Agreement.
20.6 None of the representations or warranties in this Agreement, and none of
the documents, statements, certificates or schedules furnished or to be
furnished by Contractor pursuant hereto or in connection with the
performance of the obligations contemplated under this Agreement,
contains or will contain any untrue statement of a material fact or omits or
will omit to state a material fact necessary to make the statements of fact
contained therein not misleading.
21. Patent/Copyright Infringemen t:
Contractor will defend and indemnify the County from any claimed action, cause or
demand brought against the County; to the extent such action is based on the claim that
information supplied by the Contractor infringes any patent or copyright. The Contractor
will pay those costs and damages attributable to any such claims that are finally awarded
against the County in any action. Such defense and payments are conditioned upon the
following:
21.1'· Contractor shall be notified promptly in writing by County of any notice of
such claim.
21.2 Contractor shall have the right, hereunder, at its option and expense, to
obtain for the County the right to continue using the information, in the event
such claim of infringement is made, provided no reduction in performance or
loss results to the County.
22 . Disputes :
22'.1 General
Differences between the Contractor and the County, arising under and by
virtue of the Agreement Documents shall be brought to the attention of the
County at the earliest possible time in order that such matters may be settled
or other appropriate action promptly taken. Except for such objections as are
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made of record in the manner hereinafter specified and within the time limits
stated, the records, orders , instructions, and decisions of the Kittitas County
Commissioners shall be final and conclusive.
22.2 Notice of Potential Claims
The Contractor shall not be entitled to additional compensation which
otherwise may be payable, or to extension of time for (1) any act or failure to
act by the County, or (2) the happening of any event or occurrence, unless
the Contractor has given the County a written Notice of Potential Claim
within ten (10) days of the commencement of the act, failure, or event giving
rise to the claim, and before final payment by the County. The written Notice
of Potential Claim shall set forth the reasons for which the Contractor
believes additional compensation or extension of time is due, the nature of
the cost involved, and insofar as possible, the amount of the potential claim.
Contractor shall keep full and complete daily records of the work performed,
labor and material used, and all costs and additional time claimed to be
additional.
22.3. Detailed Claim
The Contractor shall not be entitled to claim any such additional
compensation, or extension of time , unless within thirty (30) days of the
completion of the portion of the work from which the claim arose, and before
final payment by the County, the Contractor has given the County a detailed
written statement of each element of cost or other compensation requested
and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or extension of time claimed to be due.
23 . Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by the Contractor
and/or its consultants or sub-Contractors, in connection with performance of this
Agreement shall be the sole and absolute property of the County.
24. Confidentiality:
The Contractor, its employees, sub-Contractors, and their employees shall maintain the
confidentiality of all information provided by the County or acquired by the Contractor in
performance of this Agreement, except upon the prior written consent of. the Kittitas
County Prosecuting Attorney or an order entered by a court after having acquir~d
jurisdiction over the County, Contractor shall immediately give to the County notice of any
judicial proceedings seeking disclosu re of such information. Contractor shall indemnify
and hold harmless the County, its Additional Insureds, officials, agents or employees from
all loss or expense, including, but not limited to settlements, judgments , setoffs, attorneys'
fees and costs resulting from Contractor's breach of this provision.
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To the extent that any information obtained by the Contractor is required to be shared with
or provided to others by the terms of the Statement of the Work , this provision is not
breached by such acts .
25. Notice:
Except as set forth elsewhere in the Agreement, for all purposes under this Agreement,
except service of process, notice shall be given by the Contractor to the department head
of t he department fo r whom services are renderecl , and to the Kittitas County
Commiss ioners , 205 W s•h Ave , Suite 108 , Ellensburg , WA 98926 . Nntice to the
Contractor for all purposes under this Agreement shall be given to the address reflected on
the signature page. Notice may be given by delivery or by depositing in the U.S. Mail, first
class, postage prepaid.
26. Severability:
If any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
27. Miscellaneous:
27.1 The County's failure or delay to insist upon strict performance of any of the
provisions of this Agreement or to exercise any rights or remedies under this
Agreement shall not be construed as a waiver or relinquishment to any
extent of its right to assert or rely upon any such provisions, rights or
remedies in that or any other instance; rather the same shall be and remain
in full force and effect.
27.2 This Agreement embodies the entire Agreement between the County and
Contractor, and supersedes any and all prior agreements, regarding the
Work. No change, amendment or modification of any provisions of this
Agreement shall be valid unless set forth in a written instrument signed by
the party to be bound thereby.
27.3 The rights and remedies of the County set forth in any provision of this
Agreement are in addition to and do not in any way limit any other rights of
remedies afforded to the County by any other provisions of this Agreement,
by any of Contractor's Support or by law.
27.4 The headings of sections and paragraphs of this Agreement are for
convenience of reference only and are not intended to restrict, affect or be
of any weight in the interpretation or construction of the provisions of such
sections or paragraphs.
28. Waiver:
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any
prior or subsequent breach. No terms or conditions of this Agreement shall be held to be
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waived, modified or deleted except by an instrument, in writing, signed by the parties
hereto.
29 . Survival:
The provisions of paragraphs 7, 9, 11, 13, 14, 15, 16, 17, 18 , 19, 20, 21, 22, 23, 24, 28,
30, 31, and 32 shall survive, notwithstanding the termination or invalidity of this Agreement
for any reason.
30 . Nondiscrimination :
30.1 The County is an equal opportunity employer.
30.2 No ndiscrimination in Employment
In the performance of this Agreement, the Contractor will not
discriminate against any employee or applicant for employment on the
grounds of race, creed, color, national origin, sex, sexual orientation,
marital status, age or the presence of any sensory, mental or
physical handicap; provided that the prohibition against discrimination
in employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker
involved. The Contractor shall ensure that applicants are employed,
and that employees are treated during employment without
discrimination because of their race, creed, color, national origin, sex,
sexual orientation, marital status, age or the presence of any sensory,
mental or physical handicap. Such action shall include, but not be
limited to : employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and programs for training including
apprenticeships. The Contractor shall take such action with respect to
this Agreement as may be required to ensure full compliance with
local, state and federal laws prohibiting discrimination in employment.
30 .3 Nondiscrimi nation in Services
The Contractor will not discriminate against any recipient of any services
or benefits provided for in this Agreement on the grounds of race,
creed, color , national origin, sex , sexual orientation, marital status, age or
the presence of any sensory, mental or physical handicap .
30.4 If any assignment and/or subcontracting has been authorized by the
County, said assignment or subcontract shall include appropriate
safeguards against discrimination . The Contractor shall take such
action as may be required to ensure full compliance with the
provisions in the immediately preceding paragraphs herein.
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31 . Prevailing Wag e :
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the W o rk in accordance with RCW 39.12
and the rules and regulations of the Department of Labor and Industries. The schedule
of prevailing wages rates for the locality or localities of the Work is determined by the
Industrial Statistician of the Department of Labor and Industries. It is the Contractor's
responsibility to verify the applicable prevailing wage rate. It is understood that the
Contractor is responsible for obtaining and completing all required government forms
and submitting same to the proper authorities.
Disputes regarding prevailing wage rates shall be referred for arbitration to the Director
of the Department of Labor and Industries . The arbitration decision shall be final and
conclusive and binding on all parties involved in the dispute as provided for by RCW
39 .12 .060.
32. Debarment Certification:
The Contractor certifies that it:
32.1 Is not presently debarred, suspended , proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any Federal
department or agency.
32.2 Has not within a three-year period preceding the execution of this contract
with Kittitas County, been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, receiving
stolen property, making false claims, or obstruction of justice.
32.3 Is not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of
the offenses enumerated in paragraph 32.2 of this section .
32.4 Has not within a three-year period preceding the preceding the execution
of this contract with Kittitas County had one or more public transactions
(Federal, State, or local) terminated for cause of default.
Professiona l Serv ices Agreement (rev . 09/24/2018)
Page 12 of 28
EXHIBIT "A"
SCOPE OF WORK
The period of performance and completion of work for this contract is 3 April to 1 June,
2019. Attachments: site map, WDOE application letter, septage application plan (with
highlight for emphasis), and contractors ' proposal , all of which are incorporated herein by
this reference.
In addition to providing all material and labor, the Contractor shall perform the following:
-Contractor is responsible for all equipment, lime, ppe, and personnel to implement the
activity . Labor quoted at WA prevailing wages. Kittitas County will provide access to the
site, and containment/handling of any solids recovered or produced by the operation;
-Each of two lagoons have a capacity of 500 ,000 gal. and KCSW is anticipating between
600,000 and 800,000 total at pump out;
-There is no potable or non-potable water available at the Ryegrass facility as the lagoons
are operated on zero effluent , and the landfill is dry goods only. Any water that is required
for this operation must be provided by by contractor ;
-There is not a source of electricity at the lagoons. Power is only available at the scale
office and maintenance shop. Any electricity that is required for this operation at the
lagoons must be provided by contractor ;
-Complete the DIRECT pump and application as soon as allowed by field conditions. Our
permit imposes a condition that the ground cannot be frozen and it cannot be so wet as to
get vehicles stuck in mud . The site typically dries out very quickly due to evaporation by
wind. Contractor must accommodate startup with approximately one week's notice
consistent with the earliest date in the term of the work of 3 April 2019.;
-It is a permit requirement that the contractor records the following for each for each
septage load: the date, time, ph, and volume;
-Septage application to the fields must include a dispersal mechanism (e .g., splash plate
or horizontal boom) that spreads the slurry over the ground for continuous coverage.
-The contractor will not drive or move any heavy equipment (i.e., pump trailer) on the
lagoon liners. Contractor shall use secondary pumps, tank management and effort as
needed to slurry the lagoons and septage product to the extent possible given our
restrictions .
-All offloading the material after stabi lization is within 1 mi. of the lagoon.
Professional Services Agreement (rev . 09/24/2018)
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-The main restriction for the operation is the number of gallons per acre per year as
required by the WDOE letter attached hereto and incorporated by this reference, and we
only apply once per year. Using the provided acreage estimates and agronomic rates, the
Contractor will determine the total allowable application limit for each of fields A, C and D
as shown on the map attached hereto as the following page and incorporated by
reference.
-Contractor will adhere to all terms of DOE permit, letter, and site specific application plan,
all of which are included in this document and incorporated by this reference, including the
addition of 50 lbs hydrated lime to each 1,000 gal of septage, and the slurry to have a ph
of 12 for 0 .5 hr prior to field application .
Professional Serv ices Agreement (rev. 09/24/2018)
Page 14 of 28
Ryegrass Application Fields
1 inch = 1,083 feet
Professional Services Agreement (rev. 09/24/2018)
Page 15 of 28
STI\H OF WASHINGTON
DEPARTMENT OF ECOLOGY
I i .rn W Altlt•r SI • l/11iv11 G,111, WA 'Jll'ln.1-llrlll'J • (S//9) STS-:M!JU
Aug us t 30, 2018
Patti Johnson
Killitos County Solid Waste
925 Industrial Way
Ellensburg WA 98926-2886
Deur Ms . Jolmson :
1'his lcllur i1: in rcs ponsc to your re ques t to cvnl unte th c ngro numio rntc Ii Ficltls // A (5 n ros ),
C (22 ooros) oncl O ·(l 2 ot.rc11). Per yo urcmuU eluted Thursday, Au gu~t JO , 2018. you plnnli.lO
grow w111tc rwhc.11t (wit h nut ivc vcgctn tim1) In th e lnll nf201 8.
BasecJ on soil somplc tes t result s doted August 3, 2018 , and the nitrogen need ofwinle1· whea t
(95 lbs N/oere/yeur) with n targeted grain yield of35 bushels/acre (WSU Extension Publication
No# EB I 987E), I have evaluutcd ond approved the following ngronomic rates :
• Field A: 29,231 gnllons per ncrc per ycnr.
• Field C: 26,154 gnllons 11cr nct ·o pct· ycnr,
• Field D: 15,923 g111lons 11c1· ncrc per ycnr.
l'l cnsc trnck nnd l{l ll y gnJ1011s you lnnd opply cnd 1 (imc to en sure I hut septngc land ppl ii;.11lu11
slmll not oxc:cc d l •IG,155, ~75 ,3811, and l'>I 076 g11ll 011 ,, fo r fkld A, C 111itl I), rc~11 cc llv ely.
In addition, you sholl need to opply scptnge lo tho fields evenly.
A~ n provious emai l ofminc m11ntioncd, the mb~I ,econ t ~oil IC9 t t'el:111 1~ show 11t111 orgnnic mntter
con tent WI\$ un unbl y high for th ro(cro nct:tl fidtls (ro ngintt fro m 2.6% -11 %).
Co 11scqucntl y, I used. the so il or!"l;l11ic mn ncr tc~t n:~ul t~ of2017 (I , 1% -1 .57,%, l\ tyJiicnl rnnge or
$O ll orgnnic m11t1 c1· c(l nt cmi or 1hc :ii tc.s) to av11 1LultC th e ngr on omic mtcs .
Sincerely ,
• I I
Cnnming Xiao
Regional Organics Spec ialist nnd Grant Monogcr
Professiona l Services Agreement (rev . 09/24/2018)
Page 16 of 28
0
Waste 2 Resource Program
Central ltcgional Office
Enclosures:
(1) Soil Test Results
(2) Scptngc Approval Rate Worksheet
(J) Your email dated August JO, 2018
( 4) Lond opplicotion site mnp
CC: Tri~!cn Lamb, Kit!itas County Public Hcnllh
Professional Services Agreement (rev . 09/24/2018)
Page 17 of 28
GENERAL DESCRIPTION
SITE-SPECIFIC LAND APPLICATION PLAN
RYEGRASS SEPTAGE MANAGEMENT FACILITY
KITTITAS COUNTY SOLID WASTE PROGRAMS
'I11e 1n1rpose <lf' this site specific land application plan is l<l address the requirements dclincd in \\'.-\C 17.1-.~08-
:I 10(6) i'or the land applicaliun of'lh.: so:plagc solids and scplagc liquids colki.:lcd in Killitas Count~ 's Scptage
Evapo1•ation Ponds (SEP) loc·atcd al the R~·cgrass L:mdlill.
SEPTAGE QUALITY
·111e Ki11itas C:011111~· SEP Opcra1ing Plan (SEP Plan. January 1')95) rc,1uiro:s lhal lhe material cntcring lhc ponds
he 11011-lrnza1dous .'11011-d,mgcn,us liquid ,,·ash:Wah:rs or slmlgo:. ·111.: mah:rial must he solid ,,aslcs that arc
liquid or shulgcs ,·onlaining l'rce liquids as d.:line<l in \V,\C I 7J-.150-IOO and applio:ahle under W,\C 17.1-.150-
015 ( 11) (olher than liquid "asles "hose disdiargc or poh::nlial disd1,1rgc is r,·gul,110:d under li:daal. slate or
Inc.ii water pollution permits). Sump and wash pad sludges rcquir.: laborntorv 1.:s1ing hv the haul.:r igen.:rnlor
prior In 1-:illitas Cnunt, Solid \Vaslc's acccplancc of'lhe s,•ptage No hazanlous waste is accepted Toilet waslc
eonstituks less than 25 pcn:cnl by volume ol'lh..: seplagc acceptcd at th.: ponds. L.1bo1alo1y t.:sl results will be
submilled lo Killitas Count y Solid \Vasle and remain "valid for disposal" ror a p.:riod or llm:.: ~·cars. al which
lime additio1rnl tests may bc required. Repor1s of all liquid wastes entering the SEP 11111st he suhmilled to
Kiltit,L~ Count~· I lealth lkpartment on a 111onthly IHL~is .
SITE LOCATION AND CHARACTERISTICS
·111e septage application sites arc lo.:at.:d on 640 acres al lhc Ry.:grass 1.andlill site. whi.:h includes a closed 25-
acr.: landlill and operating J .imit.:d Puq1ose I .a ndlill. The sites an: lt1.:a1ed in Scdi,,n I Ci, 'fownship 17. Range
21. in the \'icinity of Hyc grnss . ,1p111·oxinrnt.:ly If! miks .::1st of Elknshurg lo the so uth of State Rout.: 10 (old
Vantage llighwa~·). 'I11c sites arc in 1-:illitas Cnunt y Waler Resource lnvcntorv .·\rca No . .19 ,Uld arc owned
cnlird~ by the County. lkl-.:r lo Figur..: I for lhc proje..:I nwp showing the sp.:.:ili.: appli.:alinn sit.:s mill means
of a.:.:c8s to the fodlit y. ·111e SEP arc located as shown in l'igurl.! I and con8ists or two ponds.
·111.: dcsignal.:d s.:ptage apphcation sites ha1·..: a rolling terrain that generall~· slopes l'rmn ahoul J per.:cnt lo
ahlllll IO pcr.:.:111. 'Ilic dim at.:-is arid: rainfall is less limn 8 inches per year. '111.: dinwk is d1ara.:kri1 . .:d hy dr~•-
.:old wint.:1, and dry. hol su111111.:rs. Ground water is located sewral hundred foci below the site snrfa.:c: there is
no a.:ti,·e surl,1.:e waler. Stllnnwater runoll: ii' any. Wllllld llllw nalllrally towards the r,l\'ines. The soil is
primaril~ a .:ohbly lmun o\'er C1Jh1111bia RiYer hasalt 'Ilic soil is limited hy ils shallow depth (5 lo 20 i11ch.:s
d.:.:p) and 1,ater holding 1.·apaci11· (0.5 to 2 i11d1..:s). S.:e Figur.: 2 for th..: Soil C'onsen·ation S.:rvk.: site 111.tp.
·111.: sil..:s ar..: li111itcd b~· th.: rel:uiwh· s1.:..:p slop.:s. and shallow so il depth aml wa1..:r holding .:.ipm:it~·. ·me sle.:p
sl,>pe ;ind shallow wat.:r holding .:apa.:ity limit th.: silc h.:.::111se th.:~· i11.:r.:ase th.: risk o!' runoff and kad1ing.
·111e shall,m· <kpth or soil limits the sit<! by limiting the .:rop Yit!lds . ·111.: slop.: limitation will h.: owrcome by
only apph-i11g scptagc lo areas thal ar.: slopt:ll al kss lha11 IO pcrc·.:111. 111 addition. a I OO-lc1ot hull'.:r will h.: s.:t
,11ol1ml th,· propi:1t~· site and hc11,ee11 the land applkalion m1d ;111y ..:phemeral stream cha11nels. \\dis llr springs.
·111.: buffer will abll hdp i:ounl..:1' lh.: im:r..::1sed ri~k ol' runoff :ind li:a..:hing du.: lo th.: ~hallow wut..:r holdini;
capacity ·111, spei:ili.: appli.:alinn silcs that hav.: b.:en id.:nlili.:d have sullicienl soil to sustain \'.:gctalion Alsn.
th.: addition ol' si:plagi: solid~ \\'ill add hulk to th, soil and ini:re,L~..: its d..:plh. '.':o :ippli.::nion will be allowed on
ar.:as where lhc s.>il has h.:.:11 scrap.:d off for us.: in the lanr.Jlill.
Professional Services Agreement (rev. 09/24/2018)
Page 18 of 28
SITE-SPECIFIC LAND APPLICATION PLAN
ll'thc County wants to add additio,rnl ar.:as for l.111d applicirtion. they will contm:t the Ocpartmcnt of E..:ology lo
disctL~s the new proposed lo.:ations. Ecology may require the County to amend this plan to reflect the new
application sites.
ON-SITE SEPTAGE STORAGE
Please rc:l(r to th.: SEP l'lan for th.: slor.rgc: 111:111.rgemc:nl pr:11.:tices ol'thc on-site: s.:plage storage:. "Ilic: pumls will
he operated in tandem. One pond will he used until it becomes compll.ltely full. At that time, the liquids lrom
th.:: tirll pond will he allowed 10 evaporate; as nec.:ssary, supemntc will he pump.:d to lhc lcadrnte llVaporntion
pond to in.:re,1.~c the surfm:e area for evaporation.
Upon receipt of septage at the site, the sept age is prdreirtcd to remove foreign obj.:ds such ,1.~ glirss , plastic,
.:lothing or diapers hy rcquiring thc haulers to discharge seplage through u hnr scr.:cn prior lo entcring thc ponds.
NATIVE VEGETATION
\\'hcat. nutiw grnsses amt sagehnish eurrcnlly grow nl the upplicalion site. The nnlivc gm~scs in.:ludc the
following:
Sandberg Bluegrass
Stiff Sagdm,sh
Th~111e Eriogomnn
Narrow le al" (ioldcnwecd
l:lottkbnrsh Squirrcltnil
lfod: l•:riogonum
Hookcr Bnlsamrool
APPLICATION RATES
LIQUID SEPTACE
niscuitrool
Blucbunch \Vhcirtgrass
l)csllrt Sllllirrcltail
Willowwccd
llood Phlox
I AlW lkahnnc
nascd on the pnic.-:durcs <klincd in W,\C I 7.l-108 and /Jio.wltd.~ ,\fonage111e111 ( i11iJe/ine.1· (DOF.. Jul~· 2000). the
application ralc for scplag.:-at the site is 10 he clch:nninecl from the following s1a11dard fonnula:
(I) :\:\R ~ N /0.0026
where A.-\R is the annual .,pplication rate in gnllons per am: per 365 duys nnd N is the amount of nitrogen
nccdcd by tire crop in pounds per m:r,; per 165 dnys. Prior lo applknlion, soil snmpling will bc cond11clcd lo
detenninc the nitrogen content of the soil.
F.m1r! lh•fon•nna "'uurce not fnuntl
Professional Services Agreement (rev. 09/24/2018)
Page 19 of 28
ll;llldll R. W. Beck 2
SEPTAGE SOLIDS
When seplage solids :ire land applied. the st:indard fonnula (I) typic.illy lL~cd lo dden11inc the agronomil.' rate
will be mncnded lo account for th.: high.:r conccntrntion ot" solids nnd allow proper mrutagcmcnt or the material
in tons or cubic yards. ·111is fonnula will he amended as follows :
• Allowed pounds of solids p.:r acn: pcr year~ 0 .02 * 68. 7 +-7.48 • Allow~d mnnbcr of gallons per acre p.:r
yc:ar
• Allowed Ions of solids pl!r acr.: per y.:ar · :\II owed pounds per acrc pcr year s 2000
• :\llowc<l cuhic )'artl~ of solids per acr,: per year •· t\llowed pound~ per ai.:re per )'Car , 61<.7 : 27
• Allowed ,1·..:t Ions per a.:re per year~ Alhmcd dry Ions uf solids per a.:re per year : "o solids (as a d.:..:imal)
·111.: ilhov.: fonnulas arc ha.~ed on the following ilssumplions•known values:
• Pounds per cubic foot of dri.:d solids 68. 7 (b:1s,-d on an assumption or I . I grams per .:ubic centimeter)
• Ass11111cd •• soli<L~ or inlluenl 2°0 (or 0.02)
• Gallons per cuhic fool ·· 7A8
• Cuhi.: li:ct per cuhi,· yard '" 27
• Pounds p.:r ton = 2.000
Ui\'en that the malcrial will be gencrnll)' di')·. no distinction is made b.:lwecn w.:t and dry cubic yards (i.e . the
,·olumc would 1101 hc signili.:antly dilli:rcnl iflhc mulerinl were to he completely dried).
APPLICATION PROCEDURES
APPLICATION OF LIQUID SEPTAGE
'Jh: lilJuid scplage will he upplicd lo th.: lm1d using spray trucks or iiticcted into the soil. 171e lilJUid scplagc
would not be injected in the pasture ar.:as cover.:d with sagebrush. but it may he injected in the aren~ covered by
wheat. IA1nd applying the liquid scptag.: without tillage would allow the existing wgewtion 10 he maintained.
'f11is would hdp prevcnt erosion prohlems that muy arise hy dislllrhing lhc snit or the e:,.;isling vegetation .
'Ilic li<111id septage tlrnl is hmd applied using sprn\' trud, will be lime stahilizcd to r.:duc e pathogens nml w,"lor
ntlrnction. Filly pounds o l'hy drnt e d lime will he added In each 1.000 gallons of scptagc . Ao auxiliary vacuum
lin e will he w".:d lo pump the d ry lim e i111n the Ian!-1rud, as lhc septage i. pumped inln lhc 11111k. and unifonnl~·
mix the nrnlcrials in the tank. ·m e hmd .ipplication contrnclor will he required lo monitor th e lime sl:1hili1.11lio11
process h) c nsun: the pl! is 12 or greater for .,o minute~ nl1er the applil:ntinn ,,r thc lime. Trcntmcnl is not
nccc~sa ry. accnrding h> \\',\C I 71-]011 -270('.l)(h . ii' lhe-scptuge is in,icctc,I hccausc li,-.:stock will lll)I he alluw.:d
to g raz,• for JO da~·s. th,· gcn.:rnl puhl ic is m>t all1l\\cd a.:ccss lo the sit.! and I egctation growi n g 1111 !he site will
not be harv.:st.:d.
APPLICATION OF SOLIDS
·111er.: nr1.1 two options li)r land application ofth.:: septag.:: solids. ·111.::sc options include:
• Option,\: tl·lixing th~ sc:plagc solids with soil to b.: lL~.:d as part or the linal cover system for the limited
purpose landlill.
• Option B: Land applying the s..:plage solids lo specilic sites idc ntili.:d in lhi~ plan.
t:n"Urf l(rfrl'l!ll(l' .IUUl'(t" nul founJ.
Professional Services Agreement (rev. 09/24/2018)
Page 20 of 28
11 ,~""" R. W. Beck 3
SITE-SPECIFIC LAND APPLI CAT ION PLAN
S,:ptagc so lids will be applied using a 111 ,11111n: spn:adcr. To calibrate the application v.:hick. th.: land application
contrm:tor will utilize the following : .. Spn:adcr Calibration \Vorkshcct for Oiosolids Appli.:ation Version 1.0.
II.lard,. 1999 . authored by Dan Sulli,·an. Exhmsion Soil Schmtist. Ort?gon Stall! University"". Please see
.-\ttach1110:nt fi I. whid1 .::ontains an 11nc11111pkt.:d cnlihration spr.:adshe.:I.
Note that any when! grown as a rt?sult of land application of scptage solid s shall not be harvested .
Prior lo nppli.alion. soil s ampling will be conducted to d.:t.:nnin.: the nitrogen co111.:111 ofth.: soil. For Option s I
and 2. dch:nninc the agro110111i c rate lo appl~ lhc septage solids . Thc agronomic rnlc depends on the crop
nitrogen rc11uiremcnls . the nilrogcn available in thc soil :md regulatory li111ils for trncc ckm~nl application .
To 111eet th.: pathogen and vector attraction reduct ion rel111in:111enls in WAC 173-308-270(3) and (4). on e or thc
following <1plions will he ntiliz.:d.
I . S.:pt;1gc solids will bc in..:orporat.:d into th.: land application site soils within 6 hours following application .
'[lh: land application contr:1..tor will incorporate the material us ing a di sc or other approprint.: impkmcnl to
allow ndeqnatc incorporati on.
2. Lim.: will be mix.:d with the scptag.: solids to rai se th.: pl! to al !.:.1st 12. and a pll of nt lea s t 12 will be
111nintaincd for at least 30 minutes prior lo applicmion. Surfoc.: applicntion will he used without subscl1uc111
in.:orporntion.
·n,c land application contr,1ctor shall also b.: rc,1uir.:d to monitor th.: lime stabilization process to ensure the pll
is I 2 or gr.:atcr for 2 h1)11r.; and I I .5 or grcat.:r al\.:r nn nddil ional 22 hours atkr th.: application of the lime. 1\o
scptag.: solids will be allow.:d to remain on the surfo..:<! I hour al\.:r application. livestock shall not h.: allowed to
graze for JO days. th.: general public is not allowed aec.:ss lo the site and wgetation growing on the site will not
h.: harvested.
LAND APPLICATION EQUIPMENT
111c scplui,:.: solids and li11uids will he pumped 0111 nfthe SEP. or if d.:wakr.:d. removcd using a hnd,hn.: or
front-end louder.
·n,c appli cati on c,1uip111 c111 ma~· vary. hut will co nsist ol' equipment ahk to uppl y th c scptagc unilimnly 1111d he
~uitahle fo r th c tc rr nin . and crops. It is antii.:ipalcd that a lanhr spray 1n 1ck with clu ul s pln.~h plal.:s or a 111 111,ur.:
s preader will he \18C d for surlilcc .1ppl icntin11s. Sludge injection equipment wou ld h.: used if'thc sept age w.mi to
he in_jed ed.
l'icld appli c ution~ will he d1cckcd against lhc cnlculnt.:d npplicalinn rntcs hy mc,L~111·i 11g an application arca mid
1l,it,•m1ini11 !_', lhc ,111111 11 it~ :1111i li.iU ·1 h,· 11 •111 .ll 1,111-, flp lj .:,l ar,• c,,111 1 ll'Ct l 1111 h lhc c11k 11l n1c,I "l'I llc ,IIJ•••1 m11e
, \JJ11 . 111 .r111 ~ 1,1 c1p 1i p111 c111 \\'1!1 he 11 1n1t.: to 111.:_.:t lh~ .:oku lo1.:d ,11>plt.:,11 i"n r;III.' :i~ ..-111,d> .L' I ''"illl .: < it1 e11 th.:
l~'fl,: 111" ;ipp h.:a1i1 11 ,mil lh.: 11111111 •, lhc 111111 •1 i I. ,111.:1.11 iJ,11~. lri h • I ff ;111 ,11.,·m 11cy i:u..-,11" plu. 01• 11 1111 11~ 11hi>11I
If-1 c, ..:111 !"hi~ i, .:1•11,1 . 1.:u1 I\ flli I 111d •l1'1'ho.:a1,,,11 ,,t ,uhc, lnd l. f.:11 ilit,r,.
LAND APPLICATION RESTRICTIONS
In order to .:nsure th.: seplagc is appli.:J in a ..:nnsisto.:nt 111,urner and will h.: absorbed into th.: soil. thu s.:ptagc
will 1101 he applied during pcriolls of prolonged rninfoll •. '11011 or froz.:n ground. In addition . the appli.:ation <11'
s.:p lng.: will h.i li m itecl I tho! 11e1 ind h c h 1.:,m ;<.11\rc h I 11 uJ ?-,;,w,rn1l>,•r I. Tj1>i c1tll y.'l11 111.l 11 pp ll l•,11io 11 will 11e.:ur
in lh •:,pii ng, fo ll du rl n , 111,>ll l'I I II llnw t.o t\.,11 r w~"ll k rcri d . If :1l.ldlti1m11 l ~.:-~t i i:; ~m1·11. it wi ll no l h.: -~11w 11 unt il
at least two w.:.:ks al\er th.: application . ·11,c arc a or .:ov.:tng.i wo ul(l d.:p,m il n th .: w11 .:1m ill 11 • o wing, 111 th.:
t'ff'Orl l(o(ol'\'UU ~oun:~ nul fouuJ.
Professiona l Services Agreement (rev . 09/24/2018)
Page 21 of 28
1!,!8.I H It W. fleck 4
appli<:ntion sit.:. U'thc scptng,;: is appli.:d at the agronomi.: rnh;s d.:lined abo\'..:, no ndditionnl nppli..:utions will
be mnde lo that nr..:11 for nl least one y..:ar.
PUBLIC ACCESS AND NOTIFICATION
·111c lm1d application sit.: is enlin:ly fonccd-enclosed. limiting access lo the site. Signs will he post!!d al the
entrance to the site that prohihits th.: g.:n.:ral public from ,;:ntcring th.: property.
Notitication will b.: gi,·cn to the grazing 1.:as.:holders prior to nny land application. No animals will be nllowed
to graze for ]O days aflcr the land application.
RESPONSIBILITIES
·111.: transportation and di:li\'1.1ry ofseptag.: to the SEI' is p.:rfom1.:d hy private haukrs and pumpers as dcscrihed
in the SEP Plan. TI1c private haulers aml ptunpcrs ur1.1 n:spnnsihle for 111..:eting any n:l)uin:mcnts for transporting
and dcliv.:ring th.: scptage to th.: SEP. Kittitas County is n;sponsiblc for the scptagc storag.:, scptugc solids
application. sit.: managcm.:111 and r.:cord keeping. soil incorporation ol'thc s1.1ptage. sampling for .:nvironmcntal
aud public health monitoring, and n:porting to r.:gulatory ag,mci.:s.
ENVIRONMENTAL AND PUBLIC HEALTH MONITORING
Killita~ County will periodi..:nlly monitor th.: site for ..:omplian..:.: with this plan.
Pl.:ase refer to the SEP Plan for an explanation of monitoring of the septnge ,mh:ring the SEP.
l,im.;.i;tj1hi.l v'1<1-tl"11w ·ill-4.....-mttui-\,n"-'tl-t 11Ht1f,.,...lhui-;1h~~H-+e111u[1~111-h! F Iii re--lttf-ltl-t~ttttl-2-he1m1 1111«, if'
th~ !i~J'U•§:!<' 1111li ~l1, 11i!e 11111 iojl1LJ!OO, 115 €IF ~111~, 11lld1 12 ht1 111l! l:tt foFt lmul 1,1111li,n11 i11 11, The Lund AJ >plh:al io n
Co ntrnclor shall he res ponsiblll for monit or ing lh c li mo, sta bilizati on. 'll1 e C'o nt rm:tor shnll supp ly lest re ports to
th e Co unt ~,
t'.nvrl ltdvnrnn i.uur.;ll' nul fou11J,
Professional Services Agreement (rev. 09/24/2018)
Page 22 of 28
1!,!K.IK R. W. Beck 5
Date : 1/31/2019
Name : Bryan Nass
Kittitas County Solid Waste
Household Hazardous Waste
RE: Septage Application Kittitas County
Dear Bryan :
NRC Environmental Services (NRC) is pleased to present the rollowing scope or work and cost
proposal to provide ....
Scope of Work:
NRC will provide all labor, equipment and materials to complete the rollowlng services-
Pump out and chemically stabilize up to 900,000 gallons of septage material with Hydrated Lime,
50Ibs of lime per 1,000 gal of septage . Once the material has met the stabilization parameters
provided by the customer. must maintain a PH of 12 or greater for 30 minutes after treatment. and
land apply the material from two 500,000 gallon ponds all of which is located on one contiguous
property the Kittitas County Rye Grass Landfill located at 25900 Vantage Highway, Ellensburg WA
98926. Document gallons of materials applied to designated areas and PH results of each
load/batch of treated material generated during the process . Provide a report of these activities lo a
Kittitas County designated representative .
Project Costs :
NRC will provide the above-listed services on a unit-rate basis per the supplied USFS Schedule or
Items and as shown below. We are offering two scenarios one a:
One-Direct Application, pumping both the septage and lime into a vacuum tanker verifying
material meets PH parameter then Directly applying it to the designated areas on the Rye Grass
Landfill Site.
Two -Septage Application with Mix Tanks -Pumping the septage out of the ponds Into two
20,000 gallon Frack Tanks where the material will be treated with hydrated lime par the
specification referred above then once the m aJe rle l has met the PH requirement be loaded in to
Vac Tankers to be applied to the designated -areas on the Rye Grass Landfill Sito.
Description Unit
Direct Application Per Gallon
Septaqe Application with Mix Tanks Per Gallon
· EXCHI .I.NCE IN ENVIRONMENTA L AND EMERGENCY SOLUTIONS
NR C • 62 11 N. Ensig n St. • Po rtland, OR 972 17 • 503 -283 -1 l S0
NllC
Professional Services Agreement (rev . 09/24/2018)
Page 23 of 28
Price
S0.153
$0.183
Schedule
Work to be executed when site conditions meet the acceptable conditions to facilitate the land
application of the treated septage. Crews lo work on site 0730 to 1530 Monday through Friday for
an estimated two weeks or until project completion.
Assumptions and Clarlflcatlons:
The following assumptions were used in preparation of the above costing:
• A mutually agreed upon Contract and Payment terms is established prior to any work
performed.
• Not inclusive of any state or local taxes.
• This Proposal based off of an estimated 800,000 gallons of septage, additional material will
constitute a change of scope and require a mutually agreed up terms prior to continued
processing.
• Gallonage data collected for Vacuum tankers and Frack tanks will be formulated utilizing
strapping charts and measuring sticks for recording volumes processed.
• Water will be available as needed.
• All contaminated equipment used will be washed down with water into the septage ponds
prior to leaving the site. All efforts will be made to use minimal water for equipment
decontamination. ·
• This project has been identified a Prevailing Wage Project employee wages are based off
of the current appropriate wage determinations for Kittitas County,
If you have any questions about this proposal or need additional information, you can reach me by
cell phone at 509-316-6701 or via e-mail at i.l!S!latla@nrcc:.CQJll . We look forward to helping you
with this or any other environmental field service needs.
Sincerely,
Shawn Estrada
Pasco Operations Manager
NRG Environmental Services
1f~10 L Jn ines S l
fJ,JSC(l VV A ~930 I
Insert bid number
Prepared for XXX
Date
END of Scope
Phon e ~O!J-J 1 C,.G lO 1
f:: 111811 seslrad.zi i~'.nr cc r::om
Professional Services Agreement (rev. 09/24/2018)
Page 24 of 28
Insert project name
by NRG Environmental Services, Inc
Page 2
EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay
Contractor compensation not to exceed:
$0.153 / gal up to 800,000 gallons using DIRECT application.
Professional Services Agreement (rev. 09/24/2018)
Page 25 of 28
EXHIBIT "C"
PROOF OF INSURANCE
The Contractor shall secure and maintain in effect at all times during performance of the
Work such insurance as will protect Contractor, its Support and the Additional Insureds
from all claims, losses, harm, costs, liabilities , damages and expenses arising out of
personal injury (including death) or property damage that may result from performance
of the work or this Agreement, whether such performance is by Contractor or any of its
Support.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. If an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48 .15 RCW and 284-15 WAC.
The Contractor shall provide proof of insurance for:
[gl Commercial General Uability In sura nce
Coverage limits not less than:
• $5,000,000 per occurrence
•
• $1 ,000,000 products & completed operations aggregate
• $1,000,000 personal and advertising injury, each offense
• Certificate Holder -Kittitas County
• The Certificate must name the County as additional insured
• Sixty (60) days written notice to the County of cancellation of the insurance
policy
D Comme-rcial A u to mobile liab ili ty Ins u rance (if ANY use of vehicle in performance)
Automobile Liability for owned, non-owned, hired, and leased vehicles (MCS 90
endorsement and a CA 9946 endorsement must be attached if 'pollutants' are to be
transported)
• Coverage limits not less than:
o $1,000,000 combined single limit
• Thirty (30) days written notice to the County of cancellation
of the insurance policy.
Additional Coverage May Be Required:
18] W orkers ' Comp e n sation
Professional Services Agreement (rev . 09/24/2018)
Page 26 of 28
Workers ' Compensation in amounts required by law
D Stop Gap/Employers Liabi lity
Coverage limits not less than:
Q $1,000,000 each accident
o $1 ,000,000 disease -policy limit
• $1 ,000 ,000 disease -each employee
a Thirty (30) days written notice to the County of cancellation
of the insurance policy.
D Professional Liability
The Contractor and/or its Subcontractor and/or its consultant providing
professional services shall provide evidence of Professional Liability Insurance
covering professional errors and omissions. Such policy must provide the
following minimum limits:
a $1,000,000 per claim
a $2,000,000 annual aggregate
• If insurance is on a claims-made form, its retroactive date, and that of all
subsequent renewals, shall be no later than the effective date of this
Agreement.
D Pollution Liability
The Contractor shall provide a Pollution Liability policy, providing coverage for
claims involving bodily injury, property damage (including loss of use of tangible
property that has not been physically injured), cleanup costs, remediation,
disposal or other handling of pollutants, including costs and expenses incurred in
the investigation, defense, or settlement of claims arising out of:
o Contractor 's operations related to this project; and/or
o Remediation, abatement, repair, maintenance or other work with lead-based
paint or materials containing asbestos; and/or
o Transportation of hazardous materials away from any site related to this
project
Such Pollution Liability policy shall provide the following minimum coverage:
11. $ per claim
• $ annual aggregate
D Property Damage
The Contractor shall provide a policy that covers damage to Kittitas County
facilities, including buildings, equipment, grounds, etc. Such policy shall provide
the following minimum coverage:
o $ per occurrence
D Umbre lla Coverage
Professional Services Agreement (rev. 09/24/2018)
Page 27 of 28
Umbrella policies shall provide coverage at least as broad as specified for
underlying coverages (CGL, Auto, Employer's Liability) and cover those insured
in the underlying policies, including additional insured.
o Amount required for this Agreement: $
Contractor shall furnish the County a Certificate of Insurance to include the Policy
Endorsements/Exclusions as evidence that policies providing insurance required by this
Agreement are in full force and effect. Contractor hereby waives all rights of recourse,
including any right to which another may be subrogated, against Kittitas County for
personal injury , including death, and property damage. Contractor's insurance policies
required above shall be primary insurance and shall be non-contributing with any
other insurance mainta ined by Kittitas County.
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee-owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers
or contractors as well as to any temporary structures, scaffolding and protective fences.
The Contractor shall have sole responsibility for ensuring the insurance coverage and
limits required are obtained by subcontractors.
NOTE: No contract shall form until and unless a copy of the Certificate of
Insurance with Endorsements/Exclusions, properly completed and in the amount
required, is attached hereto.
Failure of the Contractor to fully comply with the above insurance requirements during
the term of the Agreement shall be considered a material breach of contract and cause
for immediate termination of the Agreement at the County's discretion. Alternatively, the
County may procure and maintain , at the Contractor's sole expense, insurance to the
extent deemed proper up to the amount of the required coverage(s). The County may
offset the cost of such insurance against payment due to the Contractor under this
Agreement.
Professional Services Agreement (rev. 09/24/2018)
Page 28 of 28