HomeMy WebLinkAbout2023-08-08-minutes-solid-waste-and-maintenanceKITTITAS COUNTY
SOLID WASTE AND MAINTENANCE MINUTES
BOCC CONFERENCE ROOM, 205 WEST 5TH ROOM 108 - ELLENSBURG
Regular Meeting
TUESDAY 1 2:00 PM I Angus 8, 2023
Board members present: Chairman Cory Wright, Vice Chairman Brett Wachsmith and
Commissioner Laura Osiadacz
Others: Patti Stacey and Lisa Lawrence
Call to Order at 2:03 p.m.
Citizen Comments (1 min. time limit) None
Request Board Signature on a Professional Service Agreement with Tenelco: Patti informed
the Board that she received one bid for the land application of 554,685 gallons of Septage at
Ryegrass. Discussion was held on the number of gallons to be applied, looking into different
crops to plant and exploring different options including the cost of application being 42 cents per
gallon. Patti told the Board that we are on target to get 2.2 million gallons this year at the 1-
million -gallon facility. Further discussion included considering an interlocal agreement for
disposal at a Treatment Plant, Port-o-Let impact fees associated with construction and permitting
the 21-acre expansion area. Vice Chairman Wachsmith moved to approve Board signature on the
PSA with Tenelco, Commissioner Osiadacz seconded the motion. Motion passed 3-0.
Updates on Ryegrass Facility: Discission was held on an Air Quality permit from the
Department of Ecology. Patti informed the Board that she is working on the closure of the
Limited Purpose Landfill and estimated that there is 2 1/2 years of capacity left. Patti said she
would need to get a permit to close and look at the requirements for closure. The Board directed
staff to bring a resolution to close the facility to the business agenda in September.
Discussion regarding notice from WM regarding a rate increase for 2023-2024: Discussion
was held on the 3.49% CPI price increase received from Waste Management. Patti presented the
Board with a draft rate increase. Discussion was held on cost recovery and setting a public
hearing in September.
Shady Brook Change Order: Patti informed the Board that there will be one more change order
for approximately $34,000.00 to finalize the project.
Other Business - No Action to be taken. Discussion was held on the status of the bowling alley
which included that the parking lot will be seal coated and striped before fair.
2023-08-08 MINUTES
Meeting Concluded at 2:28 p.m.
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
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Lisa Lawrence Cory Wright, Chairman
2023-08-08 MINUTES
SoHd Vfaste and �r�aa ntenanc e
RegWarr Meeting
Tuesday August 8, 2023 o 2:00 PM
BOCC Conference Room
205 West 5th Room 108 - Ellensburg
1. Call to Order
2. Citizen Comments (1 min. time limit)
3. Request Board Signature on a Professional Service Agreement with Tenelco
4. Updates on Ryegrass Facility
5. Discussion regarding notice from WM regarding a rate increase for 2023-2024
6. Shady Brook Change Order
7. Other Business - No Action to be taken
8. Concluded
Created on 8/4/2023 1:58:20 PM
AGENDA DATE:
ACTION REQUESTED:
BACKGROUND:
INTERACTION:
RECOMMENDATION:
KITTITAS COUNTY
Board of County Commissioners
AGENDA STAFF REPORT
August, 08,2023
Request to Approve a Professional Service Agreement with Tenelco,
Inc and Kittitas County for Ryegrass land application.
Solid Waste is requesting approval of the Professional Service
Agreement (PSA) between Kittitas County and Tenelco, Inc. This
PSA is for Tenelco to land apply 554,685 gallons of septage to DOE
approved fields at the Ryegrass facility.
The Prosecutor's office has reviewed and signed the proposed
Resolution.
Approve the PSA between Kittitas County and Tenelco, inc.
HANDLING: Original — Solid Waste
ATTACHMENTS: Professional Service Agreement.
LEAD STAFF: Patti Stacey, Director of Solid Waste.
ROFESSIONAL SERVICES AGREEMENT
ThisAgreementis made by and between Kittitas County (hereinafter "the County") and Tenelco.
Inc (hereinafter "Contractor"). The County and Contractor agree as follows:
General Conditions; ExhibitA (Scope of Work); Exhibit B (Compensation); Exhibit
C (Proof of Insurance) Exhibit D (Attachments).
copies of which are attached hereto and incorporated herein bythis reference as fully as if set
forth herein.
The term of this Agreement shall commence on the 08/08/2023, 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 parry'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.
IN WITNESS WHEREOF, the parties have executed this Agreementthis 8th day of
August , 2023.
v
Signature,of Signatory
(Date
Print Name of Signat ry
APPROVED:
BOARD OF COUNTY COMMISSIONERS
KITTITAS O 1NASHINGTON
Chairman
Attest:
Contractor Address:
Tenelco, Inc
2824 Old Hartford Rd Unit A
Lake Stevens, WA 98258
Project Contact:
Natasha Sevey
Clerk of the Board
Approved as to Form:
By:
Deputy Prosecuting Attorney
County's Address:
Kittitas County
205 West 5t" Avenue, Suite 108
Ellensburg, WA 98926
Project Contact:
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".
6. Assignment and Subcontracting:
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. Independent 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 Guarantee of Employment:
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 income, or personal property
to which the County does not hold title. The County is exempt from Federal Excise Tax.
10. Regulations and Requirement:
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. Right to Review:
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.
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. Termination for Default:
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 Public Convenience:
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 Agreement:
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, 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. Venue 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 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 Infringement:
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 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 acquired jurisdiction over the
County. Contractor shall immediately give to the County notice of any judicial proceedings
seeking disclosure 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.
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 the
department for whom services are rendered, and to the Kittitas County Commissioners, 205 W
5t" Ave, Suite 108, Ellensburg, WA 98926. Notice 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 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 Nondiscrimination 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 Nondiscrimination 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.
31. Prevailing Wage:
Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
employed in the performance of any part of the Work 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.
EXHIBIT "A"
SCOPE OF WORK
In addition to providing all material and labor, the Contractor shall perform the following:
Supply all labor, equipment and supplies needed to pump NO MORE THAN 554,685 gallons of
septage from the Ryegrass lagoons and apply to permitted fields on site at the Kittitas County
Ryegrass Facility.
Provide daily quantities of septage applied, lime stabilization, and PH records.
Supply all labor, equipment and supplies needed to slurry, lime stabilize, pump lagoons and apply to
the permitted fields on site at the Kittitas County Ryegrass Facility to reach the maximum permitted
gallons as approved in the DOE letter dated June 19, 2023 (554,685).
See exhibit "D" for letter and map.
EXHIBIT "B"
COMPENSATION
As full compensation for satisfactory performance of the work, the County shall pay Contractor
compensation not to exceed:
Mobilization - $7,800.00
Land Application - $0.40 Per Gallon (554,685 Gal)
Tax @ 8.1 % - $18,603.59
Total - $248,277.59
Permitted Gallons are 554,685 do not exceed.
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:
® Commercial General Liability Insurance
Coverage limits not less than:
• $5,000,000 per occurrence
• $1,000,000 per occurrence liquor liability
• $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
® Commercial Automobile Liability Insurance (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:
• $1,000,000 combined single limit
■ Thirty (30) days written notice to the County of cancellation
of the insurance policy.
® Workers' Compensation
Workers' Compensation in amounts required by law
❑ Stop Gap/Employers Liability
Coverage limits not less than:
• $1,000,000 each accident
• $1,000,000 disease — policy limit
• $1,000,000 disease — each employee
■ Thirty (30) days written notice to the County of cancellation
of the insurance policy.
❑ 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:
■ $1,000,000 per claim
■ $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.
® 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:
• Contractor's operations related to this project; and/or
• Remediation, abatement, repair, maintenance or other work with lead -based paint
or materials containing asbestos; and/or
• Transportation of hazardous materials away from any site related to this project
Such Pollution Liability policy shall provide the following minimum coverage:
■ $ per claim
■ $ annual aggregate
® 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:
• $500,000 per occurrence
❑ Umbrella Coverage
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.
• 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
maintained 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.
EXHIBIT "D"
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F r�
n
�F�y 7RR9 `�y
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
1250 W. Alder Street • Union Gap, WA 98903-0009 0 (509) 575-
2490
June 19, 2023
Patti Stacey
Kittitas County Solid Waste
925 Industrial Way
Ellensburg WA 98926-2886
Re: 2023 Agronomic rate approval
Dear Ms. Stacey:
Please accept this letter as an approval of agronomic rates for your sites where you plan to
grow winter wheat (with native vegetation) in the fall of 2023.
Based on soil sample test results submitted on June 15, 2023, and the nitrogen need of
winter wheat (81 1 bs N/acre/year) with an estimated targeted grain yield of 30 bushels /acre
(Note: the estimated grain yield was adjusted to 30 bushels from 35 bushels, a usually
estimated targeted yield, due to the fact that no vigorous winter wheat growing occurred in
the spring of 2022), 1 have evaluated and approved the following agronomic rates and total
gallons for each site shown in the following Table:
Application rate and total gallons of septage for each site
Sites Acres Application rate Total gallons
(gallons/acre/year)
2.2
A-B
2.2
10,596
23,312
B-A
2.2
10,212
22,466
2.2
C-A
7.0
26,192
183,344
C-B
7.0
22,135
154,945
7.0
No Application
D-A
6.2
27,519
170,618
6.2
No Application
Please note: Sites A -A, B-B, C-C, and D-D contain more available soil nitrogen than the
nitrogen need of the targeted crop, so septage shall not be allowed to be applied to the
sites this year.
Please track and tally gallons you land apply each time to ensure that septage land
application shall not exceed the total gallons for each site shown on the Table above.
In addition, septage must meet the pathogen reduction and vector attraction reduction
via adding lime to raise pH of septage (WAC-172-308-270) before land application, and
land application must be evenly distributed to the sites, without resulting in runoff, or
migration from the sites.
If you have any questions please contact me at can minq.xiao(c�ecy.wa.gov, or (509) 571-
3542
Sincerely,
r
Canming Xiao
Regional Environmental Research and Organics and Biosolids Coordinator
CC: Jesse Cox, Kittitas County Public Health Department
Attachments: Soil Test Results and Site Map
Professional Services Agreement (rev. 09/24/2018)
Page 17 of 18
Ryegrass Applica ion Fields
Field: A
Field: D
4.8ac
12.4ac
-120.217414. 46,962388 '
-120. 210457, 46.965156
Field: B
4.6ac
-120.216311.46.96187
Field: C
20.7ac
.120.203867, 46.958166
r3 cz�
t
Legend
Application Fields
Property Boundary
Parcel Lines---
1ishwl.GISIDnL'Pro;ccl.lSolW WaslclRyegrass Applicalion F.clds 1 Inch = 1,083 feet
Professional Services Agreement (rev. 09/24/2018)
Page 18 of 18
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS COUNTY
STATE OF WASHINGTON
RESOLUTION NO.
Resolution Setting Fees for Solid Waste Disposal
WHEREAS: The Kittitas County Board of Commissioners has the responsibility of managing the
countywide Solid Waste System under terms of the RCW 70A.205, RCW 36.58 and the Joint Solid Waste
Disposal System Agreement of March 12, 1979; and
WHEREAS: The Joint Solid Waste Disposal System Agreement provides for the system to be
operated on user fees and that the County Board of Commissioners are obligated to set disposal rates as
necessary to cover expenses from user fees; and
WHEREAS: RCW 36.58.040 allows for a County to have full jurisdiction and authority to manage,
regulate, maintain, utilize, operate, control and establish the rates and charges for those solid waste
handling systems, plants, sites, or other facilities
WHEREAS: RCW 36.58.020 allows the Board of County Commissioners to make such rules and
regulations as may be deemed necessary for the use and occupation of such sites and may provide for
the maintenance and care thereof.
WHEREAS: It has been determined that a fee increase is needed due to increased disposal costs
associated with Waste Management's CPI increase and the increase in operation cost.
NOW THEREFORE BE IT RESOLVED: That the Board of County Commissioners does hereby adopt
the following Fee Schedule. Effective November 1, 2023. This does not change any other rates not listed
currently charged by the Solid Waste Department for the disposal of Appliances, Liquid waste or tires.
*MSW Tipping Fee
$143.00per ton (New)
$ 10.00 minimum
*Yard Waste
$79.32 per ton (New)
$ 8.00 minimum
*Contaminated yard waste will be charged as MSW rate.
*Construction /Demolition Waste
At Ryegrass Landfill
$ 12.00 per yard (New)
Dirt at Ryegrass with waste certification$ 9.00 per yard
Concrete over 2'x2'x6"
$ 20.00 per yard (New)
At Ellensburg Transfer Station
$80.27 per ton (New)
$ 8.00 minimum
At Cle Elum Transfer Station
$99.22 per ton (New)
$ 8.00 minimum
*Dump trucks with over a ton must haul direct to Ryegrass
Appliances with CFC Refrigerants
$35.00 per appliance + weight
Liquid Waste
$ .25 per gallon (New)
Tires
Passenger Tires w/o Garbage
$235.00 per ton
Passenger Tires with Garbage
$ 3.00 per tire
Truck Tires
$ 9.00 per tire
Implement/Tractor
Heavy Equipment
Special Waste (Street Sweepings)
Sale of Compost/fine
Sale of Compost
Sale of Mulch/course compost
Compost Socks
Additional Cards for
Charge Customers
Insufficient Fund Customers
$ 25.00 per tire New
$ 80.00 per tire New
$100.00 per ton
$ 75.00 per ton Residential Vehicles
$ 55.00 per ton Contractors,
Farms/Nurseries/Landscapers( New)
$ 40.00 per ton(New)
$ 4.00 per ft/ 100ft minimum order
$ 5.00 per each
$ 20.00 each for cash transaction not paid by the end of
the business day.
All persons using a county owned and operated solid waste disposal system facility shall pay the service
fees set forth in the solid waste service fee schedule. The solid waste service fee schedule and any
revisions to the service fee schedule shall be prepared by the Director and submitted to the Board of
County Commissioners for approval. The solid waste service fee schedule will be based on full cost
recovery standards.
Listed fees are subject to applicable taxes. The director or designated employee shall, at the time of
payment, round the total service fees and taxes owing up to the nearest whole dollar when any fraction of
a dollar owing is $.50 or greater, and round the total service fees and taxes owing down to the nearest
whole dollar when any fraction of a dollar owing is less than $.50.
ALL FEES AND CHARGES, including existing fees and charges not changed by this resolution, are
subject to accrual and application of interest at the rate of 18% when more than 30 days past due.
Dated this day of August 2023
ATTEST:
0 Clerk of the Board- Julie Kjorsvik
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY WASHINGTON
Cory Wright, Chairman
Brett Wachsmith, Vice Chairman
Laura Osiadacz, Commissioner
APPROVED AS TO FORM:
Douglas R. Mitchell, Deputy Prosecuting Attorney