Facility Use and Indemnity Agreement with Compost West for Biosolid Composting Pilot Project WWTPE IDIAN~-
Public Works Department I D A H O
Environmental Division
DATE: August 2, 2012
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Mollie Mangerich, Environmental Division Manager
SUBJECT: Request to approve Facility Use and Indemnity Agreement with Compost West,
Inc. to conduct Biosolids Composting Pilot Project at WWTF
I. RECOMMENDED ACTION
A. Move to:
1. Approve Facility Use and Indemnity Agreement Between Compost West and
the City of Meridian for Biosolids Composting Pilot Project for the not to
exceed amount of $4,015.00.
II. DEPARTMENT CONTACT PERSON
Mollie Mangerich, Environmental Division Manager (Project Manager) 489-0379
III. DESCRIPTION
A. Purpose of Pilot Project: To evaluate the achievability of attaining Class A biosolids
through the process of `open windrow composting'. Open windrow composting is a
managed biological process in which biodegradable waste (biosolids cake) is broken
down by the naturally occurring micro-organisms to produce a stabilized end product.
Using this treatment (composting) process EPA 40 CFR Part 257 requires
microbiological monitoring to ensure that pathogen density levels are below detection
limits and that pathogen regrowth has not resulted in detectable levels being present
at the time of use of disposal. This is a "time and temp" process that is dictated by
FPA requirements to_ensuresiestructinn of an _pathogen.
1. Three locally-sourced feedstocks will be included in the Biosolids
Composting Pilot Project:
i. Biosolids Cake
ii. Wood Chips
iii. Grassclippings
2. Complete analyticals will be collected pre- and post and sent to respective
laboratories including: pathogen destruction (eColi), detection of persistent
herbicides, metals TCLP, etc..
B. Contractor Selection:
Roger Wood, owner of Compost West Inc. was selected for the pilot project due to
his extensive composting knowledge and commercial dairy waste composting
business in the Treasure Valley. Mr. Wood came to us with the rewmmendation of
Mr. Jim Zamzow who is also interested in the Biosolids Composting Project.
IV. ATTACHMENTS
A. FACILITY USE AND INDEMNITY AGREEMENT BETWEEN COMPOST WEST
INC. AND THE CITY OF MERIDIAN FOR A BIOSOLIDS COMPOSTING ILOT
PROJECT AT THE CITY OF MERID WASTEWATER TREATMENT PLANT
Approved for Council Agend ~ ~tt~ ~~
Date
FACILITY USE AND INDEMNITY AGREEMENT
Between Compost West and the City of Meridian
for Biosolids Composting Pilot Project
at the City of Meridian Wastewater Treatment Plant
This FACILITY USE AND INDEMNITY AGREEMENT is made this 7th day of August,
2012, by and between Compost West Inc., a corporation organized under the laws of the State of
Idaho, whose address is 100 Wits End Lane Nampa, ID 83687 (hereinafter "Compost West"), and the
City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho
(hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho.
WHEREAS, pursuant to the proposal attached hereto as Exhibit A, Compost West seeks to
work with the City of Meridian Public Works Department to complete a Biosolids Composting Pilot
Project at the City of Meridian Wastewater Treatment Plant; and
WHEREAS, pursuant to the proposal attached hereto as ExhibitA, the City of Meridian Public
Works Department is willing to allow Compost West to access and use its facility and equipment for
these purposes in return for post-pilot deliverables provided at the conclusion of the demonstration;
NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and
inducements contained herein, the parties hereby agree as follows:
I. SCOPE OF PERMISSIONS GRANTED BY CITY.
A. Time of access and use. Compost West shall be granted access to and use of City facilities
and equipment only during normal business hours and at such times expressly permitted by the
Director of the City of Meridian Public Works Department and his designee(s) ("Public
Works"). The selection and designation of the personnel of City in the performance of this
agreement shall be made by City.
B. Scope of access and use. Compost West's access to and use of City facilities and equipment
shall be limited to the activities set forth in the proposal attached hereto as Exhibit A and
incorporated herein by reference ("proposal"), as well as by all reasonable restrictions on such
access and use as shall be established by Public Works. Compost West shall access and use
City facilities and accomplish all activities under this Agreement only insofar as such access
and activities are consistent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions.
C. Preservation of health and safety. Compost West represents and warrants that it, and all of
its members, agents, and employees are, fully qualified to and shall perform the activities and
- - ali~omponents-thereof~s-described-in-ti~eproposal-in accordance with-generally-accepted -
industry standards and practices. Neither Compost West nor any byproduct or component of its
activities shall in any way harm or endanger the health, safety, and/or welfare of Compost West
members, agents, or employees; any member of the public; and/or City staff. Neither Compost
West nor any byproduct or component of its activities shall damage, endanger, or affect City
facilities or equipment or the operation of City facilities or equipment.
INDEMNITYACREEMENT-COMPOST WEST WWTP B/OSOLlDS COMPOST/NC P/LOT PROJECT PAGE1
D. Time of performance. This Agreement shall become effective upon execution by both parties,
and shall expire at 11:59 p.m. on Sunday, September 30, 2012, unless sooner terminated or
extended as provided herein.
E. Compensation. City shall pay Compost West for services rendered hereunder in an amount
not to exceed four thousand and fifteen dollars ($4,015.00). This amount shall constitute full
compensation from City to Compost West for any and all of Compost West's services, costs,
and expenses related to services performed under this Agreement.
F. Method of payment. Upon execution of this Agreement, Compost West shall provide City
with a completed W-9 form. On a monthly basis, Compost West shall provide City with an
itemized invoice. City shall pay Compost West for services provided within thirty (30) days of
receipt of invoice. Payment of all taxes and other assessments on such sums shall be the sole
responsibility of Compost West.
II. INDEMNIFICATION.
A. Indemnification. In consideration of Compost West's access to and use of City facilities and
equipment to complete the activities as described in the proposal, Compost West shall, and
hereby does, indemnify and save and hold harmless City from and for any and all losses;
claims; actions; judgments for damages; injury to its members, agents, or employees, other
persons, or property; and/or losses and expenses caused or incurred by Compost West and not
caused by or arising out of the tortious conduct Gf City of Meridian. Compost West
acknowledges that accessing or using City facilities and equipment carries risks of injury
and/or death, some of which are unknown, and assumes these and any and all other risks and
hazards of such activity and any activity related thereto. Compost West forever waives and
releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors,
administrators, assigns, and/or personal representatives, any and all claims and/or rights for
damages Compost West and its members, agents, and/or employees now has or may hereafter
have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or
business invitees, suffered in connection with or arising out of Compost West's access to and
use of City facilities and/or any activity related thereto and not caused by or arising out of the
tortious conduct of the City of Meridian or its employees.
B. No coverage provided. Compost West acknowledges that the City of Meridian shall not
provide for Compost West or for its members, agents, or employees any insurance or coverage
of any kind, whether financial, medical, or otherwise, for any accidents, injuries, illnesses,
losses, or damages that result during or arise out of Compost West's actions hereunder and/or
any activity related thereto.
- ~. Waiver.C-ompost West and-its-members,-agents and emplayeeswaive anyand-all-claims and
recourse against City, including the right of contribution for loss and damage to persons or
property arising from, growing out of, or in any way connected with or incident to Compost
West's performance of or actions taken under this Agreement, whether such loss or damage
maybe attributable to known or unknown conditions, except for liability caused by or arising
out of the tortious conduct of the City of Meridian or its employees.
INDEMN/TYAGREEMENT-OOMPOST WEST WWTP BIOSOLIDS COMPOSTING PILOTPROJECT PAGE 2
D. Worker's compensation. Throughout the course of this agreement, Compost West shall
obtain worker's compensation insurance in the statutory limits as required by Idaho law.
III. GENERAL PROVISIONS.
A. Relationship of Parties. Compost West is, and its members, agents, and employees are,
neither an independent contractor(s) nor an employee(s), agent(s), joint venturer(s), or
partner(s) of City. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between Compost West and City or any
official, agent, or employee of City; or between any Compost West member, agent, or
employee and the City or any official, agent, or employee of City.
B. Termination. If, through any cause, Compost West fails to comply with the terms of this
Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, and/or if
the City Council determines that termination of this Agreement is in the best interest of City,
City shall thereupon have the right to immediately terminate this Agreement by providing
written notice to Compost West of such termination. Compost West may immediately
terminate this Agreement at any time by providing written notice to City. Notwithstanding this
or any other provision of this Agreement, Compost West shall not be relieved of liability to
City for any damages sustained by City by virtue of any breach of this Agreement by Compost
West. This provision shall survive the termination of this agreement.
C. Notices. Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed by United States Mail, addressed as follows:
City: City of Meridian Public Works Dept.
Attn: Tom Barry
33 E. Broadway Avenue
Meridian, Idaho 83642
Compost West: Compost West, Inc.
Attn: Roger Wood, Owner
100 Wits End Lane
Nampa, Idaho 83687
Either party may change their address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
D. Compliance with laws. In all activities undertaken under this Agreement, Compost West shall
_ - compl3~ withall~pplicabl~laws, ordinances, policies,-and codesof 1=ederal-State~nd~ocal- -
govemments, and shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
E. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of
this Agreement so long as the remainder of the Agreement is reasonably capable of completion.
INDEMNTTYAGREEMENT-COMPOST WEST WWTP BIOSOLIDS COMPOSTING P/LOTPROJECT PAGES
F. Assignment. It is expressly agreed and understood by the parties hereto, that Compost West
shall not have the right to assign, transfer, hypothecate or sell any rights conveyed under this
Agreement except upon the prior express written consent of City.
G. Successors and assigns. All of the terms, provisions, covenants and conditions of this
Agreement shall inure to the benefit of, and shall be binding upon, each party and their
successors, assigns, legal representatives, heirs, executors, and administrators.
H. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral of written, whether previous to
the execution hereof or contemporaneous herewith.
I. Advice of attorney. Each party warrants and represents that in executing this Agreement, it
has received independent legal advice from its attorney and/or has received the opportunity to
seek such advice.
J. Warranty of authority. Roger Wood expressly warrants that he is duly authorized to act as
the representative and agent of Compost West and its principals. Mr. Wood further warrants
that he is authorized to bind Compost West and its principals to all provisions set forth herein,
and to accept the liabilities as established herein on behalf of Compost West and its principals.
K. Applicable law. The laws of the State of Idaho shall govern the validity, interpretation,
performance and enforcement of this Agreement. Venue shall be in the courts of Ada County,
Idaho.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their
duly authorized officers to be effective as of the day and year first above written.
COMPOST WEST, INC• CITY OF MERIDIAN:
By' onucl~ By' E~G~~~
Roger ood, 1 yep ' ''r, Tammy eerd, Mayor
Owner g`'~ 9°w
Compost West, Inc. c"y°f
~E IDIAN
.°a„° test: ~~...
sc SEAL ~` Jaycee lman, City Clerk
PyfP6 °~ ~ E a T0.t t5~0.~~ey
INDEMNTTYAGREEMENT-OOMPOST WEST WWTP BlOSOLIDS COMPOSTMG PILOT PROJECT PAGE 4
ExxlsiT A
BIOSOLIDS COMPOSTING PILOT PROJECT
WORK PLAN
COMPOST WEST, INC.
ROGER WOOD, OWNER
100 WTTS END LANE
NAMPA, ID 83687
PHONE: (208) 467-1110
EMAIL: INFO(~COMPOST WEST.COM
PILOT PROJECT PURPOSE AND OBJECTIVES
The purpose of the Biosolids Composting Pilot Project is to beneficially recycle the treated,
centrifuged organic biosolids cake generated at the Meridian Wastewater Treatment and Reclamation
Facility to meet the EPA standards (40 CFR Part 503 Part 257) pathogen and vector attraction
reduction requirements of a Class A Biosolid product.
The objectives of the Pilot Project is to employ aerobic composting method in a windrow configuration
to reduce pathogens to below detectable levels, degrade volatile solids and produce a usable product.
Pathogen reduction is a function of time and temperature. To meet EPA Operational requirements,
benchsheets (logs) will be filled out to monitor temperature, microbial activity of windrows, porosity
and oxygen content as well moisture content of the piles as well as documenting windrow turning
schedule.
Feedstocks:
• Biosolids Cake (carbon source);
• Wood chips sourced from Enviro-Progress, the wood processing contractor at the Ada County
Landfill (bulking agent); and
• Grass clippings sourced through local lawn care companies (nitrogen source).
The Pilot project will compare and contrast the microbial effectiveness between windrows comprised
of.
a) Biosolids cake and wood chips
b) Biosolids cake, wood chips and grass clippings
PILOT PROJECT TIMELINE
The Pilot Project will begin August 8th and be completed (including cleanup and landfill disposal of
composted materials) by October 15th, 2012.
PILOT PROJEC`i1RESPONSIBiLITYRREAS - - - - - - - - - - - -
Compost West Inc. will provide:
1. Equipment and labor necessary to conduct windrow turnings for the duration of the Pilot
Project (tractor and pull behind PTO-driven windrow turner);
2. Labor necessary for the operation/maintenance (including the addition ofnon-potable water as
needed) of the windrows for the duration of the Pilot Project;
3. Labor necessary to conduct windrow pile temperature taking and other analytical recording as
coordinated through the City of Meridian staff; and
4. A written final report with the results of the pilot project to the City of Meridian Public Works
Department.
The City of Meridian will provide:
1. A dedicated location at the W WTF in which to conduct the Biosolids Composting Pilot Project;
2. Purchasing the wood chips necessary to provide the bulking agents for the composting process;
and
3. Coordination for the delivery of grass clippings necessary to provide the nitrogen component of
the composting process;
4. Coordination, sampling and payment for all analyticals (in house and out-sourced) pre and
post-pilot project to verify attainment of EPA Class A Biosolids standards;
5. City labor and equipment (Syd3 Front End Loader) necessary to initially set up the pilot
windrows (Contingent upon WWTF Superintendents discretion and availability of personnel);
6. Payment for a third party contractor (equipment rental and labor costs) to provide necessary
services to initially set up the pilot project composting windrows if city personnel and
equipment are unavailable when needed;
7. Provision ofnon-potable water and fire hoses necessary for maintaining adequate moisture
content of the windrows during the active cycle of the composting process;
8. Transportation and disposal of composted Biosolids to the Ada County landfill, as required by
our current WWTF NPDES Permit; and
9. Storage area for the equipment brought to the W WTF by Compost West for the successful
operations of the Pilot Project.
TABLE A: COMPENSATIOIV ,TABI,Fs ,
Description Rate Estimated
hours/miles Estimated Compensation
Labor onsite $30.00/hour 78 hours $2,340.00
Mileage
Reimbursement
(Home -
WWTF) 0.555/mile 6.5 miles one-way
13 miles/RT Estimated Number of Round
trips from home to W WTF
N= 28 roundtrips
$655.00
Equipment Use $65.00/day Days in use: 12 $780.00
Equipment Fuel $4.50/gall 40 gallons $180.00
Report $30.00/hour 8 hours $240.00
cEstimated fees~or o erat ions,of Pilot Project: $45015.60
l look forward to working with the City of
please don't hesitate tort me
Sincerely, ~~
Roger Wood
Compost West, Inc.
Upon acceptance of this prS
Accepted by: ~-,
on this Pilot Project. If you have any questions,
7-1110 (home) or 208-250-4741 (cell).
return to Mr. Roger Wood
Title: City of Meridia:
Date: 7 ' 3