MASTER AGREEMENT FOR BIOSOLIDS SERVICES
This Master Agreement for Biosolids Services (the "Agreement") is made and entered into this day of , by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and SYNAGRO WEST, LLC (hereinafter referred to as "CONTRACTOR"). CITY and CONTRACTOR may be referred to ind
RECITALS
WHEREAS, CITY invited Proposals for providing biosolids services in connection with the Calera Creek Water Recycling Plant biosolids disposal process; WHEREAS, CONTRACTOR is qualified to perform such services; and WHEREAS, CONTRACTOR has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONTRACTOR and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONTRACTOR agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONTRACTOR agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONTRACTOR represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONTRACTOR represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONTRACTOR agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged, in the same or similar geographical area in which CONTRACTOR practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONTRACTOR agree that CONTRACTOR is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONTRACTOR from professional responsibility for the Services performed.
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1.5. Independent Contractor. CONTRACTOR is an independent contractor and not an employee of CITY. CONTRACTOR expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONTRACTOR in the performance of the Services will not be employees or agents of CITY. CONTRACTOR is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONTRACTOR agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONTRACTOR further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONTRACTOR during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONTRACTOR under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONTRACTOR.
1.8. Documentation. CONTRACTOR shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONTRACTOR shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONTRACTOR agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONTRACTOR or is based upon CONTRACTOR's negligence, CITY will compensate CONTRACTOR for the preparation and the testimony at CONTRACTOR's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. 2.2.
Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONTRACTOR for work done under a Task Order exceed the total .
Invoices. CONTRACTOR shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding
month. CONTRACTOR shall submit time and cost records as necessary to substantiate performance of the ServicesNo payment hereunder shall be construed as evidence of acceptance of any of CONTRACTOR's work. CITY reserves the right to withhold payment from CONTRACTOR on account of Services not performed satisfactorily, delays in CONTRACTOR's performance of Services, or other defaults hereunder.
CONTRACTOR shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.2.1.Terms of Payment. City shall pay Contractor the full amount due under any invoice within thirty (30) days of the date of the invoice. Any invoice amount not paid in full within thirty (30) days of the date of the invoice shall bear interest at the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum legally permissible interest rate on any unpaid balance thereof. Interest shall be computed from the date of the invoice. In the event of a dispute of any charges, City shall pay Contractor any amounts not in dispute in accordance with the provisions herein,
2.3. Status Reports. Together with each monthly invoice, CONTRACTOR shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONTRACTOR shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2024 (the "Term").
Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONTRACTOR. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONTRACTOR. CONTRACTOR may terminate this Agreement for any reason upon ninety (90) days written notice to the CITY. Should City elect to terminate this agreement for convenience, or without cause, City shall pay Contractor for expenses incurred because of early termination. These expenses include, but are not limited to, recovery of capital costs, percent of lost profits, demobilization, employee severance payments and costs to terminate subcontractors and equipment leases
3.2.1 Force Majeure. Neither Party shall be liable to the other Party for breach or for failure or delay in the performance of its obligations hereunder caused by any act or occurrence beyond its reasonable control, including, but not limited to: fires; floods; strikes (except any strikes involvi
ordinance; orders or judgments of any Federal, State or local court, administrative agency or governmental body; change in permit conditions or requirements; accidents; extreme weather conditions including, for example, hurricanes, tornadoes, unusually high amounts of precipitation, unusual extremes of temperature or wind, or unusually extended periods of adverse weather conditions; acts of war, aggression or terrorism (foreign or domestic); equipment failure (other than due to the inadequate maintenance thereof); and acts of God.
It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond a Party reasonably anticipated weather conditions normal for the region in which the work is performed or (ii) any failure to pay any sums in accordance with the terms of this Agreement. Whenever the provisions of this Section are believed to apply, the Party relying thereon shall give prompt notice to the other Party of the circumstances, the basis for applicability of this Section and the time required to cure such breach or delay and Contractor and City shall use reasonable best efforts to agree on appropriate mitigating actions under the circumstances. This provision provides performance (including performance
3.3. Final Payment. CONTRACTOR shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. 4.2.
CITY Contact. CITY designates ,
as its contact who shall be responsible for
administering and interpreting the terms and conditions of this Agreement, for matters relating to CONTRACTOR's performance under this Agreement, and for liaison and coordination between CITY and CONTRACTOR. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONTRACTOR of the change in writing.
CONTRACTOR Contact. CONTRACTOR designates John Pugliaresi as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONTRACTOR's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONTRACTOR shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONTRACTOR shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONTRACTOR shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
defined in California Civil Code Section
2782.8(c), CONTRACTOR shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to r willful misconduct. In such an event, the
proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONTRACTOR may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONTRACTOR shall be solely responsible for the health and safety of CONTRACTOR's employees during the performance of the Services.
5.3. Insurance. CONTRACTOR and all of CONTRACTORS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONTRACTOR and all of CONTRACTORS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONTRACTOR under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONTRACTOR shall provide CITY with Certificates of Insurance evidencing that CONTRACTOR has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONTRACTOR shall also furnish CITY with original endorsements with the following documentation:
Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONTRACTOR by United States mail;
Providing that CONTRACTOR 's insurance shall apply separately to each except with respect to the limits of the insurer's liability (cross-liability endorsement);
its City Council, boards, commissions, committees, officers, employees and Providing that for any claims relating to CONTRACTOR 's services hereunder, CONTRACTOR 's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONTRACTOR 's insurance and shall not be contributory with it.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONTRACTOR fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONTRACTOR resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONTRACTOR, may deduct from sums due to CONTRACTOR any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: City Manager
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONTRACTOR: John Pugliaresi
Synagro West, LLC
3110 Gold Canal Drive Suite E,
Rancho Cordova, CA, 95670
Phone: 650-219-6380
[email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONTRACTOR will comply with the pursuant to California
Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONTRACTOR may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CONTRACTOR may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would Agreement. CONTRACTOR agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning ursuant to this Agreement.
CONTRACTOR may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONTRACTOR hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONTRACTOR was an employee, agent, appointee, or official of CITY in the previous twelve months, CONTRACTOR warrants that it did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and performance of the Services, including reimbursement of expenses, and CONTRACTOR will be required to reimburse CITY for any sums paid to CONTRACTOR under this Agreement. CONTRACTOR understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONTRACTOR of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONTRACTOR may subcontract portions of the Services upon the prior written approval of CITY. CONTRACTOR will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such to be bound to CONTRACTOR and CITY in the same manner and to the same extent as subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the subcopy of the CITY indemnity and insurance provisions will be furnished to
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONTRACTOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. . If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
7.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONTRACTOR and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.
7.14. Relief for Force Majeure/Uncontrollable Circumstances; Change in Law. Neither Party shall be liable to the other Party for breach or for failure or delay in the performance of its obligations hereunder caused by any act or occurrence beyond its reasonable control, including, but not limited to: fires; floods; strikes (except any strikes involving a judgments of any Federal, State or local court, administrative agency or governmental body; change in permit conditions or requirements; accidents; extreme weather conditions including, for example, hurricanes, tornadoes, unusually high amounts of precipitation, unusual extremes of temperature or wind, or unusually extended periods of adverse weather conditions; acts of war, aggression or terrorism (foreign or domestic); riot, insurrection; equipment failure (other than due to the inadequate maintenance thereof); and acts of God. It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond a region in which the work is performed or (ii) any failure to pay any sums in accordance with the terms of this Contract. Whenever the provisions of this Section are believed to apply, the Party relying thereon shall give prompt notice to the other Party of the circumstances, the basis for applicability of this Section and the time required to cure such breach or delay. Contractor shall promptly provide notice of the need, if any, for additional compensation or for renegotiation of terms in order to mitigate the effects of such event or to comply with a change in law or regulation or interpretation thereof.
Contractor shall be entitled to additional time and compensation if such event delays performance into a season different from that assumed when this Contract was executed.
Contractor and City shall use reasonable best efforts to agree on appropriate mitigating actions under the circumstances.
7.15. Mutual Waiver of Consequential Damages. Neither party shall be liable for consequential or punitive damages on any claims arising out of the performance or non performance of obligations under the Contract.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF PACIFICA
By:
Kevin Woodhouse, City Manager
CONTRACTOR
Date
By:
Date Attest:
By: ___________________________
Sarah Coffey, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
EXHIBIT A
TASK ORDER
TASK ORDER NO. ________
CITY OF PACIFICA
AND
__________________________
SECTION 1 PURPOSE
The purpose of this Task Order is to authorize and direct _______________ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Biosolids Servi
SECTION 2 SCOPE OF WORK
Scope of Services,
which is attached hereto and incorporated by this reference.
SECTION 3 COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services Compensation, which is
attached hereto and incorporated by this reference. Total compensation for all services provided SECTION 4 TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _________________ or as extended in writing by the City Manager.
SECTION 5 ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this _______ day of _____, _______.
[Signatures on Next Page]
CITY OF PACIFICA
By:
___________, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
SYNAGRO WEST, LLC
Date
By: Date
By: Date
SCOPE OF SERVICES
Scope of Service.
TRANSPORTATION AND LAND APPLICATION OR OTHER BENEFICIAL USE OF CLASS B OR CLASS A
ANAEROBICALLY DIGESTED BIOSOLIDS
City Materials.
City Materials shall consist of the following:
Anaerobically digested class b or class a bisolids
Method of Delivery of City Materials. The City Material shall be delivered to Contractor in the following manner:
Biosolids will be loaded into staged trailers provided by Synagro An empty trailer will be exchanged for a full trailer on an oncall basis.
City Facility(ies) " shall mean the following locations where City Material(s) are generated or stored:
1. City of Pacifica Wastewater Treatment Plant located in Pacifica, CA, Contractor right to refuse loads. If trucks or containers are loaded by City or its agents, Contractor has the right to refuse loads that are not within legal weight restrictions, are defective, or are not filled to mutually agreed-upon minimums or maximums.
COMPENSATION
PRICE
The Agreement Price(s) shall be as follows:
Unit price line items will be billed on the actual units removed per the proposal dated
RATE QUANTITY UNIT SERVICE
$84.50 1500 Wet Ton Transportation and Land Application of Class B or Class A biosolids $1,325.00 12 Month Trailer rental
$445.00 12 Month Laboratory analysis
$1,804.00 TBD Minimum load
charge
Transportation and Land Application of Class B or Class A biosolids $117.00 TBD Wet Ton
CPI. All Agreement Prices shall be adjusted as follows:
All Agreement Prices shall be adjusted annually beginning on July 1, 2024__ based on the Non-Seasonally Adjusted Consumer Price Index established by the United States Department of Commerce, Bureau of Labor Statistics, for _San Francisco Bay Are with the CPI immediately preceding the Commencement Date being the base index. Said adjustment shall apply to all fees contained herein, and shall be based on the following formula:
New Price = (Price Adjustment) x First Year Agreement Price Current CPI - Base CPI
Price Adjustment = 1 + (---------------------------------) Base CPI
CPI = ______________________.
Base CPI = ______________________.
Once the CPI is available, the price adjustment shall take effect retroactively, where applicable, as of the dates specified above for price adjustments. No New Price shall ever be lower than any existing current Agreement Price in effect immediately before the annual adjustment.
Fuel Surcharge Adjustment
change in diesel fuel prices, in accordance with the table below, if the cost of retail on-highway diesel fuel (Department of Energy, Energy Information Administration California____________) is at, or exceeds, $_5.00___________ per gallon (Base Price).
The Fuel Surcharge Adjustment will be based on the following chart and the Retail On-Highway Diesel Price California as California_________________________
and will be applied to the then current fixed or unit fee, as applicable. The Fuel Surcharge Adjustment will be no more than once a calendar month beginning with the second calendar month following the Commencement of Services and shall be adjusted as of the first day of each month. Fuel Surcharge Adjustment will then be applied as follows:
Diesel Price $/Gallon -
Note1
Fuel Surcharge
Adjustment %
< $(Base Price) None
Base Price to Base Price plus
$.049
0.5 %
Base Price plus $0.05 to
Base Price plus $0.099
1.0 %
Base Price plus $0.1 to Base
Price plus $.0149
1.5 %
For each $0.05/gallon increase thereafter add 0.5
EXAMPLE:
Base Price = $5.01 / Gallon
Diesel Price $/Gallon -
Note1
Fuel Surcharge
Adjustment %
5.00 (Base Price) None
$5.01 - $5.049 0.5 %
$5.05 - $5.099 1. %
$5.10 - $5.149 1.5 %
Note 1 - Fuel Rate based on DOE EIA monthly retail on-highway diesel prices (_California-ultra low sulphur 15 ppm or less_____)