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HomeMy WebLinkAboutEDB BCR Environmental Change Order #11 FINAL EXECUTIVE SUMMARY AGENDA ITEM: Proposed Change Order No. 11 to the BCR Environmental Corporation(BCR) Contract to provide upgrades to the Biosolids Treatment System Date: December 29, 2022 BACKGROUND: BCR is responsible under agreement to haul and dispose of all biosolids generated by CCUA's wastewater treatment plants that do not meet Class A standards to a properly permitted site. Staff & BCR negotiated contractual modifications to address both needs to prevent the unexpected inability to land apply Class B biosolids and the resulting disposal costs. The contract modifications include: co • BCR tracks phosphorus loading at each application site and reports percentage of site full a) to CCUA semiannually co • BCR notifies CCUA when Class B application sites identified in the Nutrient Management c Plan are sold or inactivated and identifies the remaining available sites m • BCR establishes an agreement with new or other currently operating Class B sites to 48 received CCUA Class B biosolids should a BCR-permitted land application site fill up or unexpectedly be deemed inactive. • Staff consider the 15% additive fee consistent with other CCUA contracts. BUDGET: CCUA will be required to pay the cost to haul and dispose of biosolids that do not meet Class A standards plus 15% at a non-BCR permitted land or BCR permitted partnered facility. Staff determined the fee is fair, competitive, and reasonable. Staff budgets for disposal of biosolids in the Wastewater Department Operating Budget. RECOMMENDATION: Staff respectfully recommends the Board of Supervisors approval of the Proposed Change Order No. 11 with BCR Environmental Corporation. ATTACHMENTS: BCR Environmental Corporation Change Order No. 11 //DP(Author) //DP,HW,AB (Review) //JJ(Final) Clay County Utility Authority- Class B Biosolids CHANGE ORDER#11 This Change Order #11 ("Change Order"), dated as of December _, 2022, is by and between BCR Environmental Corporation, a Delaware corporation whose address is 100 N Laura St., Jacksonville, Florida 32202 ("BCR"), and the Clay County Utility Authority, a local governmental body, corporate and politic, with its principal office at 3176 Old Jennings Rd, Middleburg, Florida 32068-3907 (the "Authority"). RECITALS: WHEREAS, BCR has provided the Authority with certain design, equipment, and operational services for BCR Neutralizer® systems and CleanBTM systems (each a "System" and collectively, the "Systems") at its wastewater treatment plants under the "Bio-solid Treatment Agreement"dated June 6, 2006. WHEREAS, upon execution of the agreement and during the term of the agreement, BCR shall be responsible for the following from Section 1 b)Haul and dispose of all biosolids generated by the system that do not meet Class A standards to a properly permitted site at its own expense for a period not to exceed one hundred and twenty days. NOW, THEREFORE, in consideration of the mutual agreements, covenants, representations, and warranties contained in this Change Order, and for other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as follows: 1. The Authority requests the following contractual modifications to Section 1 b) BCR Services and Responsibilities: a. BCR tracks phosphorus loading at each application site and reports percentage of site full to CCUA semiannually. b. BCR notifies CCUA when Class B application sites identified in the Nutrient Management Plan are sold or inactivated and identifies the remaining available sites. c. BCR establishes an agreement with new or other currently operating Class B sites to receive CCUA Class B biosolids should a BCR-permitted land application site fill up or unexpectedly be deemed inactive. 2. The Authority requests the following contractual modifications to Section 1 b) BCR Services and Responsibilities: a. Haul and dispose of all biosolids generated by the system that do not meet Class A standards to a properly permitted BCR permitted or BCR partnered site at its own expense for a period not to exceed one hundred and twenty days. Page 1 of 3 3. BCR requests the following contractual modification to Section 3 b) iv) Pricing and Financial Structure: a. If Authorities biosolids do not meet Class A or standards, the Authority will pay the cost to haul and dispose of biosolids plus 15% at a non BCR permitted land or BCR permitted partnered facility. [The remainder of this page was left blank intentionally.] Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Change Order#11 as of the Effective Date. CLAY COUNTY UTILITY AUTHORITY By: Print Name: Print Title: Date: BCR ENVIRONMENTAL CORPORATION By: �/ Print Name: -I-6 k-4-0•Mt3 l5 Print Title: �"l )ry ei CdcSx---7:2 Date: CR./t 5/2-;-. to Page 3 of 3