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HomeMy WebLinkAboutCOM 0015.000 2000-2002 JMtr os y,~ 1.. It i'ham G Day i4 Stephen K Yamanhiro D:.,,,o. 41a'v; • i - Hrnrt• Ciu~ - 1 (1~nunfg of ~ttfuttii 254upuri Street Room?L Hi'o Hawa^ -•;.??0-d24 Is ~)vnl X211 Fa•~±08 vbl h~93 h0\A 5'p(, KuaAim Hikht~ n' Srle :ill Kulca Korn fl m m v~'d0 '~09 i l2'v s_;-;, Fa a : aotil :2b cnt': November 30, 2000 HONORABLE CHAIRMAN JAMES ARAKAKI AND MEMBERS HAWAI'1 COUNTY COUNCIL HAWAII COUNTY BUILDING HILO, HI 96720 SUBJECT' HA~1'All COUNTY ADMI\ISTRATION S RECOMMENDATION FOR MUNICIPAL SOLID WASTE MANAGEMENT PROVIDER IN EAST HAWAII Vve are pleased to transmit for your review and consideration for approval of the subJect recommended provider of solutions to muniapal solid waste management m East Hawau The proposal contains proven solid waste disposal e~penence unhzmg traditional (hauhn_, landfilhng, recycling) and state of the art technology (S[artech Plasma 14'as[e Converter) to handle the vanous composmon of East Hawau s solid waste stream The liming of this proposal m response to a soliatation issued by the Department of Public Works, is appropnately submitted considering the impending closure of the Hilo landfill sometime between 2003 and 2005 We are confident that the recommended provider is best sorted to provide cost effechve, long- term and environmentally acceptable solutions m [he management of municipal solid waste m East Hawau APPROVED Ro ert aitabu ephen K Y sltiro I e Chief weer Mayor J Comm \o. G File \o R~ G Enclosures QE, f,/~(~ Ref, To: tiote: Attachment is on file in the Clerk's Office; I]chibit "lc~?f'a~Ld ~ J ~~00 is a CD hnP7 and >s also on file ui the Clerk's Office. JUSTIFICATION FOR RECOMMENDED PROSPECTIVE CONTRACTOR TO PROVIDE COST-EFFECTIVE, LONG-TERM AND ENVIRONMENTALLY ACCEPTABLE SOLUTIONS IN THE MANAGEMENT OF MUNICIPAL SOLID WASTE IN EAST HAWAII Office of the Mayor County of Hawau November 22, 2000 ATTACH: C-15 JUSTIFICATION FOR RECOMMENDED MUNICIPAL SOLID WASTE MANAGEMENT PROVIDER BACKGROUND Of nine companies that submttted letters of Intent to response to the RFP to provtde cost-effective and long-temt solutions to the management of municipal solid waste m East Hawau, only six actually submitted detailed proposals Four proposals offered soluttons to the total municipal solid waste stream while tw•o proposals oftered soluttons only to certain segments of the waste stream (one For recyclables and the other for dead animals) The four proposals offering complete soluttons included tnctneratton, plasma enhanced melter, Canada based KDS disintegrator system, and amulti-prong SW management approach using traditional hauling, landfillmg, and recycltng to handle most M14SW' and Plasma Waste Converter to handle household hazardous waste Upon concluding a thorough review and evaluation of the proposals submttted, flits admmtstratton recommends the proposal submitted by West Hawau Recovery Systems, LLC proposing a multi-prong approach to provtde cost-effective, long-term and erivtronmentally acceptable soluttons to manage East Hawatt's mumctpal solid waste WHRS Incorporates m its proposal swell-rounded variety of proven technologies such as landfillmg. hauling, waste separation, diversion, recycltng, composting and Startech's Plasma Waste Com~erter to handle S W m East Hawau Thts recommendation is further supported by the following strengths of the proposed process I QUALIFICATIONS, EXPERIENCE AND FINA~]CIAL STABILITY The Offeror prides itself as the largest (2~0 employees), locally owned recycltng and refuse hauling business m the State of Hawau bacl.ed by over thirty (30) years of real life experiences In the business and verifiable operations including being the only private operator of transfer station on Oahu and reputable affiliates on Maw (Valley Isle Dtsposal, Inc and Paatic Bto-Dlesel) and Kaual (Garden Isle Dtsposal. Inc ) The offeror received his Bachelor's Degree to Business Administration m 1976 from the UH-Manna with maJors to economics and statistics and enlisted [he following four highly qualified technological consultants m this venture a Joseph Longo M E ,founder, chairman and president of Startech Em-ironmental Corporation, 25 years of waste industry management experience b Joseph Kitmek COO , Sr V P of Startech Errvtronmental Corporatton, internationally recognized expert in the safe destruction of lethal chemical weapons and other dangerous materials c Forest V.' Liang PhD Metallurgical Engineering Worldwide recogmuon as an eminent scientist and authority m the fields of advanced plasma chemistry and plasma technology d Robin H Chong Exec V P of EnviPac Partners, Inc , a company that acquires technologies through license or distribution agreements Will work w•rth Startech in the provision of local support m the area First Hawauan Bank gave assurance that WHRS has the financial capacity to successfully execute its proposal II PROCESS TECHNOLOGY/DESCRIPTION Offers a multiple approach to the management of municipal solid waste for East I-[awau (landfill, hauling, recycling to handle most MSV.' and Plasma \\'aste Converter to handle household hazardous wastes) Proposes the construction of 4-~ acres C&D (Construction and Demolition) landfill at die Glover quarry site that would also serve as a transfer station and recycling plant The offeror stated m ns final offer [hat WHRS is prepared to secure tinanang independently should County financing is not available to \l'HRS } The \1~'HRS~ transfer station (similar to Honolulu Disposal System on Oahu) will recen'e \4SW from 1 ~ transfer stations m East Hawau and all o[hei haulers Revenues denyed as upping fees from other haulers will be 100 percent income for the County to collect Separation and segregation of waste occurs at the C&D/transfer station where green wastehvood will be chipped and processed for compost and soil amendment Culling of other recyclable items such as newspapers and cardboard will also be done here whenever permissible [t s at this stage where waste diversion is maximized and recycling opportunities are actualized Remaining solid wastes will be compacted and hauled to be landfilled at the Puuanahulu landtill A successful rent-free arrangement with the state for a C&D landfill/transfer station/recychng plant means all construction and demolition waste will be disposed at the C&D landfill instead of hauling to Puuanahulu thus decreasing Ste' volume to be hauled and a cost saving for the county of $ ~2 00 ($43 tipping fee plus $ 9 rebate) per ton of MS~~' diverted from Puuanahulu The Recycling Plant to be constructed will have the capability of producing Bio-diesel from used cooking oil and aloes-grade furnace fuel from grease trap waste ~'~~hite goods will be accepted and will be recycled by local recyclers Household hazardous waste will be processed by a transportable ten (10) ton Startech Plasma Waste Converter - a clean. electncalh~ driven system utilizing an ionized plasma arc to produce intense energy source with temperature as high as 30,000 degrees Fahrenheit and brea6s apart the molecular bonds of hazardous, non-hazardous and odter materials into elemental coiponents While achieving material recycling and resource recovery and waste volume reduction, the systems recovered products can be used as fuel gas, silicate materials used as quality aggregates m ceramics. abrasives and construction industries and the metallic components can be sold with tittle or no additional processing To maxunize its recyclme component, the otteror will install recyclable (glass, newspaper, alununum cans, cardboard bores) separation containers at 13 east Haw;w County transfer stations, at the ~'?HRS transfer station and at selected school sites In addition to periodic collection of these recyclable containers, l4'HRS will develop a prograni that will provide monetary 3 tncenttves to conununtttes or groups that are actively involved to recycling The offeror also indicated that HHW would be collected m a similar manner at 13 east Ha+vatt county transfer stations and at the WHRS transfer statton The proposed iv9SW solution could be operational m two (2) years and four (4) months Thts timetable includes construction of WHRS facilities, environmental assessment and permit acquisition, purchase and installation of a l0 ton PVVC, and the purchase and delivery of a transfer compactor and other equipment The proposed facility will be open seven days a week 7 30 am to 4 30 PM and closed to the public but open to County refuse workers on holidays An operator, manager and tw•o helpers per shift +vtll staff the PWC system 4• Three operators and four helpers will man the WHRS transfer statton Ten (10) dnvers will be required to manage operate rolling stock and recycling operattons III ENVIRONMENTAL ISSUES AND COMMUNITY ACCEPTANCE While the Offeror has never violated any environmental compliance laws, WHRS plans to meet all permitting requirements from the County land use authorities, the State of Haw•an Department of Health and the Federal government pnor to the construction of the main transfer statton, C&D landfill, recycling plant, installation of PWC and the operation of MSW collection, compaction and hauling operattons The Startech PVC system has been examined by US-EPA and determined that the system qualifies as an alternative thermal destructwn process to place of incineration The system's environmental performance is far safer than U S and Canadian Environmental Standards and Regulations The offeror ++tll conduct an envtrorunen[al asscssment pursuant to Section 34>-~(a)(1), HRS and w•tll address the project's unpac[ on sods, groundwater, surface water, and storm water drainage, Hood potential, climate and air quality visual aesthetics, noise and trattic Ttansportatton of solid waste to 4 the Puuanahulu landfill w•tll be accompitshed to fully enclosed and government approved transport containers To garner community support and public acceptance of the offeror's proposed process, WHRS will conduct a serves of regional public mfomtattonal meetings m East Haw•au to inform the public about the various processes, including the PWC system, mvoh•ed m drvertmg MSVv m [he area Continued outreach effort tivough Irterature and advertising campaign will also be conducted to promote recycling m vanous communities IV PRICE, WASTE QUANTITY AND DURATION OF CONTRACT VVHRS' proposal requires a minimum of 170 tons processed on a daily bans at a cost of $ 98/ton dunng the first five years then the pace goes up to $10~/ton dunng the sixth through tenth year of the contract To assts[ the County m meeting the minimum tonnage of MSW, the offeror is willing to accept MS~b' from other sources and pass on the revenue to be realized from upping fees for the Department to collect Arent-free lease arrangement w•tth the state and construction of a C&D landfill/transfer stauon/recychng plant will not only yield maximum waste drverston from any landfill including Puuanahulu, but will offer great cost saving for the County of $52 00 (ttpputg fee and rebate) for each ton of waste diverted from the Puuanahulu landfill Thts will also drastically reduce hauling of waste from East Hawau to Puuanahulu The offeror's cost per ton is fixed dunng the ten-year duration of the contract but is w•illtne to consider negotiated contract modttications through agreed upon-change orders or contract eatenston V THOUGHTS AND AFTERTHOUGHTS TO CONSIDER [N SUBSEQUEN f DELIBERATIONS • The proposed process offers a complete MS~Y management solution hence «ill impact on current Sultd V?aste operations and programs 5 • The pncutg structure will require at least $6 million appropnauon during the first year miplementation of the contract (2003) • [n the event that arent-free lease agreement with the State is not realized, the County has to find ways to offset an addmonal 52 6 million tipping fee at Puuanahulu thus it would be to the best interest of the County to aggressively pursue and secure arent-free lease agreement w•nh [he State • The creation of a new Environmental Management Department will certainly dictate [he direction of MS~~' management in [he future • The County of Hawau's Integrated Solid ~4'aste Management Plan is long overdue for an update The revised plan should provide the framework for future Countywide SW management • According to the County of Hawaii's Integrated Solid Waste Management Plan, along-haul alternative (East Hawau to Puuanahulu) is consistent with the Cowtty's ISW'M Plan and [he State's IS~1'M Plan, has high adaptability to changes, regwres no long-term agreements, and easy to implement with medium cost of implementation y 6 REQUEST FOR ADDITIONAL INFORMATION FOR DETAILED BEST AND FINAL PROPOSAL FOR "fHE FURNISHING OF SERVICES TO ACCEPT, DIVERT AND D[SPOSE OF MUNICIPAL SOLID WASTE 1 Considering [he magnitude of the proposed process to manage municipal solid waste m East Hawau, please elaborate on your plans to garner community support and public acceptance of your proposed process Please discuss in detail your approach m dealing with var}•mg degrees of community opposition to your proposed project Please mdtcate and provide discussion on the ability of r•our proposed solution to incorporate community input and concerns into your proposed operations While the RFP calls for long term and permanent solutions to the Department's Solid Waste management and gradual decrease of reliance on sanitary landfills, please mdtcate and explain the most realistic minimum contract years and minimum waste stream volume required by your process to realize full economic viability while successfully achieving the scope of work called for by this solicitation How would new diversion programs and associated decrease of municipal solid waste entering the waste stream significantly impacts on the pricing structure of cos[ per ton of solid waste processed under your proposed process 3 If cost changes are antuipa[ed during the duration of proposed process, please provide detailed dtscusston on the basis for proposed cost changes If your process calls for minimum waste quantity and the County of Hawau is unable to deliver such minimum, will you be w•tllmg to process solid waste materials from other sources If so, please provtde discussion on your abthty to separate/dtstmgwsh costs and residue expenses associated with other sources 4 As stated m this solicitation, the Hilo landfill is expected to close soon Hence diversion of muntctpal solid waste from the landfill is even more critical and of significant importance to the Departinent while the successful offeror's proposed process undergoes the developmental stage of the project If your proposed solution will involve waste residue disposal and/or waste hauling to the Puaunahulu Landfill, please provide discussion on how your proposed process will address costs associated with disposing of residue and/or hauling Y}om your proposed location of operations as wcll as community acceptance and conformance to environinental statutes ~ Please provtde additional and supporting mfonnation regarding proven track record of [he proposed process and previous e~penences m relation to various Federal, State and or Local government permrthng process (e g Dept of Health. EPA, EIS EA. DLNR, etc) Discuss internal controls that will ensure compliance with relevant environmental laws and procedures to contain and control an} leachate [hat materializes from proposed process prior to, and subsequent to processing If available, please provide venfiable information on the reltabtl~ty, efficiency, effectiveness, maintenance requirements, number of years m operation, number of similar facilities, operational dependability, etc ,and safety features of your proposed process which will be helpful in assisting the County to ob~ecuvely evaluate your proposal 6 Please address the issue of closure or termination of contract/operations Indicate and discuss who will be responsible for needed clean up, associated assurances, restoration and ownership of contractor's site upon termination of the contract 7 If recycled waste residue is mazketable or of commercial value, please discuss proposed ownership of recycled residue including projected estimates of revenues generated from recycled residue Also include discussion on revenue estimates from energy denved from the proposed process 8 Laws im•olving wages paid to employees under contract m excess of $5,000 00 must be paid at wages or salaries not less than the wages paid to public officers and employees performing similar work Please provide discussion on haw you plan to comply wdh the following laws, A Chapter 103-55, HRS - l1%ages, hours, and w•orkmg conditions of contractors supplying services B Chapter 104, HRS -Wages and hours of Employees on Public Works 9 It is possible that changes m technology over the term of the contract will make the continuation of the contract economically unfeasible How does the contractor propose [hat this contingency be handled At what cos[ could the County purchase the amortized remainder of the contract 10 «`ha[ adjustments will be made m the contract for penods that the contractor's facility is inoperable, either for routine maintenance, breakdown, or other reasons such as labor acnon~ 11 Define the responsibility for obtaining necessary permits How will responsibility for delays m permitting be apportioned 12 Clearly define what types of waste are acceptable and what types are not acceptable under your proposal 13 Define responsibility for futwe regulatory changes, which may regwre substantial modifications to contactor's facility, or even make continuation of the contract mipracucal 14 How much, and from what source, does contractor propose to obtain insurance against spills, contanunat~on, or other significant vrolation of environmental laws' I S Have you, your pnncipals, related companies, or the supplier of your technology, been found m violation of any environmental laws' [f so, please descnbe m detail 16 Will the contractor process material from any source, other than the County at their factltty~ If so descnbe 17 Clearly descnbe apportionment of, and estimated amount of enerey or recycled by-products 18 Provide any other information, data, supporting charts that will assist the County m evaluatme your proposals v o, N~ OJx, Stephen K 1'amashiro -.l 41a~or qpe' J+roA Sumada M..• """iq Deputy Ch+e(Engmeer M~•' ; •2y`• o, x•1,y 1j IIIIIIf~T II1 ~r-12IfU~tll DEPARTMENT OF PUBLIC WORKS 25 Fupuni Street Room 202 • Hilo, Hawan 96720-0252 (808) 961-8321 • Fax (808) 961-8630 August 25,2000 To All Prospective Offerors RE CLARIFICATION Request for Sealed Proposals for the Fumtshtng of Setvtces to Effectively and Economically Accept, Dispose and Divert Municipal Solid Waste from the Hdo Landfill The following are responses to written questions received by August 21, 2000 Q What is the number for this prolect~ A There is no number jot this pro/ec! A contract number will be assigned upon ezecurton oju legs( conlrac(. Q The County of Hawan states that County Employees will be hauling the traders from the transfer stations to the Htlo Landfill, who is supposed to haul, the restdue from the diversion facility to the landfill, whether it's the Htlo LandFll or the Puuanahulu Landtill~ A County Employees are hired and compensated only !o haul (ratters jromCounry lransjer s(a(ians ro the landfills They are no! currently compensated nor required !o haul residue rubbish jrom a drverston jactltty is the responsibtltry ojthe Ojjerorlo haul or pay someone including the County, (o haul residue rubbish jrom a diversion jactltry to (he Puuanahulu landfill to the ju(ure (Hilo Landfill wt/! be closed) All cost rela(ed to restdue haultng must be included in the Ojjeror's cost estimates Q Who is responsible for the operation of the work that is done by county employees' In other words, who tell them what then dunes area A fVork perjornied by County employees is covered by (heir government union contract and then assigned tasks, dudes andlob descnpdons ore discussed to their conlrac! as negotiated by (heir ninon and die County ojHawau Q Rrho is responstble for paying County Union wagesv A The County ojHnwau a responsiblejor Caunry Employees' xages Q Does this cost (County Cmployees wagesn) have to be included u'rth my RFP~ A h'o Q Docs the County have any obleeuons or concerns regarding the subcontracting of portions cf this RFP to other qualified coinpantesv 4 A'o, prorrded d;a~ proposals srbn:uled must indicate (he pordars o(!he pr o~ect to be a+bcontracted, Horne o(the proposed subcontractor, tjknor:n tom/cost ojtiie subcontrncled patron ojd;e pro/ec! m;d proposed payment plmi by the cauractnr to d;e subcoriracror It ,hou!d be rioted he,+ever, dint ant• dejauh bi a subcauractor is the responsibd:rt~ o(d;e rorlracmr mid nmy ha, c ranuf,•ca::as !o du' connnunncc or r~rc„ nl ofa cnntrcct Q la iiic County open to alums venn:rc Proposah 4 Ies Q Can a list of prospective offerors who submuted Lctlers of Intent be made available to all Offerors w•ho submitted Letters of Intcnt~ A Yes See atordunem A However, as included mid sorted m the FAQ ojthe R.FP pcckage, nn names ojOjjerors who submits a Proposn( will be nmdc available m prospecm e OlTerors Q Will the County continue to maintain a landfill for waste that is unacceptable to (Firm's name) disposal system A The Hrlo landfill is operated by the Covnn• r. idi strict caijarmance to Federal Stare and County regtdanons regarding smutary landfills Hoxetier, as sorted m die RFP, the Hilo landfill xv? exhaust ds permuted capacuy sometime between 2003 ro 2005 hence contractors are being sought to propose solutions that will prowder permanent and cast eff'cuve means ojmanagmg the County's solid waste x hde allowing jot c/osure ojrhe N. do Landfill Q Does the County of Hawau have the legal authority to direct the Oow of solid waste currently delivered by pnvate haulers (to the Hrlo landfill) A Yes Private haulers are directed to the appropriate working face area ojrhe /cndfil! xhere filling is ongoing Q Does the County of Hawau or any pnvate hauler have any arrangements that would af7ect t}ie volume o(was[e available to the proposers A None that the County rs aware of Q Please explain the meaning of paragraph 19, Ownership Vested in County, contained in the section entitled "Special Conditions," as it may pertain to aWaste-to-Energy facility A The sec(ron is self-explanatory• Offerors proposing technologies that will yield marketable waste by-products may include a revenue sharing plan that may result in sound business relationship between (he County and the Contractor As staled in Seclron 4 3 ojrhe RFP, the contract will be awarded to the Offeror whose proposal is deemed most advantageous to the Caunry, taking rn(o consideration the result ojrhe proposal evaluations conducted by thefive-member County proposal review pane! and ne¢otia(ed contract terms which result in sound business relationshr~ between the County and the Contractor that is m the best in(eresf to the public Q Please give a complete manning table by position, for all UPW w•orkzrs im•olved directly wnth landfill operations only at the Hilo landfill A See attachment Chart VI - A Q What is the County's most recent protection for municipal solid waste that would be available for diversion to (Firm's name) by categories as listed in RSP, Table I ,page S, for the next 20 years A The Counq~ does not have a 20-year pra~echon on diverted waste Section / 32 discusses cwrent diversion acnvihes in the county Also, the paragraph below Table I on page 5 talks about green x•nste diverted by Renew Hawau Ro crt anabu Chief E nezr Cc To 411 Prospcctn~e Offerors who submitted Letters of Intent 0c < j pG C1L 0'J L _ o G r1 ~ o oA _i v n n v o n n O wwNNO -.n C ~1 W W V~ W N C ob4C-•b on Hen p.J-•> > ~ O~ NOG ;~^n wwt..w D~ ~N ~ oo ocLLL ~ n JJC~rno. n n D¢ Q r -cwN^ ~ - _ G --I n w v °'u ~~u wo n n (A w0 y ry G = N p U N p 'J n a~ ~ C C q .Lp AUAN AC LAU < ~ N L O b N O- C F V9 Ttnn G n ~ bbbA ~ A H Oa InPN- (A~ _ Wr'c z - ~ n r.r W W W N N fA N ap°~bo~~_- BOO W 3- W D\ N~ G t /1 1~ O C ~LJ ~ru~~ I > ` V O 0 .t m -"1 S y U] P~ F n^ d ~ rf• u ~ ~ n _ ~ W W W W N y 0 O C O N R OOObJO~ yty~N OoG P A G W~ ~ O bOOObfF~ C poOOn ` ~ ! O J=. /y/O~ Y o- g ti o ~ A~ ^2 W ~ N ~1 y, o~, ~ N ~S ~ ~ aaarntn ~ ~ f~, 000 F, o o'o°q p o0 o hr ^wNOG PU~,~ dJJ F6 C 1--, O n n ~ ~ p~N p v~ ~ u n 0 0 0 ~ n n W W N NN (/`i/` O' ~ W W W V lAN O ~ b ~O L'JCY. G N ~'F lAw G C w o i wo Ciy ~V` y< L_ c a- o~ ,_n WC ~ u r, H _ n r r ~I o. -i ~ o c' " L U ~ v L ] N p r o ~ o N~ - _ ~ C _ ww NtJ Oy. V. W VJ V~~ L i ~ s _ O c-; a - _ ^ ti = rr n -s ~ v NNN(/'N fyJG~ l J U~ C N U L G~ r~ ~ V LO-2 ~£Ji= Q'~ C V-J 0^y Vr L nc_: p.^_ ~ .1 Nj5 t7 ~ ~ J b - C o - ATTACH:~iENT A - LIST OF PROSPECTIVE OFFERORS WHO SUBMITTED LETTERS OF INTENT Cl;~dc Kaneshuo HONOLULU DISPOSAL SERVICES, INC P O Box 30968 Honolulu, ICI 96820 Patnck M Gorman SUNSET PET MEMORIAL SERVICES WASTE ABATEMENT RESOURCE SYSTEMS P O Box 4125 Hilo, HI 96720 Deb Monshima ASIA PACIFIC ENVIRONMENTAL TECHNOLOGY 1088 Btshop St, Suite 1130 Honolulu, HI 96813 Steve Cassulo WASTE MANAGEMENT, INC 92-460 Famngton Highway Kapolei, HI 96707 Ray Kuruhara HILO COAST POWER COMPANY 888 Kalamanaole Ave Hilo, HI 96720 [Ihnois Rosano ORCHID ISLAND RUBBISH AND RECYCLE P O Box 5284 Hilo, HI 96720 Margaret Pahio BUSINESS SERVICES HAWAII P O Box 4904 Hilo, HI 96720 Jeny Chang PUUEO PUMPIiv'G, INC 218 S ~~hlder Rd Hilo, HI 96720 James C Banmgan, 1? HAWAII METAL RL'CYCLING, CO 91-056 Hanua St Campbell Industnal Park Kapolei, HI 96707 NOTICE REQUEST FOR SEALED PROPOSALS FOR THE FURNISHING OF SERVICES TO EFFECTIVELY .4ND ECONOMICALLY ACCEPT, DISPOSE AND DIVERT MliNICIPAL SOLID WASTE FROM THE HILO LANDFILL The County of Hawau hereby provides public nonce to invite persons, companies and firms engaged in Solid Waste Disposal described below to submit letters of intent and proposal pursuant to the provisions of Chapter ]03D, HRS and Title 3, Subtitle 11, Chapter 122, Subchapter 6, H.4R Solicitation documents and instructions may be obtained from Department of Public Works County of Hawau 25 Aupunt St Room 202 Hilo, HI 96720 Written questions shall be submitted to the above address no later than August 21, 2000 Letters of Intent to submit a proposal must be submttted to the above address no later than 400 p m on August 21, 2000 Proposals will be received up to 4 00 p m on September 5, 2000 in the Office of the Chief Engineer, Department of Public Works, County of Hawaii, 25 Aupunt St Room 202, Hilo, HI 96720 DEPARTMENT OF PUBLIC WORKS -SOLID WASTE DIVISION The County of Hawaii is seeking services of a qualified company or firm to accept, dispose and divert municipal solid waste generated in the eastern communities of the Big Island The tntent of this solicitation is to contract with a qualtfied provider that will halt the flow of solid waste entering the Hilo landfill and allow for its closure Compensation will be based on a per ton basis for solid waste accepted and dn~erted from the Hilo landfill Residents of the eastern portion of the Big Island, generate approximately 200 tons of solid wastes per day Approximately 50`~ of the daily tonnage is attributed to residential wastes delivered at the Hilo landfill and those collected from the 13 East Hawaii transfer stations Commercial haulers, government agencies, construction, landscaping, and maintenance industries deliver the balance of solid waste Offerors shall demonstrate competence, qualifications and financial strength to implement and sustain operations necessary to accept, dtspose and dn•ert solid waste on a commercial scale Offerors shall also demonstrate environmental soundness of its proposed operations to accept, dispose and divert solid waste The County plans [o administer this procurement process m three stages The first stage will ask Offerors to provide m their initial proposals [ntormatiai on the qualifications, experience and financial stability of Offeror Information on enivironmental impact(s) of proposed operations for East Hawan Technical information on the spectlic technical approach for Hilo landfill including what portion of the solid waste stream the Contractor proposes to handle Information on cost estimates and cost sensitivity regarding guarantees, tf any, on amounts of solid waste to be processed by the Contractor Suggestions for contract terms and conditions that will help assure success of the protect while providing adequate safeguards for the County, its citizens and the environment Based on the information submttted in the first stage, the County will identify the overall approach to waste stream management deemed most beneficial and advantageous to the County After classifying potentially acceptable and acceptable proposals submttted by responsive and responsible offerors, the County will select only the top five (5) ranked and priority Itsted offerors to participate in the second and thud stages of the procurement process Selecting only priority Itsted proposals allows the County to further evaluate and compare proposals in detatl offering technologies for the same segment of the solid waste stream, making selection process dependent on best and final proposals On the other hand, proposals offertng varying approaches may appear equally attractive thus regwnng further information and detatl or discussion before final selection can be made Only Offerors who submttted proposals identified as prtortty listed proposals w•tll be allowed to submit detailed best and final proposals incorporating specific cost proposals and supplementary information as requested by the County In addition, representatives from the top five (5) priority listed proposals maybe required to present their proposed technology at least once in front of the members of the proposal review/evaluation panel The third stage will include further price/cost negotiations and evaluation of each Offeror's responses and handling of questions posed by the review/evaluation panel during stage two of the proposal selection The County plans to complete review and evaluation of the first stage proposals and to issue a request for detailed best and final proposal to Priority Listed Offerors within 21 days after the due date for first stage proposals stated in Section 3 7 of the RFP instructions Each Priority Listed Offeror will have a minimum of 14 days to submit a detailed best and final proposal Under the discretion of the Finance Director and the Chief Engineer, an extension due date maybe granted if substantial supplementary information is requested All priority listed Offerors will be given the same response time The County reserves the right to reject all proposals, waive formalities and [o reject non- conforming, non-responsio•e or conditional proposals, to make no award or to make award or to take any other action m the County's best interest Offerors who are interested and capable in provtdtng the services listed shall submit a Letter of Intent and an Original Proposal plus 5 copies to Chief Engineer Department of Public Works, County of watt 25 Aupuni St Room 202 Hilo, HI 96720 Haw•an Tnbune Herald Rob t K nabu, Chief Engrneer West Hawau Today Honolulu Advertiser Sunday, August 6, 2000 [FAQ'Sl FREQUENTLY ASKED QUESTIONS REGARDING THIS RFP Q What is the absolute deadline for the County to accept proposals for this RFP'r A Proposals must be received (not postmarked) and trine stamped by the Department of Public Works on/or before 4 00 p m September 5, 2000. It rs the responsibtlrry of the Offeror that his or her proposnl wrll be recerved by the County on/or before t/te stated deadlme Q Is inspection or visit of current Municipal Solid Waste Disposal Operation allowable to prospective Offerors A Inspectron or visrt of the County's Sofid Waste Disposal Operation is permissible provided art appointment for such visit 6e made first with the Department of Public Works Q Does a prospective Offeror have the freedom to submit a proposal that is only a component of the complete Solid Waste stream? A Proposals maybe submitted only to address a specific portion of the Solid Waste stream or may submit a proposal for the whole solid waste stream Q. Who is sitting on the proposal review/evaluation panel and will their names be made public A Members of the County appointed review/evaluatron panel enclude the Finance Director, Managing Director, Corporation Counsel, the Chief Engineer and the Deputy Chief Engineer Every effort is made so that the contpositron of the revrew/evaluation panel will rnsure professronal rntegnry while takrng serrous considerations of County and community interests Q Are the necessary Tax Clearances required by the submission due date of initial proposals A No Tar Clearance cenrficates are not required wrtli the submrssion of proposals on the proposal due date of (date) but will be requrred rf selected as successful offeror and before a contract can be awarded or executed Q Is a bid or performance bond required with proposals A A bid bond is not required but a contract performance bond is requrred in accordance with Section 3-122-222, HAR (see Attnclr A) Each Offeror shall submit a proposal that ntcludes provrdu:g a performwnce bond of (nununum) 5070 of tl:e total contract pace Q Is there any limit on the number of proposals an Offeror may submn~ A Yes An Offeror may submit only one (I j proposal for this sohcitatron Q What's the County's current operating budget for Solid Waste Management A The County's Solid Waste Drvision has a current budget of about $ 8 7 milleon of which is almost equally divrded between East Hawaii and West Hawaii operations 77te Hilo landfill, hauling, and maintenance of the 13 East Hawarr transfer stations have a budget close to $ 1.5 million About $ 700, 000 00 has been appropriated for Drversion, Recycling and Composting activities for both East and West Hawarr. About half a mrlhon dollar is budgeted for refuse reduction programs attd about $ 430, 000 00 is earmarked for the collection and disposal of abandoned vehicles, scrap metals and used oil and batteries The Drvrsron receives an annual glass recycling grant of $216, 000 from the rite State's Department of Health Funds for municipal solyd waste management come primarily from the County Genera! Fund and tipping fees at the landfills Q Can a list of Offerors to this RFP be provided to other prospective Offerors A No The list is confidential Q Can a list of Commercial Haulers be provided to prospective Offerors A Yes Attachment 1/ indreates commercial businesses that delivered 10 tons or more of Municipal Solid Waste to the Hilo Landfill for the first three months of year 2000 The list reflects a monthly average of 1, 950 86 tons delivered and a daily average of 65 tons of MSW delivered by the 28 commercial businesses. Q Can a timetable of key and important dates/deadlines regarding this solicitation be provided A. Below is a listing of important dates relevant to this RFP Public Nonce Publication Sunday, August 6, 2000 Deadline to Receive Letters of Intent Monday, August 21, 2000, 4:00 p.m Deadline to Receive Questions re RFP Monday, August 21, 2000 Deadline of Proposal submission Taesday, September 5, 2000, 4:00 pm Review/evaluation of initial proposal (Within 21 days after Prop Deadline) Notification sent to offeror re results of (Wahin 21 days after Prop Deadluie) review/eval of moral proposal Deadline for pnonty listed Offerors to (Minimum of 14 days after notification) submit detailed best and final proposal Review, discussions, presentation by (LVUhm 30 days after receipt ojfinal proposal) Representatives of pnonty listed Offerors to proposal review panel Panel selects best proposal and forward (3 dm's after conc[usron ojnegononons) recommendation to b4ayor Attachment II LIST OF COMMERCIAL BUSINESSES 10 tons or more MSW Delivered to Hilo Landfill January 1, 2000 to March 31, 2000 Tons Name of Business Address Phone Delivered 1 Business Services Hawaii PO Box 4904, Hilo, Hi 96720 935-2566 2,542 56 2 Environmental Recycling PO Box 5294, Hilo, HI 96720 935-9328 943 82 3 Pacific Waste PO Box 44503, Kawaihae, HI 96743 882-7295 741 81 4 Leo's Rubbish Service 271 Kekuanaoa St Hilo, HI 96720 935-5850 313 44 5 Ace Hauling 60 Kapaka St ,Hilo, HI 96720 959-9027 191 82 6 Orchid Island Rubbish & Recycling HCR1, Box 5228, Keaau, 96749 959-1712 143 28 7 Rick's Rubbish Service PO Box 6037, Hilo, HI 96720 935-0196 110 80 8 Cap's Rubbish Service 842 Hele Mauna St ,Hilo, HI 96720 961-6776 108 87 9 DOH-Hilo Medical Center 1190 Waianuenue Ave, Hilo, HI 96720 974-4756 108 57 10 Kulana Foods PO Box 963, Hilo, HI 96720 959-9144 87 58 11 C & F Trucking Co 537 Haihai St ,Hilo, HI 96720 959-4843 76 53 12 Leo's Recycle 271 Kekuanaoa St Hilo, HI 96720 935-5850 71 70 13 Gabe's Rubbish Services PO Box 198, Papaikou, HI 96781 964-1204 70 82 14 Volcano House PO Box 53, HI Nat'I Park, 96718 967-7321 62 05 15 D 8 D Rubbish Service PO Box 637, Kurtistown, HI 96760 966-7215 50 46 16 Suisan PO Box 366, Hilo, HI 96720 935-7161 46 76 17 Jo's Maintenance PO Box 6663, Hilo, HI 96720 935-3569 44 35 18 Rosario's Rubbish 15-2741 Ahi St , Pahoa, HI 96778 982-7344 33 09 19 James Ishii, Gen Contractor 146-A Mililani St ,Hilo, HI 96720 935-0529 33 09 20 Countryside Express PO Box 10782, Hilo, HI 96721 966-6525 31 13 21 Floral Resources 175E Kawailani Sl ,Hilo, HI 96720 959-5851 23 82 22 Stan's Contracting 77 Silva St ,Hilo Hi 96720 935-2566 23 74 23 Hilo Steel Works 240 Makaala St ,Hilo, HI 96720 935-9289 20 60 24 Willocks Construction 16-209 Melekahiwa PI Keaau, HI 96749 982-9099 15 84 25 S&A Haraguchi Construction 442 Noe Sl Hilo, HI 96720 935-1364 14 67 26 Kenneth Waltlen Construction 1389 Kilikina Sl ,Hilo, Hi 96720 961-2517 13 54 27 G N Sanborn Contracting 2916C Ainaola Dr Hilo, HI 96720 959-6458 12 94 28 Concept Development 558 Kanoelehua Ave ,Hilo, HI 96720 935-0279 10 28 Total 5,947 96 ATTACHMENT "A" -HAWAII ADMINISTRATIVE RULES Section 3-122-223 § 3-122-222 Acceptable bid security, contract performance and payment bonds, (a) Acceptable bid security and contract performance and payment bonds, pursuant to section 103D-303, HRS, shall be limited to (1) Surety bond undenvntten by a company licensed to issue bonds In this state, (2) Legal tender, or (3) A certificate of deposit, credit union share certrficate, or cashier's, treasurer's, teller's, or official check drawn by, or a certified check accepted by a bank, a savings institution, or credit union Insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and payable at sight or unconditionally assigned to the procurement officer advertising for offers These Instruments Trlay be utilized only to a maxirnum of $ 100,000 00 If the required security or bond amount totals over $ 100,000 00, more than one instrument not exceeding $ 100,000 00 and issued by different financial mstitutrons shall be accepted (b) All documentation provided to the purchasing agency shall contain the original signatures signed In ink [Eff 12/15/95, am and comp NOV l7 1997] (Auth HRS §§103D-202, 103D-323, 103D-324) (Imp HRS §§103D-323, 103I)-324) APPENDIX I EAST HAWAII TRANSFER STATIONS - 1999 - Transfer Station's Namc Location Numbcr o(Chutes KEAAU Puna 2 PAHOA Puna 2 KALAPANA Puna 1 VOLCANO Puna 1 GLENWOOD Puna 1 HILO South Hilo 4 HONOMU South Hilo 1 PAPA[KOU South Hilo 1 LAUPAHOEHOE North Hilo 1 PAAUILO Hamakua 1 HONOKAA Hamakua 1 PAHALA Kau 1 Vr'AIOHINU Kau 1 TOT~~L TR.A\SFER STATIONS 13 APPENDIX IA I w1 p, o f'T/I KMUH U AAU N o TH ~ KOHA A Axurv~LE wa PI o ~ Ft?dQC ° KAwa ° aMr;A o z ~ s iz ° PAAU l0 OOK SCeLE IN MILES P U4K0 SOOT ~ KOH avAJ?go.~a_ ~ LAUP ¦ HAMAKUA r~1E u p~,~ U I PEPEIX EO SOUTH NORTH HILO ° PAPAIKCU NORTH KONA HILO o • LO o LlY1-KWA I ~ KEAAU K EAI~~U ' KLRTI STOWN KEPLAK E+CU4 ° MQlRAlN NEW ~ KCIAE° CiBIMA7Cbo PMi~o EEI ¦ vCt o~ PUNA wa EA 1 OUTH ' KA1,nPOTWo ONA ~ KAU @,Pa-NLA MILQII @ LEGEND ° w`"~~~''j~ ® TRANSP ER STATION O EXISTING LANDFILL ~ © ~v/E+W LANDFILL ?4i~U~VJ MAJOR HIGHWAY CENSUS DISTRICT BGUN DAR ° CITY OR TOWN AI'I'ENDIX II I.IA o pJTJ Rr,P~ e~rte -t KINO Le o e- a x r 11oo L~ gveN e o rnn -nue KILA GA y o ~HO~H KANO e/+ua ^Iy-1 s , C 4VENVG I'.~U C D ? ~ b O 9 UI 0 ~J~r-'fie ~OVC r 7' b ane °i a Po o Joy`e~c ? n r ~ O RDIL~O ~ I- , D O 9 \ D 0 7, x Z n .C j 9 ~`O f9 O ~ O L r O B ~l 4 ~ D Z 1 D O ~ J O \ / O_ \ 0 Ex/571N0~ I S ~KCe7 OL / ~ o/ Vti ti D S' PON bIN9 / O ARPA > / C~ b~ I O' c~ / I / I~ HILO LANDFILL MAP h~4147CEG, SOV7H NlLO, 1{44J4 I 74X MGP KeY 2-1'19 20~ o [ooo ~ _ I SC~Le IrJ aE e7 APPENDIX IIA - H[LO LANDFILL SITE LAYOUT TAX M.AP KEY 2-I-13 d+ll ~S i ~ ~ T ~ a ~ R IDS/~, ~ ~ I ((1111 ~0/ ~ `U•;ia ~'1~~ 11 ~ / ~j . ( _ ` / R 110 O . I IANDEtLL Axra - -~I I/, ~ ~ : ~ r - l~ I o ~ ~ ~ ~ •o \ ^I ~R I25 ~ - R 120 R l15 '1~- ' ` f~~^ ~l ; ^ ~ ~ ~ p 1 / 1` 1 _ ~ C ' ~ 1 ~ - Z. _ i ~i T" ~ aiu u. a 120 - R los ~ ! JM \ ! ~ ;O .t R 115 ^ ~~v[~sr I` a 120 ~ ~L ~L~ ~ j R ios s ' 1, ~y ~ 1,x.1 ~ I j - SPECIAL PROVISIONS - 1. General. Ttte furnishing and delivery of the services specitied herein shall comply with these Special Prob'lSlOltS, Soltcttattan, Scope of Rork and Ax•ard and Genera! Terms and Co~tdinotts, all of which documents the Offeror understands and agrees to are attached hereto and by reference made a part hereof 2. Duration of Contract. Contract shall be mule-year type, renewable for tive (5) additional 12 month contracts and be effective according to the date contained to the fully executed contract between the County and the Contractor At the option of the County, and upon receipt of Contractor's request to continue services, the contract may be renewed for additional contract periods provided all legal and contractual agreements have been satisfactory met and that the Finance Director declares that sufficient funding and appropriation for such contract renewal is likely available 3. Submission of Questions, Concerns and Proposals. All questions, concerns and proposals relating to this solicitation shall be submttted to writing to Chief Engineer Department of Public Works County of Hawaii 25 Aupum St Room 202 Hilo, HI 96720 Proposals shall be submttted to a sealed envelope furnished by the Offeror Said envelope shall be clearly marked with the Offeror's name, address, solicitation opemng date and number d. Payments. Payment will be made as soon as practical to the normal course of business upon proper invoicing and satisfactory delivery of services. Invoices should be mailed or delivered in quadruplicate to the Department of Public Works, 25 Aupunt St Room 202, Htlo, Hawaii 96720 or to such other department or agency as may have requested servtces 5. Performance Bond. A performance bond indemnifies the County against loss resulting from the contractor's failure to perform the contract as specified Pursuant to Sec 3-122-224, HAR, the Offeror shall submit performance bond of (minimum) 50`70 of the total contract price when specifically required by this solicitation to be delivered the same time the contract is executed 6. Tax Clearance. For contracts $25,000 and over, the Contractor before entering into a contract with the County of Hawaii, will be requtred to provide the Countv with a current State and Federal tax clearance certificate from the Direc[or of Taxation to the effect that all delinquent taxes levied or accrued under State and Federal statutes against said person, firm or corporation have been paid, and any other evidence requested by and acceptable to the contracting officer to demonstrate that the Contractor is no[ in defaul[ of any obligations due to the State or Federal government or any of its poli[ical subdivisions The tax clearance must be valid on the date the contract is signed by the Contractor In accordance with Sections 103-53 and 237-45, Hawaii Revised Statutes, the final payment on this contract shall not be set[led until the Contractor obtains receipt of a tax clearance from the Department of Taxatron to the effect that all delinquent taxes levied or accrued under State statutes against the Contractor have been paid 7. Preparation of Offer. Proposals in response to this RFP shall be in the format prescribed by the RFP Only one proposal from the same Offeror in response to the RFP is accepted All prices shall include applicable federal, state and local taxes Any illegible or otherwise unrecognizable price offer shall be cause for automatic refection of the offer. 8. Laws and Regulations. The Contractor shall be responsible for being fully informed of all laws, ordinances, codes, rules and regulations, governmental general and development plans, setback limitations, rights-of--way, and all changes thereto, which in any manner affect the contract and the performance thereof, including but not !united to A All Sections of the Hawaii County Charter and Hawaii County Code B. Chapter 103, HRS, as amended, relating to expenditure of public money C. Chapter 104, HRS, as amended, relating to wages and hours of employees on public works D Chapter 321, HRS, as amended, relating to Health Department E Chapter 378, HRS, as amended, relating to fair employment practices F Chapter 376, HRS, as amended, relating to industrial safety. G. Chapter 386, HRS, as amended, relating to workmen's compensation H Section 507-17, HRS, as amended, relating to recovery on bond for materials and labor used on public works I Resource Conserva[ion and Recovery Act 42, CFR Subtitle D, relating to federal landfill requirements -2- J Chapter 58 1, Title II, Hawan Admmis[rauve Rules (HAR), relaung to prohibited materials from landfills K Chapter 3421-22 and Chapter 3421, HRS, Title 19, relating to prohtbrted materials from landfills L Chapter 343, HRS & HAR Title I1-58 1, relaung to Environmental [mpacc Statemen[ (EIS) and Environmental Assessment (EA) M Chapter 103D-315, HRS, relaung to multi-term con[racts The Contractor shall comply with all such present laws, ordinances, codes, toles, regulations, design standards and criteria, governmental general and development plans, setback limitations, rights-of-way, tnclud[ng the grv[ng of all no[ices necessary and incident to proper and lawful prosecution of work, and all changes thereto If any discrepancy or inconsistency rs discovered between the contract and any such law, ordinance, code, rule, regulation, design standard, design criterion, governmental general or development plan, setback lunitation or nghts-of-way, the Contractor shall forthwith report the same m wnting to the Officer-in-Charge 9. Evidence of Collusion or Bad Faith. If there is reason to believe that an Offeror's proposal may not have been independently arrived at in an open competetion, may have been collusive, or may have been submitted in bad faith, that Offeror's proposal shall be rejected and such evidence may be cause for the disqualification of the participants in any future solicitation for any contract with the Counry 10. Authority of the Chief Engineer and Finance Director. Any question or dispute concerning any provision of the contract which may arise during its performance shall be decided by the Chief Engineer. The decisions of the Chief Engineer shall be final and binding upon all parties unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to Imply bad faith or is not supported by substantial evidence, provided that decisions on questions or disputes relating to acceptance of the services performed under the contract, suspension or termination of the contract, extension of time, reduction or increase in the compensation of the Contractor and payment shall become final and binding upon all parties only upon approval of [he Finance Director, and provided further tha[ nothing herein shall be construed as making final and binding any decision of the Chief Engineer and/or the Finance Director on a question of law Pending final decision of any dispute or question, the Contractor shall proceed diligently with the performance of services under the contract to accordance with the decision of the Chief Engineer and/or the Finance Director -3- 11. Cooperation by the County. The County shall, without cost [o the Contractor, through the Chief Engineer, cooperate fully with the Contractor and will promptly place at the disposal of the Contractor all available pertinent information which the County may have m its possession The County will certify to the accuracy of certain information m writing whenever it is possible to do so The County does not represent that other information not certified as accurate is so and takes no responsibility [herefor and the Contractor shall rely on such information at his own risk 12. Forum Selection. No action or proceeding tin-olving this contrac[ shall be commenced by either party excep[ in the Ctrcwt or District Courts of the Third Circuit, County of Hawatt, State of Hawaii, nor shall any action commenced in such court be removed or [ransferred to any other state or federal court 13. Direction of Work The work performed, manner of performance and rate of progress of the work to be performed shall be under the direction and review of the Chief Engineer of the Department of Public Works, to be referred to as the Officer in Charge The said Officer in Charge shall decide all questions as to the acceptable fulfillment of this agreement on the part of the Contractor and process all requests and payment accordingly. In the event of a disagreement, the Contractor shall proceed diligently with the performance of this agreement and in accordance with the directions of the Officer in Charge, pending his/her final decision 14. Termination Because of Contractor's Default. The County shall have the right to enter into a new contract with another contractor and pay a reasonable compensation for such services as may be necessary to properly complete the services under the contract if it terminates the same because the Contractor. A Fails to begin work under the contract at the time required, or B Is unnecessarily delaying the performance of the contract or any part thereof, or C Is failing to perform the contract with sufficient or adequate personnel, equipment or materials or is not making sufficient progress to ensure the completion of the contract within the time specified, or D Fails to perform the contract in accordance with direction of the Officer- in-Charge, or E Discontinues performance of the contract; or F Fails to re-commence performance of the contract within a reasonable -4- time after servlce of a written order to do so if the performance had been suspended, or G Becomes insolvent or is declared bankrupt or commas any act of bankruptcy or insolvency, or H Allows any final Judgment to stand against him unsatisfied for a period of ten (]0) calendar days, or I 'vfakes an assignment for the benefit of creditors, or J Fails to pay for all labor, tools, materials and equipment, or K Has abandoned the contract, or L. Violates or fads to comply wlth any of the terms, covenants and conditions of the contract. The fee of such other contractor shall be paid from any unexpended amount of the compensatton under the contract Should the compensatton of such other contractor exceed such unexpended amount, then the contractor shall reimburse the Counry for the difference as part of the damages caused by Contractor's default. After payment of the compensatton of such other consultant, any remalmng unexpended amount of the compensation payable under the contract shall be paid to the original contractor The provlstons of this subsection shall not apply If the contractor Is an Individual and the default is due to his death or mental or physical disability 15. Independent Contractor. The Contractor shall perform the contract as an Independent contractor and shall Indemnify and save the County and Its officers and employees harmless from any and all deaths, tnJurtes, losses and damages to persons or property, and any and all claims, demands, suns, actton and liability therefor, caused by error, omissions or negligence in the performance of the contract by the Contractor or his subcontractors, agents and/or employees, until such time as actton agatnst the Contractor for death, tnJurtes, losses and damages is barred by the provtstons of Chapter 657, HRS, as amended, relating to hmitauons of actions 16. Modification of Contract. No waiver or modification of this agreement or of any covenant, condition, or hmttanon contained m this agreement shall be valid unless In writing and duly executed by the party to be charged No evidence of any waiver or modification shall be offered or received m evidence m any -5- proceeding, arbitraUOn, or laigaaon between the parties ansmg out of or affecting the nghts or obligations of the parties to this agreement, unless such waiver or modification is m wnnng and duly executed by the party to be charged The parties further agree that the set provisions of this section may not be waived except as set forth above 17. Changes. The County may require changes in the scope of services of the Contractor to be performed hereunder Such changes. including any increase or decrease in the amount of the Contractor's compensation, shall be incorporated by written amendment to this agreement 18. Trade Secrets. The Contractor must designate in writing any portions of the proposal that contain trade secrets or other proprietary data that are to remain confidential, subject to Hawaii Administrative Rules § 3-122-58 Such designated material must be readily separable from the rest of the proposal 19. Ownership Vested in County. It is expressly understood that any and all data, information and results derived and obtained directly or indirectly as a result of this Protect, including but not limited to data, information, and results, shall be the sole and exclusive property of the County and that the Contractor shall have no interest, right or title to or in any of the foregoing The County agrees that the mulch and compost materials, scrap metals and automobile tires, used cooking oil, newspapers and glass shall become the Contractor's property 20. Termination. In the event the Contractor is to material violation of any contract provision, the County may provide the Contractor with a written notice of said violation(s) and a date upon which said violation(s) shall be corrected, which shall be not less than 30 days If the Contractor shall fail to correct said violation(s) within the specified period, the County may terminate this contract without cause upon wrttten notice to that effect delivered to the Contractor at the address set forth herein It is agreed that the Contractor shall receive compensation from the County for the time actually spent in performance of the services hereunder to the date of termination The Contractor shall be entitled to recover any reasonable costs incurred m connection with the contract pnor to the receipt of any notice of termination In the event the Contractor violates the terms of this agreement, the County may elect any remedy available to it in law or equity, without limitation, including, but not limited to A Termination of said contract without prior notice in the even[ the County shall be liable under this contract only for those services satisfactorily performed to the date of termination, if any All data, maps, plans or other documents or information gathered, compiled, produced or obtained pursuant to this contact shall be the property of the County and the Contractor shall -6- immediately upon termmauon of this contract deliver said [terns [o the County B Unilateral subsutuuon of a sunable replacemen[ for the Contractor to complete the remainder [he contract, [n which event Contractor shall be Fable to pay for the difference, if any, between the cost of the subsututed Contractor and the cost of such similar services remaining to he comple[ed under this contract by the Contractor at the time of [he [ermination It is understood and agreed [hat any services to be provided in accordance with the terms of this contract may be terminated immediately, in whole or in part, upon a finding by the County that these services must be provided by public employees, pursuant to Civil Service Laws or that such services will be discontinued It is further understood, that should such a finding be made, the County will not be liable under this contract for any resulting damages, and such a termination will not be considered a breach of this agreemen[ 21. Revisions to General Requirements and Covenants. Section 8, Prosecution & Progress, is amended to adopt and include by reference the language of Hawaii Administrative Rules, Sections 3-125-14, Novation or Change of Name, 3- 125-20, Liquidated Damages for Goods and Services Contracts, 3-125-23, Prompt Payment by Contractors to Subcontractors, and 3-125-24, Remedies 22. Managed Process Review. Any contract for goods, services, or construction entered into after July 20, 1998, and prior to July 1, 2001, with an expiration date beyond June 30, 2001, shall, during its term, be subJect to a single review by the County, pursuant to the managed process in Part III, Section 6 of Act 230, Session Laws of Hawatt, 1998. Pursuant to the managed process review, the contract may be canceled, renegotiated, continued, or extended by the County. The contract shall continue to be exempt from civil service laws for the duration of the contract even if a managed process is not implemented 23. Option Year and Additional Renewal. Contractor may offer to continue services as specified for up to five additional twelve (12) month periods. Upon confirming satisfactory performance and sufficient availability of funds, it is the intention of the County of Hawaii to renew. The County shall retain the right to call for new RFP at the end of the original Contract Year regardless of what may or may not have been provided for in any option year COUNSY OF HAWAII DEPARTMENT OF FINANCE Q ~ V r R A L S= R M$ A N D Q Q i D I 14 S F Q R Q Q Q Q~ A N D 5, $ R V I Q E~ July 1, 1994 TABLE OF CONSENTS PAGE N0. SECTION 1 DEPINITIOHS OF TERMS 1 1.1 HID 1 1.2 BID 08 PROPOSAL FORM 1 1.3 BID 08 P80POSAL GUARANTY OH SECURITY............ 1 1.4 CHANCE ORDER 1 1.5 CONTRACT 1 1.6 CONTRACT BOND 1 1.7 CONTRACT MODItICASION 1 1.8 COlFl8ACS08 1 1.9 DAYS 1 1.10 BEAD Ot SHE PURCHASING AGENCY 1 1.11 OttER 1 1.12 OFtEROR 2 1.17 PROCUREl~N? OttICBR 2 1.14 PRIORITY-LISTED OttCRORS 2 1.15 P80POSAL 2 1.16 PURCHASING AGENCY 2 1.17 SOLICITATION 2 1.18 SPECIAL PROVISIONS 2 1.19 SPECItICATIONS 2 1.20 COUNTY Ot SAXAII 2 1.21 SURETY 2 1.22 WORx 3 SECTION 2 OFtEY REQUIREI~NSS AND CONDITIONS 3 2.1 COI~ETENCY Ot OItEROR 3 2.2 SOLICITATION CORMS 3 2.3 EYA![INATION Ot GENERAL TERMS AND CONDITIONS, SPECIlICATIONS, SITE Ot NORE, 6TC 3 2.4 ADDENDA ABD IBTERPRSlASIOBS 3 2.5 PREtARATION Ol 0ltER 4 2.6 OttER 4VARAYlS 4 2.7 CERTIlICATION Ot OttEROR CONCERNING MAGES, HOURS AND NOREING CONDITIONS Ot D~LOYEES SUPPLYING SEBYIC-ES 4 2.8 P8E-OPENING MODIFICATION OR XITHDRAMAL Ot OttERS 5 2.9 RECEIPT, OPENING, AND RECORDING Ot BIDS......... 5 2.10 RECEIPT AND REGISTRATION Ot PROPOSALS........... 6 COL'N:1' OF iSAHAiI DEPARTMENT OF FI ND.i7CE '~x+ = W Fr ~ A- T E~ M~ A N D S,, Q N D 1. _ I Q N F Q R ~ q Q p~ A N D R V j Q 2~ July 1, 1994 TABLE OP CONTENTS PAGE N0. SECTION 1 DEFINITIONS OF TERMS 1 1.1 BID 1 1.2 BID OH PROPOSAL FORM 1 1.3 HID OR PROPOSAL GUARANTY 08 SECURITY............ 1 1.4 CHANGE ORDER 1 1.5 CONSYACT 1 1.6 CONTRACT BOND 1 1.7 CONTRACT MODIFICATION 1 1.8 COHTHAC?OR 1 1.9 DAYS 1 1.10 HEAD OF TSE PURCHASING AGENCY 1 1.11 OFFER 1 1.12 OFFEROY 2 1.13 PROCUREMENT OFFICER 2 1.14 PYIOBII'Y-LISTED OFFERORS 2 1.15 P80POSAL 2 1.16 PUYCBASING AGENCY 2 1.17 SOLICITATION 2 1.18 SPECIAL PYOVISIONS 2 1.19 SPECIFICATIONS 2 1.20 COUNTY OF HAMAII 2 1.21 SURETY 2 1.22 NOME 3 SECTION 2 OFFEY YEQUIYLlOSNTS AND CONDITIONS 3 2.1 coMPaxENCx or osrEROR 3 2.2 SOLICITATION FORMS 3 2.3 EYAMINATION Ol GE1fEYAL TERMS AND CONDITIONS, SPECIFICATIONS, SITE OF MOPE, ESC 3 2.4 ADDENDA ABD INSEYPYETATZONS 3 2.5 PYEPAYATIOg OF OTFEY 4 2.6 OFFEY GUAYAYIT 4 2.7 CEYTIFICATIOY OF OFFEROY CONCERNING MAGLS, HOURS AND NOYEING CONDITIONS OF EMPLOYEES SUPPLYING SERVICES 4 2.8 PRE-OPENING MODIFICATION OY MITBDYAMAL OF OFFERS 5 2.9 RECEIPT, OPENING, AND RECORDING OF BIDS......... 5 2.10 BECEIPT AND REGISTYASION OF PYOPOSALS........... 6 2.11 LATE OFFERS, LATE WITHDRAWALS, AND LATE MODIFICATIONS 6 2.12 MISTAKES IN BIDS 2.:3 MISTAKES IN ?ROPOSALS 2 14 OFFER IwSPECTION 3 2.15 DISOUALIPICATION OF OFFERORS 9 2.16 STANDARDS OP CONDUCT 8 2.17 IRREGULAR OFFERS 9 SECTION 3 EVALUATION, AWABD AND EXECUTION OP CONTRACT..... 9 7.1 EVALUATION 9 HAWAII EXCISE AND USE TAXES 9 PREFERENCE FOR HAWAII PRODUCTS 9 PRINTING PREFERENCE 10 RECIPROCAL PREFERENCE 10 RECYCLED PRODUCTS PREFERENCE 10 LOW TIE BIDS 11 3.2 ACCEPTANCE OF OFIEY 11 3.3 EYECUTION OF CONSYACT 12 3.4 CONTRACT BOND 12 3.5 PAILUYE TO ffiCUTE CONTRACT 13 3.6 6ET[JRN OF OFlEY CUARAITlIES 13 3.7 SUBMISSION OF INSURANCE CERTIFICATION........... 13 SECTION 4 PERFOYMRHCE OF CONTRACT 13 4.1 CONTRA? ADMINISTRATION 13 4.2 COMPLIANCE NITS CONTRACT TERMS, ESC 13 4.3 CHANGE ORDERS AND MODIFICATIONS 14 SECTION 5 LEGAL RELATIONS AND YESPONSIBILITY 14 5.1 LAWS TO BE OBSEYVLD 14 5.2 PATENSED RETICLE 14 5.3 SUHCONSYACTING AND ASSIGNING 14 3.4 RSSIG1714ENT OF ANSITYUST CLAIMS 14 5.5 RESPONSIBILITY 10Y DRMACE CLAIMS 14 5.6 PEYSONRL LIA8ILI17f Ot PUELIC OtlICIRLS.......... 15 5.7 CONTRACT PYOVISIONS TO CONSIDEY TYAlIIC......... 15 SECTION 6 MODIFICATIONS AND TEYMINASIONS OF CONTIGClS FOY COODS AIiD SEYVICES 15 6.1 GENEIIAL 15 6.2 CHANGES IN TIYED-PRICE CONTYAClS 15 6.3 CHANGES IN COST-YEIMBUYSEMENT CONTYALTS......... 16 6.4 ADTHOYIEATION FOY A STOP WOVE OYDEY 16 6.5 STOP MOPE ORDERS 16 6.6 VARIATIONS IN ESTIMATED gUANTITIES FOY DEFINITE gUANTITY CONTRAClS 17 6.7 VARIATIONS IN ESTIMATED gURNTITIES FOY INDEFINITE gURNTITY CONTARCTS 17 2.11 LATE OFFERS, LATE WITHDRAWALS, AHD LATE MODIFICATIONS 6 2.12 MISTAKES IN BIDS 7 2 '_3 MISTAKES IH PROPOSALS 7 2 li OFFER INSPECTIOH d 2.15 DISQUALIFICATION OP OFFERORS 9 2.16 STANDARDS OF CONDUCT 8 2.17 IRREGULAR OFFERS 9 SECTION 3 EVALUATION, AWARD AHD EXECUTION OF COHTYACT..... 9 3.1 EVALUATION 9 HAWAII EXCISE AND USE TAXES 9 PYEFEYEHCE FOH HAWAII PRODUCTS 9 PRINTING PREFERENCE 10 RECIPROCAL PREFERENCE 10 RECYCLED PRODUCTS PREFERENCE 30 LOW TIE BIDS 11 3.2 ACCEPTANCE OP OFFER 11 3.3 EIDrCUTION OF CONTRACT 12 3.4 CONTRACT BOND 12 3.5 PAILURE TO EXECVTL CONTRACT 13 3.6 RETUSH O! OFFL6 GUABANTILS 13 3.7 SUBMISSION OF INSURANCE CEHTIFICATIOH........... 13 SECTION 4 PERFORMANCE OF CONTRACT 13 4.1 CONTRAST ADMINISTRJITION 13 4.2 COMPLIANCE WITH CONTRACT TERMS, ETC 13 4.3 CHARGE ORDERS AHD MODIFICATIONS 14 SECTION 5 LEGAL RELATIONS AND RESPONSIBILITY 14 5.1 LAItS TO 86 OBSEHVID 14 5.2 PATE2TiED ARSICLE 14 5.3 SUBCONTYACTING AHD ASSIG8I8G 14 5.4 ASSIGNMENT OF AHTISRUST CLAIMS 14 5.5 RESPONSIBILITY FOR DAMAGE CLAIMS 14 5.6 PEYSOHAL LIABILITY OF PUBLIC OFFICIALS........., 15 5.7 CONTRACT PROVISIOBS TO CO85IDEH SRAFlIC........, 15 SECTION 6 MODIFICATIONS AND TERMINATIOBS OF CONTRACTS FOR GOODS A!ID SERVICES 15 6.1 GENERAL 15 6.2 CHABGES I8 FIYED-PRICE COIiTRALTS 15 6.3 C8A8GES I8 COST-HEIMBURSFJO:BT CONTRACTS......... 16 6.4 AOTHOYIZATI08 FOR A STOP WORE ORDER 16 6.5 STOP WOR! ORDERS 16 6.6 VARIATIONS I8 ESTIMATED QUANTITIES FOH DEFINITE QUANTITY COITSRACTS 17 6.7 VARIATIONS IN ESTIMATED QUANTITIES FOB INDEFINITE QUANTITY CONTRACTS 17 fi.8 PRICE ADJUSTMENT :7 5.9 NOVATI ON OR CHANGE OF NAME 18 6 10 CLAIMS BASED ON A PROCUREMENT OFFICER'S ACTIONS OR CMISSIONS 18 5.:1 TERMINATION POY DEFAULT 19 6.12 LIQUIDATED DAMAGES 20 6.13 TE RMINASIOH FOR CONVENIENCE 20 6.14 TERMINATION FOB COST-REIMBURSEMENT CONTRACTS.... 22 6.15 DISPUTES 22 6.16 REMEDIES 22 SECTION 7 PAYMENT 22 7.1 METHOD OF PAY14ElTf 22 7.2 FINAL PA7Ct~NT 22 7.3 INTEEEST 22 E203IBITS AGYEEMENT ...................................(E7a;IBIT A) SUBETY HID OY PYOPOSAL BOND .................(E1~IHIT H) SURETY PEBFOYMANCE BOND .....................(C7DIIHI2 C) PEIIFOBMANCE BOHT1 ............................(E1D3IBIT D) SUBETY LA80E AND NATEYIAL PAYlR1iT HOND......(E103ISIT E) LABOB AND PAYMENT BOBD ......................(E~IBIT F) CONTBACTOE ACENOifLEDC?CDTl ...................(E7D;ISIT G) SUBETY ACAiOWLLDGt4t8T (E]d;IBIT 8) CONTBACT MODIFICATIOIf FOIIM ..................(E7DIIHIT I) CHANCE OIIDEE FOYM ...........................(EIDIIHIT J) 5.8 ?RICE ADJUSTMENT 17 5.9 NOVATION OR CHANGE OF NAME 1B 5 10 CLAIMS BASED OH A PROCURE!~tENT OFFICER'S ACTIONS OR OMISSIONS 18 6.11 TERMINATION FO8 DEFAULT 19 6.12 LIQUIDATED DAMAGES 20 6.13 TERMINATION FO8 CONVENIENCE 20 6.14 TERMINATION FOB COST-REIMBURSEMENT CONTRACS$.... 22 6.15 DISPUTES 22 6.16 REMEDIES 22 SECTION 7 PAY}~Ni 22 7.1 METHOD OP PAYMENT 22 7.2 FINAL PAYMENT 22 7.7 IHTEBEST 22 EXHIBITS AGBEII~NT ...................................(flO;IBIi A) SUREI7 BID O8 PROPOSAL BOND .................(E7DIIBIi B) SIJBETY PE8lO8MAHCE BOND .....................(E7a;IHIT C) PE8lOBMANCE BOBD ............................(E7DIIBIT D) SUBETY LABOB AND NATEBIAL PAYMENT SOND......(L7oII8IT E) LAHOB AND PAYMENT BOND ......................(EYBIHIT CONT8ACi08 ACXN01iLEDG128T (E70IIHIT C) $UBEIT ACENOWI.EDGIdNT .......................(E7~IBIT 8) CONTBAC? MODIlIC1?TI08 lO814 ..................(PJOIIHIT I) CHANCE O8DE8 lOBN ...........................(ffiIHIi J) ~cr'TrpV - D°_FIHITION~RM Terms as used sn these General Terms and Conditions, unless the coatezc requsres otherrsse, shall have the follorsnq meansnq: 1 1 °ID Sid means any bsd submitted sn competstsve sealed bidding or in the second phase of multi-step biddsaq. 2 BID OR PROPOSAL FORM The prescribed form or format rbsch a offerer use• to submit hss offer. 1.3 HID OR PROPOSAL GUARANTY OR SECURITY The seeuritp rhea raq~ired, furnished by as offerer with hss offer to ensure that the oflarer rill eater into the contract rith the County of Harass and ezecute the required contract and payment bonds caversnq the work contemplated, if hie offer is accepted. 1.4 GRANGE ORDER Chang• order means a rritten order signed by the procurement officer, directing the contractor to make changes rhsch the changes clause of the contract authorises the pracurameat olfscar to order rithout the consent of the contractor. 1.5 CONTRACT Contract suaas the combination o! the solicitation, including the iaatructions to o!lerors, the apecificatioas or scope o! rork, the specsal roviaioaa, sad the general terns sad eoaditioaa; the olier sad any beat sad ~iaal ofiera; sad asp asiendmeats to the aolieitatioa or to the contrast; sad nay terms implied by lar. 1.6 CONTRACT HOND The approved loan of security luraished by the contractor sad hie surety or sureties or byp the contractor alone, to ensure completion and satsafactory parformaac• of tbs contract is aeeordaae• rith the terns o! the eoatract and to guarantee lull papment of all claims for labor, siaterials sad suppliaa furaiahed, used or incorporated is the rork. 1.7 CONTRACT NODIiICATION Contrast sadilicatioa sienna nap rritten alteration is specilicatioas, delivery point, rate o! delivery, period o! perlorsaace, price, quaatitp, or other provisions o! nay eoatract accomplished by mutual action o! the parties to the contract. l.e coNTRArroR Aa individual, ppartnership, lirm, corporation, joist veatur• or other legal entity undertalciaq the •zecutioa o! rork under t!u terms of the contract rith the Couatp o! 8ara11, sad acting directly or through his, their ar its agents, emplopses or sub-contractors. 1.9 DAYS Days mesas calendar days unless otherris• apecilied. 1.10 HEAD OF TAE PURCHASING AGENCY The head o! nay agency rith delegated procurement authority by lar or from a chins procurement officer o! the County o! Haxaii to eater into and administer contracts. 1.11 OFiER Aa offer manes a bid or proposal as deiiaed is aeetioaa 1_al end 1,.11,, sn response to nap solicitation. GENERAL TERMS AND CONDITIONS -1- JI7LY 1, 1994 1.12 OFFEROR Any individual, ppartnershipp firm, corporation, joint venture or other legal entity, aubmittiaq directly or through a duly authorized representative or agent, an offer for the cork or services contemplated is response to a solicitation as defined is 1;17. 1.13 PROCUREl~N'I OFlICER Procurement o!lieer moans the pparson rith procurement delega non duly authorized to eater into and admiaiatsr contracts and make rrittea datarminatioaa with resppect to tbs contract. ?be term Sncludea an authorized raprssantativs setiag rithia the limits of authority. The delegated authority is received lrom tba chic! procurement oflicar dSraetl~ ar through tie head of a purchasing ageaey or designee to the procurement off cer. L}4 PRIORITY-LISTED OFFE80R5 Priority-liatad olferors era the three or more rasponaiva and respoasable offerors rho have submitted the bigheat rsalt proposals. 1.15 PROPOSAL A proposal wnas nay offer aubsitted is response to nay aolieitatioa, ezcapt a Did as defined Sa section y,j. 1.16 PURCAIISING AGENCY Purchasing ageaey a+eaas aspp goverauwatal Dody rhich is authorized by far or rules, or by rap o! delegation Lo eater into eontracta !or procurement of goods, ssrvacss, or construction. 1.17 SOLICIiAiION Solicitation areas as invitation for bide ("ITB"), used is the compeeitire aenled Diddiaq proeesa or a regwst for proposals ('•>ZFP"), used in the competitive salad proposal proeasa !or the purpota of solieitiaq Dida or propoaa a to parlors a County of araii contract. 1.18 SPECIAL PR04ISIORS The tsrma sad eonditioaa pertaining to the specific aolicitatioa is rbieh they era coataiaedr including Dut not limited to farms sad conditions daaeribinq the prepparation of solieitatioaa, evaluation oL offers. dsterminatSoa of arard, plus those applicable to performance by the contractor. Additions or reviaioas to the General Serra sad Coaditiona, rhieh shall be coaaidared a part o! the General Terms sad Coaditiona, setting forth coaditiona or raquiremanta applieabls to the particular protect or contract wader eonaidarat oa. Should nay apeeisl provisioaa conflict r3th these genarnl farms sad conditions, raid Saec{al Provisions shall covers. 1.19 SPECIFICAiIOHS A deseriptloa of chat the purchaaiaq agency raquirea sad. coasaqusatly, chat as offeror must offer to ba coaaidered for award. 1.20 COUNTY OF HANAII County of Heraii wane all dspartaaats of the ezacutivs branch sad all goveramantal bodies administratively attached to it, all departments of the legislative branch sad all goveramantel bodies admiaistrativelp attached to it, sad nay and all autonomous sad semi-autonomua government agencies rhicII may oparnta wader the auspices of the County of Heraii. l.zl svRETY ihs individual, firm, partnership or corporation other than tie contractor, rhich a:acutea a bond r~th and for the contractor to ensure the contractor's acceptable performance of eha contract. CENEgir. :E&Ii5 AND CONDITIONS ,Ny " 1994 1 2 2 W' She furnishing by the contractor of all labor, services, materials, equipment, and other incidentals aecessacy for the satisfactory performance of the contract. Sc~TIO,y 2 _ OFF°R REQUIREMENTS AHD CONDI?IONS 2 1 COMPETENCY OF OFPEROR Prospective otfaror must be capable of performanq the work foc vhich offers are beaaq called. Either be ore or sfter the deadline for as offer, the pureheainq agqency ma require offeror to submit aaarers to questions regarding faealitlss, equipment, azparisaee, personnel, financial status or nay other lactora relatiaq to his ability to luzaiah aatialactorily the goods or servicaa being solicited by the County of earaii. Any each iaquaraas shall be made and replied to is rritiaq~ replies shall be submitted over the sigaaturaa of the person rho signs the oiler. Anyy offeror rho refuses to ansvar such isquiriss rill be considered aoa-raapaaa3ve. All aasrars to such questions rill ba hsadlad by the purehaaiaq agency on a coalideatial basis and wall be returned alter they have served thaar purpose. She purchasing agency also reserves the right to visit as olteror's place of business to iaap•ct his facilities sad equipment and to obaerva his methods of operation in order to facilitate evslustion of periormsacs capabilities. jy2 SOLICISAiION CORMS Prospective offerors rill be furnished rith solicitation forms vhich may include but not be limited to a statement o! wrk, the location, descriptina sad the contract time o! the contemplated cork, the variow quantities bee q requested, estimated sad/or Lira, sad items o! cork to be performed or matezial¦ to b• furnished, along with a •ehedule of items for vhich wait prices sad/or lusp s~ prices are asked, depending oa t3e typo of solicitation, •.q. avitstioa for bids or request for proposals. The general terms sad eondltioas, specifications, special psovisioas sad other documents relereaeed in or attached to the solicitation shall be considered • part o! the of ter rhether attached to the solicitation or not at the Lima o! it¦ submissiaa. Such documents shall not be altered is nap ray rhea the proposal is submitted sad nay alterations so made by the ofteror may be cause for reieetioa of the oiler. w The olteror shall easefully ezaaine the site of the contesplated cork, the solicitation, geaesal terms sad coaditioas, s cilicatioae, sppeacial provisions, amendseats, required contract sad bond forms, •te. before submitting otters. The auboiasioa of as offer shall be considesed as a rarraaty that the offeror has made such ezamiaatioa sad is satisfied rith the coaditioas to be eaeouatered in performinq the cork sad rith the requiremaats of the proposal, geaesal terse sad conditions, apeeilicatioas, aupplemeatal specifications, spacial provisions, contract and bonds rhea required. No eztra eompeasatioa rill be given by reason o! the eoatraetor's misundarstaadiaq or lack of kaorledge of the requirements o! the wrk to be accomplished or the coaditioas to be eacouatesed an performing the wrk. 2.4 ADDENDA AND IIl7ERPRETA?IONS Discrepancies, omissions or doubts as to the meaning of general tarns sad eoaditioaa, apeciticatioae or ¦pacial provisions should be cwasuaicated in vritinq to the procurement o!licer sad must be received by the purchasing agency no later than few (5) calendar days prior to the date fired for opening. Any intorrppsetatioa, if made, sad as suppplemental iastructioas rill be is form of rrittea sddeada to the solic~tatloa, vhich rill be mailed, fazed, of made available for ick up by all prospective olfarors, prior to the date lied for the opening o! otfera. It shall be preauwd that aspp addenda or interpretatioaa ao ensued have been received by as olteror sad each addenda or aatarpretatioas shall become a part o! the contract doeumeata. GENERAL T6iM5 AND COIIDITIONS -3- JIILY 1, 1994 2.5 PREPARATION OF OFFER Proposals submitted in reapoase to request !or proposals (6FP) shell be is the format prescribed Dy the HFP. Tha bide submitted is response to as iavitatioa for bide (IFH) must be prepared is ink or typed oa the form furnished by the purchasing agency or oa an erect copy thereof is Lull accordance rith the instructions given. !or each item, the offeror shall specify the wait and total pprice is fiqurea is the columns provided for that purpose and, Sf required, tbs total sum of all items being offered. Nhera the (IFH) involves the furnishiaq and deliveryp o! goods, the price shall include the coat o! delivery to the specilied distiaation, at rhich point acceptaae• of said goods rill b• made bF authorised personnel. Should a ecial requizsmaata invo viaq additional costs to the vendor be necessaryy, the r•quiramenta rill Da stated is the special provisions and offers for the costs therefor shall be governed by the special provisions. Only one bid Sa raspons• to as IFH for the same cork from as individual, firm, partnership, corporation or joint venture under the same or different name will be accepted. Sf more than one bid is oilered for the same cork, only the lorest priced bid say be considered; all othess rill be automstieslly rejected. Competing subsidiary or jointly-ovaed companies sap submit bide or proposals sad these may be accepted Lor evaluation sad arard if such companies submit rich their proposals a certificate of non-collusion, acorn to before a notary, rhich ackaorledges that the otter Ss rithout collusion. All prices shall include applicable federal, state sad local tares. Any illegible or otberrise uarecogaisabl• price offer shall cause automatic rejection of the oiler. Offers submitted in raspons• to as ITD or YFP shall be signed in ink in the apace pprovided oa the bid or propoasl page by (1) the ornar of a sole proprietorahi (2) one or sore members of a artaership, (3) one or more members or ol~icers of each lizm sapresantiaq • oiat wature, (4I one or more officers o! a corporation, or (S) as agent of • offeror duly authorised eo submit oifara oa thi offerors behall. 2.R OFFER GOARAHSZ Unless required by the ¦pecial provisions, a bid or proposal security deposit, p•rformaace sad payseat Doads, or nay other guaranty is not required on nay offer Lor goods or servacea. ripen required by the special provisions, an acceptable bid or proposal security deposit shaI~l W in as amount equal to at least live ppeercent of the amount offered and shall be limited to; a bond in a fors satis3aetory to the County of Harsii uaderrrittea by a company licensed to issue bonds is this State; legal tender; or a certificate o! deposit, share certificate, eaahiar'a check, trsasurer'¦ cheek, teller's check, or official cheek dram by, or e certified cheek accepted bp, a beak, a savings iastitutioa, or credit union iaaured by the Federal Deposit Inauraac• Corporation or the Rational Credit Union Administration. Certificate of deposit, apace certificate, cashier's check, treasurer's check, teller's check, official check, or certified check may be utilised only to a ss:imus of 5100,000, provided borever, if the required security or toad amount totals over 1300,000, sore thaw one iaatrua»at act a:ceediaq 1100,000 each and isawd Dy different fiaaacial institutions. may be submitted. If an offer does not comply with the ¦ecurity requireseats, tb• offer shall be re3sctsd as nonrespoaa3ve, unless the failure to comply is determined Dy the chief procurement officer, the head of a purchasiaq sgsocyy, or the designee of such officer to be aonaubstantial pursuant to section 3-122-22], NAB. ~ 7 CERTIFICATION OF OPFEROR CONCERNING WAGES HOURS AND rrORRING CONDITIONS OF EMPLOYE°S SUPPLYING SERVICES All offerors for service contracts shall comply rith section 103-55, Havaii 8evised Statutes, rhich providsa as follovs~ GENERAL TEBNS AND CONDITIONS -4- ,T~ Y 1, 1994 Nages, hours, and rork3nq conditions of employees of contractors slpplyinq services. Before any prospective offeror is entitled to submit nay offer for the performance of any contract to supply services in ezcess of E5,000 to any governmental agency, offer shall certify that the services to be performed rill be performed under the follorinq conditians: Nages. he services to be rendered shall be performed by employees ~aiC at rages or salaries not less than the vages paid to public officers and employees for similar work. Compliance rith labor lays. All applicable lays of the federal and state governments relating to rorkara compensation, unemployment conpeasatioa, payment of ragas, and safety rill be fully complied with, No coatraet to perform services for any governmental con[ractiaqq agency is ezcess of 55,000 shall ba granted unless all the conditions of thin section are mat. Failure to comply ritb the conditioaa of this section during the period o! the coatraet to perform satv3eas shall result is cancellation of the contract. It shall be the duty of the governmental contracting agen~pp arardinq the coatraet to perform aerviess is ezcess of 55,000 to enforce thas aeCC10II. This section shall apply to all contracts to ppazlorm aervicea is ezcess o! 15,000, including contracts to supply ambulance service sad 7aaitorial service. This section shall not apply tot (1) Naaagerial, supervisory, or clerical personnel. {2) coatracta for supplies, materials, or printing. (3) Contracts !or utility services. (4) Contracts to perform personal services under pnragrapha (2), (3), (12), sad (16) o! section 76-16, 8'RS. (5) coatracta to operate ralr•sbarnt aonc•aaioas in public parks, or to provide ood Cervices to •ducatioaal institutions. (6) Contracts rith nonprolit institutions. 2.8 PRE-OPENING T[ODIPIGSION OR 1RT®RAWAI. OP OFFERS 0!lera may be modilied or rithdrara prior to the deadline for submittal o! o!lera by thi lolloriaq documeatar Nithdraral o! o!lerer a rrittea notice received is the o!lice daaigaated is the ¦olicitationr a rrittea notice fazed to the o!lice designated in the solicitatioa~ ar a t•1~egqrrapy~~ie measa received by telephone by the o!!ic• daaigaated is the solicitaEioa Isom the receiving telegraph company oltice, provided the tale raph company confirms the telephone message byy sanding a rrittea copy o! the telegram shoring that the sussage ran received at the telegraph company o!lice prior to the time sad data set !or opening. 14odificatioa of oltera~ • rrittea notice received in the olfice daaigaated Sa the •olicitatioa ¦tatiaq that a saditieatioa to the o!!er i¦ submitted and aecompaaied the actual moditieation(a) astutely ¦saled in s separate envelope or container. 2.9 RECEIPT. OPENING. AND BECORDING OP EIDS Upaa its receipt, each bid sad modilication(s) aball be time-stamped but not opened, sad stored in a •seure place by the procurement ottieer uaeil the time sad date sat !or bid opening. Copra o! bids transmitted via laeaimil• machine shall not be acceptable, ezcept as provided !or is the Spacial Proviaiona. Bide sad modilieation(a) shall be opened publiel77, in the presence o! oas ar more vitaeaaes, at the time. data, sad place d~algnated in the ZPB. Tha name of each bidder, the bid priee(a), sad such other gatormatioa as is deemed appropriate by the procurewat o!licer or his designated represeatatiw , ahsll GENERAL TEYl6 AHD COlIDISIOliS -5- .1SJL7 1, 1994 ba read aloud or otherxisa made available. If practicable, such information shall also De recorded at the time o! bid oppening: that is, the bids shall De tabulated or a bid abstract made. The aama(a) sad address(es) of the required witnesses shall also be recorded at the opening. The opened bide shall be available for public inspection at the time of bad opaaiag.azcept to the e:teat that the bidder designates trade secrets or other proprietary data to be confidential. Bidders aha l •asure that material so designated as confidential shall be readily separable from the bid in order to face irate public iaspectioa o! the aoacoafSdeatial portion of the bid. Prices and makes sad modell or catalogue cumbers o! items offered, deliveries, and tsrma o! payment shall be publicly available at the time of bid opening ragardleas o! nay designation to the contrary. the procurement officer, or Lis designated repreeeatative, shall •:amine the bids to determine the validity o! sapp requeeta !or aoadisclosur• of trade secrets and other proprietary data identified is rritiaq. If the partass do not agree as to • diaelosure o! data, tLe procurement officer or has designated representative sball iatorm the bidders present at the bid openaaq that the material designated fns nondiselosur• shall be nubii•et to rrattea detsrmiaatioa by the attorney gqeneral !or coatideatiality. If the attoraep general determines is rritiaq tLat the saterial so desigaated as confidential as aubieet to 8lsclosure, the bidder suLsittinq the arterial under revier and otter bbidders rho wre pseeent at the Did opening shall be eo notified in rritiaq sad tae material shall be open to public iaspectioa unless the bidder protests under chapter ]-126. The bide shall be open to public iaspectioa ¦ubjeet to nay coatiauaaq prohibition on the diaclosur• o! confidential data. Rhea a purchasing ageac denies a person access to a County.proeuramant record, tae person say appea~ the denial to the oiiic• of information practacs as accordance rith section 92l-42(12), ~tS. Bids shall be uaeonditioaally accepted rithout alteration or correction, a:cept as alloyed is sections 2.11 sad 2.12. Z.30 RECEIPT AND RLGISTRATION Oi PROPOSALS Proposals sad sodilieations shall be rile-¦tas:ped upon receippt sad held is a secure place L~ the procurement o!lieer until the •etablished due date. Proposals shell not be opened publicly, but stall be oppeered is the presence of tro or sore proeurearat officials. Proposals sad sodilicatioas shall be shore only to County o! 8araii pereoaael Laving legitisate iatereet is them. Alter the date established !or receippt of proposals, a register of proposals shall be prepared rhicb shall include for all proposals: the name of each offeror; the number o! aodificatioas received, if any; and a description ¦u!fleieat to identify the good or service item offered. Tha regaater o! proposals shall be open to public inspection only alter arerd of the contract. Aa offeror shall request is rritiaq noadiecloeur• o! designated trade secrets or other proprietysrpp data to be eoalideatial. Oiferora shall •asure chat each data eo designated as eoalideatial shall be readily eepazabl• from the proppoosals is order to faeilitst• eventual public iaspectioa o! the noncoafideatial portion of tLe proposal. Proposals o! the o!leror(s) shall be open to public iaspectioa attar arerd of the contract u provided is section 3-122-55. 2.11 LATE OiiERS. LATE MII'F~RANALS. AND LUTE MODIiICATIONS Any antics o! rithdraral, notice of modificntioa of an offer rith the actual modification, or nay offer received at the place designated for receapt sad openaaq of a after after the time and data sat for racesppt sad openaaq or offers is late. A late offer, late modification, or late rithdraral shall not be eonsadered late i! raceaved before contract arerd and rould have Deea timalY but for the action or inaction of personnel rithia the procurement accavat~ A late offer or late modification that rill not be eonsadered for arerd s all be returned [o the bidder unopened as soon as practicable and accompaaasd b a latter from the procurement activity atatinq the reason for ats return. ~ late rithdraral r ast shall ba reapondsd to rath a statement of the reason for aoa-nccaptanee of the rathdraral. GENERAL TERMS AND CONDITIONS -6- ,JULY 1, 1994 2 12 4IS:ASCES_ IN BIDS iA) A badder may correct a mistake is bad discovered before the tame and date set for bad opening by xithdraxanq or correctanq the bad as provided in sec=aoa 2.8. iH) Correction or xithdraval of a bad after the tame and date set for had opeaaaq because of as inadvertent, aoa~udgmeatal mastake as the bad requires careful caaaidarataoa to protect the antagratY of the competatave ba daaq system, and to assure fairness. If the mastake as attributable to as error as judgment, the bid may not ba corrected. Bad correctaaa or xithdraxal by reason of a ao a~udgmental mistake is permassibls but only to the ezteat at is not contrary to the interest of the governmental agency or the fear treatment o! other bidders. (C) ithan, after bid opening but before award, the procurement officer knots or has resaoa to conclude that a miataka has bean made, aacludaaq obvious, apparent errors oa the face of the bid or a bid unrsasonablp lover than the other bids is suksaitted, such atiicer should request the badder to confirm the bid, sad if the bidder alleges mistake, the bid mapp be corrected or xithdrarn by the bidder i! the conditions under paragzaphe (D) sad (E) of this section are mat sad ii the mistake a• a minor anlormnlaty xhich is a matter of form rather than substance evidsat from the bid document, or nn insigailicaat mistake that can be calved by the procurement affieer or corrected by the bidder rithout prejudice to other b~ddera depending oa xhich is is the best iatsrest o! the governmental jurisdiction aolaeitinq the bid; that is, the a!lsct on price, quantity, quality, delivery, or contractual eoadieaons is aagligible. Ezamplss iaelu • the failure o! a bidder to: return the number of aigaed bids required by the IrH to alga the bid, but only of the uaaigaed bid is ac~ompaaied by other material indicating the bidder's antsat to be bouadr or to acknorled4e receipt of as aarndwnt to the IFB ( if such ackaolegemeat is raauired by t6a I!8) but only i! it i¦ clear from the bid that the bidder rece wd the assadwat sad iaeeaded to bs bound by its tartast or the as~eadsrat involved had a aegligibls •!leet oa price, quantity, quality, or deliwrp. I! the miataka sad the intended correct bid era clearly evident oa the face of the bid docuwat, the Did shall be corrected to the intended corrset bid and map not be rithdrsra. E:ample• o! such mistakes iaclud•: typographical •rrorat errors is esteadinq unit pricesi transposition errors; and aratbmetical scrota. Ia the swat o! a diserapaacp bstwea unit Lid prices sad •:tensioas, the wait price shall govern. Ia ease o! error is addition, the sus o! the total amount a!lsred !or each item added shall govern. A bidder ma be persittsd to rithdrar a for bid 1! a mistake i¦ clearly evident on the face of the bid doeusrnt but the iatsadad correct bid is not similarly •videati or the bidder submits proo! at eviden[isry value rhach clearly sad eoaviaciagly dsswastratea that a mistake ras sleds. (D) A bidder map not correct a mistake is bid discovered alter award of the contract sscspt there the this! psocuresnat oiliest or the heed of the purehnsiaq agency sakes a rrittea determiaatioa that it could be uncoaseionable not to allot the siataks to be corrected. (E) Mhea a bid i• corrected or rithdrara, or correction or rithdraral is denied, wades (C) or (D), the chief pproeursmeat o!licer or the head of a purchasing agency shall ppsspars a rrjtten dsterminatioa shoring that the relief vas granted or deaiid is aecordaac• rith this subchapter, szcept that the proeuresaat o!lieer shall prepare the determination required wader paragraph (1) o! subaectioa (C). 2.11 MISTAKES IN PROPOSALS Mistaken shall not be corrected attar arard oL contract. Hhaa the procursmsat oilicer knots or has reason to conclude helots arard that a mistake has been made, the pprocurement otiicer should request the offeror to confirm the proposal. IL the offeror alleges miataka, the proposal may be corrected or rithdrara pursuant to this ssctioa. Once discwsions are eomwnced or alter best sad final offers ere reqquusated, any ppriority-listed oileror sap freely corrset any mistake by modifying or rithdrariaq the proposal until the tins sad data set for recaapt of best and final olfera. GENERAL TERMS ARD COlIDITIONS -7- JO'LY 1, 1994 If discuasioaa are sot held, or if the bast sad tiaal offers upon rhich arard rill be made have been received, mistakes shell be corrected to the iateaded correct of ter rhenever the mistake sad the intended correct offer are clearly evident on the Lace of the proposal, is rhich event the proposal mey sot be rithdzarn. If discussions era sot held, or it the bast sad final offers upon rhich arard rill b• made have bees received, an offeror alleging a material mistake of fact rhich makes a proposal noareapoasive may be permitted to rithdrar the proposal if: the mistake is clearly evident on the face of the proposal but the iatendsd correct offer is not; or the olteror submits evadsace rhich clearly sad coaviaeingly demonstrates that a mistake ran made. 2eehaical irregularities are matters of losm rather than substance evident from the pro~sal docum•at, or iasigaifieant mistakes that can be raivad or corrects r tbout prejudice to other olterors; that is, rhea there is ao •ltect oa price, quality, or quantity I! discwsioaa are sot held or i! bast sad final otters upon rhich arard rill be made have been received, the proeuremeat officer nay raive such ire~qulasitie• or alloy sa otlaror to correct them i! either is is the bast 3aterast o! the County of Haraii. Ezsmple• iaelude the failure of as offeror to; return the number of signed proposals re fired by the request !or proposal; ¦iqa the proposal, Dut only if the uaaigaad proposal is aoeompaai•d by other natazial indicating the otteror's iateat to be bouadi or to aekaorl•dq• receipt of as amendment to the r•qoast for proposal, but only ii it is clear from fb• proposal that the offeror received the smeadment sad iateaded to be bound by Its terms; or the smeadmeat involved had ao effect oa price, quality or quantity. 2.14 OTTLB LNSPLCYION 0ltera to competitive sealed hide may ha inspected only as provided for is Section 2.9, above, sad after arard of contract. Dnriaq the evaluation sad arard recommeadatioa period, offers rill not be available !or inspaetioa, ror the competitive sealed proposals the proposals shall be made available for public iaap•ctioa sitar coatraet arard. 2.15 DISOQIILITICa?ION OT OTTERORS 1~a offeror shall be disqualified sad hi¦ offer automaticallyp raii•cted for an oaa or more o! the tolloriaq reaaoas; proof o! collusion, is rfiieh case. all oltars involved is the collwive action rill be r•i•etad sad asy partieipaat Co such eollwioa rill be barred Lrot future solicitations until raiastatedr offeror's lack of respoasibilitp sad cooppearatios as shorn pose rork or services; oiieror's being in arrears oa ezistiaq coatraets ri the Covey of Haraii or haviaq defaulted oa previow contracts; offeror's lack of proper equipment and/or su!licieat e:perieaee to parlors the rork contemplated; offeror does not possessroper liceas• to cover the type of rork coatsmplated, it requirsdi offeror a daliwrp of the offer attar the daadliae apecilied in the public aotic• ealliaq for offers, or as amended, a:cspt as alloyed Sa Section 1-122-29 (1), HhR or ofieror'e Lailur• to pap, or satisfactotilp settle, all bills overdue !or labor sad material an former County of Haraii contracts at the time of issuance of solicitation. z . l s snlm?,Rns or CONLtt1Ci Section 64-15, SRS, provides as follorss (a) Aa agency o! the County of Haraii shall not enter into say contract rith a legislator or an amplo ee or rith a business is rhich a legislator or as es~ployea has a controlling iaterast, iavolviaq services or property o! a value is crease of 11,000 unless the eoatract is made attar public notice sad competitive bidding or proposals. (b) Ian agency of the Couatp of Haraii shall not enter into a coatraet rith say peraoa or busiasss rhich is represented or sasisted personally in the matter by a parson rho has base an employee of the agency r3thia the preceding fro years sad rho participated rhile is County office or employment in the matter rich rhich the eoatract is directly eoacarasd. (c) ibis section shall sot apply to a parsoaal contract of employment rith the County. GE:iEuir. 7P&NS AHD CONDITIONS -8- JLPY 1994 All offerors should be certain that their bids are not is violation of this lac. 'Ihe submittal form states that by submitting this offer, offeror certifies that his offer does not pose a conflict rith section 84-15, HRS. ~oatracts awarded shall be void if theca is a violation of section 84-15, HRS. 2 17 :RRECVLAR OFFERS Offers will be considered irregular and shall be rejected for the following reasons includiac~ but not limited to the following: if the offer is unsigned by the offeror? if the required offer guaranty received separately from the offer is not identifiable as guaranty for a specific offer, or is received after the data and time set for the opening; if the required offer gvaraaty is not is accordance rith Saetioa 2. of these gaaern terms and coaditioaa; if the offeror or surety fails to Biqa the surety bond submitted as offer quarnaty; if olfsror fails to ua• the surety bond form furnished by the County o! Hawaii or identical cording coataiae is the said form when submittingq s surety bond as proposal guaranty; i! the offer ahovs nay aoa-compliance rith applicable law or contains any unauthorised additions or deletions, eoaditionadd, incomplete, or irregular or is is anyway making the proposal incompplete, indefinite, or ambiguous as to its meaning; or unbalanced offers in which the price !or nay item is obviously out o! proportion to the prices for other items. cFC'IION 3 - EVALUATION. AWARD AND EXECQTION OF CONTRACT J.1 EVALUATION A. HAWAII EXCISE AND USE TAXES Section 103-53.5, eBS, provides as lollowt Where the bidder or vendor is sa out-ol-state vendor not doing business is the Stara or i¦ a person ez tad from paying the applicable general ezcise tsz, the package bi or purchase price, for the purpose o! d•t•rstiaiaq the lowst price bid, shall ba increased b7 elt• applieabl• retail rate o! general a:eis• ta: sad the appplic l• use taz. The lower raspoasib • bidder, taking into coaaideratioa the above iacreasea, shall be awrded the eoatract, but the eoatract amount o! sal eoatract awarded shall be the amount o! the bid o!lered sad shall not include the amount o! the increases. To facilitate compliance rich thi• requirsennt, each bidder posaessiaq a Haraii I.D. number far Oeaeral Cite taz Lieens• shall eater it is the space provided, thereby attesting that b• is doing business in the Stets sad that b• rill pal such tazea oa all sales made to the County o! Haraii. Ezeept as provided is the Special Provisioaa, nay bidder rho cannot luraiah a valid Saraii General Ezcia• Ta: Liceaa• number is the space provided rill be considered as not doing buaiaeas is the Stets sad his bid rill be evaluated aeeordiagly. 8. PRETERENCE POR HAWAII PRODUCTS Saetioa 103D-1002, HHS, provides u lollovat Hawaii products. In nay •zpeaditure o! public loads. a purchasing ageaci aball revier all purchase speeilications is a bid or proposal !or urcbase from the Hawaii products list there such pproducts era available, provided that the productat t4eet the minimum specifications sad the selling price f.o.b. jobsite; unloaded including applicable general ezcia• ta: sad ua• tsz dose not ezceed the lowest delivered price in Saraii f.o.b. jobaite; unloaded includinngq applicable general e:eis• taz sad use taz o! a aimilsr non-Haraii product by more thant three par cant, there Clans I Haraii products are lavolvad; live per cast there clans II Haraii products acs involvedr or ten per cent there Clara III Haraii products acs involved. Where offers contain both Saraii sad non-Haraii products, rhea for the purpose a! selecting the lower offer or purchase pprice only, the price ottered for a aoa-Saraii product item shall be iaereaasd CENEIIAL Taat4s AgD CONDISI085 -9- JDL7 1, 1994 by adding thereto three p•r cant, live per coat or eea per coat there similar Class I, Class II or Class III Haraii product items have been offered by another party pursuant to the preferences stated above. She lorest total offer, taking into coasideratioa the above preferences, shall be ararded the contract unless the o!!er provides for additional arard criteria. The contract amount o! say contract awarded, borever, shall ba the amount of the price offered, ezclusive o! such prafarsacss. nap person detirinq a prelerenes pursuant to thin subchapter, muac have the product(s) qualified and regiatsred oa the Haraia products list. The responsibility !or qualification shall rest upon the person desiriaq the preference. The product(s) shall ba found qualified sad oa the Hawaii products list before a prelereace mayp be greeted. Persons desiriaq to qualify their product(s) shall cos:plete according to iastructioaa sad file rith the administrator, the "application !or Haraii Products Preference (7/01/94)" as shorn at the end o! this subchapter sad provide all additional information required by the administrator. C. PRIR2ING PREFERENCE Subchapter 2, chapter 124, B1?II, providaa that: kll printing, binding, sad atatioaerp wrk !or the Countyp of Haraii, oz other political aubdivisioa tbereo! ahsll be perloraud rithia the State, including all preparatory cork, presswrk, bindery wrk, sad nap other production-related cork, sad all requests !or oilers or contracts for such wrk shall ao stipulate: provided that rheaever it is •stabliahed that nap such wrk cannot be performed rithia the State or that the lowst price !or rhich ouch wrk can be procured ritbia the 6tste ezeeeds the bid or charge of as out-of-state maaulacturer o! such ilea by !ilteea per cent, the wrk or nap part tbereo! ao affected sutp be pertoraed outside the State. Ho paysent shall be wade hb~~ the Count?7~ of Haraii, or other political subdivision thereof !or printing, binding, or stationery wrk unless it appears that the wrk wa done rithia the State or ras authorised to be dose outside the State pursuant to thi¦ section. Ia addition, as manufactures violating a ¦tippulatioa is a offer or contract that al~ wrk rill be perlorsed rithin the State shall be subject to a civil penalty is as asouat not to exceed the oiler or coaeract price to be collected by a civil action filed by the attorney general on behal! o! the Couatp of Haraii. D. QECIPROCAL PREFERENCE SuDebspter 3, chapter 124, S1~R, provides that: So ensure lair sad oppeen competition !or Haraii businesses •agaged is coatractiaq rith other states, the chief proeusesent officer sup isvose a reciprocal prelereace egaimt bidder froo thoe• •eate¦ v ch apply pretereaees. She amount of the reciprocal preference shall be equal to the amount by rhich the aoa-resident preferenc• •:ceeds any prelerene• applied by this State. Ia determiaiaq rhether a bidder qualifies a¦ • resident offeror, the definition used by the other state in applying a prelerene• shall apply. Skis seetioa shall not.apply to nay traasaetioa if the provisions of the aectioa conflict rlth nay federal fats. E. RECSCLED PRODIICic_ pRLFLRENCE Subchapter 4, chapter 3-124, HAA, provides than Solieitatioaa isauad Dp a govarnmeatal agency purauaat to seetioa 103D-301, HIIS, sad coaaiataat rith section 3-122-21 HAR, shall contain a notice elating that a price preference rill bs given to reryclad products. Shia price preference rill ba nt least five per cent of the bid price, and rill bs used for bid evaluation, ae specified is section 3-122-33, HAY. GENERA'. :'ERNS AHD CONDITIONS -10- JIILY 1, 1994 when a purchase specifies recycled products only or rhea recycled products only are offered, the price preference shall not apply. Offerors requesting a preference shall submit a completed certification form, as required by section 3-124-23 HAR, rith each offer. Previous eertificataoas shall not apply unless allorad by the solicitation. All governmental agencies issuing solicitations shall provide an appropriate space for offeror to indicate rhethar a recycled or a aoa-recycled product 3s to be used or supplied and to lint the pr3ees of the recycled or non-recycled products or both being offered. The preference shall be separate from nay other preference alloyed by statute. F. j,(?W 2IE SIDS Subchapter 5, chapter 3-122, 811E, provides Ghats Lar ti• bide are for responsive bids from responsibl• bidders that ar• identical is price sad which mast all the requirements sad criteria sat forth is the invitation for bids. Ia the discretion o! the chief proeureateat officer or the head of a purchaaiaq agency, arard shall be made is nay permiesibl• manner that rill resolve tie bids, iacludSaq but not limited tot arard the contract to a business providing goods produced or manufactured is this State or to a btaiaes• that otherris• maintains a place of bnsiaess is this State Where identical for bids include the cost o! delivery, arard the contract to the ti• bidder farthest frost the point of deliwrrt sad Arard the contract to the identical bidder rho received the previous arard sad coatiaue to arard succeedia4 contracts eo the same bidder ao long as all for bids are identical. Where there are multi le items is the ¦ase solititatiaa, arard the eoatract on the t~ed bid item(s) to the bidder chose other contract arard is largest. award the contract to the identical bidder rho received the previous arard sad coatiaue to arard succeeding contracts to the same bidder so long as all for bids are identical. I! ao persuasible method rill be •ffectiw is resolving tie bids sad a rrittea deteraiaatioa b7 the procurement officer i• made so stating, steed may be suds by drariaq lots. 3.2 ItCCEPSItNCE OT OlTEE Acceptance o! offer, if nay, rill be made rithia sizty calendar days altar the opening o! alters, sad the prices quoted by the olteror shall remain firm for tthhee sizty day period. Ua •s¦ otherxise provided, •ach individual item or gqcoup o! items rill be arezded to the responsive sad responaibl• offeror rhos• offer eomplie¦ rith all the solicitation requirements. Ia determiaiaq the responsiw sad responsible olteror, offers rill be evaluated not aaly on the amounts thereof, but oa all !actors relating to the satisfactory perlocmaace o! the contract. Products snot be oL a quality and nature that rill stet the needs sad ppurposes o! the intended us• sad must conform to all re~t~icements pprescribed is the specilicatioaa. The offeror must have the ability !a perlora u called for is the eoatract terms. The County of 8araiS shall be the tole iudai of product or wador capability. The successful vendor rill be notified by 1•tter that the otter has beta accepted and that the vendor is being awarded the eoatract. GEEEEAL 1ZEN5 AED COEDITIOES -11- JQLY 1, 1994 If the offer is rejected or if the vendor to whom the contract vas arardad fails to eater into the contract and luraish satisfactoryy security, if applicable, the purchasing agency may, st their discretion, arard the contract to the next lorest or remaining responsible offeror or mayy publish another call for offerst provided in the case o! only one remaining responsible offeror, the hand o! a purchasing aganty may wgotiata rith sueD bidder to reduce the scope of cork, if available funds era ezceeded, sad to arard the eoatract at a price rhich rellecta the reduction is the aeope of cork. The head of a purchasing agency lurther raservaa the right to cancel the eoatract arard at nay time prior to ezecutioa of said contract by all parties, rithout nay liability to the arardee sad to nay other olleror. 3.3 E1o;COTIOH 0! CONTRICS This ¦actioa shall not apply to nay coatraet in rhich the total amount payable to the contractor cannot be accurately estimated at the time the coatraet is to be arardad. In cases rher• the coatraet arard amounts to 130,000 or more the County of Haraii shall forward a lormal contract to the auecasslul olfaror for •:aeutioa. (Hafer to H:bibit ~ !or agreewat lore.) the coatraet shall ba signed by the suecasslul wndor and returned, together rich a •atiafactory eoatract bond if required, sad other supporting curets, rithia tea days after receipt by the vendor or rithin •uch further time as the procurement officer may allor. No such coatraet shall be considered Diadiaq upon the Couatp of Saraii until the eoatract has bean fully sad properly •:eeuted by all the partiaa thereto sad the Diracto! of ¦iaaace has, is accordance rith the County Charter, endorsed thereon a cartilicata that there is as appppropriation or balance of as appropriation over sad above all outstanding contracts, sufficient to cover the amount required by the contractt rich the ezceptioa of a multi-farm coatraet, thereby, the Director o! finance shall oaly_ba required andcabov~y allatout taadiaga cone=aCis at~Latoiab~ullieiaatatoa eov,i ithaoamouat required to be yaid under the eoatract during the liscal year or resaiainq portion of the !!seal year of each tarn of the malt!-year eoatractt In nap eoatract !evolving not oali state or coeatp lands but •upplemeatal funds from the lederal goverarat, thin section shall ba applicable only to that portion of the coatraet pries u i¦ payable out o! state or county lunch. As to the ppoortion o! the coatraet pprice u is • reseed in tbs coatraet to ba payable out o! ladaral loads, t3a eoatract shall be construed to bs an agrearnt to ppay iha portion to the contractor, only out of federal funds to be received lrom the ladersl govararat. This paragraph shall ba liberally construed so as not to hinder or iwpeda the County of Haraii is coacractiaq for nay project !evolving linaacial aid from the ladaral government. I! the auecasslul olfaror is other than s sole proprietorship, it shall submit satisiaetory evidence, •.g. cartilicata or corporate resolution, porer of attorney or other such evidence of authority of the ¦igaers' authority to execute oa the contract data the contract on behalf o! the successful Diddar. If such docurat has bean submitted to the purchasing agaacy oa a previous occasion, the suecasslul o!leror rY submit a cogy of this doeusaat, provided there has Dana ao aradment, modlfieatioa or rascissioa of ehe document previously submitted, sad provided lurther, that no such copy shall be acceptable ualasa the dais of the document ppreviously submitted i¦ dated ri thln one pear o! the contract dais. If there has been a modification, amendment or reseiaeion of the avidanca of authority previously submitted, then the auperaedinq document shall Da attechsd to the eoatract. 3.4 CONTRACT HOHD The raquiremant for contract performance and pa nt bonds, if any, shah be stated in the Spacial Provisions of the solicitation. when raquared by the Special Proviaioaa, a performance bond and a payment bond shall be delivered by the contractor to tDa County of Haraii at pe same time the executed eoatract is delivered. Hach amount of the performance and GENERAL TERMS AHD CONDI;IDNS -12- ,J1J:.Y 1, 1994 payment bonds shall not exceed fifty per cent of the amount of the contract price: provided, for contracts where contrac[ price cannot be determineC at tye time of award, the amounts of the bands shall be as stated is the solicitation. The acceptable performance and payment bonds are the name as the acceptable bid or ppropposal security deposit specified is section 2.6. (Refer to Exhibits C, D, E, F, G, and H for the forma to be submitted. ) If a surety bond is submitted for either the performance or payment bond, is addition to the form prescribed, a power of attorney for the surety's attorney-ia-fact executing the bond shall a provided. ~ 5 FAILURE TO EXECUTE CONTRACT If the offeror to whom a contract is awarded shall fail or neglect to eater Sato the contract and to furnish satisfactory security as required by Section 3.4 within tea days attar such arard or within ouch further time as the procurement officer map alloy, the purchasing agaacy shall pay the amount of o fsror's proposal guaranty as raga red under Section 2.6, into the County Treasury as a realisation o! ~ths County of Haraii. She praeursmeat officer may thereupon arard the contract to the ae:t lowest res~oasible offeror or mapp call for asr oflars, whichever method he map deem Sa is the beat iatersat of the County of Haraii. ~.6 RETURN OF OFFER GUARANTIES All offer quaraaties submitted as required by subchapter 24, chapter 3-122, BAR, shall be retained until the succesatul oifsror eaters Sato contract sad furaiahea aatisisetorp aeeurit~ or i! the coatraet is not arardad or catered Sato, until the procurewat o licsr's detarmiaation is mods to publish another call for olfers. At such time, all offer quaraatiea, azeept aurstp bonds, rill be returned. 3.7 SUBMISSION OF IESQRINCE CER2IFICA?ION She eoatraetor agresa to deliver to the County o! Haraii, rhea coatraet doeumenta ors executed, a certificate of iaauraace evideaciaq as7 sad all iasuraaee required by the special provitioaa. Said certificate shall contain as •ndoraeaeat that sash insurance u not be cancelled except upon thirty dayys notice to the Couatp o! Haraii. It shall also contain • ¦tatemeat to the elfact that the Couatp o! Haraii is named additional insured under the policy(a), i! required by the Spacial Proviaioaa. Failure of the eoatraetor to provide sad keep in Loree iaauraac• policy(a) as r•~ red shall be r arded as material default under this contract, entitling the County o! Hawaii to es.rcise nap or all of the remedies provided is thin coatraet for a default o! the eoatraetor. SECTION 4 _ PEEF0RM11NCE OF COtI?RACS 4.1 CONTRACS ADMIIR S7RAiION It i• e:preaaly uaderatood sad agreed that the eoatraetor i• as indspeadeat eoatraetor, rich the authority to control sad direct the performaacs sad details o! the work sad aervies• herein coatsmplatedr however, the County of Haraii rstaina the general right of inspection by a deaigaated repraseatativs is order to judge, whether is the County'¦ oppialioa, each work is being partormed by the eoatraetor is aeeordaaee with tFse terms of thin agresmaat. 4.2 COMPLIANCE NISH CONiRAC2 ?ERNS. ETC. She cork shall be completed is eealorsity with the spsciticatioas sad each sad every requirement of the general taram sad conditions sad other provisions Lorminq a ppart o! the contract. Ia the swat the eoatraetor tails to so p•rtorm, the chit! procurement olticer or head of the purchaaiaq agency, is addition to as other raeourae. reaerve• the right to suapsa the contractor from bid~iaq oa any or all County of Hawaii eontraete pursuant to Chapter 3-126, HAII. GENEYAL SERNS AND COHDISI09S -13- JULY 1, 1994 4,3 CHANGE ORDERS AD?D MODIFICATIONS The coatraetor rill not undertake to perform the portion of the rork affected by the changes until a change order or modifieatioa has been approved and issued. (Refer to Exhibit I for Contract Modification form and Exhibit J for the Change Order form.) SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITY 5.1 LAMS TO BL OBSERVED The coatraetor shall at all times observe and comply rith all federal, state and local lace or ordinances, rules and requlatioaa rhieb in nay maaaer affect those engaged or employed is the performance of the rork, the manufacture and sale o! eaterlale and equipment required wdsr the contract, and the eoaduet o! the rork. The contractor shall also comply rith all such ordera and decrees o! bodies or tribwals haviaqq nay jurisdiction ar authority over the rork. Any relereaee to such lave, ordiaaaess, rules and regulations shall include nay amaadmaata thereto. The coatraetor shall protect and iadamnify the Cowty of 8araii sad all its officers, ageata and smploysea against nay claim or liability ariaiaq from or based on the violation o! nay such lava, osdiaaaees, rules and regulations, orders and decrees, rhether such violation is coseitted by the contractor or hie aubcoatraetor or the employee or either or both. If say diaerepaacy or iacoasisteacy is discovered is the contract !or the rork is relation to nay such lava, ordinaacas, rules and requlstioas, ordera or dsczeea, the eoatractor shall lorthrith report the same to the procures~eat officer is rtitiag. 103 and r 5.2 PATENTED ARTICLE The contractor rill be required to, and shall hold the Cowty of Haraii sad its duly authorised re reaentatives harmless agaiaat all demands, claims, actions, suite or liabilities ariaiaq iron the we of nay ppatented article, patented process or patented appliaaee used in eoaaeetioa rith the contract. Any royalties dw or becomiaq dne for the we o! nay psteated article or process shall be aid by the eoatractor sad shall be deesud to be iaeludsd rithia the proposal amount sad contract price. 5.3 SVBCONTRACTING AND ASSIGNING The coatraetor shall not subcontract nay of the rork to be performed wader his coatzact rith the Cowtyy o! 8araii, nor shall he assign the eoatract to nay other person or lira rithout rrittea permission from the procuresient officer, and ao subcontract or asaigaaieat made rithout ouch permission rill bs recognised. No subcontract shall, under nay cireumstaacea, relieve the contractor of hit obligation sad liability wader his contract rith the Cowty of 8eraii, sad all persons ea aged in perlormiaq the rork covered by the contract shall be coaaidered employees of the coatraetor. 5.4 ASSIGNl~NT OF ANTITR4ST CLAIMS Vendor sad purchaser reeogaise that in actual economic practice, ovarchargae resultanq from antitrust violatioaa ors in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for ouch overcharges as to goods sad s~atsrial¦ purchased is connactioa rith thin order or contract, except as to overcharges rhicb result from antitrust violations eosmeaciag after the price is established wader this order or contract sad rhich ere not passed on to the purchaser under as escalating clause. 5 RE~PON~IBI•ITY FOR DAu~GE CL~IM~ The contractor shall Sadsmnify, hold harmless sad defend the County of 9araii sad its officers, employees, agents, and rsprseaatatyvas from all suits, actions, claims, damages, and judgements of any character that may be GENERAL TERKS AND CONDITIONS -14- JDI,Y 1, 1994 brought against the County of Haraii by rhomsoever, oa account of any injuries or damages sustained by any person and property, due to the negligent acts or omissions by the contractor, or any of his officers, employees, subcontractors, assignees, oz representatives, is the performance of the contract. Ia the event the County of Hawaii and the contractor are found to be point tortteasors with respect to nay such injuries or damages, the contractor's obligations to indemnify the County of Hawaii under this section shall eztead only to the contractor's pro rata share of negligence as determined i¢ accordance with section 663-1 Hawaii Havisad Statutes. 5.6 PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying oui nap of the provisions of the eoatract or is szercisiaq any porer or authority granted to them by the contract, there shall be no liability upon the procurement officer or hie authari:ad representatives, either personally or ss oLfieials of the County of Hawaii, it being understood that is ¦ueh matters, they net solely as ageata sad repraaantatives of the County of Hawaii. 5.7 CONTRACT PROVISIONS TO CONSIDER TRAFFIC Unless otherris• prohibited by far, all public contracts arardad shall consider the eztaat to rhich the wrk undertaken pursuant to the contract will increaa• traffic congestion. She contract shall contain provisions to reasonably minimise any adverse impact. cvCTION 6 - MODIFIGSIONS AND SEH1tiNASiONC OF CONTHACTe FOR GOODS ~rD tERVICEt 6.1 GENERAL (A) This section of the general farms sad conditions apply to goods sad services contracts. (H) PurausaL to the provisions o! section lO3D-SOl, BHS, the chief pprocurement officer or the lead o! s purchasing agency shall make a rrittan determiaatioa describing the circumstaacee iwtilyiaq the, variation or variations sad provided that notice o! nay such material variation shall be stated in the invitation Lor hide ar regwsts !or proposals. (C) Any material variation from these clauses shall be described in the solicitation documents in subataatially the Lollorinq lorm~ "General Teems sad Conditions Section ao. , entitled is not a part~e gqeneral Lezma co t one o this contract sad hss beta repplaced by Special Proviaioas clause no. eatiLled " (D) Alternative clauses are allowd is •ome instances to permit accommodation o! differing coatsaet •ituatioas. 6.2 CAANGES Ilf FI3DID-P4ICE CORSBACTS (A) Change order. iha procuresrat officer say, at nay time, by a rrittea order, (l:hibit J), and rithout notice to nay surety, and subject to all approppriaG adjustments, make ehange¦ rithia the general scope of thi¦ eoatract is nay one or more o! the folloriagt (1) Drariaagqs, d~iigqaas, or speeiLicatioas, !L the goods to be tarnished era to be •petinily manufactured for the Countyy o! Haraii Sa aeeordaaee thereriths (2) Method o! shipment or paekiags os (7) Place o! delivery. (H) Adjuatmeats of pprice or performance tis~e. If nay such change order increases or decreases the contractor's cost o!, or the time ravuirad for, performance of nay part oL the cork under this eoatract, the r or not changged by the order, as adjustment shall be made sad the eoatract modified is rritinq accordingly. Any adjustment in eoatract price made ursuaat to this section shall be yetermiaed in accordaae• rith the price ad~ustmaat Section 6.2. GENERAL TEYMS AHD COBDITIONS -15- JIIL7 1, 199 (C) Tailura of the pparties to agree to an adjustment shell not ezeuse the contractor from proceeding rith the contract as changed, provided that the procurement officer promptly sad duly makes such provisional adiusesieats is payment or time !or pertormance as say be reasonable. By pproceed ag ritb the cork, the contractor shall not be deemed to have prejudiead any claim for addit3oaal compensation, or as ezteasion o! time for completion. (D) time period !or claim. fiithia thirty days alter receipt of a rrittsa ehaags order wdar paragraph (A), wlesa such period is eztanded by the procurement oliicer is rritiaq, the contractor shall lilt notie• of intent to assert a claim !or as adjustment. Later aotilicatioa shall not bar the contractor's claim wles¦ the Cowry is prejudiced by the delay in notification. (E) Claim barred attar final papmeat. No claim by the contractor for an adjustment herewder shall be allorad i! aotie• i• not given prior to final payment wdar thin coatraet. (T) Other claims not barred. In the abseae• o! such a change order, nothing is this claws shall De deemed to restrict the eontrsctor'a right to pursue a claim as persitted wdar the contract or !or breach of contract. 6.3 CRAHGES IN LOSS-REI1~iIRSEI~N4 CONSRACSS The provisioaa oL 6ection 6.2 are also to be wed for coat-reimburaamant contracts, provided further that nay claims for reimburaeseat by the contractor shall be is accosdaae• rich chapter 3-121, BhQ, provided that if a rrittan detersination i• approved at a level above the procurement otiicar, such coat priaciple¦ may be sodilied by contract. 6.4 A02AORIZASION fOQ A SSOP 1fORE ORDER (A) Seatioa 6.5 applies to nap li:ed-price coatraet under rhieb cork stoppage say be r~eqquiradd for reasoaa such as advaacemeata is the atat• of the art, production modifications, •ngiaeeriaq chaagea, or realignment o! programs. (B) Stop cork orders shall not ezeeed ¦iztyy consecutive days sad shall include, as appropriate: (1) A clear deacr3ptioa of the cork to be auspsadedt (2) Iastruetiona as to the issuance of further orders by the contractor !or saterial or aervicesi (3) Ouidaaee as to action to be taken oa aubcontractst and (4) Other inatructioaa sad suggestioas to the contractor !or minimizing costa. (C) Aa soon as leaaible altar a atop cork order is issued: (1) Tha coatraet rill be tersiaatedt or (2) She stop cork order rill De teaseled or aztandad in rritiaq beyond the period specified is the order. (D) Ia an avant, nose sueb aetioa must be taken before the specified stop cork period expires. If an ezteaaioa of the stop rock order is necessary, it anut be evidenced by a aupplamaatal agreewnt. Any csacellatian of • atopp cork order shall be subject to Che aria approvals as re re required for the issuance of the order. 6.5 SSOP MORE 08DERS (A) Order to stop cork. The procurement officer, say, by rrittan order to the eoatreetor, at nay time, and rithout notice to asy surety, require the contractor to atopp all or any part of the cork Balled for by Chis contract. Shia order shall be for a specified period not ezceedinq siztp days sitar the order is delivered to the eoatractor, wless the parties agree to any further period. Asp such order shall be identified apacifically as a stop cork order iasuad pursuant to thin Paragraph. Dpoa receipt of such an order, the contractor shall forihrith comply rith its terms sad Cake ell reasonable steps to siaim3:a the oeeurreace of coats alloeabl• Co the cork covered by the order during the period of cork atoppags. Baiors the stop cork order •zpirea, or rithia any further period to rhich the parties shall have agreed, the proeuremaat officer shall either: (1) Cancel the stop cork order; or (2) Terminate the cork covered by such order sa provided is the "termination for detaul[ clause" or the "termiantloa for convenience clause" of this contract. GENERal. SERYS AND CONDISIONS -16- JIT1.Y 1. :994 (9) Cancellation or ezpiratioa of the order. If a stoQ work order issued under this section is canceled at nay time during the period specified in the order, or if the period of the order or any azteasion thereof azpiras, the contractor shall have the right to resume work. An appropriate adjustment shall ba made is the delivery schedule or contract Arica, or bath, and the contract shall ba modafied in writing accordingly, if: (1) The atop rock order results in as iacraaae in the time requiredd for, or in the contractor's cost ~roperly allocable to, the performance of nay part of this contract; and (2) T e contractor asserts a claim Lor such as adjuatmant rithin thirty days after the end of the period of work stoppage; provided that, if the procurement officer decides that the facts justify such action, anY aueh claim asserted may ba received and acted upon at nay time praor to final payment under this contract. (C) Termination of stopped work. It a stop work order is not canceled and the cork cove;ad by such order is terminated for default or coavaniaace, the raasoaabl• costs reaultinq from the stop work order shall be allowable by adjustment or otherwise. (D) Adjustment of price. Any sdjuataieat in contract price made pursuant to this clause shall be determined in accordance rith the price adjustment clause of this coatraet. 6 6 VARIATIONS IN ESTIMATED OLA_b'PITILS POR DEFINITE OUj~~?'_*ITY CONTRACTS variation is quantity. Upon the agreement of the parties, the quantity of goods or services or both specified is thin eoatract may be increased by a maximum of tea percent provide s the wit prices rill remain the same except for any price adjustments otherwise applicable; sad the pprocurement otticar makes a written detarmiaatioa that such as increase rill either be more economical than arardiaq another coatraet or that it mould not be practical to award snotbar eoatract. 6.7 VARIATIONS IP ESTIMATED OUANSITIES !Ot INDEFINITE OIIAtTI1R CONTRACTS No clause is provided here becswe is indefinite qusatitrr coatrace¦ the flszibilitp as to the Cowt7'sde~iligatioa to order sad thi contractor's obligation to delivery should bbee geed to stet uaiaq agency needs. eowwer, the contracts Special Provisions should provide tor: the minimus quantity, i! nay, the County o! Haraii is obligated to order sad the contractor to provide) rhether there is s quantity the County of Haraii azpects to order sad hoc this quaatit77 relates to nay miaimus sad maximum quantities that may be ordered wader the contraet7 nay merinos quantity the Cowry of Saraii may order sad the contractor must provider sad rhether the Cowry o! Saraii is obligated to order its actual requirewats under the coatraet, or is the ease o! a m~ltlpple arard as defined in section 3-122-160, HAt, that the County of Haraii rill order its actual rquirementa Eros the contractor wader the stultipl• arard subject to nay minimum or mazimum quantity stated. 6.S PRICt ADJUSTMEIPS Price adiustmeat. Any adjwtmeat is contract price pursuant to a provision is tfie coatraet shall be made in one or more of thn lollorinq raysi (A) Hy aagqrreeswnt on a tied price adjustment Delore coosasncasaat of the pertinent performance or ss soon thereafter as praeticablet (e) By wait prices specified is the coatraet or subsequently agreed upon; (C) By the costs attributable to the event or situation covered by the clause, plus appropriate profit or lee, all as specified is the coatraet or subsequently agreed upon; (D) Ia such other meaner as the parties map mutually agree; or (E) Ia the absence of agreement betrsea the parties, by a wilateral datarmiaation by the procurement otfieet o! the costs attributable to the event or situation covered by the clause, plus appropriate profit or tea, all as computed by the procurement oZlicer 3n accordance rich generally sceapred aeeowtiaq principles and applicable aeetiaas of chapters 3- Y3 sad 3-126, g . GENEtAL TERMS AFD CONDITIONS -17- JULY 1, 1994 Submission of cost or pricing data. The contractor shall provide coat or pprating data for aspp pprice adjustments subject to the provisions of subchapter 15, chapter 3-122, HAR. 6 9 NOVATION OR CAANGL Ot NAME (A) Ho assigawat. No County of Haraii contract is transferable, or otberriae assignable, rithout the written coaaeat of the chief procurement officer or the head o! a purchasing agency provided, that a contractor ma assaga monies receivable under a eoatrset after due aoiics to the County of Haraaa. (e) ftseogaition o! a successor in interest; aovatioa. Nhea is tba best interest of the County o! Haraii, a successor is interest may be recognazad in a aovatioa agreement is rhich the transferor and the transferee shall agree that: the traasfaraa assumes all o! the translaror's obligations; the trsnsfsror raives all rights under the contract as against the County of Haraiit and unless the traasleror quarant•as performance of the contract by the traasleree, ebe traasleree shall luraish alI required bonds. (C) Change of saw. Nhea a contractor requests to change the name in rhich it holds a aoatraet rith the County o! Haraii, the procurewae o!licer respoasibl• !or the eoatract shall, upon receippt of a document indicating such change o! name (!or •zample as awadment to the articles of iaeorporat oa of the corporation), antsy Into as agr•wat rich the r•qu•stiaq coatractoz to •lfeet such a change o! saw. the agreewat changing the saw shall ap•eifieallp indicate that ao other terms sad coaditioaa o! the eoatract are thereby changed. (D) Re rte. All change o! name or aovatioa agreewnta •flected hereunder other then byy the chiai ysoaurawat offices shall b~ reported to t6• ehaa! proeuremeat olfieer ritbia thirty days o! the data that the agreement becomes effective. (8) Actioaa a!lectiaq more than one urchaainq ageacp. Yotrithstaadinq the provisions of paragraphs (A) throuq~ (C), rhea a eoatractor holds eontrscta with more thaw one puschaaiaq ageacp o! the County o! 8araii, the aovatioa or change of saw agreewata hernia authorised shall be processed only through the oflic• of the chic! procurewnt o!licer. 6.10 CLAIMS RASLD ON A PR PLMElTI OIfICER'S ACTIONS OR OMISSIONS (A) ]notice o! Clair. I! nap action or omission on the part o! a proeurswat officer or designee of nosh officer, requiring rtormaac• ehaagaa ratttin the aeope of the eoatract conatituG• the baaia for a claim by the contractor !or additional compensatloa, dosages, or as ezteasion o! time !or completion, the contractor shall eoatiaw rith riormaace of the eoatract is compliance rith CLe directions or order¦ of suc~ officials, but by so doing, the coatractoz shall not be deewd to Lave prejudiced nay claim for additional companaation, damages. ar as e:tenaioa o! time !or completioat provided: (1) She contractor shall Lava given mitten notice to the proeuremeat officer or deaigaee of such officers Prior to the coeseeaeewat of the rork iawlwd, i! at that time the eoatractor kaore o! the occurreaee o! arch action or omiaaiont Nithin thirty days attar the contractor d!d not have •uch kaorledge prior to the eosoeaeeeiaat of the rorkt or NSiLia ¦ueh further Lima as map be allowd by the procurewnt officer in rritiaq. This notice shall state that the contractor regards the act or omisaaoo as a reason rhicL map entitle the eoatractor to sdditioaal eompenaatioa, damages, or as ezteaaioa of Lima. She procurement officer or designee of such officer, upon receipt of such notice map rescind such action, remedy such omaasaoa, or take such otLar stapa as may b• deemed advaaabls as Che discretion o! the procurement officer or deaigaae of such officer; (2) Ths aoiics required by subperngrapb (1) describes as clearly as practicable at the lima the reasons rbp tLe contractor believes Gbat sdditioaal eommpp•aeataoa, damages, or an •:tension of time any be cemadies to rhich the coatrector is entitled; and GENERAL TERMS AND CONDITIONS -18- JITLY 1, 199{ (3) The contractor maintains and, upon request, makes available to the procurement officer vithln a reasonable time, detailed records [o the extent practicable, of the claimed additional costa ar basis for as ezteasion of time is connection with such changes. (B) :.im3tatioa of clause. Nothing herein contained, shall ezcusa the contractor from compliance with anY rules of lav precluding nay County officers and nap contractors from acting in collusion or bad faith in issuing or performing change orders vh3ch era clearly not v3thia the scope of the contract. (C) Ad7ustmaats of price. Asp ad7ustmeat is the contract price made pursuant to this clause shall bs determined is accordance rith the price ad~ustmant clause of the contract. 6.11 TERMINJITION FbR DEfA[iLT (A) Termination Lor default. If the contractor refugee or fails to perform nay of the proviaioas o! this contract with such diligeae• as will ensue its completion rithia the time specified is this contract, or any e:taaaioa thereof, otherris• Lails to timely satisfy the contract provisions, or commits nay other substantial breach o! this contract, the procurameat officer map notify the coatraetor in rritinq o! the delayy or non-performance, sad if not cured is tea days or any longer time specified in rritinq by the procurement officer, such oilicer mat terminate the eoatractor'¦ right to pproceed rith the contract or such part o! the contract as to rhich there has been delay or • Lailure to properly perform. Ia the event oL termination is vhol• or in part, the procures~eat oilicer suty procure similar goods or services is a ~.....~r sad upon terms deemed appropriate by the procurameat officer. The contractor shall continue periormaaee o! the eoatraet to the eztent it is not teraiaated sad shall be liable Lor crease costs incurred is procuriaq similar goods or services. (H) Contractor's duties. Hotrithataadinq termination o! the coatraet sad subject to nay directions Lrom the proeurewat officer, the coatraetor shall take timely, reasonable, sad necessary action to protect sad preserve property is the possession o! the coatraetor is rhich the County o! Haraii has as iatsreat. (C) Compensation. Pa at !or completed goods delivered sad acceppted by the Couatp oL Hawii shall be at the coatraet price. Payment £or the protection sad preservation of proppe~rty shall be is an amount agreed upon by the contractor sad ptocures~eat oilicer! i! the parties fail to agree, the procurement oilicer shall set an amount tubi•ct to the eoatractor • rights under chapter 126, Hu. The County o! Haraii suty rithhold from aswuats due the eoatractor ouch soma u the procuresrat oilicer deems to be necessary to protect the Count? 0! Saraii against los• because o! outstanding liens or claims of former lies holders sad to reimburu the County oL Haraii Lor the ezcea¦ costs incurred is procuriaq similar goods and services. (D) Fseuse for nonppeerlorsuusce or delayed periorsaaee. 7tzcept rith respect to defaults o! snbeoatsactota, the eoatractor shall not be is default by raaaoa o! any failure is performaaee o! this eoatraet is accordance rith its terms, including nay failure by the coatraetor to suske progres¦ is the prosecution of the wrk hereunder rhich endangers ¦uch ppeerlormaace, ii the coatraetor has notified the procurameat oilicer rithia !iltiea days after the cause of the delay sad the failure arises out o! causes such asp acts of Godf seta o! the public enemy! acts o! the Stab sad nay other goveraseatal bod is its soverei or contractual capacct77f fires! lloodsJ epidemics! quaran iae restrictioasf~ strikes or other labor disputeef freight embargwsf or unusually aavere wather. I! the failure to perform is caused by the failure o! a aubeoatractor to perform os to make progress, sad i! such failure arises out oL eauaes similar to those set forth above, the coatraetor shall not be deemed to be is default, ualea• the goods or ¦ervices to be furnished bi the subcontractor wre uareasoaablp obtainable from other aourees in sufficient time to permit the eoatractor to meet the coatraet requires~eats. Opoa r•qu•at o! the contrsetor, the procurameat oLticer shall ascertain the facts sad a:tent o! such failure, sad, i! ouch oilicer determines that nay failure to perform ran occasioned by asy one or mare oL the ezcusable causes, sad that, but Lor the ezcusable cause, the contractor's progress sad CEHEIIAL ?ESMS AHD CONDITIONS -19- JIILY 1, 199 parformaaes mould have met the terms of the coatraet, the delivery schedule shall be revised accordingly, subject to the rights of the County of Saraii wader the elaua• caret •d in fired-price coatracta, "termination for Coavaalenca" and is cost-raiaiburaemant contract, "Termination". As used is this paragraph of this clause, the term "subcontractor" mesas subcontractor ac any tier. (E) Erroneous termination for default. If, after aotica of termination of the coatraetor'a right to proceed under the provisions of this clause, it is determined for nay sesaoa at the contractor vas not is default under the proviaioas of the clause, or that the delay ras ezeusabl• wader the provisions of paragraph (4), Ezcua• for aoaperLormaac• os delayed periotmaac• of thin clause, the rights end obligqations o! the parties shall, if the contract contains a clause providing [or termination for coaveaieaca of the County of Saraii, be the sane as if the notice o! termination had bees iatued pursuant to such clause. I!, is the Loregoiaq circumstances, thi• contract does not contain a clause providing for termination !or eoaveaieac• o! the County of Barsii, the coatraet shall be adiusted to compeasat• !or aueh termiaatioa and the eoatrsct modified according y subject Co the eontrsetor's rights wader chapter 3-126, BAS. (T) Additional rights sad remedies. The rights sad reaudie• provided is Chia clause are is addition to nay other rights sad remediee provided by far or under this coatraet. 6.12 LIOVIDATED DAMAGES (A) The Lolloriaq is !or goods or services coatracta rhea it is difficult to determine rith reasoaabl• accuracy the aeouat of damage Co the County of Barsii due to delays caused bf late ooatractor perlormaac• or aonperformanee sad the eoatrsct contains the brwiaation !or default clause set Lorth is section 3-125-11, BAY. (1) Liquidated damages. Mhea the ooatractor i• given aotica of delay or aoaperlormanc• as specified is Section 6.11(A) ierminatioa !or default clause oL this coatraet sad fails to cure is the time specified, the eoatractor shall be liable !or damaq•• !or delay in the dollar eaouat specified in the liquidated damages proviaioa of the Special Provisions, i! nay, per calendar dap iron date eat !or care until either the County o! Saraii reasonably obtains similar goods or servin• if the eoatractor i• brmiaated Lor default, or until the contractor pprovides the aupplles or eervieea i! the contractor i• not Eersiaated !or default. io the ezieat that the contractor's delay or aaaperlormance i¦ ezcnaed wader paragraph 6.11(D), ezcus• Lor aoaperlosmanc• or delayed periorsu?ace o! the termination !or default elaw• of ibis contract, liquidated daaoseeqq•s shall not be due the Conatp o! Baraii. The eoatractor cassias liable Lor damages caused other thaw by delay. (B) If the contract rill not have a termination !or default clause and the liquidated Qamaq•s are to be aaseseed !or reasons ocher thaw delay, the chief procurement officer or Che heed of a purchaaiaq agency say appr~va the use o! nay appropriate liquidated damages clause. 4.13 TERMINATIOR TOY COlIVENIEliCE (A) Termiaatioa for eoavenieacs. The procurement officer wy, rhea the iaterssts o! the County of Saraii eo require, terminate this contract Sa thole or is part, Lor the eoaveaieac• of the County of Barsii. The procurement officer shall give rrittea notice of the grmiaatioa to the eoatractor spscil~iag the part of the contract terminated and rhea termination becomaa affective. (B) Coatraetor'a ohligntiona. Tbs eoatractor shall incur ao further obligations in conaectioa rith the terminated cork sad oa the dates set is the notice of termination the eoatractor rill atopp cork Co the errant apeeSfied. The contractor shall also terminate outataadiaq orders sad subcontracts as theyp relate to the terminated cork. The eoatractor shall settle the liaDilitiea nad claims ariaiaq out of the termination of subcontracts and orders connected rith the terminated cork. Ths procurement officer nay direct the contractor to assign tbs contractor's right, title, and iateraat under terminated orders or subcontracts to tbs County of Baraii. The eoatractor must still complete the cork not terminated Dy the notice of tsry.,iaat~on cad may incur obligations as are aeceeaarp to do so. GENERLt. PEENS A27~J CDNDISIDNS _20_ JiT1.Y 1. 1994 (C) Bight to goods. The procurement officer may require the contractor to transfer tstle sad deliver to the County of Havali is the manner and to the eztent directed by the procurement officer: any completed goods; and the partially completed goods sad materials, parts, tools, dies, )iqs. futures, plans, drar~ags, iaformat~oa, and contract rights, hereinafter called "manufacturing material," as the contractor has specifically produced or specially acquired for the performance of the terminated part of thin contract. She contractor shall, upon direction of the procurement officer, protect sad preserve property is the possession of the contractor is rhich the County of Havali has an interest. If the procurement officer done not ezercise this right, the contractor :ball use beat the contractor's efforts to sell such goods sad maaufacturiaq materials. Usa of this section is no way implies that the Caunty.of Haraii has breached the contract by ezsreiss of the termination for caavanieace clause. (D) Compeasatioa~ (1) The contractor shall submit a termination claim specifying the amowts due based oa the termination for conveaiene• tog•tber rith coat or pricing data to the •:teat required by subchapter 15, chapter 3-122, 81.8, bearing on such claim. If the contractor lail• to !il• a termination claim rithia one year Eros the •!leetive date of termination, the procurement officer map pay the contractor, if at all, an amount set is accordance vita subparagraph (7) below. (2) The procurement o!licer sad the contractor may agree to settlement provided the contractor has filed a termination claim supported by coat or pricing data to the ezteat r•gwired by subchapter 15, chapter 3-122, B11t, sad that the settlement does not ezceed the total contract price plw aettleneat costs reduced by payneata previously node bf the Cowell o! 8ara11, the proeeeda o! asZ sales o! goods sad maaulaetur aq materials wader paragraph (c), sad the contract price of the cork not tesmiaaeed. (3) I~bseat complete agrees~ent wader subparagraph (2), the proeuresuat otlicer shall pay the coatsactos the lollorinq amounts, provided paysrata agreed to wader subparagrapph (2) shall not duplicate payments wader thin subparagraph !or the folloriagt (a) Contract prices !or goods or ¦ervices accepted wader the contracts (b) Costs incurred is preparation sad perlorminq the terminated portion o! the mock plw a lair sad reasoaabl• prowl os aueh portion o! the cork, such prolit shall not include anticipatory prolit or cowegwatial damages, less amonata paid or to be paid for accepted goods or servicest provided, that i! it a era that the contractor mould have awtaiaed • loan i~the satire contract mould have been completed, ao prolit shall be allowd or included sad the amount o! compensation shall be reduced to rellect the anticipated rate o! loss) (e) Costs o! settling sad paying claims arising out o! the termination o! subcontracts or order pursuant to paragraph (8) of this clause. Thea• costs mwt not 3aelude costs paid is accordance rith ¦ubparagrsph (3)(b). (d) The reasonable settlement costs of the contractor ineludiaaqq accounting, legal, clerical, sad otber • eases reasonably necessary !or the preparation o! settlement claims sad suppartiaq data rich respect to the termiaaud portion o! the contract sad !or the termination of subcontracts thereuades, together rith reasoaabl• storegqe, transportation, sad other coats incurred is connection rith the protection or die sitioa o! property allocable to the terminated portion of~thia contract. The total sum CLNLBAL ?E81L5 ARD COHDITIOBS -21- JOLZ 1, 1994 to be paid the eoatractor under thin subparagraph shall not •:teed the total contract prate plus the reeaoaable settlement costs o! the contractor reduced by the amount o! payments otherwise made, the proceeds o! nay salsa of goods and maaufacturiaq matariala wader paragraph (C), and the contract price of rork not terminated. (4) Cost claimed, agreed to, or •stabliahed wader subparagraph (2) and (3) shall be in accordance rich chapter 3-123, ]tab. 6.14 TERMINATION FOA COST-REIMBQRSEMENT CONTRACTS Termination !or cost-reimbursement contracts. Tba only coat recognized a¦ allowable shall be is accordance rith the cost praaeiplas ast Lorth is chapter 3-123, BAA, provided that if n written detecmiaatioa is approved at a level above the procurement officer, such coat priaeipl• may be modllied by coatraet. 6.15 DISPUTES (A) All coatroversie• betreea the County of 8araii and the contractor which arise wader, or are by virtue o!, this contract sad rhich aza not resolved byp mutual agreesnnt, shall be decided by the procurement officer is vratinq, rithin one hundred treaty calendar days alter a rritten togwest by the contractor for a final deeisioa eoaceraiaq the coatroversyt provided that if the proeuremeat oifieer does not issue a rritten decision, or rithia aueh longer period as may be agreed npoa by the parties, then the coatraetor may proceed as if as adverse deeisioa had been received. (B) The procuresieat officer shall immediately lurniah a copy of the deeasion to the eaatraetor, by certified mail, return receipt requested, or Dy any other method that provides evidence of receipt. (C) Any such deeisioa shall be Baal and coacluaive, unless fraudulent, or the contractor briegs as action seeking 11udicial revier o! the decision in the cireuat court of the State rithia the si: months from the date of receipt of the decision. (D) Ths coatraetor shall comply rith any deeisioa of the procurement officer sad proceed diligently with perfocmanee of tAis contract pending final resolution Dy the circuit court of tLi• State of nay controversy arising under, ar by virtue ot, this contract, ezceppt there there has been a materia breach of coatraci by the Couatp o! Saraiii provided that is nay event the contractor shall proceed diligently rith the perloreiaace o! the contract there the chief proeuremeat officer Las made a rritten determination that eontiauataoa of rork wader the contract i• essential to the public health sad safety. 6.16 REMEDIES Any dispute arising wader or out of thin contract is subject to chapter 3-126, 1ta8. SECTION 7 - PaYt~NT 7.1 METHOD 0! PAYl~lli Ths method of pa nt wader the contract shall be as set forth is the Special Provisions. Zurther, payment to the coatraetor shall be made as accordaac• coatraet provision at the contracted price(s). Invoices shall bs payable upon certllicatioa by authorised Couatp of 8araii personnel that the eoatractor Las satisfactorily performed the rork required herein. 7.2 FINAL PAYI.QHT In accordance rith aeetioa 103-53, BBS, final payment under an coatraet of 110,000 or more shall not be made until the Contractor has filed oath the ppurchasanq agency a tas clearance from the Stets Director of Ta:atioo that all delaaquent to:ae levied or accrued under State atatute¦ have been peed. 7,3 INTEREST Interest on amounts ultimately determined to be due to a eoatractor or the County of Saraai shall be aynble at the ¦tatutorp rats applicable to 7udgmenta ngaanat the County of Haraii under chapter 66 Z, B85, from t~s dete the claim atone through the date of deeiaaon or judgment, rhichsver is later. GENERAL SEEMS AHD CONDITIONS _2y_ JIILY 1. 1994 (EXHIBIT A) AGREEMENT THIS AGREEMENT, made and entered in to as of the day of A.D. :9 by and between the COUNTY OF HAWAII, hereinafter called the 'County' through its Mayor and of hereinafter called the 'Contractor'. WITN~~S.HTEi THBT: WHEREAS, the written offer of the Contractor has been accepted by the County of Hawaii as the responsive and responsible offer submitted pursuant to a call for offers: NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: A. Scove of Work. The Contractor agrees to perform the following work: all in strict accordance with the terms and conditions of this Agreement. it is understood that this Agreement includes as a part hereof tha General Terms and Conditions, dated ulv 1. 1994 and the Invitation for Bids No. or Request for Proposal No. including the offer, Special Provisions and Specifications contained therein, which are attached hereto. AGREEMENT (EXHIBIT A) -1- July 1, 1994 B. Compensation. As compensation for the Work to be performed by the Contractor, the County agrees to pay the Contractor at the time and in the manner set forth in the Offer Specifications. IN WITNESS WHEREOF, the parties have ezecuted this Agreement, effective the day and year firat above written. COUNTY OF HAWAII By STEPHEN lt. YAMASHIRO MAYOR Hy CONTRACTOR By Its (Affiz Corporate Seal, if applicable) By Its Approved as to Form and Legality: Recommend Approval: Corporation Counsel Date Department Head Date AGrZEEMENT (EXHIBIT A) -2- July 1, 1994 (EXHIBIT B) SURETY BID OR PROPOSAL BOAR Bond No. K2iOW ALL MEN BY THESE PRESENTS: That we, fFull name or legal title of offerorl as Pr:ncipa:, hereinafter called the Principal, and iBondino comoanvl, a corporation duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required authorized by the laws of the State of Hawaii, as Surety, hereinafter called the Surety, are held and firmly bound unto the County of Hawaii, as Owner, in the penal sum of IReoulred amount o° offer securitvl dollars (S lawful money of the United States of America, for the payment of which sum well and truly to ~e made, the said Principal and the said Surety bind ourselves, our heirs, ezecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. WFIERFAS The Principal has submitted an offer for fProiect by number and fief dec_criotionl, ROW, THEREFORE: The condition of this obligation is such that if the County of Hawaii shall reject said offer, or in the alternate, accept the offer of the Principal and the Principal shall enter into a Contract with the County of Hawaii in accordance with the terms of such offer, and give such bond or bonds as may be specified in the solicitation or Contract Documents with good and sufficient surety for the faithful performance of ouch Contract and for the prompt payment of labor and material furnished in the prosecution thereof as specified in the aolicitatioa then this obligation shall be null and void, othezwise to remain in full force and effect. Signed this day of 19_. (Principal) Hy Its (Surety) By Its Attorney-in-Fact SURETY HID OR PROPOSAL HOND (E7QiIHIT H) July 1, 1994 (EXHIBIT C) SURETY PERFORMANCE BOFD Bond No. KNOW ALL MEN BY THESE PRESENTS: That we, [Full name or legal title of Contractor and street address], as principal, hereinafter called Contractor, and fHondina comcanvl, a corporation duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Hawaii, as surety, hereinafter called the Surety, are held and firmly bound unto County of Hawaii, its successors and assigns, as Obligee, hereinafter called Obligee, in the amount of [Required amount of the bond] dollars lawful money of the United Sates of America, for the payment of which to the said Obligee, well and truly to be made, Contractor and Surety bind ourselves, our heirs, ezecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. FTF~REAS The Contractor has by written agreement dated [Date of contract] entered into a contract with Obligee for [Project by number and brief description], and is hereinafter referred to as the Contract. AOW, THEREFORE: The condition of this obligation is such that, if Contractor shall promptly sad faithfully perform said Contract then this obligation shall be null and void; otherwise it shall remain in full force and affect. The Surety hereby waives notice of sny alteration or eztension of time made by the Obligee and its obligation is not affected by any such alteration or eztension provided the same is within the scope of the contract. Whenever Contractor shall be, and is declared by Obligee to be in default under the Contract, the Obligee having performed its obligations thereunder, the Surety may promptly remedy the default or shall promptly: 1) Complete the Contract in accordance with its terms and conditions; or 2) Obtain an offer or offers for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the responsive and responsible offeror, arrange for a contract between such offeror and the Obligee, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragrap!:) sufficient funds to pay the cost of completion less the SURETY PERFORMANCE HOND -1- (EXHIBIT C) July 1, 1994 balance of the contract price; but not ezceeding, including other costs and damages for which the Surety -.ay be liable hereunder, the amount set forth in the frrst paragraph hereof. The term 'balance of the contract price,' as used in this paragraph, shall mean the tota: amount payable by Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by County of Hawaii to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee. Signed and sealed this day of 19_. (Principal) (SEAL) 'HY Its `eY Its (Surety) (SEAL) 'HY Its Attorney-in-Fact •ALL SIGNATURES MUST HE ACKNOWLEDGED HY A NOTARY PUBLIC SURETY PERFORMANCE BOND -2- (E7QiIBIT C) July 1, 1994 (EXHIBIT D) PERFORMANCE BOND KNOW ALL MEN HY THESE PRESENTS: That [Full name or legal title of Contractor and street address], hereinafter called Obligor, is firmly bound unto the County of Hawaii, its successors and assigns, hereinafter called Obligee, in the amount of [Required amount of the bond] dollars lawful money of the United States of America, for the payment of which the Obligor does hereby bind himself/herself/itself and his/her/its heirs, ezecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. As security for the above obligation, Obligor attaches hereto [Legal tender; certificate of deposit; share certificate; and/or cashier's, treasurer's, teller's, official or certified check(s)] in the amount of [Required amount of bond] dollars WHEREAS: The Obligor has by written agreement dated [Date of contract] entered into a contract with Obligee for [Project by number and brief description], and is hereinafter referred to as the Contract. NOW, THEREFORE: The condition of this obligation is such that if the Obligor shall promptly and faithfully perform said Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Obligor hereby waives notice of any alteration or eztension of time made by the Obligee and its obligation is not affected by any such alteration or eztension provided the same is within the scope of the contract. Whenever Obligor shall be, and is declared by Obligee to be in default under the Contract, the Obligee having performed its obligations thereunder: 1) The Obligor may promptly remedy the default or shall promptly complete the Contract in accordance with its terms and conditions; or 2) If the Obligor fails to promptly remedy the default or complete the contract in accordance with its terms and conditions, the Obligee shall arrange for a contract between another Contractor and the Obligee, and the Obligee will pay the cost of completing the contract, plus any administrative costs incurred by the Obligee in securing another contract or contracts, less the balance of the contract price from the security amount set forth in the first paragraph above (even though there should be a default or a succession of defaults under the contract PERFORMANCE BOND _1- (EXHIBIT D) July 1, 1999 or contracts of completion arranged under this paragraph); but not ezceeding the amount set forth in the first paragraph hereof. The term 'balance of the contract price,' as used rn this paragraph, shall mean the total amount payable by Obligee to Obligor under the Contract and any amendments thereto, less the amount properly paid by Obligee to Obligor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee. Signed and sealed this day of 19_. (Principal) (SEAL) 'BY Its "BY Its *ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC PERFORMANCE BOND -2- (EXHIBIT D) July 1, 1994 (EXHIBIT E) SURETY LABOR AHD MATERIAL PAYMENT BOND Bond No. RPOW ALL MEP BY THESE PRESENTS: That [Full name or legal title of Contractor and street address] as Principal, hereinafter called Contractor, and [Bonding Company], a Corporation duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of Hawaii, as Surety, hereinafter called Surety, are held and firmly bound unto the County of Hawaii as Obligee, hereinafter Called Obligee, for the use and benefit of claimants as hereinbelow defined, in the amount of [Required amount of bond] dollara (S ) for the payment whereof Contractor and Surety bind themselves, their heirs, ezecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS: The Contractor has by written agreement dated [Date of contract], entered into a contract with Obligee for [Project by number and brief description], and is hereinafter referred to as the Contract. POW, Tf~REFORE: The condition of this obligation is auch that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) A claimant is defined as one having direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. 2) The above-named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full before the ezpiration of a period on ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such SURETY LABOR AND MATERIAL PAYMENT BOND -1- (EXHIBIT E) July 1, 1994 sum or sums as may be justly due claimant, and have ezecution thereon. The Obligee shall not be liable for the payment of any costs or ezpenses of any such suit. 3) No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: the Contractor, the Obligee, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be personally served or served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor at any place the Contractor maintains an office or conducts its business. b) After the ezpiration of one (1) year following the date on which the last of the labor was performed or material wan supplied by the party bringing suit. c) Other than is a court of competent jurisdiction of the county or district in which the construction contract was to be performed. 4) The amount of this bond shall be reduced by and to the eztent of any payatant or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. SURtR~C LABOR AND MATERIAL PAYI~NT BOND -2- (EXHIBIT E) July 1, 1994 Signed and sealed this day of 19_ . (Principal) (SEAL) 'By Its 'ALL SIGNATURES MUST HE ACKNOWLEDGED HY A NOTARY PUHLIC 'BY Its (Surety) (SEAL) *Hy Its Attorney-in-Fact SURETY LABOR AND MATERIAL PAYMENT BOND -3- (EXHIBIT E) July 1, 1994 (EXHIBIT F) LABOR AND PAYMENT BOND gpp{q AT•7• MEF BY TIiESE PRESENTS: ':hat [Full name or legal title of Contractor and street address] hereinafter called Obligor, is held and firmly bound unto County of Hawaii as Obligee, hereinafter called Obligee, for the use and benefit of claimants as herelnbelow defined, in the amount of (Required amount of bond] dollars (S ) for the payment of which the Obligor does hereby bind himself/herself/itself and his/her/its heirs, ezecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. As security for the above obligation, Obligor attaches hereto [Legal tender; certificate of deposit; share certificate; and/or cashier's, treasurer's, teller's, official or certified check(s)] in the amount of [Required amount of bond] dollars (S WFIEREAS The Obligor has by written agreement dated [Date of contract]. entered into a contract with Obligee for [Project by number and brief description], and is hereinafter referred to as the Contract. POW, THEREFORE: The condition of this obligation is such that, if Obligor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, thea this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) A claimant is defined as one having a direct contract with the Obligor or with a Subcontractor of the Obligor for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material, being construed to include that part of water, qaa, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract. 2) The above-named Obligor agrees with the Obligee that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have ezecution thereon. The Obligee shall not be liable for the payment of any costs or ezpenses of any such suit. LABOR AND MATERIAL PAYMENT BOND -1- (E]CHZBIT F) July 1, 1994 3) No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Obligor, shall have given written notice to the Obligor and the Obligee within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which sold claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be personally served or served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Obligor at any place the Obligor maintains as office or conducts its business. b) After the ezpiration of one (1) year following the date on which the last of the labor was performed or material was supplied by thn party bringing suit. c) Other than in a court of competent jurisdiction for the county or district in which the construction contract was to be performed. 4) The amount of this bond shall be reduced by and to the eztent of any payment or payments made in good faith hereunder. Signed and sealed this day of 19_ . (Obligor) (SEAL) • By Its ~By Its •ALL SIGNATURES MUST BE ACKNOWLEDGED HY A NOTARY PUBLIC LABOR AND MATERIAL PAYMENT BOND -2- (~IBIT F) July 1, 1994 (EXHIBIT H) [FOR USE WITH SURETY PERFORMANCE AND PAYMENT BONDS] SURETY ACKNOWLEDGMENT: STATE OF ) SS. COUNTY OF ) On this day of 19 , before me personally came and to me known, who, being by me duly sworn, did depose and aay that resides in that is the Attorney-in-Fact of the corporation described in and which ezecuted the attached instrument; that knows corporate seal of the acid corporation; that the seal affized to the said instrument is auch corporate aeal; and that it was so affized by order of the Board of Directors of the said corporation; and that signed name thereto by like order. (Notary Seal) Notary Public State of My commission ezpires: SURETY BOND ACKNOWLEDGEMENT (EXHIBIT H) July 1, 1994 (EXHIBIT H) [FOR USE WITH SURETY PERFORMANCE AND PAYMENT BONDS] SURETY ACKNOWLEDGMENT: STATE OF ) SS. COUNTY OF ) On this day of 19 , before me personally came and to me known, who, being by me duly sworn, did depose and say that resides in ; that is the Attorney-in-Fact of the corporation described in and which ezecuted the attached instrument; that knows corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affized by order of the Board of Directors of the said corporation; and that signed name thereto by like order. (Notary Seal) Notary Public State of My commission ezpires: SU.ZETY BOND ACKNOWLEDGEMENT (EXHIBIT H) July 1, 1994 (EXHIBIT I) CONTRACT MODIFICATION FORM COUNTY OF HAWAII DEPARTMENT OF FINANCE AODIFICATION ORDER NO. Date Contractor Contract No. Contract Title A. MODIFICATIONS The following modifications are to be perfozmed in accordance with all contract stipulations (specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions by mutual action of the parties to the contract ) H. CONTRACTOR'S QUOTATION The modifications described in A above will be performed at a contract price- increase _ decrease of ~ Contractor will not undertake to perform tha changea is A above until this modification order has bees approved and issued. Contractor's Signature and Date C. STATEI~NT OF CONTRACT FUNDS Original Contract Prica S Previous Adjusted Contract Price S Amount this Change: Plus Minus _ Hew Adjusted Contract Price ~ D. VALIDATION OF CONTRACT MODIFICATION User Agency Date [Procurement Officer] Date DISTRIBUTION: Original - Accounts Division cc: Contractor User Agency Purchasing Division CONTRACT MODIFICATION FORM (E70iIBIT I) July 1, 1994 (EXHIBIT J) CHANGE ORDER FORM COUNTY OF HAWAII DEPARTMENT OF FINANCE CHANGE ORDER NO. Date Contractor Contract No. Contract Title: A. CONTRACTOR IS TO PERFORM THE FOLLOWING CHANGES: B. CONTRACTOR'S RESPONSE DUE WITHIN TEN CALENDAR DAYS: 1. The changes described in A above will result in an increase decrease of S 2. The change issued in A above will be completed by Contractor's Signature and Date C. STATEMENT OF CONTRACT FUNDS Original Contract Price S Previous Adjusted Contract Price S Amount this Change: Plus Minus _ New Adjusted Contract Price S D. VALIDATION OF PRICE ADJUSTMENT User Agency Date [Procurement Officer] Date DISTRIBUTION: Original - Accounts Division cc: Contractor Using Agency Purchasing Dlvisicr. CONTRACT MODIFICATION FORM (EXHIBIT J) July 1, 1595 Request for Sealed Proposals ~ Furnishing of Services To Accept, Divert and Dispose Of Municipal Solid Waste County of Hawaii Department of Public Works Solid Waste Division II i TABLE OF CONTENTS REQUEST FOR SEALED PROPOSALS FURNISHING OF SERVICES TO ACCEPT, DIVERT AND DISPOSE OF SOLID WASTE Page I 0 SCOPE OF WORK I II GENERAL 2 12 DEFINITIONS 4 13 BACKGROUND 4 13l Landfill 7 l 32 Present Drverston 8 133 Addrttonallnformatton 8 l4 OTHER FACTORS 8 2 0 LETTER OF INTENT 8 30 PROPOSAL 9 3 I INTRODUCTION 9 3 2 TRANSMITTAL LETTER 10 3 3 EXECUTIVE SUMMARY 10 3 4 CONTENTS OF PROPOSAL l0 A. Company Qualtficattons/Expenence I O B. Process Descnptton l 1 i Relevant Past Protects 1 I tt Envtrotunentallmpacts 11 to Process and Operation 13 tv Waste Quantity 14 v Pnce IS 3 5 SUBMISSION OF PROPOSAL 16 3 6 PACKAGING OF PROPOSAL I6 3 7 PROPOSAL DUE DATE 16 3 8 WRITTEN QUESTIONS 17 4 0 PROPOSAL EVALUATION AND SELECTION 17 4 I EVALUATION OF PROPOSALS 17 4 2 EVALUATION CRITERIA 19 4 3 FINAL SELECTION AND CONTRACT AWARD l9 4 4 CONTRACT DOCUMENTS 19 4.5 TAX CLEARANCE REQUIREMENTS 20 4 6 PERFORMANCE BOND 20 ATTACHMENT A - Administrative Rules APPENDIX I -East Hawatt Transfer Stattons APPENDIX IA -Transfer Stattons & Landfills Location Map APPENDIX II - Htlo Landfill Map APPENDIX IIA -Hilo Landfill Stte Layout FAQ'S -Frequently Asked Questions Regarding this RFP SPECIAL PROVISIONS GENERAL TERMS AND CONDITIONS - County of Hawatt, July 1, 1994 REQUEST FOR SEALED PROPOSALS FOR THE FURNISHING OF SERVICES TO ACCEPT, DIVERT AND DISPOSE OF SOLID WASTE 1 0 SCOPE OF WORK I1 GENERAL This Request for Sealed Proposals hereafter referred to as "solicitation" or RFP is being issued by the County of Hawaii to obtain the services of a contractor to accept and dispose of solid waste generated on the East side of the Btg Island on a multi-year and annually renewable contract bans The County's goal is to develop long-term and/or permanent cost- effective solution for mumcipal solid waste, which will minimize reliance on landfills Solutions which utilize solid waste diversion and those that reduce cost by producing marketable products are encouraged Environmental, social and community impacts must be minimized The County is especially interested in technology that would allow the contractor to start accepting mumcipal solid waste as soon as possible so that the life of the Htlo landfill can be extended while new technologies can be further explored and the need for new landfills be deferred The intent of this solicitation is to contract with a qualified provider that will dramatically reduce the quantity of solid waste entering the Hilo landfill. Compensation will be based on a per ton basis for solid waste accepted and diverted from the Hilo landfill Although the County will not segregate the wastes, procedures are currently in effect that screens materials disposed in collection chutes in most County transfer stations which will ultimately be hauled to the Hilo landfill by County of Hawaii public workers Residents on the eastern segment of the Big Island currently generates approximately 200 tons of solid waste per day hauled by County workers from 13 transfer stations from the distracts of Puna, North and South Hilo, Hamakua and Kau (see Appendix I & Ia) The contractor is encouraged to provide solutions, which will prove economically attractive to commercial haulers who now pay a tipping fee of $35/ton at the Hilo landfill The contractor is also encouraged to provide cost effective solutions m the handling and disposal of waste not permitted to be disposed m the Hilo landfill such as white goods, automobile tires, dunk cars and hazardous household wastes such as waste cooking and motor oils, alcohol, thinners, oil-based paints, solvents, leads acid batteries and other unknown substances The contractor must prepare and structure proposed solid waste solution to reflect a long-term commitment through amulti-year, annually renewable contract and specifically providing a year by year discussion on operations, maintenance, management and price and cost of the proposed process. The Contractor must demonstrate that the proposed process/operations will not directly result in the termination or relocation of current County of Hawaii Civil Service employees The con[ractor shall comply with all applicable Federal, State and County laws, regulations and ordinance m the handling, processing and final disposal use of all solid waste accepted III such proposals shall be subject to this solicitation, Special Provisions and General Terms and Condtttons, which are attached hereto and by reference made a pan hereof l ~Il proposals will be evaluated and ranked according [o the selection process outlined to Section 4 of this sohcttauon The County reserves the right to reject any or all proposals that are submitted The County also reserves the tight ro waive any irregulanry m any proposal if such waiver is m the best interest of the County The proposal that is selected may be subject to further negotia[ions to further the best interest of the County 2 The selected Contractor shall be solely responsible for completing the development of the project lien free in accordance with the requirements of the County 3 The selected Contractor shall be responstble for a feasible financtng plan utilizing resources available to them Developers should not assume that the County would provide financtng for the project 4 If awarded a contract, the successful Contractor shall be ready and able to accept the County's mumctpal solid waste from East Hawaii within 30 months from the notice of award In addition, the successful Contractor shall have sole responsibility for all costs including, but not limited to, costs for site acquisition, design, permitting, construction, implementation, operation and maintenance of its operations 5 If awarded a contract, the Contractor will agree to a multi-year contract with the County's option to renew for additional five (5) 12 month period contracts provided previous contract performances have been sa[isfac[ory and that funds appropriated for succeeding contract years has been deemed to be likely as confirmed by the Director 12 DEFINITIONS "ADDENDUM" means written instruments, which modify or interpret the solicitaUOn "COMMERCIAL HAULER" means any Business, Industry, Non-County Govemmental Agency, Educational Institution, or non-residential entity acting on its own behalf with or without remuneration, which hauls solid waste from its activities or operations to a recycling, reuse, transfer or disposal facility "COMPOSTING" means a process in which organic solid wastes are biologically decomposed and stabilized under controlled conditions to produce a stable humus like soil amendment "CONTRACT," means a fully executed, binding legal agreement between the County -2- and the Contractor selected pursuant to this RFP 'CONTRACTOR" means successful Offeror who has been selected and awarded a contract pursuant to this RFP 'COUNTY" means the County of Hawau CHIEF ENGINEER" means the Chief Engineer of the Department of Public Works for the County of Haw•au or his duly authorized representative "DIRECTOR" means the Director of Finance of the County of Hawaii or the Director's duly authorized representative. "GREEN WASTE" means leaves, garden residues, shrubbery and tree trimmings, grass clippings and similar materials "HOUSEHOLD HAZARDOUS WASTE" means those wastes resulting from products purchased by the general public for household use, which may pose a substantial known or potential hazard to human health or the environment when not properly managed "INCINERATION" means volume reduction by controlled burning of combustible solid waste "LANDFILL" means a land site on which engineering principles are utilized to bury deposits of solid waste without creating a nuisance or hazard to public health or safety "MONTH" means calendar month. "MULTI-TERM CONTR4CTS" means a type of contract that maybe entered into for any period of time deemed to be the best interest of the County "OFFEROR" means a Company or Ftrm, which submits a letter of intent and a proposal in response to this RFP. "OFFICER IN-CHARGE" means the Chief Engineer or a Chief Engineer's duly authorized representative. "PROPOSAL" means the document or documents submitted by an Offeror in response to this Request For Proposal to satisfy the requirements and requests for information in Section 3 0 of this RFP. "RECYCLING" means the collection, separation, recovery, and sale or re-use of secondary resources that would otherwise be disposed of as mumcipal solid waste, and is an integral part of a manufacturing process armed at producing a marketable product made of post-consumer materials. "REQUEST FOR PROPOSAL" means all documents whether attached or incorporated by reference utilized for soliciting proposals under the competitive sealed proposal -3- source selecuon method 'RESPOtiSIBLE BIDDER OR OFFEROR" means a person who has [he capabili[y m all respec[s to perform fully the contract requirements, and the mtegnty and reliabiluy, ahtch will assure good faith performance RESPONSIVE BIDDER OR OFFEROR" means a person who has submitted a bid or otter. which conforms m all material respec[s [o [he mvuauon for bids or request for proposals 'SOLICIT.ATION" means an invitation for bids, a request for proposals, a request for quotations, or any other document issued by the State for the purpose of soliciting bids or proposals to perform a state contract "SOLID WASTE" means mumcipal solid waste (MSW), refuse, or garbage originating from residential, business, and institutional sources and uses which are appropriate for disposal in a sanitary landfill permitted under regulations promulgated in the Resource Conservation and Recovery Act 42 CFR Subtitle "D" and the Hawaii Administrative Rules, Title 11, Chap[er 58 1 "SPECIAL WASTE" means used tires, asbestos-containing materials, white goods, and dead anunals and any mixed waste containing used tires, asbestos-contaimng materials, white goods, and dead anunals "TIPPING FEE" means the fee that the County of Hawaii charges to receive MSW The current landfill tipping fee at the time of this solicitation is S35 00 per ton "WHITE GOODS" means electrical and mechanical appliances made prunarily of metal patts such as refrigerators, clothes washers, and dryers having apre-crushed volume or approximately three cubic feet or more. 13 BACKGROUND 1.31 LANDFILL The current Hilo landfill site, approximately 40 acres in sue, and has been ac[ive since 1987, is located near the indusmal area of Hilo approxmately i/x mile south of the Hilo airport and approxunately 3 miles from Hilo bay (see Appendix II & IIa for map/layout). The landfill is on a relatively flat low area accessible thru Leilani Street, surrounded by the Yamada quarry to the south, the Hawaii Army National Guard and the Hilo Airport to the north, a drag strip/skeet shooting range to the east and by scarcely developed Hawaiian Homes lands to the west The landfill currently operates meeting federal landfill requirements as mandated by Resource Conservation and Recovery Act, 42 Code of Federal Regulations Subtitle D Under the current waste stream, the landfill is projected to have insufficient capacity by year 2005 Personnel of the Solid Waste Division of the County of Hawaii's Deparanent of Public Works currently handle haulmg, maintenance and operation of the 13 East Hawaii transfer stations and the Hilo landfill. Procedures are m place to screen materials that get dumped m -4- collecuon loading chutes in various transfer stations In some transfer stations, signs and receptacles are visibly located m close proximity to collecuon chutes ro assist the Division m screening ma[enals not allowed m the landfill A waste monitoring system is m place at the Hilo landfill Loads are weighed and classified a[ the landfill Table I shows a summary of solid wastes that enter the landfill during a period of three years Table I Three-Year Average Waste Stream into Hilo Landfill -July 1996 to June 1999 Solid Waste ~latenal Average Tons/Year Residential/COH Trans/Stations 31 072 00 4 ~ r ~ 7 ~ Construction Debris 3 817 00 Clear Grub 7 4 7 Slud e 847 70 9 COH/ParksiRec Maint/Roads OffaliWaste 7 0 87% Green Waste 4 77 Cut Tires 4 0 37% Grit S/H 7 0 32% 4 7 Conf /Doc Sh 4 Asbestos SW/SH 0 O1 Contaminated Sotl 4 Paint Lar e/ 2 60 Abandoned Vehicles Total Residential waste delivered at the landfill and those collected from the 13 transfer stations accounts for almost 50 percent of solid waste that ends up at the Hilo landfill While approximately 1,444 65 tons of green waste ended-up at the Hilo landfill during the same three-year period, a total of 5,009 72 tons of green waste got diverted through a contract with Renew Hawatt. Table II shows estimated amounts of Municipal Solid Waste disposed m the Hilo landfill on a dally basis. The sharp decline of MSW generated by industrial sources m 1999 when compared to 1984 is probably aaributed to an overall downturn of construction activities -5- on the Island dunng the last 10 years Table II Estimated Dath~ (Tons Per Day) Disposal of'vtumctpal Sohd Waste at the County Landtills (integrated Sohd Waste 1anagement Plan, County of Hawatt, 1993 Barrett Consulting Group, Inc ) 1984 1999 County Transfer Trailers 67 87 Individual Haulers 28 2 Commercial Haulers 64 63 Government 4 2 Industrial (Consttvctton, land clearing) 118 15 Total 281 169 Estimates of Waste Stream compost ton is shown on Table III below Table III County of Hawant Waste Stream Composttton. (/ntegrated Sokd Waste Management Plan, County of Hawatt, 1993 Barrett Consulting Group, Inc ) Composttton Percent Paper 29 Newspaper 4% Corrugated 11% Other 14 Plastics 8 Yard Wastes 10 Food Wastes 9 Other Organic 22 Wood 11% Texules 2 % Rubber/Leather 1 % Other 8% Metals I 1 Ferrous 9% Alummum 1 Non-ferrous 1 % Glass 5 Other Organic 6 Hazardous Maternals 1 Total 100% The other County landfill, which opened to 1994, is located at Puuanahulu m North Kona It has been acceptnng approxunately 200 tons of solid waste montlily from the West side -6- of the Btg Island and a expected to have suftcient space capacity for at least 20 to 30 more years l 32 PRESENT DIVERSION Year to year contract is currently m place with Hawau Metal Recyling Company t'or the removal, cutting and disposal of vehicle nres m both the Puuanahulu and Htlo landfills The same company has been awarded a contract to dispose Junked cars, scrap metals and other white eoods at the nvo landfills Theu current operanons includes crushing, stacking and stockpiling scrap metals which are shipped to the main processing facility of the Contractor on Oahu via chartered barge when sufficient amount of scrap metal is accumulated Scrap metals shipped to Oahu are then shredded and ultimately exported to off-island steel mills where new steel materials are manufactured Available reports from the department indicates that approximately 2,000 tons of scrap metal are diverted from the two landfills on a monthly basis while an estimated 100 tons per month of scrap tires are diverted Big Island Recyling Company, a subsidiary of Hawaii Metal Recycling, has been awarded ayear-to-year contract to handle green waste and composting from residential waste stream in Kealakehe and Hilo The Contractor diverts approximately 330 tons of Green waste per month from the Hilo landfill. The contractor is responsible in all mazketing activities and revenues generated from their efforts become theirs. Payments for green waste/composting, removal, cutting and disposal of vehicle tires and dtsposal of Junked cazs, scrap metals and other white goods are on a per ton basis Hawaii Metal Recycling Company contracts with others to dispose bulk fluids, automotive oil and CFCs. It also pays someone to collect, shruilc-wrap and palletize acid batteries and later to be shipped and recycled by local battery suppliers. Occasionally, the County of Hawaii, thru its contractors provides collection service of oil and household hazardous waste to the public at designated commumties or transfer stations The County Solid Waste Division awarded Diversion Grants for Newspaper, Cardboard, Ledger Paper and Mixed Paper co six (6) businesses from fiscal yeazs 97-98 thru fiscal year 99-2000 Cost per ton for these diverted waste products was $40.00. The following table shows portion of Waste Stream diverted during athree-year period Waste Tons Diverted Tons Diverted Tons Diverted TOTAL Composition Jul 97 -Jul 98 Jun 98 -Jul 99 Jun 99 - Jul 00 Newspaper 341.37 1193 178 241.300 1,775.85 Cazdboazd 4229.83 3578 110 1316 593 9,124 53 Ledger Paper 52 51 50 710 103.22 Mixed Paper 176.42 47.140 223.56 TOTAL 4,995 13 5,066.140 1,656 890 1,227 16 A Diversion Grant for Glass Recycling was also awazded to Recycling Systems Hawaii, Inc., Club Shoyu Brewery, Inc. Environmental Recycling and Business Services of Hawaii Such grant diverted and recycled a total of 5,571,098.10 pounds of glass at a cost of eight -7- cents per pound In addmon to the Division's Diversion Grants, newspapers, paper, cardboard, glass and aluminum can recycling are also curren[ly implemented by for-profs[ businesses and non-protit groups such as churches, schools and community organizations Collec[ed hems are delivered to reccclmg outlets, which give paymen[s m exchange for recycled matenals deltvered Data regarding acnial tonnage of collected, shipped or marketed recycled products are yet to be collected from vanous participants m this waste reduction activity The Division also awarded a Iwo-year contract with EnvuoServices and Trammg Center of Honolulu for the development and implementation of a Hazardous Household collec[ion and disposal program for the Btg Island During the duration of their contract, [hey collected and disposed 7,000 gallons of waste oil, 160,000 pounds of automotive batteries and 40,000 pounds of hazardous household wastes 1 33 ADDITIONAL INFORIvtATION The County of Hawaii has an Integra[ed Solid Waste Management Plan prepared in 1993 by Barrett Consulting Group, Inc of Honolulu The plan, which discusses waste stream, management and recommendations on the Big Island, is due for an update in the near future 1 4 OTHER FACTORS The County will consider services tha[ will drastically reduce or halt the flow of solid waste to the Hilo landfill Processes such as, but not limited to the following could be given careful and serious considerations. Refuse Derived Fuel (RDF's); Materials Recovery Facilities (MBE's), Bio Conversion; Biothermal Waste Treatment; Waste Gassificauon; Plasma Enhancers, Off Island Transport; Transfer Stations' Re-design and/or Upgrade; Long Haul, or any other [ethnology which can be demonstrated to effectively and economically divert the waste stream from the Hilo landfill. It will be the offeror's responsibility to demonstrate economy, viability, efficiency, regulatory and community acceptability of the proposed process The Contractor shall provide incen[ives (e g. competitive disposal cost and convenient disposal conditions) to promote use of alternatives to landfllling by commercial and residential haulers The Offeror shall identify what portion of the waste accepted by his operations that will need to be disposed in the Hilo landfill If proposal calls for disposal of waste at another site, detailed description of such activity must be included and will be subjected to a critical review by the chief engineer Contractor's activity shall fully comply with all Federal, State and County codes and regulations, which govern such activities. In submitting its proposal, the Offeror/Contractor agrees to indemnify and hold the County harmless from any fines, lawsuits, and liability in every phase of the project 2 0 LETTER OF INTENT A Letter of Intent shall be in the Eosin of a business letter on official business letterhead _g- paper and shall be signed by an individual authorized to comma the Offeror The letter shall contain a statement describing the Offeror's interest in the pro)ect and that the Offeror understands that it may be required to do business in Hawaii and if so will obtain a Hawaii General Excise Tax License and that evidence of any such registration and General Excise Tax License will be provided prior to the execution of a contract agreement Letters of Intent shall reference the Proposal Number and Protect Title Letters of Intent will be received up to 4 00 PM on Monday, August 21, 2000, Hawan Standard Time, in the office of Department of Public Works, County of Hawaii, 25 Aupuni St Room 202, Hilo, H[ 96720 Letters of Intent received will be time stamped and kept on file Offerors submitting late le[[ers of intent will be rejected and will not be eligible to submit a proposal Prompt arrival/delivery of Letters of /ntent is the responsibility of the Offeror. 30 PROPOSAL 3 1 INTRODUCTION In order for the Department to conduct an accurate, fair and impartial review and evaluation and comparison of submitted proposals, Offerors must adhere to the following proposal standards. Transmittal letters as discussed in section 3 2 shall accompany proposals. All proposals must address all topics listed in section 3.4 below They shall be the basis of evaluation, ranking and selection of best proposals The proposal must provide a concise and straightforward response with the minunum volume and number of pages necessary to communicate pertinent and important concepts and ideas related to the topic All proposals must be typewritten on an 8 i/z x 11 inch, 20 Ibs bond paper The established page limits are absolute maximums Legible type and font style at least 10 points in size shall be used. Blank pages may be numbered but are not included in page count limitation Table of contents or index (typically numbered with Roman numerals) are not mcluded in page count limitations. Each side with printed matter (other than )ust a page number and/or the phrase "This page intentionally left blank counts as one page. Foldouts should not be larger that 11 x 17 inches and count as two pages if prmted on one side Proposal Section Page Limit 3 3 Executive Summary 10 3 4A Company Qualification 50+2/resume 3 4B Process Description i) Past Projects 10 ii) Environmental Impacts 30 iii) Process and Operation 100 iv) Waste Quantity 50 v) Price 50 A limited number of oversize sheets such as schedules or layout drawings maybe included and will be evaluated In addition, the Offeror may include tables and appendices containing any additional data or information pertinent to this solicitation. However, appendices will not be considered m the proposal evaluation. -9- 3 2 TRANSMITTAL LETTER A transmutal le[[er typed on an official business le[[erhead and signed by an individual authorized to commi[ the Offeror shall be included with and considered part of [he proposal The transmittal letter shall include A A statement naming [he "Offeror " B A statement identifying [he person or persons with his or her title, authorized to sign all legal documents on behalf of the Offeror [f the Offeror is a corporation, a corporate resolution must be included C A statement stating the legal entity of the Offeror a corporation, sole proprietor, pannershrp, LLC) and the taxpayer's ID number of the legal entity D A statement of the Offeror's interest in the project and that Offeror is fully capable and available to accomplish all responsrbilrties necessary for the satisfactory completion of the project 3 3 EXECUTIVE SUMMARY Provide a brief Executive Summary of the most unportant aspects of your proposals 3 4 CONTENTS OF PROPOSAL Proposals shall address all the topics listed below By submitting its Proposal, the Offeror agrees to allow the County [o obtain outside professional assistance rf necessary, to evaluate the Proposal and any proprietary or confidential information. A. COMPANY QUALIFICATIONS AND EXPERIENCE Describe the Offeror's operation and scope of current business including a company background, mission statement, size, resources available and experiences in the waste d[sposal business. Describe prolec['s day-today management during development and operations including relationship with parent company and other business activities. The Offeror must state legal form of company, its name, principal place of business, location of all offices and persons authorized, (including his/her title) to sign all legal documents on behalf of the Offeror A corporate resolution must be included if Offeror is a corporation. Provide satisfactory documentation of the Offeror's financial capability to successfully fulfill protect requirements The County reserves the right to request current financial statements for the last 2 fiscal calendar yeazs of the Offeror or its parent company if the Offeror rs a subsidiary The Offeror shall provide certified copies of the last 2 State or Federal Tax returns if an audited financial statement rs not available Information on key personnel shall be submitted during the imual response to this RFP - to ~ Resume Provide resume (education, training, licenses, credentials.) t"or each key protect personnel (including but not limited [o Principal, Directors. Head Researcher/Developer. Protect tilanager) etc and supporting mformanon as it relates to the required services to include but not limned to 1 Qualificationsiexperience of key protect personnel relative to the proposed operations Z List a minimum of three businesses and or professional references for each of the key protect personnel relative to the proposed operation 3 Experience and familiariry• with Federal, State of Hawau, County regulations and requirements for handling and processing of solid waste Include membership [o any Federal, State or ad hoc cornmit[ees whose purpose was/is to develop legislation or any recommendations related to the proposed technology or related field. B PROCESS DESCRIPTION For the purposes of this solicitation, the proposed method of accepting and disposing solid waste is hereafter refetted to as the "proposed process" In this section, the Offeror must provide detailed description and discussion on how municipal solid waste is accepted and disposed and how the proposed process will dramatically reduce Mumcipal Solid Waste entering the Hilo landfill The proposal must also tnclude discussion on the relationship between the proposed process and current County solid waste operations, local, small hauling and recycling businesses Proposals shall address (5) topics outlined below i. RELEVANT PAST PROJECTS List and describe protects undertaken rn the last five years utilising the proposed process or similar process on a commercial scale. Provide a summary of the scope of work performed, total development cost, annual operating cost, user fees assessed, current owners, quantrry and type of Solid Waste accepted, contact persons, telephones and location of facility. Discuss current operational status of past protects. State length of operation and describe experience in compliance with environmental agencies with regulatory turisdiction ii. ENVIRONMENTAL IMPACTS a. Environments! Impacts. 1. List all government agencies that have been consulted regarding the development of the proposed process. Describe the nature of permits and approvals, which have been granted by regulatory agencies for the proposed process Provide an estimate of the time required for the new regulatory permits and approvals required for the proposed process 2 Discuss whether an environmental assessment (EA) or environmental -tt- impact statement (EIS), m accordance with Chaprer 343, Hawau Rey ised Statutes or Hawau :~dmmtstrauve Rules Tule 11-~8 1, has been or will be done for the proposed process If an EA or EIS was completed, state the completion date, CountryiState~Town where the protect is located and submit a copy of the EA or EIS with the proposal 3 Discuss [he ern•ironmental tmpacts that the proposed process may have on, including but no[ hmrted to, sods, groundwater, surface water, and srorm water drainage, flood po[enual, climate and air quality, visual aesthetics, noise, and traffic Dtscuss environmental mont[oring and detection methods that will be implemented for the proposed process to minimize tmpacts If proposed process includes transponation of all or portions of waste stream, then address environmental tmpacts during, before and afrer transit 4 Dtscuss the consistency of the proposed project with current land use plans, policies and controls 5 Identify and discuss any irreversible and irretrievable commitments on resources that would result from development of the proposed process In addition, state the land area (tn acres or square feet) that the proposed process will occupy during operation b Community Acceptance. 1 Gtve a general description of how the proposed process can be integrated with the local community activity to achieve acceptance from the community. Dtscuss socioeconomic tmpacts and any potential obstacles, tf any, to community acceptance of the proposed process In addition, Offerors who advance to the second stage of this procurement shall be prepared to conduct presentations a[ the request of the reviewlevaluatton panel and the County Council Refer to Section 4 of this RFP for more detail on the phases of this procurement c. Life of Operation 1. State the operational life of the proposed process Discuss factors of aging, which may pose operational and environmental concerns and related measures to mitigate concerns. 2 Closure concept (ultimate use once the proposed process exceeds tt useful life). d OJj`-site Development. If proposed process will require off-site development (e.g. infrastructure such as roads, power lines, water supply, wastewater disposal, etc give a summary that identifies, justifies and descnbes all necessary off- -12- site development mcludme esumared costs of off-site development ui. PROCESS AND OPERATION a Techiio[ogy 1 Provide a summary on the current stage of development of the proposed process to be implemented Include a process Flow diagram tha[ describes the solid waste processing system Describe each step of the system beginning with the acceptance of waste and ending with the ultimate waste disposition and, tf applicable, disposition of by-products(s) Provide conceptual site plans including elevation drawings Provtde descrtpttons of all operational hardware and software, mcludtng the developmen[ status of each item Provtde descrtpttons of comparable facilities that are in operatton, including any stgmficant differences between them and the proposed project If such comparable factltttes do not exist, tt is incumbent on the Offeror to provide evidence that adequate research and development has been done to provide confidence that the proposed system will be reliable and dependable and perform adequately 2 Provtde a description of safeguards and site safety plan in the proposed project to avoid accidents and hazards, including potential emissions of materials that exceed regulatory requirements. b Development/Start-Up Plart. Provide a clear concept and comprehensive methodology for the following 1 General description of plans/methods to develop the proposed process. 2 Provide a preliminary time-line to cover each development phase and target dates for project milestones (i.e. site selection, preparation of EA or EIS, site acquisition, Federal, State and County permit acquisitions, design, start construction, end construction, operation start-up, and acceptance of solid waste from the County. Time-line shall indicate the critical path and include significant tasks to be accomplished during each of the phases as referenced above. Indicate potential obstacles while committing to the shottest most realistic time frame for start-up 3 Discuss demand or burden (during start-up or operatton) on outside utilities (water, electricity, phone, etc. and/or commitments to resources tf any). If demand exists, indicate tf current utilities are able to satisfy the demand or burden -13- c Operation Plan 1 Include a descnpnon of general operational and maintenance tasks related to the proposed process Provide ayear-by-year discussion on operations and maintenance highlighting future changes that may occur Include estima[ed staffing requirements including skill levels required Include the days and hours of operation of the facility and a summary• of the emergency management plan 2 Dtscuss how the waste stream will be managed if the proposed process is shut down for maintenance, repair or in the event of a natural disaster Dtscuss ability and flexibility of proposed project to handle and respond to potential fluctuations to the nature and volume of solid waste being processed over time d By-Product l Provide discussion on the market for re-use or remanufacture of by-products as result of the proposed project. Include a summary of any study or analysts of existing markets for by-product(s) of the facility, if any, and storage/handling procedures Include a description of the by-product, various uses, environmental tests (toxicity, leachability, etc). and details on specification development. If by-product markets exist, please state if the Underwriters Laboratory or any other Federal entity for consumer use has approved this product Ltst all State and Federal Standards for constuner use which the by-product has achieved. Give anticipated quantity of marketable by-product produced from one ton of unprocessed solid waste and provide discussion on revenue sharing with the county, tf applicable 2 If non-marketable by-product is produced, a statement to that effect shall be discussed in this section Provide a summary study or analysis and a disposal plan for non-marketable or waste by- products (tf any) Include descrtp[ion of waste by-product and environmental tests (toxicity, leachability, etc.). Give an[tctpated quantity of non-marketable or waste by-product per ton of unprocessed solid waste, and disposal requtrements/procedure iv. WASTE QUANTITY a. Identify a per day volume of solid waste to be accepted and processed by the Contractor in East Hawaii Identify the portions of the overall solid waste stream that the proposed process will not accept and dispose and estima[ed diversion rate as applicable - to - b Idennfv a per day volume of solid wasre [hat the Contractor plans to accep[ from coriimercial haulers c Discuss the daily minimum and maximum solid waste volume requirements for the proposed facility if applicable [f the financial or technical viabihry of the proposed process is dependent on processing certain daily quanti[ies or of particular types of waste, so indicate and coordinate wah [he discussion on Pnce v. PRICE a Offerors shall submi[ cost per ton price estimates based on their preferred approach on a yearly basis and dependent on the duration of the proposed process Include a discussion on sensitivity of costs to changes in contract duration, quantity of waste to be processed, guarantees provided, etc. b The County is interested in determining the potential impact of various cost factors that may impact the County, its citizens, and businesses One is the duration of the Contract and its renewal provisions The Offeror must provide discussion on other variables that may directly or indirectly affect costs Offerors shall describe how and what basis, they propose to invoice the County if awarded a Contract. For example, will different portions of the waste stream be invoiced at different rates Will the County billing rates be affected in any way by the Offeror's success in attracting business from commercial haulers, either with or without help (such as legislation) from the County If the proposed process involves development and construction of Solid Waste Diversion facilities, price proposals for these facilities shall assume developer financing of the capital improvements and upfront start- up constructions costs, if any, such that all costs associa[ed with the development, construction and operation of the facilities over the term of the proposal period shall be amortized and reflected m a per ton upping fee. In addition, because of high start-up infrastructure costs involved, the Offeror may specify minimum number of years of the multi-term contract in order to amortize its cost If the proposed process involves development and construction of multipurpose waste processing facility that may function for accepting, sepazaung, loading and hauling wastes, the Offeror must indicate minunum land space required so that the County may provide information on the availability of County or Stale lands that may be appropriate for such facility -15- Proposals may include a discussion on Contract Terms and Conditions, which would result in a sound business relationship between the County and the Contractor Particularly if long duration contracts are deemed advantageous, Offerors are encouraged to suggest contractual mechanisms for protecting the interests of both the County and the Contractor as nine passes and circumstances change 3 5 SUBMISSION OF PROPOSAL All Proposals shall be submttted either by marl, courser, commercial delivery service or hand delivered to 11ir. Robert K Yanabu, Chief Engineer Department of Public Works County of Hawaii 25 Aupuni St. Room 202 Hilo, HI 96720 Proposals shall not be submitted by telephone or by use of facsimile transmtsston, telex, telegraph or other written fonns of electronic communication Any proposal submttted in such manner will be rejected Prompt delivery and arrival of proposal is the full responsibility of the Offeror 3 6 PACKAGING OF PROPOSAL The Proposal must be submttted in a sealed envelope or carton One original and five (5) copses of the Proposal are required. The original Proposal shall be clearly marked as ORIGINAL and the others as COPY _ OF FIVE (5) COPIES. In addition, to the transmittal letter described in Section 3.2, above, the onginal Proposal, with the tide page and signature block, shall be signed in black ink by a person with authority to commit the Offeror The outer container of the Proposal envelope must be clearly marked with the followmg• "FURNISHING OF SERVICES TO DISPOSE OF SOLID WASTE" Also indicate the name, address and telephone number of Offeror 3 7 PROPOSAL DUE DATE Proposals will be received up to 400 PM on Tuesday, September 5, 2000, Hawaii Standard Tune, m the office of the Department of Public Works, County of Hawaii, 25 Aupuni St Room 202, Hilo, HI 96720 Prompt arrival/delivery of proposals is the full responsibility of the Offeror Proposals shall be time stamped upon receipt until 4.00 PM, September 5, 2000 Late proposals will be rejected and returned unopened. The official tune shall be the tune recorded -16- on the time stamp clock at the Department of Public Works, County of Hawan All of these conditions apply regardless of whether the proposal is received by mail or hand-delivered 3 8 V6'RITTEN QUESTIONS Questions regarding discrepancies m or omissions from the RFP shall be submuted to the Chief Engineer m w•nnng Wntten questions shall be submnted to the Chief Engineer, Department of Public Works, County of Hawatt, no later than August 21, 2000 Questions will be recorded and Wntten ms[rucuons m the form of addenda may be Issued and dis[nbuted to all Offerors by the Officer-In-Charge Neither the Director nor the Officer-In-Charge, nor the County will be responsible for any oral instructions 4 O PROPOSAL EVALUATION AND SELECTION 4 1 EVALUATION OF PROPOSALS Proposals shall be reviewed and evaluated by five (5) members of a review/evaluation panel jointly selected and convened by the Dtrector and the Chief Engtneer. The panel includes the Finance Director, Managing Director, Corporation Counsel, Chief Engineer and the Deputy Chief Engtneer Pursuant to HAR, Subchapter 6, Section 3-122-52, the proposal review panel will adhere to highest level of professionalism while taking serious considerations of commumty and county concerns and Interests The review/evaluation panel reserves the right to obtain additional Information and comment regarding each proposal from appropriate government or private agencies and may retain outside consultant if and when necessary to adequately evaluate project proposal to accomplish proposed project objectives Evaluation of proposals will be conducted In three stages The first stage Involves Initial review, evaluation, and classification of submitted proposals Upon completion of a thorough review and evaluation of all submitted proposals, the review panel will classify proposals that are acceptable, potentially acceptable or unacceptable. All unacceptable proposals not meeting the requirements of the RFP may be considered non-responsive and may not be given any fut•tller consideration All responsive, responsible offerors who submit acceptable or potentially acceptable proposals will be eligible for inclusion in the priortry Itst of responsive and responstble offerors In the event that there is a high and unwieldy niimber of acceptable and potentially acceptable proposals submitted, the evaluatiori/review panel may rank the proposals and Itmit the priortry list to no more than five (5) responsive, responsible offerors who submitted the highest-ranked proposals later to be referred to as "Priority Listed Offerors/Proposals" and will advance to the second and final stages of the selection process. Only Priority Listed Offerors will be asked to submit their detailed best and final proposals, which will be reviewed and evaluated once more by the same review panel. In the event that a Priority Listed Offeror does not submit a notice of withdrawal or a detailed best and final proposal, their immediate previous offer will be construed as their best and final offer It is at this stage that representatives from each of the top five (5) Priority Listed Offerors may be required to submit additional information and/or present their respective proposals to the members of the Review/Evaluation panel at which time the Offeror shall address questions and concerns regarding their proposed pro~ecr and other topics that may relate to commumty acceptance _ i~ _ and/or resistance to their protect The Offeror's responses and the manner to which each Offeror handles concerns and questions presented by the Review/Evaluation panel shall be recorded, documented and later taken into consideration in the final stage of the proposal evaluation process The second stage of proposal review offers Priority Listed Offerors to be engaged in discussions regarding promotion of understanding of County requirements and to facilitate selection of a contract that will be most advantageous to the County taking into considerations recommendations made by the proposal review panel The final stage will include ranking of the five (5) Priority Listed Offeror's detailed best and final proposals and the Offerors' responses and handling of questions raised by the Review/Evaluation panel during the second stage of the proposal evaluation process Upon determination of proposal rankings, pre-award contract discussions and negotiations will follow starting with the highest ranking priority listed proposal all the way through the lowest ranking priority listed proposal or when a mutually agreed upon negotiated contract is reached At this point, the factor of price as it relates to reasonableness and competitiveness will be a major negotiating item If pre-award contract negotiation is unsuccessful with any of the five (5) highest-ranking priority listed proposals, the Officer In-charge and the Director reserves the tight to exercise an option that is to the best interest of the County of Hawau (i e. RFP Secuon 111) If the pre-award negotiation is successful, the Review/Evaluation panel will make a recommendation to the Mayor of the selected Offeror If the Mayor agrees with the Review Panel's recommendation, he in turn will forward the panel's recommendation to the County Council for review and approval pursuant to Article XIII, Section 13-13 of the County Charter The Mayor will furnish the reasons for his recommendation when he forwards his recommendation to the Counry Council At this point, the recommended Contractor may once again be requested to present his proposal and address additional questions from members of the County Council and/or the public If the Council approves the recommended Contractor then the formal and legal portion of awarding and executing a contract shall commence Pursuant to Subchapter 6, Section 3-122-53, Hawaii Admuustrattve Rules, the review/evaluation panel may contact the Offeror's references and conduct discussions with the Offeror to fully impart complete understanding of RFP requirements and the Offeror's proposal and to facilitate arriving at a contract that will be most advantageous to the County If dunng discussions, there is a need for any substantial clarification or change to the RFP, such clarification or change shall be amended by an addendum and shall be distributed to all Offerors 4 2 EVALUATION CRITERIA The five-member County proposal Review/Evaluation panel shall conduct a comprehensive, fair and impartial review, evaluation and scoring of each proposal according to the contents of the proposal set forth in Section 3 4 of this RFP: i.e., (a) uiformauon on the qualifications, experience and financial stability of Offeror; (b) information on environmental impacts of proposed operations for East Hawaii, (c) technical information on the specific technical approach for Hilo landfill including what portion of MSW the Offeror propose to handle, (d) information on cost estimates and cost sensitivity regarding any guarantees, if any, . 18_ on amounts of MSW to be processed by the Offeror, and, (e) suggestions for contract terms and conditions which will help assure success of the protect while providing adequate safeguards for the County, its citizens and the environment Members of the proposal review panel shall jointly develop the methodology, approach and technique [o be used in the review and evaluation of all proposals In general, the revtew and evaluauon of proposals shall be based primarily on the information provided by the Offeror contained in the initial proposal, the detailed best and final proposals, and references and presentation to the proposal revtew panel Clarity, simplicity of language, relevance, appropriateness and logical flow of information as they address and rela[e to the mayor sections of the Contents of Proposal section of this RFP shall be regarded as benchmarks of a well- thought, well written and properly developed proposals Because of the relative importance of price and cost factor in delivering the necessary solutions to municipal solid waste on the Big Island, the proposed price and cost is a significant factor in the ranking and ultimately, in the selection of a successful Offeror Whenever appropriate, the review panel may decide to give the Offeror with the proposed lowest price/cost relative to "solid waste" the highest evaluation point for price/cost in which the panel will Iotntly establish. Whenever appropriate, price/cost evaluation points for subsequent proposals with higher price/cost factors may be calculated based on the following formula (Pace of Lowest Cost Pronosau x (MaX1mLm Point for Costl Price of Proposal Being Rated 4 3 FINAL SELECTION AND CONTRACT AWARD -HAWAII COUNTY COUNCIL Because of the nature of a multi-term contract as required by this RFP, the final selection and award shall be subject to the approval of the Hawaii County Council pursuant to Section 13-13, Article XIII of the County Charter upon recommendation by the Mayor, the Director and the Chief Engineer. The contract will be awarded to the Offeror whose proposal is deemed to be the most advantageous to the Counry, taking into consideration the result of the proposal evaluations conducted by the five-member County proposal review panel and negotiated contract terms which result in sound business relationship between the County and the Contractor The County of Hawaii reserves the right to determine what is in the best interest of the County for purposes of reviewing proposals submitted in response to the RFP The Director and the Chief Engineer further reserve the right to cancel the contract award at any time prior to execution of said contract by all parties without any liability to the awardee and to any other Offeror. 4 4 CONTRACT DOCUMENTS The requirements of this RFP document and commitments by the Offeror made in its imtial proposal and detailed best and final proposal, shall be incorporated by reference into a contract between the Counry and the successful Offeror. In the event of any conflict between the General Terms and Conditions for County -19- contracts and the Offeror's proposal detailed best and final proposal, the County's contract language shall be controlling, unless revised within the final contract document 4 5 TAX CLEARANCE REQUIREMENT Pursuant to Hawaii Revised Statutes, Section 103-53, the successful Offeror shall be required to submit to the County of Hawaii, a tax clearance from the Department of Taxation and the U S Internal Revenue Service as a pre-requisi[e to entering into a contract of $ 25,000 00 or more 4 6 PERFORMANCE BOND Pursuant to Hawau Revised Statutes, Secuon 103D-324, and Secuon 3 4 of the Counry of Hawaii General Terms and Conditions as a pre-requisite to entermg into contracts exceeding $25,000 00, the successful Offeror shall deliver a Performance Bond of a mitiimum of (50%) of contract and shall be delivered by the Contractor in the form stated by Seaton 3-122-124, HAR (Appendix A) to the County of Hawa» at the same time the executed contract is delivered -20- WEST HAWAII RECOVERY SYSTEMS, LLC ~ County of Hawaii Department of Public Works Solid Waste Division Furnishing of Services to Accept, Divert, and Dispose Of Municipal Solid Waste /2x-a.wey/ RESPONSE OF REST HAWAII RECOVERY SYSTEMS, LLC TO REQIIEST FOR ADDITIONAL INFORMATION FOR DETAILED HEST AND FINAL PROPOSAL FOR THE FQRNISHING OF SERVICES TO ACCEPT, DIVERT AND DISPOSE OF MIINICIPAL SOLID WASTE September 29, 2000 WEST HAWAII RECOVERY SYSTEMS, LLC ("WHRS") hereby submits its response to the Request for Additional Information for Detailed Best and Final Proposal for the Furnishing of Services to Accept, Divert and Dispose of Municipal Solid Waste dated September 15, 2000. * ~ ~ 1. Considering the magnitude of the proposed process to manage municipal solid waste in East Hawaii, please elaborate on your plans to garner community support and public accep- tance of your proposed process. Please discuss in detail your approach in dealing with varying degrees of community opposition to your proposed project. Please indicate and provide discussion on the ability of your proposed solution to incorporate community input and concerns into your proposed operations. Response: There are four (4) distinct processes which are involved in the WHRS proposal for the acceptance, diversion and disposal of East Hawaii's municipal solid waste. All municipal solid waste (as defined in the Request for Sealed Proposals issued by the Solid Waste Division of the Department of Public Works, County of Hawaii; hereinafter the "RFP") generated in East Hawaii shall be accepted if the contract is awarded to WHRS. In addition, WHRS will be accepting all household hazardous waste (as defined in the RFP), all greenwaste, used cooking oil and grease trap waste, and recyclable materials. From MSW dellverles, greenwaste and construction and demolition waste (assuming that the proposal to obtain a construction and demolition landfill is fulfilled) will be separated out. To the extent that recyclable materials (such as cardboard and newspaper) can be separated without impediment to expedient transfer operations, these materials will also be segregated for reuse. MSW remaining after the segregation process will be long- hauled to Puuanahulu. This is one aspect of the processes for disposing of Hilo's waste. Greenwaste will be shredded for reuse as soil amendments. Recyclable MSW will be offered to local recycling companies. In addition, with respect to reuse of materials, WHRS's placement and collection of drop-off box containers (for glass, newspaper, aluminum cans and cardboard boxes) at 13 sites to be determined, will generate materials for local recycling companies. WHRS will also be accepting white paper goods for distribution to local recycling companies. This is the second process, which involves material reuse. The third process involves disposal of household hazardous waste using the Startech Plasma Waste Converter ("PWC"). The fourth process involves processing, for reuse, used cooking oil by conversion into bio-diesel fuel which does not result in vehicle emissions, and grease trap waste by conversion into a low grade fuel (for use in modified equipment such as furnaces and boilers). WHRS proposes, should it be awarded the contract, to schedule and conduct a series of regional public informational meetings in the East Hawaii area to inform the public about the various processes which will be involved in diverting the area's MSW. These informational meetings could involve County Public Works' officials who are involved in managing MSW. Communities are generally familiar with, and supportive of, recycling efforts. WHRS, however, wishes to have its staff and consultants available to describe the particulars of the recycling efforts (describing materials appropriate for recy- cling, hours and location for receipt of the materials, and the recycling process), to answer questions the public might have, and receive suggestions on matters such as siting the drop off box containers for recycling, disbursement of proceeds from community drop off box container materials derived from the local recycling companies, and such other matters as the public might raise. - 2 - During these informational meetings, the other processes, including the PWC process, will also be described for the edification of the community, and to allow questions and answers from persons in attendance. WHRS expects that most of the concern might be about the PWC because of the technology involved on such items as safety, noise levels, negative environmental impacts and the like. WHRS will have its consul- tant available to explain the technology, its success in other jurisdictions, and the permitting and oversight to assure the public of the safety of the process. During the term of the contract, WHRS staff will be on the island, and can be reached by the County and members of the public in the event of complaints or concerns. Finally, during the term of the contract, WHRS plans to maintain continued outreach through the drop off box containers and periodic issuance of literature or advertising encouraging recycling and instructing people on the proper way to store and deliver various types of MSW for recycling or disposal. * * * # 2. While the RFP calls for long term and permanent solutions to the Department's solid Waste management and gradual decrease of reliance on sanitary landfills, please indicate and explain the most realistic minimum contract years and minimum waste stream volume required by your process to realize full economic viability while successfully achiev- ing the scope of work called for by this solicitation. How would new diversion programs and associated decrease of municipal solid waste entering the waste stream signifi- cantly impact to [sic] the pricing structure of cost per ton of solid waste processed under your proposed process? Response: After the projected 30-month preliminary period (which involves land acquisition, permitting and construction and installation of the facilities necessary to fulfill the WHRS proposal, as itemized on WHRS' project timeline attached hereto as Exhibit "A") which is required before WHRS can become operational, WHRS requires a minimum of ten (10) contract years and 17o tons per day for processing to warrant its expenditure of capital to acquire a site, the equipment and technology, and vehicles and heavy equipment, necessary to begin the process of having East Hawaii acclimated to the alternatives for processing its MSW and other waste materials. Accustomed as many communi- - 3 - ties have become to landfills, increased education and public awareness have resulted in a more informed community which recognizes that building more landfills may be an environmental- ly costly means of waste disposal. Land is becoming a more valuable commodity year by year, and the public has shown an increasing awareness and acceptance of the need to process the waste we generate other than by burying it in landfills. Once in full operation, the multi-process MSW and other waste diversion which WHRS can deliver will, while not, perhaps, reducing the amount of MSW generated by the people, reduce the quantities which have to be disposed of in more traditional methods (i.e., in landfills). After the expiration of the contract term, the pricing structure for processing MSW (utiliz- ing the same processes) could potentially be reduced because of the amortization of the debt service for the start-up of the operations (this, however, assumes that land lease, labor and operating costs will remain stable after the term). WHRS' per ton proposal resulted from its projecting the shortest feasible period of time to allow it the opportunity to recapture its capital expenditures within the proposed contract period of ten (10) years. Because of the County's need to retain some measure of flexibility in dealing with methods of waste disposal, WHRS considered contract period which was longer than ten (l0) years to be inappropriate. While a contract term of fifteen (15) years or longer might allow for a decrease in the per ton processing cost, a term of such length would restrict the County's ability to keep its options open in the event new technology is developed which would either reduce the amount of waste people actually generate or which would allow more waste to be diverted from landfills. If new diversion programs, coupled with a decrease in MSW were to occur during the contract term, WHRS could not adjust its pricing structure (either by decreasing the per ton process- ing cost or reducing the minimum daily contract tonnage) because of the acquisition and related start-up costs it would have had to incur in order to enter into the contract with the County. Nevertheless, WHRS would be willing to consider negotiating modifications through agreed-upon change orders, or a contract extension. * * * * ~ - 4 - 3. If cost changes are anticipated during the duration of proposed process, please provide detailed discussion on the basis for proposed cost changes. If your process calls for minimum xaste quantity and the County of Haxaii is unable to deliver such minimum, will you be willing to process solid waste materials from other sources. If so, please provide discussion on your ability to separate/distinguish costs and residua expenses associated with other sources. Response: WHRS does not anticipate that, if awarded the contract, it would propose cost changes over the contract term in the absence of any modifications to the contract terms and provisions. WHRS' proposal does require a minimum waste quantity of 170 tons per day of MSW. If the County is unable to deliver the minimum tonnage from the sources which the County is obligated to process, WHRS is willing to accept such materials from other sources. As noted in Section II.B.7 (at page 17) of WHRS' proposal submitted by cover letter dated September 5, 2000, private haulers delivering MSW for processing will have their deliveries weighed, and WHRS will in turn deliver to the County certified weight tags in order that the County might collect from such haulers the costs of processing the waste. * ~ As stated in this solicitation, the Hilo landfill is expected to close soon. Hence diversion of municipal solid waste from the landfill is even more critical and of significant importance to the Department while the success- ful offeror's proposed process undergoes the developmental stage of the project. If your proposed solution will involve waste residue disposal and/or waste hauling to the Puuanahulu Landfill, please provide discussion on how your proposed process will address costs associated with disposing of residue and/or hauling from your proposed location of operations to Puuanahulu as well as community acceptance of your proposal and conformance to environmen- tal statutes. Response: WHRS recognizes that, if awarded the contract, none of the MSW or other waste which it receives for processing shall be placed within the Hilo landfill. Of its four methods of processing waste, three will result in waste residue. Two of the processes, namely, the used cooking oil processing and - 5 - grease trap processing, will result in residue which is capable of being reused as bxo-diesel and low-grade fuels. The "recy- cling" of used cooking oil and grease trap waste to create non- fossil fuels has been well-received in the communities in which the fuels are used. (See Exhibit "G" below.) The third essentially consists of long-hauling MSW which cannot be recycled to Puuanahulu. The costs to WHRS of long- hauling (which includes, but is not limited to, the costs of acquiring the lands, and acquiring, operating and maintaining the refuse transfer station, the vehicles, equipment and labor) are covered under the per ton cost proposed by WHRS. However, it should be noted that the per ton costs also includes a number of other processes for disposing of MSW or recycling materials capable of being reused, each of which diminishes waste which ends up in a landfill. + * + 5. Please provide additional and supporting information regarding proven track record of the proposed process and previous experiences in relation to various Federal, State and or Local government permitting process (e.q. Dept. of Health, EPA, EZS, EA, DLNR, etc.). Discuss internal controls that will insure compliance with relevant envir- onmental laws and procedures to contain and control any leachate that materializes form proposed process prior to, and subsequent to processing. If available, please provide verifiable information on the reliability, efficiency, effectiveness, maintenance requirements, number of years in operation, number of similar facilities, operational dependability, etc. and safety features of your proposed process which will be helpful is assisting the County to objectively evaluate your proposal. Response: PWC System. The term PWC (plasma waste converter) de- scribes a system which uses plasma, a very special form of gaseous matter, which conducts electricity. Plasma is literally the raw material generated by the sun and stars, which scien- tists say make up more than 99$ of all of the matter in the universe. Plasmas are found in the sun, stars, lightning bolts, electric arcs, the aurora borealis, and even in the ordinary fluorescent lights used in may offices. Plasma is sometimes - 6 - referred to as the "fourth state of matter", and often "light- ning in a bottle". Plasma torches have been used in the metallurgical industry for many years, with the first plasmas being employed during the nineteenth century. The PWC is an electrically-driven machine which produces an intense field of radiant energy, causing the disassociation (breaking apart) of the molecular bonds of solid, liquid and gaseous compounds or materials of both hazardous and nonhazardous wastes, organic and inorganic. The molecules of the waste material (the matter) are separated by the action of the PWC within the vessel into their elemental atomic components, and then reformed into recoverable nonhazardous commodity products which are ready for commercial use. It is important to recognize that the PWC process is not a combustion or burning process, and that the system should not be likened to an incinerator or a vitrification process. Attached hereto and incorporated herewith as Exhibit "B" is a description of the Thermal Decomposition of PCB summary prepared by Robin H. Chong of Envipac Partners, Inc., which provides a sample of analytical data on the Startech system with respect to a PCB decomposition test conducted at the United States Army's Aberdeen Proving Grounds PWC facility. Plasma is a gas (the qas can even be ordinary air) which has been ionized (alteration of the electrical charge of the gas) so that the gas becomes an effective electrical conductor. The plasma (electrified gas) is discharged within the chamber in a continuous arc of lightning-like energy which can produce temperatures ranging from 30,000 degrees Fahrenheit, and higher. When the waste materials (whether hazardous or nonhazardous) are confronted with the intensity of the energy within the plasma chamber, the excitation of the molecular bonds is so great that the waste materials disassociate into their elemental atomic components. Notwithstanding the high-energy activity within the chamber, it operates at normal atmospheric pressure, and is quiet and safe. WHRS attaches hereto correspondence from the Defense Threat Reduction Aqency, the New York State Energy Research and Development Authority, and Startech Environmental Corp.'s company newsletters which describe the effectiveness of the PWC system in dealing with materials such as chemical and other weaponry. Exhibits "C", "D", "E" and "F", respectively. - 7 - Cooking Oil and Grease Processing. Both Maui and Oahu have adopted ordinances which mandate larger grease interceptors for all restaurants because of the impacts to the wastewater systems. Hawaii will eventually need to enact similar legisla- tion in order to avoid EPA involvement and the potential of fines and legal actions. Sludge reduction at wastewater treatment plants is one clear benefit from processing used cooking oil and grease. Pacific Biodiesel, Inc. (of which WHRS' member/manager is a shareholder) has been operating a plant on Maui since 1996, which is pursuant to contract with the County of Maui in association with Maui Eko Systems, to process 100 of the cooking oil and grease trap waste ("FOG") for the island. It should be noted that Pacific Biodiesel also processes approxi- mately 10,000 gallons per year of used cooking oil which is shipped in from the island of Hawaii. Since opening, the processing has been on a continuous basis, without shut down. The Maui plant operates pursuant to a Department of Health operating permit, and there have been no violations or incidents related to its operation. Pacific Biodiesel also has a bio- diesel which it built in Nagano, Japan, to process used cooking oil, which has been in continuous operation since 1997. There is no leachate which results from the processing system. Attached hereto and incorporated herewith as Exhibit "G" is a letter of recommendation from Mayor Kimo Apana of the County of Maui regarding the biodiesel system. Refuse Transfer: WHRS' member/manager is a principal in Honolulu Disposal Service which, for the past twelve years, has been engaged in and currently operates 300 ton transfer facility on Oahu pursuant to State Department of Health solid waste permits. Honolulu Disposal's is the largest locally-owned business, whose services includes the collection, transfer, recycling, hauling and disposal of solid waste from private and public clients throughout Oahu. 6. Please address the issue of closure or termination of contract/operations. Indicate and discuss who will be responsible for needed clean up, associated assurances, restoration and ownership of contractor's site upon termination of the contract. - 8 - Response: WHRS shall bear the responsibility and expense of closure of WHRS' proposed operations at the termination of the contract. Most of the components which would be constructed or installed on the site can be dismantled and removed from site. By and large, the buildings (except for the building slabs) are portable buildings, and will remain the property of WHRS. Since the proposed project site will have to be acquired by lease, WHRS would need to ensure that, except for building slabs, all removable components of the buildings will not be deemed fixtures to the realty. In addition, WHRS will comply with all lease requirements for delivering possession of the premises back to the lessor at the termination of the lease within the period of time allowed under such lease. The County would bear no responsibility in connection with any leased premises which WHRS would have to acquire in order to perform under the contract, if awarded. 7. If recycled waste residue is marketable or of commercial value, please discuss proposed ownership of recycled residue including projected estimates of revenues generated from recycled residue. Also include discussion on revenue estimates from energy derived from the proposed process. Response: Several types of waste which will be processed by WHRS if it is awarded the contract, are recyclable. These include greenwaste products, bio-diesel (from used cooking oil), low grade fuel (from grease trap waste), white paper, cardboard, aluminum cans and glass. All soil amendments resulting from greenwaste products shall first be offered, at no charge, to the County of Hawaii and other governmental entities for use. To the extent that amendments are produced which are needed by the County or other governmental entities, WHRS proposes to offer such products to any persons or entities which are interested in reuse of the material. Bio-diesel will be used by WHRS to operate its vehicles, and WHRS anticipates at this time that all bio-diesel will be required for its East Hawaii operations. The low grade fuel processed from grease trap waste can be used in modified boiler systems, and will be offered to the County for its use at no charge. - 9 - It is estimated that 50,000 gallons per year of used cooking oil will be diverted to biodiesel production. The net volume of biodiesel produced is 40,000 gallons per year. It is estimated that there are currently 100,000 gallons per year of grease trap waste in Hilo. At such time that a grease intercep- tor program is implemented, the volume is expected to increase to 300,000 gallons per year. WHRS would like to explore the feasibility of allocating to the specific communities (through their neighborhood boards, for example) the income derived from recyclable materials delivered to the drop off box containers by residents of those communi- ties. Since WHRS will be selling recyclable materials such as white paper, cardboard, glass and aluminum cans, each communit- y's contributions should be given back to that community to encourage greater participation. If the communities do not have neighborhood boards or owners' associations to which the income derived could be reimbursed by WHRS, then WHRS will coordinate with the County the best means of rewarding (by way of reim- bursement of income) the communities who participate in recy- cling efforts. Zt is not anticipated at this time that the PWC process will generate sufficient energy to make it reasonably feasible to market the energy to a source. The PWC processes matter (waste) in such a way that the elemental components of that waste can be recovered from one of three distinct phases, as described: A. Synthetic Gases (PCG, Plasma Converted Gas) drawn from the top of the chamber: A general formula of one (1) pound of MSW will produce a range of 15/20 standard cubic feet (scf) of PCG (Plasma Converted Gas). One (1) pound of tires, for example, will produce a range of 30/40 scf of PCG. The Startech system has used $0.50 per 1000 scf of synthesis gas that is generated from the processing of waste. WHRS, however, has not developed a market for the synthesis gas. B. Inorganic, glass-like silicates which form a separate layer above the liquid metal (if there is a sufficient quantity of metal in the waste, with small quantities of metal encapsulated in silicate stone: WHRS has not developed a market for this glass-like silicate. C. Metallic elements, if in sufficient quantities, which - 10 - collect at the base of the chamber: WHRS has not developed a market for the metallic elements. Except, then, for the contract amounts which WHRS has proposed in its response to the RFP, WHRS does not expect to derive any additional income from processing MSW or other wastes. e. Laws involving wages paid to employees under contract in excess of $5,000.00 must be paid at wages or salaries not less than the wages paid to public offers and employees performing similar work. Please provide discussion on how you plan to comply with the following laws: A. Chapter 103-55, HRS - wages, hours, and working conditions of contractors supplying services. B. Chapter 104, HRS - Wages and hours of Employees on Pubic Works. Response: Prior to commencement of the operations, WHRS shall have to ascertain the number and classifications of employees which will be required during the contract term. Upon establishing the classifications and lob descriptions, WHRS shall need to coordinate with the County (probably through its Department of Personnel Services) the County equivalent to ensure that wages paid to particular classifications are in conformity with Section 103-55, HRS. Since the contract contemplated in the RFP is not a contract with the County for the construction of any public work, it does not appear that the County or WHRS would need to conform with the requirements of Chapter 104, HRS. * * * # 9. is it possible that changes in technology over the term of the contract will make the continuation of the contract economically unfeasible for the County of Hawaii? How does the contractor propose that this contingency be handled? At what cost could the County purchase the amortized remainder of the contract? - 11 - Response: While technological changes could possibly occur during the contract term, WHRS believes that the changes would not be economically feasible to implement for some period of time which would warrant the modification or termination of the contract if awarded by the County of Hawaii. Because WHRS' proposal proposes waste diversion alternatives using systems which have proven over varying periods of time to be both desirable and cost-effective and allowing for WHRS to recover its capital investment over the minimal period of time, it does not believe that any new technology would make WHRS' multi- process system economically unfeasible. If, however, the County determined during the contract term that it wished to explore modification of the diversion process(es) by WHRS or early termination of the contract, WHRS would, at such time, agree to discuss any reasonable proposal presented. l0. what adjustments will be made in the contract for periods that the contractor's facility is inoperable, either for routine maintenance, breakdown, or other reasons such as labor action? Response: Routine maintenance or breakdown of any aspect of the multi-process operation of WHRS is not expected to warrant any contract adjustments. In the case of the PWC, which will process up to ten (10) tons of household hazardous waste during any 24 hour period, WHRS reasonably anticipates that the nominal amounts of hazard- ous materials estimated in the Integrated Solid Waste Management Plan, County of Hawaii 1993 publication by Barrett Consulting Group, Inc., can be stored at its processing site during periods when that particular facility is inoperable, without disruption of its operations or risk to the general public. If the transfer station becomes inoperable, WHRS can still continue its operations, as the trailers which will long-haul MSW to Puuanahulu can be top-loaded. In the four years during which the used cooking oil and grease trap waste systems have been in operation in the County of Maui (the operation occurs 365 days per year) , there have been no events during which the system became inoperable), and, accordingly, WHRS does not envision that any contract adjustment will be necessary to address the matter. - 12 - The recycling programs should not be negatively affected unless all box containers are destroyed and all WHRS vehicles rendered inoperable. Unless there is a failure of all aspects of WHRS' process- es, WHRS does not reasonably anticipate that it would be incapable of stockpiling MSW and other waste which is delivered to its site for processing until such time that any affected system or equipment is back in operation. WHRS recognizes that under any contract awarded, it will have an obligation to accept the minimum amounts of MSW it proposes to accept, and to process the same. * + 11. Define the responsibility for obtaining necessary permits. Hov will responsibility for delays in permitting be apportioned? Response: WHRS understands that the County expects the contractor to be responsible for obtaining all necessary governmental permits for the proposed operations. The types of permits which WHRS anticipates will be required if it is awarded the contract include, but are not limited to, a variety of permits from the Department of Health, State of Hawaii, and use and building permits from the County of Hawaii (Building Division and Planning Department). WHRS will have its consul- tants review the applicable statutes, ordinances and rules, and shall submit all permit applications as are required for the construction, installation and operation of its facilities. The RFP projects that the Hilo landfill will have "insuffi- cient capacity in year 2005". While it is unclear whether the actual closure of the landfill will occur before, or during, 2005, and if during 2005, during what quarter, WHRS projects, assuming a contract award date of January 1, 2001, that it will require two years and four months to become fully operational (in approximately April 2003). Before, however, it can commence any construction, it must first negotiate to acquire land under a lease of no less than the contract term, at lease rents and terms which are within budget. WHRS proposes the use of approximately 10 acres of land identified as TMK No.: 2-1-13:por. 11, which preliminary research indicates is State land currently under a month-to- month lease for industrial uses. - 13 - WHRS' proposal contemplates that the County of Hawaii would provide WHRS with the necessary support and assistance in presenting a lease proposal to the State of Hawaii for the use of the land for the purposes described in said proposal. The support and assistance would consist of confirming the appropri- ateness of the proposed land use, the public necessity for the subject site, and the expedience and cost-benefits to tax-payers of using the land which is situated in an area in which landfill and refuse transfer uses already exist. After acquisition of the leased land, and perhaps concurrently therewith if the lessor consents to allowing WHRS to seek necessary permits pending the consummation of a lease, WHRS requires no less than ten months to obtain the necessary governmental permits. Unless the delay in securing all necessary permits overlaps with the Hilo landfill closure, the County should not impose penalties or require the payment of liquidated damages. * + 12. Clearly define what types of waste are acceptable and what types are not acceptable under your proposal. Response: WHRS is willing to accept all solid waste, greenwaste, household hazardous wastes and mixed waste as the terms are defined in the RFP. In addition, WHRS will accept the "solid waste material" Itemized in Table I at page 5 of the RFP, except for abandoned vehicles, which WHRS understands is covered under a separate contract. 13. Define responsibility for future regulatory changes, which may require substantial modifications to contractor's facility, or even make continuation of the contract impractical. Response: In proposing a long-term range of alternatives to placing solid waste within the Hilo landfill, WHRS has proposed the multi-process operations, which combine new and old technologies for treating different types of waste materials. The minimum contract term of ten years is a necessity to ensure that WHRS can, without sustaining substantial losses, purchase, construct, install and operate the various systems involved. The proposed processes meet current regulatory standards. If, within the contract term, future regulatory changes (which - 14 - neither the County nor WHRS can foresee) either require substan- tial modifications to any of WHRS' systems, or warrant termina- tion of the contract, WHRS would expect that the County would negotiate appropriate change orders to meet the modification requirements or, in the alternative, negotiate an early termina- tion fee. * * * * + 14. How much, and from what source, does contractor propose to obtain insurance against spills, contamination, or other significant violation of environmental laws? Response: If awarded the contract, WHRS will procure insurance from its broker, John Connors Insurance, which has indicated that it will broker coverage from AIG and other specialty markets. Liability coverage, both general and for its automobiles, will be placed in standard limits ranging from $500,000.00 to $1,000,000.00 per occurrence by John Connors through the appropriate markets. 15. Have you, your principals, related companies, or the supplier of your technology been found in violation of any environmental compliance laws or any other statute? If so, please describe is detail. Response: No. (This response also covers StartEch Environmental Corp., which manufactures the PWC system, and Pacific Biodiesel, Inc., which manufactures the systems which will process used cooking oil and grease trap waste.) * * * * + 16. Will the contractor process material from any source, other than the County at their facility? If so, please describe. Response: Yes. WHRS is willing to accept, from non-County sources, all waste materials defined (and not excepted in paragraph 12 above). * * * * ~ 17. Clearly describe apportionment of, and estimated amount of energy or recycled by-products. - 15 - Response: Of the total MSW to be accepted by WHRS should the contract be awarded, the current projections are that approximately twenty (20$) or more of the materials will be recycled, with the balance being transferred to Puuanahulu. It is important to note that in addition to the twenty percent diversion of MSW, one hundred percent (1008) of all greenwaste, used cooking oil, grease trap waste and the contents of drop-off box containers, much of which currently make its way into the Hilo landfill, will be recycled and therefore diverted from the Puuanahulu landfill. 18. Provide nay other information, data, supporting charts that will assist the County in evaluating your proposals. All additional relevant information and data are attached to and described herein as Exhibits "A" through "G" Should County assistance in the form of financing not be available for WHRS, WHRS is prepared to secure financing independently to cover the capital improvements and other costs necessary for it to commence operations as have been proposed. ,r * + r 19. As a precautionary note, offerors are requested to furnish answers to all of the above questions. The absence of a response without as explanation to a question(s) may be construed by the County to be an incomplete proposal. Respectfully submitted, WEST HAWAII RECOVERY SYSTEMS, LLC By CLYDE T RANESHIRO Manager and Member -16- I I I I I I I I I I I I I I < I I I I ~ olf I I ~ ~ I I ~ I ry I i I I. I ~ I I I i ,Z ~ ~ I I r •j 9 I I m% V < r I I (,i I G IN I ~ I I I n ~ a, I I I I _ is I I I _ _T i I• ~ I i :.f. 1= fii I I I I I ' I 'z i i, I I ~ I I I I I;f: a I.^. z I I I i ~ :n I I I I I ~ I u I r I I I I ~ I IV _ _I I I I ~ 1 8' I I I I I I ~ ~ _ ~ ~ ~ I ii ~ I I I ' i I ~y ~ i _ i i I i i i I 3 I - a - ~ o 0 0 i~ = I L r _ N _f ,3 - - i i = _ ~ - V. _ V ~ ` _ 4 r „ N ` ^ ~ ~ I J] ~ ~ s _ ~ _ _ _ < N ~ _ - _ - ? _ _ T- _ T _ T_ _ _ _ ~ ~ V ~ > > J ~l ~ it r EXHid~TA Thermal Decomens+tron o`PC13 :ictrra! authorized PCd trearmert rs categorr~zd rn "rnctneratrer. "and its Srantiurd rs as describedvelow Toole trtdtcates the rlmencan Standard and al~r, rite operation condition drtnr.; :he PCB tlecarposttran test Amercan Standards Operancn i Cordrtton Tempcratare 1,2G0°C 1,600°C i 1.350 `C ' Reten[ton Trme ' 2 sec i S szc sec ~ Destruction Raco 99 9999~'c I 99 9999~?c . ?y9 99999985'o I Tire foilow:rzg rr d:e .'tmer+can Standard aad Sturtec/t's uperatrcn ecnda:on rcla[ed to thermal decompo,rrtan of rums cnemrcu! mnter:als !rt general, rite L`nrted States L•nvtronmental Protect:on:Igcrcy (G`S L•~P:1) requires tl+at a waste trcannenr techrtc(ogy be able to ach.:eve a Destruction E~7tctency of 99 99?o Certain matertalt, suer. as !'CB> and Chemical Warfare .4g ents, regtttre 99 9999cic destruction Tire P WCt" hat demonstrated results safer than the requirements on etplostves, propellanlr, PCBs and nerve anent srmnlanls An e.rumple rs indicated :n the table below I Amenc.ttt Standard 0 erat;on Cond:tton ~Iatcnal D:methylmzthyl i D:rnediylme[hyl Pltosoronare (DrYLi1F) , Pltosphottarc (DM,'bIP) Temoerati.Te tti%A 1200°C tnintmum Rctcnuon Trtnc N/A I >5 sec Des:n:cnon 99 9999~o I >99 99998"0 Starrech'; concept related :o temperature durng normal operation and its control. Tentperat:[re of tl:e P`~?G'["' rs conttnuousfy monitored by five (S) redundant trerntucnuples The tentperarure of the PCGTM ez:ttng the vessel is ntonr[ored to conrrcl waste feea'rate The jeetl ra'e of r/te waste car. ue vaned to maintain a constant exit gas temperature Alterra[rvely, torch power car: be tncreared or decreased to tnatntain prape~ ternperarrrre at canstcnt feed rare I he fallowing is actunl !es[ data done at the U.S .4rmy, Aberdeen Proving Grounds PWC faci:ty , Tire PWCTM 5ys[em nos been tested on PCB nratertals, using EPA sancttoited me[itods and wtrA E'P.-~ cogrttzance Tl:e [est d»ra::an urtd PCB desrrucrtan res»lts are as follows 7 est :^~'o. Rrtn Tune (min) DR8 1 GO >99 999997 2 GO >99 999994 I 3 ~ GO >99 9999G ~ I s 1~0 >99 999998 s 300 I >99 9999998 6 300 >99 9999998 I ~ 300 >99 999999 EXM1~~~~ Prot to these seven PCB rests, 30,000 - 40,000 firers of solvent; µcre destroyed and tltrep s:tccessftt! one-hour carbon terracitlonde tests were performed Tite P6VCt N,Feed rase was apprnxtmately 1 gallon per mtrtute. The DRF, w2r calculated as joilaws, DFE = PCB(tnpttt)-PCB(cutput) x100 PCB(tnput) All dnta was obtained from. analyses performed by art independent laborctory under the d:re'etton cf the F_nvrrermer+tal Prutecr:ntt Agency Tite PCB feedstock used rrt the tests cort,risred efAskarel rran~;ormer Hurd :rt solvent. T,te PCB cartcentrurron is 13-13r/c by' mass x'ith anrrn,^mataly the same mass of trrcltlcrobert~ene Divrng :he tests, jul[ mori:or+ng and recvnkng of process temperatures, pressures and other physical parameters was performed. AGo, corutnuous gas analysts wcrr conducted. L•missiarts r;f ;ICI, .NOx and parttcidates were all within spec Jted ltmus T;te P WCT`r system can be operated essentiaiiy con[trtuously, 4 hours per da;: Actual operattrh schedule wtl! be dictated by the req«irements ojthe rntsrion and the ltmrtattons of r/te workforce and aperanng location The processed restdaal solid rnatenal from waste material are rnri-leachable In sunvrrar/, the U S Ann;: facility located to Edgewood, rNcryland on Aberdeer. Proving Growds operates a full scale Startech PWC facility This PWC facility t.s available for demonstration of processing various xas:e materials Staneclt PWC technology is a cuttrng ed;e technology that has been embraced by the U.S Arnry to address a soltttran to itr rerluctron of:~s lethal cire»t:ca! weapon stockpile (G'S. Decor[ Program) Concurrently, Starteclt t.s praceed:ny+ in its contract Lvith fire L''S Army' Nore-Stockpile Program anti rrs production ojPLi+C systems (S00 torn per day) far cnmmerr'a! appheanons DafansaThraat Haduction Aganry ~ a50r5 Av~aban Onva . Dudes, VA ZOO 66-75~ T ?tE*tCRA3SDUH FCF MA JOSEPH S. K:,.HEX Sub;ect~ LetCer c: Aopreciat:cr. Please accept try sincere q:at:CUde for providing an outstindlnc briefing and Ccu_ o: the Plasma Waste Converter Faci:iCy (PWCF) to me Lers O[ Che Chemical D:vis_on, Defense Threat Reductien Agency or. 1~ Zehruary 1999. 2. :he 2lasma Waste ConverterWaste Converter Facl!it~tepresenCS excitlrgexclClrq new technology in our naticn's efforts to descrOY its chemical wenpon~_ My Dl•T1710n i3 tasked wish eSCOrrirtg intcrnationa inspectors f: on the Organization for the Prahlblt_on of chemical ++eapons ICPCW) at US chemical weapons destruction !acilitics such as the PWCF. The briefing and tour that you provided wall allow my personnel to c'_varl/ demonstrate to the OPCW inspectors that the acCivities at the PWCF are in complLance with the chemical Weaoon5 Convention 3. AgaLn, let me express my thanks for your excellent and professional support to the Chemical Division, De Yerse Threa[ Reduction. Agency. ~y~~ WILLIAM, D. C!ccWE Colonel, U.S, Army Chief, chemical Division EXHi~?~T~' _.o .,cn-1a C_ _ _ ~ ~~~~1~ Now Mork SrtaRe Fitergy Reeeas,~s and Oeveboptt>ent Aaathartty ~'C~ unlllem N Xawell, caaMmn / ~ 1 \ P'~III•m VWntlne, In.Nenr ~~~~JJ/~~ ~ ~ I~~ Canorsle Rass 1v.C 7[8 WaM,ngran Avn~• E+ternbn, AIE.nr, NY 133C.41a99 I ((I ~ ~ (5181 a624 WO Fv+ (5~a) da2~1[I91 `rlt0 ~rwww ;rylutl. wpl June Z'. 2000 b[r Joseph F Longo, President Starech Envienmenral Carp l~ Old Danbury Aoad Suite 203 Wilton, CT 06897-2515 Dear Mr Longo I am wnteng in response to your lettrr of lone L5, 2000 NYSERDA hu bee:t in conversation with Stanech Envvorunental Corp for about 2 years and has bees treckrng and uyiag to foster tho development and use of plasma wets destruction technolo¢y even longer We recognize fiat plums technology bas petenAal advantages over inaneration ar thermal pyrolysis [ncluding cemplete destructicn of difficult stable organic compounds, and the ability to handle mixed waste which include organic, metal and mineral camponer:s Plasma oRers the promise, when coupled with appropnate off--gas treatraent, of es:.e0ent control of chlorides, acid-gases end other toxic gaseous ermssrons Sicce plasma tends ro convert organics to simple comcauods and hss much smaller off-gas flows due to the elimination of the av requtned with ccmbustien, off-xu treatmert can be smaller, cheaper, and more complete For these reasons we recognize tJiat plasma destnic:ton of wastes physically dif7ers ~ramscineration, combust:en, or themal pyrolysis, and may prove environmenW ly preferable In appllcatioas W'e are pleased to hear about Startech's progress wtth plasma tahnology and with building a business to bang plasma conversion to market We would welcome a proposal submitted to us by a New York company, a customer, In response :o a ~IYSELtDA compe[1GVe solicl~tion, for a sui[able demonsvation at aNew York State site of your technology solving the waste problem of that tompsny Si//ncerely, / ~ / ~ Cs""'-` I GunnarE Walrtet Program Ducctor gcwNO^E•nrue~lener EXHIBITS :~.••t:a:•1 1 Startech Rnv~ronmental Successfully Completes Army Chemical Weapons Destruction Demonstrations Wi -GN, Coan t^ay :2 FP`t9 asw_c.2; Sea:c=•_a Envlro ;7a: =o ro OiC 3.:lietl^ 3oard• STiK), a fu'_'_y r2oortlrg con?any, dnnCLLR~2~ tJddV th3C on May :3?3 _ a Ccmcany scccess:u: Ly cc[rp_etad t^e C^e^_c3! Weapov3 Cestr:ctlon _vrorscr3t_on phase of _'':e Pragraa o^. ._ae aid as s?eclfled by the ,i S Pr'nv Jose?'r Lcrgc, Preslce:t, sa.d, "We a_a errtere!r ole~sed with the -access o_ .aa ?rcgra^~ and esoac~a!:y by :^e _C1e Rt1f1_ data we ;379 :er_lced. P!3a:na :taste Cc^~erter (?WC; T_M) -3~•_1-yc3t the 'dgawcod :~raa o` abardee^. ?ro~1 :g G=o'~: d, 7arylard, ''^as been o?era:_e ra 1, s3.e!: :rocesal:g a wlde array 7°_ 7^9F1C3i Wed~Crs Td'A=1215 duel^c the cas[ To^Lh^ " Joseph S K11•:e<, ~Gti1e' oceratl ~g of::cer, sa1d, '°ha natcrla_s crJC_sscd `_he crcgran were dlvlded 1:LO three ma;cr caacalgrs co^dccLed en:_reiy by _`e 4^/ a^d fart':er Farrlrlored .R^_J 34 rigorous sc:_-':::c de^cnstra::cn _^s ~ RaLer:ais ?recessed were .he c^_mpenel[s o-` t~:e ..''^emlcal ::eaco :s a!org with the asscclared Pazardc~s r,a terlals noraa'_:y found at a chealca'_ We 3pORS slt2 " :e f1r3t canca~g^ was caner:sed c. de~onsr__at:cn ruts *_:nat Processed :.JZCOSItICn-3 ex?=cslvas, Tatry:cl ex?1os:ves and M-29 rcci=: oroccllant cf -:3rlous munlticrs _ e second c3r7a_gn was ct^,prised eG 7 dero:s:r3tlo^ r'_as tsar ire Gassed oak nal_ets ^cr[at^,..attd x_rh haz_rdous creser: _1•re .C? ?entac^.'_croF~'taro=' FC2 1s 3 ..aZard]U3, h1g~^.y C:lcL1^a72d C3rClrJgeR1C ;Oey:e•: e~,+~ [p be T1t3Cef.1C dnd Lar3LOgeR1C a9 Bell. hN15J 1^clud°_~ wer° 7e~c11 n_r uaLlor ?roeecuv= °_rse~b:es ~DF~s). ^?SS are the prx xtl^e glcv2s, 'coots 3:~ salt' wor.^ 1- the toxic c-ar.W^er and are made c_ aarle::s ?iastlcs aid __bber w_th a charcJal f_l:er ?;c ka ge a^d metal fittings. Ir. addition, the second =ar"calgr's rug 1nc!',:d2d M-55 Cocker _*1ber31sss flrl^g tubas ig-ass and resl^s), acL1•rated charoca. f1'_rer care :aL a^d deecnta7lnatlor ._~1ds ,._cJ^) . _ _`v^d caroa_gn was cam?nosed cf i' demo-s:rater __ns :hey _cclc~ed _-ccsssl^; c' J.2-:1ch Mortars e: gn1^g at:ocr .5 ccc:c as we'_i as 'e:gt:s of -~-el F1F'-s [o va:l3ate _-9 'ieltlrg proceas. The text d_~o r.strarlo; was ilTelhyl Me t~y_ Fhoaphc rate (GY19Pj a '%2ry res13L1.e G9 agent s'_rrrog3[e. G3 1s a ~c__3rer agars[ soa^*_laea called Sarl:, c:e ra:^drop o_` a~n S_: is la[f.a: *_c :.::raas. Vk agen_ and agent hydao lysates Wert also success:u:<}• crocessed. Vx :s L '_GC.131 ay^ant ~ha: at=asks tha ner-raus syste^; „ 1s a _et~al suffccaR[. 'he ?ldaT3 Watt: converter was coerat~=d 1-'oeth _=a^s:erre•.'. and ^or-transferred arc trcde Lo demo^sLrate the syste^'s acrsat111ty The ?rJgra^i•s solids uer_ fed L., the 2WC In cardboard carrots t"e gases and __qu:ds ,er=_ p1p=-d j-rsctly^irco =:^a vQSSe_. ?n Host _..^s, _1.;u 1ds and solids Jr00 ^_55ed at _''^e sane 3Crh Jr ^y a::c _rd 1'It rga'11C Pa[2r:als Were a~aC orccessed $:r:_'_t3^eG:l9: ~^dS {.'°_re 3O::C CLLa a'd nC^.-3'.:60'_5 _1~V1C9. ~lr K11^eF 3i9J s31d, '"he "aterl3_9 t''dt W2re JrJ tC55eG 17 t'le c e^~c rsLrat.o^s t.`.ese cast r. orrhs, «.t: the excectlc^ o: age^ts, are ._r;: nuc;: i k2 t e <l.^.ds e` '13 Z3rd 01:~ wastes :cued 1, Y3r:0~:5 J'^m3r=:=: 3y. ~.i 1~=3L1J: 'he a.=_ co^?nosed C` ___r3 6 4Ce aid .rJpL°_ M-____ _3 ?Cw rEDLrCCg _ _ .-_^a l~neport ^f or _ ~ P.r^y 3LLbTlt tJ ~tRgreSa. ' ,l CC''yr^_s91Cra- ,..a rd3[2 asr3D i15h_d tie :~s Se^.b led C~^eT1C3' Weans^_° ;a sess-e-t ?ccc rd- _^dcr _ _ _eF3rc~2rt oc Cefs^sa ef'o r lden tlfy c:d d?^ORStr3Le 3n 31t2r^at •J3 lie 1rCLn8ratL7: O'. A3 `_1Cr'S SLOG C.O_19S http /;wwtiv prnewswue co•a'cet-btnistones pl'ACCT=!OS&STORY=•'µ'µw!stor /000093]81 9/25100 EXHIBIT c ' of c _ _cal :+eacens. :'he S~artec~ F.as-a :da stz CG 2. .=_r system .+as salzctcc as a^ncn-:rc:r:_ratiGl alter^at::=_, In April oP =397, the !,::tad Sta.as signed t`ca ...t2r^at:cra: :harlGal nea^ors CO'iv~rt-Cr =''^at obllges ti•e ~J.S to cestroy _ti eZtlre itac kp Lle of c'-ef^..a. weapons stored at nlne dept^_a ty tie year 2037. :he army has est:-atad t::e ?rogram's bud;at reg',:1r2^.ents 'oe over 513 t;:1::Jn. Sa __°e ~a rtJ ar .OL :O: r1a CG-:a0~<l'lC S=LCeTe ^._i cept fCr t~2 3tateG'ePt'a a. hl?r_Gr:Cd_ fa~C, a Lfl-°CCT3ClOR pLeS °_..^.C2d f`?_TB.^. COnS Ci =lit e9 f0rwdrd-1C0<_ng 3t3t e'lent3 :1: .he means^; Oi Che 271v3C2 SeG7r a:2; :._tlgat:Or A2_:_'l nCC G. :?33 SCG' _Grwdrd-IGCY:rg i tat-_^e nti _^'cOly? '<nOwn and crkne wn r.; ks, _^ce rtal-t_as and other `actor; whl c': ^tay ca::se t::e actual res~~: es, cer_`G_^.nanca o: ac'~le vemen.a o`_ the cJmpary Co bs mate a a117 cifferene any flture ___'sl_s, percc _^..ance or aGtll°Jc^en79 exFtessed cr lmp__ed cy sceh :arward-1oc'<~^q 97a *_e ~te'1C 3. ~LLC.7 _'3C_Or; Lrcl_d9 g9R9r31 aC01C":C a.^.d ~_;_neS; CORd:t1C^S, tha aCll ay t0 turd one=a..ors, t're loss of -ar'<et s'-a: e, cia-gee lr. coaa~:^.er buy:^3 ha'J:ts a;d C^he= 13GCGr5 aser t:l C:1 ~t3rLeG': ~C ^.:LJ`r'e f`..31 CC=LGr3t1G^ ^39 l`ttle Gr RG cG :trai SOv'n C~ SCa rC2 G:7 ~.l •l: rGP.S 2.^. tdi CO _^p. r72i7 __C2' ~GCjJ:~~:Y A!Mr SCa::e G:l ne`_ Conway Ne.+s On Cali ;t"r_p_//www ptn e:±swlre cor/eom~/1;3°37_h_n! or Fax, EC^-?58-Sc7a, ert 1:3537 /YrallYe~l~e! bnr+e (ToQay} rents) (Campxny Ncwt On-Gill) j5carch) (Fgature Ye•vs) (Aulomntn_e) j_Enernv) j_Ente riainmSnt) (Financial) jH~alSh/H tzrah) (Rthpa nit) (i ahn America) (Sporn) (1'ecllnolt93;y) (}Vachlo~tnn) (tVlnunlain Yswc) PRN P~~~S+_& SS~tCfa) (Ask PRA (S,mk~) (PRY Fvcnts) C 199417/9 PR Ve+n•Ite All rlRhtl rtatrreJ RedM Wbutbn, rttnrometlan. rtpubbculroa or eommertel erplnhmv of the content. of thn ute ere oprteth pnhlbhM +Inrovt the +dna rnvtont of PR Ye+•+,rt Tbae pagm h••e been optimrad for ~'cir<epe • i d er later htlp irwww pmewswtre cotn%cgi-btn/stoncs.pl~ACCT=105&STORY=%wlcw/stor ; 000093181 9/25%00 ryn_.r-7~ Startech Fnvironmental Contracted by U.S Army for Demonstration of Plasma Waste Converter fnr Chemical Weapons on Yon-Stockpile Yrogram N=:.:ON, Cann., AD=:1 .J /FRNews~:re! Sta=:ec: 3 ::roarsnta: Corp. ;CT. 3~llet.a 2card S:'H3;, a fully repor.y^g corpany,^anncurrd today that It ;as started a re« contract _rc:; tae u 5 Rrmy's Non-Stockpile ?rogram wit r. !ryS Irterrat:oval, :rc. to prepare tn? Startech Flasma i7aste Converter ?NC; ":'!1 system to de^to::strate t.? saf= and irravers:b:e desttuc=:cr cf a array of che^t: ca: weaoo-ts, cn?m:cal a.;e;ts and related toxic a-d Farardcv Taterla:9 0'_ t':a Nc;-Stoap_:e prcgrar Ia t.._ Lnited Stat=_s, t`•ere ar? sere 229 s:-es 39 states a^d Z tern:ter:as where^these raterlais are :~ea~cd. Toe cost pl~.:s pro::t contract is a ~u:ty-phased, fast-track ~r?7ect _^at has as _a ua_:na:e oo7ectyae the ptcduction of _ranseortable systers Lo be de?=eyed _he saf=_ des'r:c~:cn o: these materials at eac^ of t: a 223 sates, '"he :-dust r_a l-sired ?WC t^at weir to :sod i; the early phases of t~_s crocraa ys the sa^e Sta.-t=_c:t syst2~n the= ':as teen auccessfuLiy oporatrag at .,b erdeez Fro•::^g Ground syrce .:aruary 1993 !see t:?ws Release, `^.ay :2, ':999). St3 rt?Ch and UX9 ar^ work:-g together as a teat .n t`:is Cior-S=cckp::e Ccr__ac= UX3 is crn_ o? the largest Lnt?rzatlona:iy recocrized explosive or~tarco d:spo.a_ core art: es the wc.Ld. Unerplcded otd;ance refers to r~~^_t.o^s a'd weapcr.s such as^la-dr,~nes, rc c~xets, bomb:et s, mortars, prcce::.,.,ts, and Chem:ca_ i3arfare ^^ace::e: found o: "uiLtary bases, firing and ~o^.b:-g ranges, azd former way zones scattered thro::ghcct the wcrld UX6 ys a Sta=tee:; Strat_g:c Ai:yance ?3rt-er ~SCC News Release, Septer'uer ""<7, '_999I. oseph S. Xiirek, Startech's E:.ecut:ve v_ce 2res:Cent a^d Ch:e` Operate;g Off:ter, said, "In c~_r Strategic 2+1:13nC?, Startech orosydes t^e a?u:pme rt and ;,X2 p:o^id_s t.e o:-site reccvery and processync sere=cos." +1r :L.~ek a:so said, :he budget for t'-c ~o:-Stockc:le prcgram .::as bee^ est:T tired at 27 *_c ?C ci:::cn doi:ars. Yowever, it nay b_ help f'.li to exe'_a:n the d_f'ere:ce between the [.'o^-Stec<pi'_e ?rcgta:: and the Stcckcyl=_ Frcgra-t so as not tc be confused t'~is tior-Stoc'ipi:e Contract mart fro. contrac':s «e ^ave prey:ot:s iy a^r a~nced none are answers to quest:c^s freGue^tly as;ce d." N:3C the dif`cr^_;ce betwe-.^. .;:e two prcgrars~ `:cn-Stockp:l=_ and the S:cc<pyLs ?rogra:ss cors_=_ cf a1_ chentca: war.are ag=_its prcdt:ced by t^- Ur:ted States fro^ apptox!mately 1317 t`'roug~ 1969. :'?se dev_ces were o_:eloced for use .n wer:d i73r a;d later warn, to deter of^er c~u^tr:es _°=cr asi;q c;e-ice: «ea:ors against t'^c S. or other A:l_ed .Drees. ^he :terms ~ncl::ded .r. .he Proc:an corsis= of the ^unitio^.s, t';?>_r stor]gz d?v:css a;d even ':e bu:'_a>. n.;s where they are 'tept or were produced. .he Stcc ~p:lei-r rograT includes certa_n chem_ca'_ ace^ts :hat were se:ected roducv_on and were *_ypyca:ly s tired .n Large bulk terra yr,e rs end/cr Loaded into munityons. :'~:s 1^.ve irony makes ~~p the Vat-en's Stockpile and ~a 1CCared ~ P.r"ty -r5t311at10n5 Lre:~;e t _ ....:C~Rentdl !,C!ted State u^ a-d C.^C 1CC2tLCr, uC~1n5tC^ T°_13rd, 1CCated L1 t::^.9 ?aC1f1C ocean ":e ,tor.-StcckpiLe :s a Hoch la ryer pr~cgram a^d :rc:_des everythi;; else ,.t the Sto c'cp-__ 2togra^. Twc-:~~ad red a^d twenty ..:n~ silos at 93 d_ff=_rert _oc3ty^rs spr^_ad thro ugho~..t =rates and^2 te_r_to r_as have beta ice-t:f.ed i^ adcyt:on to _:=_se, Caere _ _ ~ =..rimer oroduct_or __c____~es ?rd 5 saes _-at .cos=_ _^ua: a,e;ts a-d_c;e--cal a,_.^.t ec^tar_n;=zd equ:~^?nt .'rat ara arse^_...._~.:?;? _ the \cr-Stockpile Frograr,. http -hvww- prnew~swtre tom%cgi-hm/stones phACCT=105&STORY=~www%stor /0001 1865 9/'?Si00 EXHIBIT ~ w a_ types o. _h1rra are lacL~lCed .r t':e :7cn-Stockpile Erograa? the Arty sevarates t^e huge lnventery ^la klaq up tie `7or-Stockplle ?rcgran .r.tc basic categcrles, 1 3:rary Chen:ca- Weapcns - th use w2docns ara these that nlx C,+o toxic che~lcala lrs lee amrcrltlo r, durl^g lta f:cght to er lrtended target, 2. :=r^+er ?:oduct:cn Facrlatlas - b_:ldings and e~~lpmer,t used to na^ufacture the various c''e^:cal agents and tha coat a.-u ^ated au-1ltlors asaemb:y Pac:llties; 3 td ~s cellarecus Ch~^11 cal Sla rfare Matar:al - :arge c^amlta_ aQ_rt storage coctalners, 9ar:01:9 Che,1.3. dgeRC dcvclcpmsrt saaplas, egvl?rant t:sad come ct:or. with the emplovrent chemical weapcRS and a s'yr:aC of tontar_^ated ve?sea and uafl+_led mcrltloas, 4 Beccv_r.d C`.cTic31 wa_:are :fa t2 n al - ch15 i.^.c .odes items _acovered from _°_rlrc :arge_ che~nlcal :+eaeo^s al:aady racuverad iron our:ai 9;t25, and warfa rel materlai O_` .orelga design; ard, 5 3ur_ed C'^enlca: Nsrfa:a Hatar:ai - this 1:CiudB9 t?',l5 cutr_nt+_y burleC cn _a rd or urder,+eter :he co^d:t:or o` =hose lta~s zs r____ niC.^.O wr . What is the bud,st for eaci of the two programs' Current estimates project toe budget for the Stockplle 2rogra:a at about blll;cn dollars Tae pro7ectdd budget for the No^-Stockplle ?rogran is ZC to 3J b_:L1oR dollars. .411. the ?'+7C at Aberdeen nee to be nodl .`led for this coatract~ 'he ?iPC is suitable as presently ton.igured. S4e vi:! provide the Arny . with t~+e eotioR of using varlo•_s feed syst'ans to allow :I:li 'iexlb111ty in the se_ecc.cr. of Peed naterla' a^C lr. antlcloa__oR o_' field ccndlt:crs. :Q]]at tV~e Of rl3teL131 wll- ycLL pr0Ce55~ Sze w;li be Dr0Ce991Ry^ a wide variety cf both tox_c and 10:1-tOxlc matet131. is there a^y interest 1.^. a -oc:ie syst_n' :!cb:::ty is lneortant to *_he Clon-Stockplle ?rograr., Cha~_cal weaocns and nun:too^s carrot be removed ~roR the sit=. Tk:e equlonent has to ba brought to t~^a sl:_ :he Army !:as expressc3 late rest is cur abi:l`_ to adapt the paC 1'1tJ a mcbl_e System She ?WC system ooeratirq at Aberdeen Provi rq Grovrd hag beer bv:it a^d con?:gored w:,t the Tcblle coR_f_guratlon very Huth In n_nd. is _he Ur.lted States the trig country facing till croole^1' ~o. An lrternatloRal treaty was signed by t^e United States a-d over .eO ot; er 1aC1GC9 t^a. regc~_cs t^e destruction of ail chemlca_ weanoas wit ~.i.^. 1C years. ae expect U.?. techro logy .c lead the way Por all the slg^atory nations 1- *_h13 :erg cor p:ex ar.d ant er.se activity :7c bal:ava the Plasma was*_2 Convarter .s the mcst robust a-d cost eP:ectlve sclutloR for -!:ls _rter-at:Ona+_ proble^+ ar3 ae hops tc aiay a a:gllr:cant Iola 1'1 xa_Llag the str-`= r=_a::'_r2^e; is lmposeC by :^e tradty. S :a rt.c: 1>- d: e^•r_ror^len tai equ_pm rt co-nary whose ?las as xaste CO1 :'a. :2r 9d~?iV prose=3e5 31d CO: V?rt$ :'a Za=dO'_9 3Rd ^O^^,,^.32d rd0L's wd9tOa conpr_s2d O' ..rga ^.1C dCd laOry^d11= 5011:5, ga585, dT~e O'~3 did nOn-d y^^1:001:5 ::quids oy its prcpr:etary nethoC of rclac~_ar dlas=c:atlo^ and ciossd-1cc? hop llwww~ orne~vs~vSre com''c~t-blrvstorles pI~ACCT°105&STORY=iwwwJstvr .!000118655 9i25r00 eLe^eaal recyc::ay. .tee F:7C C0.'73r_9 nest hazardous 3.^C ^.CR hazardous s+astes :~to use`_~_i coc~cd:ty orc?ucts. 5or flrt her iR_`o ^ta tion, contact Rotert L. CeRCChi e, V? o! :nee?tor Re:at:o^.s, or see the St3rtach Neb page http•//c+wy:.st3:tech_Ret 3a'_e Nar'por for For;tard-Look_ng State^ents: r,:ccept for t~^.^ statetreRts oc histor:cil fact, tF_ :n!or^at:oa creeented hera.a cc RSt:tutes !onward-ioo'<:^q statements w:t`t-r. the nean>.n:, o: toe ?r:va.=_ Se c::rLt>_e3 L_t:gat;on Re-°o ^t Act o! 1995 Suc^ :or:+ard-:oo't: rq statements iavoL~e inow~ aRd u-krcwn risks, 1-C3rtd:nCle9 and other !ac~ors ~h~::h ^ay cause actual r_sults, per:ormazce or ac:iene:rents of the corpary tc be '~3tar13iLy d.!!arert fror, any luture r=_sults, per!crrarce or ~ach:eve^le nos expressed or >.eci_ed ty scch for card-Loo k:rq star=_-tents. Such factors _rc:uda ;enerai econc^.c and business condicioRS, the at>_1>.ty to fund ocerat~ons, the t_pss o. eerier spars, cha.^.qes !Z ~ona:lnzr buys^y^ hecits a^c Ot~^.Cr ..:Or9 O'~~_ n'~[:1Ch ~~dI70C^. G^'11r71n1°R:11 CCrCOr3t~On i ~5 Jr rC ~C!:4C~ SC3ICe.f C'v~rOllRen C3~ Corpol3 t.G? :Y tiO Site: ~p://:.-~r.+.s:drtech .^.C~ CC,TCd:7f :VC n'9 On Cdii: a ttp //va-c?~rr e:+s vx ru coiv!c~mp/l?35?" i~rn: oL r3 x, BCO-75~-SaGa, e~_. .:3537 M (TUdar s Yens (Cnmprny Yom 93{:1) ($;arch) (Fcnture Yc~) Laatgmoti~c) jEncrCY) (1!:nlertainrngnt) (Fnancixn {Heilth/etotcch) (t)'.irpanj~ (t_pfnt Amcric,~) j~utt.) (TCChllolo~v) jWsshm~fon) ~~iopntain_lYcws) (PRPI PrUduets Fc Sen~ccs) (AJk PRi~ (Llnlce) jPRN Frrnts) C /7941999 pR YrMw,ti Ail nChtr teo-rvgl Radnrrfhun9n. tctrxumu~en, repuhltrntwp oreammertirl e:p1911e1ian of the centeuh of lhit dte rrt np,ail• pmhlhued wltheut the wnttee eeroent of !R ~ewn.tR These prFn h~•e h•en sOhnbrd fen Yrin-tpe . 3.0 •r4Yr http ~;www prnewsw~re Comicgi-bin/stortes.pl~ACCT=105&STORY~/wwu/stor ;000118655 9/?5/00 F 5 -.v I...rs K wo grwnw ~ 200 swan Htgn Streee Mwvov NYtiuku, Maut, }tar+ati USA 932:55 T¢IapMr< (B08) 270-7856 Fu (60E)270.7673 OFFICE OF THE MAYOR email. mayan.oRice9camau. tv Ke ma O Ka Mma CWtJ7Y OF MAUI Kalana O Maw May 26, 2000 Mr Robert Ktng, President Putfic 8+odiesel, Ina 285 Huktltke Street, 8-103 Kahului Hawar+ 46732 Dear Mr Kmg- SUSIECT• Letter of Recemmendanoo [t gives me greet pleastue to offer rhea letter of recommendation to Pactfic Biodtesel For the past three yews, the County of Maui 'gas been ubt:tg biodtesel to our heavy duty vehteles w'e have experienced no problems with using your biodiesel product Your btodtcse{ is of the highest qualtry and to fact, it is gtute possible that our vehteles are realinng less engine weer due to the tncreued fubrtcity of your btodtesel fuel lust az important as the high quality of your biodiesro; is the integnry, professtonaltsr_ and expertise of you and your ttssoctates, Larry Zolezzi and Daryl Reese The great working rele[tortship between your company and the County of Mau: is directly ata-ibutable to you and Sour staff and 1 realty apprecea[e the terrific service [hat you've heart ptnvidtng us f sm very proud the' Pactfic 8iodtesel, tstabitshtd on the Is:and of Taut, is naw eKpandtng around the world Your :.ompany has [umed one of our commumry's problzms, waste cnoktng ott, into a valuable re:itwabte energy resource, while creating Jobs and e~hencing our envtrvnment Thank you very much for you[ serviees and good luck with your new ventures °Icase feet free to have your prospec;ive c:ien[s contact my entrgv coordina[or, Mr Kal Kobayashi, et (808) 270.7832 Sincerely yours, JAMFS 'KIMO' a NA Mayor. County of Maui Qualtry Seam(err Srrvrce -Nora anE for rnr Furlrr EXHI®IT G West Hawaii Recovery Systems, LLC 1169 Mikole Street Honolulu, Hawaii 96819 Telephone (808) 845-7581 Mr Robert K Yanabu, Chief Engineer Department of Public Works County of Hawaii 25 Aupuni Street, Room 202 Hilo, Hawaii 96720 LETTER OF TRANSMITTAL Re Request For Sealed Proposals Furnishing of Services To Accept, Divert and Dispose Of Municipal Solid Waste Dear ,'v1r Yanabu In response to the above-referenced request for sealed proposals, I hereby transmit the enclosed Proposal of West Hawaii Recovery Systems, LLC Relevant introductory mtormation follows The Offeror is lh~est Hawaii Recovery Systems, LLC The Offeror's ,address is 1 169 Mikole Street Honolulu, Hawan 96819 Taxpayer Identification Number 99-035078 General Excise Tax Number 1064254 Clyde T Kaneshiro is the sole member and sole manager of West Hawaii Recovery Systems, LLC (hereinafter "WHRS"), and he is authorized to sign all legal documents on behalf of WHRS WHRS is a duly registered Hawaii limited liability company, organized pursuant to Chapter 429, Hawaii Revised Statutes, as amended A copy of the Action Without Meeting Of The Sole Member And Sole Manager Of West Hawaii Recovery Systems, LLC, effective as of August 31, 2000, is enclosed herewith WHRS is interested in the protect described in, and providing any and all necessary services in connection with, the Request For Sealed Proposals, Furnishing of Services To 1 Robert K Yanabu 2 September 5, 2000 Accept, Divert and Dispose Of fvlunicipal Solid Waste WHRS is fully capable and available to accompish all responsibilities necessary for the satisfactory completion of said protect. WHRS wishes to express its gratitude for the opportunity to submit this Proposal for your consideration Sincerely, ~ Clyde T Kaneshiro Sole ,tilember/Sole Manager West Hav.~aii Recovery Systems, LLC encl S~.° a. '00 1: _S~ ~fF, S:+KF,f^pT0 ISNI: S09 52~Slaa P. 8•'10 AC:'ION WT_T30LT ~3:'ING O? T~ SOLE MEMHaR ?.`IJ SOLE 14e1.`I'„vER OF Wr'S: 3AWAI; RSCC4BR'_' S'tST:.`45, :,LC ^`:e u_Zders_gned, being the scle member and sole manager of nest rawa:~ Recovery Systems, L:.C, a Hawaii l±ceuted l:ability compa:y, hereby consents to, approves and/or ratifies the follcw~ng actions and/or resoluticas effective as of August 31, 2000 RATI?ICATiON OF ORGA:`IIZER'S ACT=ONS RESCL'v'ED, that the act;cns c° the organizer of the company be and the same hereby are rat~.aed, confirmed azd adopted INITT~r• MANAGaa RESOLVED, that the `_ollcw:ag :erson was aom~.nated by tie orga:=zer and named ;a the .~rt~c;es of organization to serve as the sore manager of the corporac:or. u:t=: his successors are c oser. and gt:ahfy Vame Res_'eace Address C'_yde 3areshirc 9~3 3ealaolu Pace 3cnclu:u, 3awa_s 968,6 ADI'.;` F7R:.~..'R R^.SOLVt..D, that tse :crecoiag person be and is hereby ccr_?~rmed and apeoiat=d as the soli manager of the ccmpaay and that as sole manager .s to assume the dut;es and respons_b=:=ties fixed by the Art:c.es, tze Operating Agreement nay!, Members law. RESOLVED, that the cc;tpacy sha;: have ao seal. HA.'V?C RA'S.'~,LIITIOV RESOLVED, that :.~.e :~aaager be and hereby is authorized and d_rectad co open a ban:{ account with the F~~st HAwx/~'a-+ ~awL- ACCOL'2dTTNG w''AR RESOLVED, that the company adopt as its accounting year the period beginning Janaary 1 of each year and ending oa December 31 of the same year; and Cq/6:6f Sc' BS '^c0 L1 :S:~t1 C-'FR SaKFPICTO ISr~I. 808 52251aa P.?r10 FL1Z:3ER R.SSOL'Jn'D, that the company's books of account be kept on a cash basis GOV1'RVM~'?AL F:L_VGS P,ESOL'v'ED, that tae manager of t~e company be and hereby is authorized and d=rected to file with the city a:.d county, the state, and the federal government applications, forms, documents or other papers necessary c: appropriate to the transaction of bus=aess by the company which may include, but are not limited to, appl~catioas for city and county licenses to conduct business at a particular location or of a particular type, state licenses to conduct business of a particular type, a state gross income tax 1_cerse, a state genera; excise license and employer withhold~ag number, and a federal employer ide:tificat:on number. COLZQT'~ Ce ?IdWA=I ~?2 wEi.'La.S, the Ccurty cf Hawau, ]epart•~ent of Public Works, Sclid Waste Div isioa has issued ar_ RPP for the fu_-ais2:ing of sez-rices to accept, d~•re:: azd d_spose o= municipal so11d waste i"R±P"!, RE'SCL'~IED, =hat the matage= is hereby authorized to s~.ib^:= proposals, provide any reces3ar7 infcr•ration, negotiate and eater into a coat=act c: beha_f of the company on the R?P, as may be amended. [~SMALVJ'EcZ OF ?AG'c IP] r'2J'=:C:J.I.".L°_ BLAl~T:{; oui~ias:;: 2 sE.~ ei •ee ii [sari cr~a =_FKarroro Isr+tI eee sr2siaa P. ia~.a ICI WI:'YESS W&EREOF, the undersigned have duly execured this Ac~ion CLYDE a5HIR0 Sole ember/Sole Manager 00/61[31!1 3 County of Hawaii Department of Public Works Solid Waste Division Furnishin~Of Services To Accept, Divert And Dispose of Municipal Solid Waste PROPOSAL Table oY Contents Paee I. Executive Summary 1 II. Proposal 3 A Company Qualifications and Experience 3 1 An Introduction to West Hawaii Recovery Systems, LLC 3 2 Key Personnel 4 B Process Description 5 1 Traditional fvlethods of Collection and Disposal a[ Landfill 6 a Prospective Cost Savings and Future "Rebate" Potential 7 2 The Startech Plasma Waste Converter 8 3 Relevant Past Protects 10 a ,4n Introduction To Startech Environmental Corp 11 b Startech PWC Systems In Place . 11 c More Recent Applications of Startech's PWC 12 4 Environmental Impacts and Community Concerns 13 a Environmental Impacts .13 b Community Acceptance 14 c Life of Operation 14 d Off-site Development 14 5 Process and Operation I5 a Technology IS b Development/Start-Up Plan 15 c Operation Plan 16 d By-Product 16 6 Waste Quantity 17 7 Price 17 EXHIBITS "i"THROUGH "16" I. EXECUTIVE SUMMARY In response to the request for proposal, issued by the County of Hawaii, Department of Public ~b'orks, Solid Waste Division (hereinafter "County"), for the furnishing of services to accept, divert and dispose of muniapal solid waste, West Hawaii Recovery Systems, LLC ("~VHRS") is pleased to provide a complete and robust solution that can quickly and safely satisfy the concerns of all parties Currently, County workers haul approximately 200 tons of solid waste per day, collected from 13 transfer stations in the districts of Puna, North and South Hrlo, Hamakua and K<ru Commeraal haulers pay a tipping fee of $35 per ton at the Hilo landfill If the current waste stream is maintained, the Hilo landfill will be at capacuy by the year 2005 i y~ ieat _ .q~"`- . 1 b The Upping fee currently charge at Puuana u u a is~ per ton, subsidized m part by the County Effective diversion of waste from this landfill is environmentally preferable and would result in savings to the County of opportunity costs and real costs Thus, exploration of alternative disposal sites/methods, such as the opening of a landtill specfically reserved for construction and demolition waste, should not be overlooked at this time bb'HRS' proposal identifies amultiple-pronged approach to address and satisfy the County's solid waste collection and disposal needs The proposal provides a collection, recycling and alternative disposal method which would result m 100°'o diversion of the w-aste stream from Hilo landfill This proposal is outlined below 1 ~VHRS will utilize the Startech Plasma Waste Converter (hereinafter "I'WC") to process household hazardous waste This technology is described in detail hereinafter and represents a safe, clean, efficient and econorriical method of disposing of hazardous and nonhazardous waste Appropriate receptacles for collection of household hazardous waste shall be provided at all thirteen (13) transfer stations currently serving East Hawaii In addition, ~NHRS will accept household hazardous waste at its main operations site 2 WHRS will construct and operate a transfer station to receive all municipal 1 solid waste (hereinaker "MS~V") collected from the 13 existing transfer stations as well as individual, commercial, government and industrial haulers Green waste would be separated for recycling To the extent that it does not impede the conduct of normal transfer operations, other materials such as cardboard and newspaper would be culled for recycling Construction and demolition waste would be disposed of as described m paragraph 3, hereinaker The remaining MSW would be longhauled in enclosed transfer trailers to an alternative disposal site, m this case, the County landfill located at Puuanahulu, North Kona 3 WHRS will conduct an economic feasibility study to determine the feasibility of acquiring rights to land in order to operate a construction and demolmon landfill ~1;'HRS sees this as an opportunity to work with the County m an effort to achieve the maximum diversion of solid waste from any landfill, including the Puuanahulu landfill Die~ersion of solid waste from the Puuanahulu landfill would provide mutual benefits to WHRS and the County (1) b1'HRS would save costs by avoiding the expense of long-~aulmg such waste to North Kona, and, i2! the County would save on Upping fees that are paid for tonnage disposed of at the Puuanahulu landfill In recognition oT these factors, and with County assistance, bb'HRS will pursue efforts to uUhze a 10-acre parcel of land adjacent to the Hilo landfill (Ti~1K No 2-1-13, pot of 11), commonly referred to as the "Glover" parcel, and acquire permits [o operate a construction and demolition landfill (heremaker "C&D Landfill") as long as this can be accomplished at reasonable cost to WHRS If b1'HRS is able to open a C&D Landfill on the Glover parcel, it would be able to offer significant cost savings to the County m the form of a "rebate" (more speatically set forth m SecUOn II B 1 a , hereinafter) In the interim, pending approval and operation of a C&D Landfill, or if WHRS is unable to accomplish the conversion of the Glover parcel to a C&D Landfill due to economic unfeasibility, then construction and demolition waste will be longhauled to the Puuanahulu landfill 4 WHRS will construct a recycling plant for the production of bio~iesel and alternative fuels WHRS will accept used cooking oil from private as well as commeraal sources for recycling as an alternative fuel source The used cooking oil will be recycled and used as bio~liesel to operate WHRS' trucks and equipment To the extent that there is a market for low gr<cde alternative fuel, grease trap waste also will be accepted and recycled as low grade furnace fuel 5 WHRS will encourage and promote increased public participation in recycling activities WHRS will organize and operate a comprehensive recycling program at all 13 transfer stations as well as selected school sites by providing recyclabe drop off boY containers for the collection of recyclables generated by these communities Recyclables collected oy the communities would be offered for sale to local recycling companies Any buy back fees received from local recyclers would be given back to the communities for community-related activmes WHRS is committed to providing a comprehensive and environmentally sensitive means of dealing with East Hawaii's solid waste stream All of the above~lescribed services shall be provided for a unit cost per ton, to be paid by the County WHRS will not charge or collect fees directly from other haulers or residential users Instead, WHRS will provide the County with certified weight tags for the County's use in billing commercial and other haulers The County will be responsible for collection of tipping fees from haulers The County will be responsible for payment of tipping fees to the operator of the Puuanahulu, North Kona landfill for all solid waste hauled by ~b'HRS The County also will also be responsible for a guarantee of minimum solid waste tonnage per day under V~,'HRS" proposal WHRS' proposal calls for a contract penod of ten t10) years This contract duration is beneficial to WHRS and the County because it addresses immediate concerns of solid waste disposal while providing an opportunity for the parties to discuss future alternatives as technological advances occur in the solid waste disposal industry With a reasonable contract duration of ten years, the County will not find itself tied to the provision of outdated and uneconomical services II. PROPOSAL A COh1PANY QUALIFICATIONS AND EXPERIENCE 1 An Introduction to West Hawan Recovery Systems, LLC WHRS was organized as a registered Hawaii limited liability company specifically for the purpose of addressing the County's request for proposals in this matter Attached hereto as "Exhibit 1" is a copy of the Articles Of Organization of WHRS, filed with the State of Hawaii Department of Commerce and Consumer Affairs WHRS is an affiliate of Honolulu Disposal Service, Inc (hereinaher "HDS") Attached hereto as Exhibit"2" is a copy of the "Letter of intent for furnishing of services to accept, divert and dispose of Municipal solid waste, County of Hawaii", dated August 1 7, 2000, and signed by Clyde T Kaneshiro, President of HDS Clyde T Kaneshiro is the president of HDS, the largest locally owned recycling and refuse hauling business m the State of Hawaii HDS has been m business for more -han 30 years and has affiliate companies on Maui (Valley Isle Disposal, Inc) and Kauai (Garden Isle Disposal, Inc) It is the only private operator of a transfer station on Oahu Together with rts affiliates, HDS has approximately 2~0 employees statewide Clyde Kaneshiro is also a partner of Pacific Bio-Diesel, a provider of alternative fuel for the County of Maui Paafic Bio-Diesel's recycling facility is located on Maui and provides alternative fuel Tor use by County vehicles Paafic Bio-Diesel is constructing an alternative fuel recycling plant on Oahu which will accept cooking oil and greasetr<~p waste to produce bio~liesel and low grade fuels Currently, HDS is using bio-diesel to power its rolling stock in its Oahu operations Like rts affiliate businesses, ~b'HRS is extremely interested in and prepared to utilize methods incorporating the cutting edge technology of waste management and disposal Its interest in plasma arc technology and specifically in the Startech P~NC is grounded •n WHRS' desire to move into the new century with ever expansive capabilities WHRS has the financial capability to successfully fulfill protect requirements Attached hereto as Exhibit "3" is a financal capability letter dated August 31, 2000, from Donald G Horner, Vice-Chairman, Retail Banking Group, First Hawaiian Bank 2 Key Personnel a CLYDE T KANESHIRO Clyde T Kaneshiro is the Sole ~'vtember and Sole Manager of WHRS He received his B B A degree from the University of Hawan at Manoa in 19,'6, majoring in Economics & Statistics He has "hands on experience m the fields of waste collection, hauling and disposal, as well as recycling He is the president of Honolulu Disposal Services, Inc ("HDS"), the only private operator of a transfer station on Oahu HDS has been in operation for more than 30 years and has affiliate business entities on Maui and Kauai Business references Robert Ivt~amoto, President, Roberts Hawaii Tours 680 hvilei Road, Ste 200 Honolulu, Hawaii 96817 Don Horner, Vice Chairman, Retail Banking Group, First Hawaiian Bank, P O Box 3200, Honolulu, Hawaii 96847 4 Vernon F L Char, Esq Char, Sakamoto, Ishn, Lum & Ching Swte 850, Davies Paafic Center 8~}1 Bishop Street, Honolulu, Hawaii 96813 b JOSEPH F LO\GO, Technological Consultant Joseph F Longo is the founder and current Chairman and President of Startech Environmental Corp , of ~ti'ilton, Connecticut Prior to founding Startech, he vas the founder and Chief Operating Officer of the International Dvnetics Corp , a waste industrv capital equipment manufacturing cornpany w•rth multinational customers Pnor to International Dynetics, he was Manager of New Product and Business Development for.A~'v1F He has been awarded many waste mdustrv equipment patents, all of which have been successfully commercialized fv1r Longo is a mechanical engineer and operating business executive with more than 25 years of waste industry management experience c JOSEPH S KLIMEK. Technological Consultant Joseph S Klimek is the Chief Operating officer and Senior Vice President of Startech Em~ironmental Corp Prior [o lommg Startech, Mr Klimek was a Program Director and Vice President for Burns and Roe Services Company, where he was also a member of rts Board of Directors At Burns and Roe, he was responsible Yor its Telecommunications programs, rts Defense and Aerospace programs, and .vas also responsible for its highly successful Chemical bVeapons Destruction Program Pnor to lommg Burns and Roe, he was the Director of Business Operations for the Grumman Aerospace Companv, where he led mama major programs that included the Apollo Space ,Mission ~'v1odule, the Space Shuttle, the F-14, A6 and other combat aircraft He is an internationally recognized expert in the sate destruction of lethal chemical weapons and other dangerous materials d FOREST V'V' LIANG, PhD ,Technological Consultant Forest W Liang, PhD , is the Director of Research and Development of Startech Environmental Corp ,concentrating on the Company's product development and international and domestic market applications Dr Lrang is recognized worldwide as an eminent scientist ad authority m the fields of advanced plasma chemistry and plasma technology Prior to loaning Startech, Dr Liang was employed as the Senior Technical Analyst with the Plasma Energy Corporation and its successor He has provided technical leadership and research for the development and produciton of plasma torches and systems, much of which evere for use in the metallurgical industry ~vorld~vide He received his Doctorate in Metallurgical Engineering from the University of Idaho in 1995, and his fvlasters and Bachelors degrees m ~~tetallurgical Engmeenng from the Beilmg University of Science ar.d Technology in Belling, China e ROBIN H CHONG, Technological Consultant Robin H Chong is Executive Vice-President of EnviPac Partners, Inc EnviPac acquires technologies through license or distribution agreements ~1qr Chong recently secured state of the art technologies in the environmental industry for marketing to Japan and Hawan In addition to EnviPac, Mr Chong is involved in the marketing of a wireless integrated voice/datea telecommunications handset for vextel Partners, Inc Nextel is one of the four largest wireless service providers with a natiomvide network Mr Chong will work closely with the Startech consultant team and w II provide local support m this area B PROCESS DESCRIPTIOti WHRS' proposal incorporates multiple approaches to the current solid waste collection and disposal problems of East Hawan In addition to more "traditional" methods of waste collection and disposal tie ,collection from transfer stations and disposal m an alternative landfill site), b1'HRS will utilize the best that technology has to offer for safe, clean and efficient disposal of household hazardous waste This comprehensive approach will result in 100°o diversion of solid waste from the Hilo landfill and will provide an effective and safe manner m which to dispose of household hazardous waste In addition, recycling opportunities for communities and commercial establishments will be created and emphasized 1 Tradmonal ~~lethods of Collection and Disposal At Landfill WHRS will construct a transfer station and other related operations on a site adjacent to the Hilo landfill The operations would require County assistance in securing rent-free use of a parcel, at least four to five acres m size WHRS is aware of two parcels, located in close proximity to the Hilo landfill, which would be acceptable for WHRS use One parcel is situated on the rock quarry site (Tfv1K No 2-1-13-142) next to the Hilo landfill and is currently zoned for agricultural use The other acceptable parcel is thie Glover 10-acre parcel iTMK No 2-1-13, por of 11), zoned for industrial use The transfer station will receive solid waste from all thirteen (13) transfer stations currently serving East Hawaii and other haulers, including individual, commeraal, government and industrial haulers Green waste will be separated for recycling, green 6 waste and wood may be chipped and processed into soil amendment Vanous exhibits are appended hereto which illustrate a typical transfer station operation Exhibit "4" depicts a standard solid waste refuse trailer Exhibit "5" depicts a refuse compactor which is utilized m compacting and transferring solid waste into transfer trailers Exhibit "6" is a copy of a general plan for a high compaction model Exhibit "7" is comprised of various photographs which illustrate the normal operations which take place at a typical transfer station WHRS also will place recyclable drop otf box containers at each of the 13 transfer stations serving East Hawaii, recvclable drop off box containers can be situated at selected school sites as well Community involvement in recycling will be encouraged and promoted WHRS intends to support local recvclers, and all recyclables collected from the drop otf box containers will be offered to local recycling companies Any buy back monies received from local recvclers will be paid back to the communities -tor community protects - to reward the eco-responsn~e conduct of their residents Attached hereto as Exhibit "8" is a depiction of a typical recvclable drop off box container Exhibit "9" .s a sample information sheet which can be made available to the general public, the literature clearly and simply explains the do's and don'ts of recycling All solid waste collected at the 13 East Hawaii transfer stations will be transported to WHRS' main transfer station Green waste will be separated for recycling Culling of recyclable items such as cardboard and newspaper will be done to the extent permissible under normal operating constraints The remaining solid waste will be compacted and longhauled to the County's landfill m Puuanahulu, forth Kona As earlier mentioned, WHRS' goal is to acquire approvals necessary to operate a C&D Landfill on the Glover parcel, if this goal is accomplished, then all construction and demolition waste will be disposed of at the C&D Landfill instead of being longhauled to Puuanahulu landfill bNHRS will construct a recycling plant with the capability of producing alternative fuel such as bio-diesel This will provide a much needed opportunity for East Hav`~a~i residents and businesses to turn in used cooking oil WHRS will then recycle the cooking oil to produce bio-diesel To the extent that a market exists for low grade furnace tuel, WHRS will also accept grease trap waste for recvlmg into that product WHRS will accept white goods, however, these items shall be recycled by local recyclers a Prospgctrve Cost Savings and Future "Rebate" Potential If WHRS were permitted to operate a C&D Landfill on the Glover parcel, it would realize cost savings by not having to longhaul such tonnage to Puuanahulu landfill WHRS' cost to haul one ton of waste to the Puuanahulu landfill is S18 00 7 Similarly, the County would realize a substantial cost savings by avoiding the current 543 00 per ton tipping fee charged at the Puuanahulu landfill An additional mcentrve for ~NHRS to pursue this C&D Landoll operation is the potential income stream it will realize from charging Upping fees at the Glover location Therefore, rf WHRS is successful m its efforts to develop and operate a C&D Landfill on the Glover parcel, it would pay the County a "rebate" of 59 00 per ton for every ton diverted from the Puuanahulu landfill to the C&D Landfill The County would thereby realize a cost savings of $52 00 per diverted ton (i e , $43 00 of tipping fee and $9 00 rebate per ton) 2 The Startech Plasma ~•b'aste Converter Household hazardous waste will be processed utilizing the clean and efficient plasma arc technology dee-eloped by Startech Environmental Corp , an environmental techonology company engaged in the commeraalization and continued development of its proprietary equipment and process technology known as the "Startech Plasma Wasle Converter" ("PWC") The Startech system uUlrzes an ionized plasma arc to produce an intense energy source (with temperatures that can be as high as 30,000 degrees farenheit) that literally breaks apart the molecular bonds of hazardous and non-hazardous organic and inorganic waste or other materials into their elemental components The process is called molecular dissoaanon Depending on the waste processed, after molecular cracking occurs, the elemental components (the atoms) are then reformed (recycled) by [he system into commodity products for use as a raw material (commodity) by the waste generator, or for sale to other industrial users for a manufacturing process An informative presentation and explanation of PVC technology is contained m Exhibit "10", a CD-ROM program entitled, Startech Environmental Corporation" Photographs depicting a P\NC system are attached collectively as Exhibit "11" The Startech process does not require the use of, or the expense of, catalysts The waste feedstocks that can be processed by the P~b'C are organics and inorganics in the form of (1) solids, (2) liquids, (3) gases, (4) sludge, or any combmaUOn thereof The liquids can be both aqueous iwater based) and nonaqueous solutions, even rf hazardous or highly contaminated The conversion process utilized is called "closed loop elemental recycling" This process achieves material recycling and resource recovery without producing unao~eptable waste emissions, effluents, or residues Wastes are no long r r garded as wastes in~ie trarimnnal cancer harauca rhPysan hP processed as feed stocks Thus wastes can be rPgarder{ as valuable and renewable resources The PWC is an electrically driven system that produces an intense field of radiant energy that causes the dissociation (breaking apart) of the molecular bonds of solid. liquid and gaseous compounds or materials of both hazardous and nonhazardous wastes The process is not a combustion or burning process, and the system should not be confused 8 with an manerator or a vrtnfication process The dissoaation process is caused by •he intense energy field produced by the plasma nozzle operating within the plasma chamber Plasma is a gas (the gas can be ordinary air) that has been ionized (the alteration of the electrical charge of the gasl so that the gas becomes an effective electrical conductor The plasma (electrified gas stream) is discharged within the chamber in a continuous arc or lightning-like energy that can produce temperatures up to the range of 30,000E When the waste materials (hazardous and nonhazardous) are confronted with the intensity of the energy within the plasma chamber, the excitation of the molecular bonds is so great that the waste material's molecules dissociate (break apart) into their elemental atomic components The plasma chamber operates at normal atmospheric pressure quietly and safely The noise level of the sytem when operating is in the 70 to 75 DBA range Solid wastes being fed to the system ordinarily do not have to be preconditioned or shredded The wales can be ied [o the system m bulk form Although the feeding is ordinarily on a continuous basis, the system can also be batch ted The versatility of PWC technology allows for simulataneous processing of liquids, solids and gases PWCs are controlled remotely from a control room using dedicated and trained control room operators All teed streams and equipment are controlled from that location including startup, opeations, shut down and emergency modes The PWC chamber is operated with air as the plasma medium which will first be used to purge the vessel After the purge is complete the plasma gun is started Once the PWC reaches operating temperature and plant LCOs tlimihng conditions of operation) are met, input feed is initiated As feed input is mrtiated, steam flow is initiated and feed rate is ramped up until the desired through-put rate is achieved Interlocks are provided which instantly stop plasma medium tlo~a~, teed inputs and steam teed The only operator action require perform safe shutdown of the systems during_ugset or off-normal condtions is to turn off_ electrical Dower to the olasma devices bVhen the power to the P4VC is turned off, the process stops Nor does the portable nature of the PWC give rise to risk of hazardous chemical exposure Transportability of the PWC poses no risk of chemical exposure to the public Since air is uhhzed as the plasma medium feed gas, there is no asphyxiation hazard m the event of transport accident No special handling is required ~.o special emergency equipment or training would be required to deal with an off-site transportation accident involving PWC units The PWC synthetic gas (comprised mostly of hydrogen and carbon monoxide) recovered from the system is drawn out of the top of the chamber and put through a standard gas-polishing umt Inorganic, glass-like (obsidian-like) silicates form a separate 9 laver Lastly, liquid metal elements (if there is a sufficient quantity of metal in the feed stock) collect and are automatically discharged at the base of the chamber through a tap In this closed-loop elemental recycling system, recovered products can be used or sold as commodities employed in various manufacturing processes or for energy production For example, it is expected that most of the PCG (Plasma Converted Gas) will be used as fuel gas and to a lesser degree, a chemical teed stock Silicate materials recovered can be used as a quality aggregare and can be used in the ceramics, abra<_ives or the construction industries ~~'letallic components can be readily available for sale with little or no additional processing Exhibit "12", attached hereto, is a simplrt~ed flow diagram of the PbVC system Attached Exhibits "13" and "14" illustrate the manner in which "waste" can be converted into useful commodities by the PVC system It is estimated that more than 200 million tons of waste generated annually m the United States alone is classfied as hazardous or toxic under the Resource Conservation Recovery Act ("RCRA"1 Yet, even the RCRP, provides an exemption which acknowledges that when what comes out of a process is a commeraally useful product, then what goes into the process is regarded as feedstock and not a waste, see Exhibit "15", attached hereto The potential of energy production as a by product of PWC use is further described Carbon and hydrogen have a ubiquitous presence in the products and wastes of the industrial world When carbonaceous waste feedstocks, infectious hospital waste, MSVV and such are processed, the system will consum one il) umt of electrical energy while producing more than four (4) units of energy residing the the PCG In such applications, the system is a d to 1 net producer of clean energy "Disposal" of scrap tires using the PVC method v`'ill produce an even greater return of energy, it is believed that the scrap tires will produce approximately ten 1101 units of recovered PCG energy for each unit o. electrical energy used in the process This energy can be converted and used to help power the PWC itself If ~NHRS increases its future Pbb'C processing capacity tie , utilization of PWCs to process increased tonnage), this benefit will be available In addition to the benefit of energy production, the PWC method provides a highly efficient means of reducing the volume of waste Demonstrations have shown that PWC processing of carbonaceous waste feed stocks results in volume reduction of approximately 300 to 1 Waste streams composed primarily of hazardous or nonhazardous paper, cloth, plastic, food, pharmaceuticals, explosives, paints, solvents, PCBs, filters, oils, and such, result m so few solids as to produce volume reductions approaching mfimty In the United States alone, approximately thirteen billion tons of wastes are produced annually, including MS~V, requiring some form or processing and disposal The most common treatment and disposal methods of hazardous and nonhazardous wastes and industrial bv-products include maneration, land filling, deep-well infection, neutralization, 10 bio-remediation, other combustion based processes, on-site containment, and direct discharge into the environment All of these methods have signrficant transportation, treatment, environmental or safety risks In addition, most of these treatment and disposal methods themselves generate large volumes of problematic waste that may require further treatment prior to final disposal Some methods cannot process inorganic wastes As a result of such shortfalls, many of the "conventional" methods of solid waste disposal are being met with increasing public resistance and more stringent regulation, this, in turn, has led to increased costs of compliance, increased liability and cost of non-compliance and, in some cases, outright prohibition Compared to other treatment methods the Pb1i(~ minimizes or eliminates the creation of residual waste thereby reducing th oac and risks associated with residual waste disposal The many benefits and advantages that set PVC apart from other v`~aste disposal technologies are listed in Exhibit "16", attached 3 Relevant Past Protects a An Introduction To Startech Environmental Corn Startech Environmental Corp (hereinafter "Company") is an environmental technology company positioned and dedicated to the production and marketing of low-cost waste minimization, resource, recovery, and pollution prevention systems which convert all forms of hazardous and nonhazardous organic and inorganic wastes and bv-products into valuable commodity products The Company's management team has patents in and has been designing, manufacturing, and marketing engineered-solid-waste capital equipment to the waste industry worldwide since 1969 The Company's engineers have also served as consultants, designers, and manufacturers of solid waste systems for the U S Navy f-om 1973 to 1993, and waste industry equipment consultants for special programs for Union Carbide, the New York City Department of Sanitation, Nippon IDC, New York Life, Metropolitan Life Auto Pak, the aty of .'Noun[ Vernon, Connecticut, and others The Company designs, manufactures and sells PWC systems which achieve its mission at a relatively low cost and with operating performance that is far superior to the Environmental Standards of the United States and Canada The Company is committed to commeraal development and worldwide use of its PWC Closed loop Elemental Recycling equipment The Startech Plasma Waste Converter and Plasma Converted Gas are both trademarks of the Company b Startech Pb'VC Systems In Place In July 1998, the Company was awarded a contract from the United ll States Army to perform the demonstration phase of the "Assembled Chemical Weapons Assessment "Program The Demil (Demilitarization) Program must safely and irreversibly destroy the U S stockpile of chemical warfare weapons located at eight sites in the Jnited States and one on Johnston Island, about 1000 miles southwest of Hawaii All of the chemical weapons at all of these sites must be destroyed by the 2007 Chemical Weapons Convention Treaty deadline The Army's demonstration contract required the Company to demonstrate the safe and irreversible destruction of the three prinapal chemical warfare agents VX nerve agent, the suffocant agent GB, and the blistering agent HD The Company was also required to demonstrate safe and irreversible destruction of munitions, explosives, propellants, and a diverse array of other chemical weapons wastes A PWC system was installed at the Army's ,Aberdeen Proving Ground, m Edgewood, Maryland, for such purposes The first campaign was comprised of ten demonstration runs that processed Composition-B explosives, Tetrytol explosives and M-28 rocket propellant of various munitions The second campaign was comprised of seven demonstration runs that processed oak pallets contarninated with the hazaradous preservative PCP (Pentachlorophenoq Also included were demilitarization protective wear such as protective gloves, boots and suits worn in the toxic chamber and made of various plastics and rubber with a charcoal filter package and metal fittings, as well as ~~t- 55 Kocket fiberglass tiring tubes (glass and resins), activated charcoal filter material and decontamination fluids The third campaign was comprised of 17 demonstration runs These included processing of 4 2-inch mortars and varying lengths of steel pipes to validate the melting process One demonstration processed Dimethyl fvtethvl Phosphonate (DfvlfvlP), a very resistive GB agent surrogate, GB is a belister agent sometimes called Sarin, one raindrop of which is lethal to humans VX agent (a lethal agent that attacks the nervous system) and HD agent (a lethal suffocant) hvdrolvsates were also successfuliv processed Since installation of demonstration PWC system at Aberdeen Proving Ground, the Company has received no reports of PVC-related acadents resulting it inlurv or death c 'v1ore Recent ,Applications of Startech's PVC in April 2000, Startech began preparations to perform a new contract for the U S Army's lion-Stockpile Program with UXB International, Inc The Company is preparing PWC systems to demonstrate safe and irreversible destruction of a vast array of chemical weapons, chemical agents and related toxic and hazardous materials of the Non- Stockpile Program In the United States alone, there are some 229 sites in 38 states and two territories where these materials are located In comparison to the Stockpile Program work at Aberdeen Proving Ground, the Non-Stockpile program is much larger, consisting I? of everything else that is not in the Stockpile Program Moreover, it is believed that U S technology such as the PVC will lead the way for the more than 160 nations which are signatories to the international treaty calling for chemical weapons destruction 4 Environmental Impacts and Community Concerns a Environmental Imp Construction of the main transfer station, and traditional MSW collection, compaction and hauling operations will require consultation with and approval/permitting from the County land use authorities and the State of Hawan Department Of Health Construction and operation of the bio-diesel recycling plant will require consultation with and approval/permitting from these same authorities Recycling operations (other than bio-diesel production) will not require governmental or agency permitting The PWC system has been examined by the United States Environmental Protection Agency ("EPA") The EPA has determined that the PWC qualrfies as an "alternative thermal destruction process m place of maneration" Additionally, the National Academy of Sciences has taken particular interest in the PWC technology and does not classiry or consider such technology as manerahon, oxidation or pyrolysis Because the PVC is not an inanerator, enhanced regulatory approvals for incineration applications are not required ~-VHRS will consult with the State of Hawaii Department of Health regarding necessary permits and conditions of operation ~b'HRC estimates that rt will take approximately six months to acgwre all necessary permits for the installation and operation of its PWC system An environmental assessment will be done pursuant to Section 343-5(a)(1), Hawaii Revised Statutes This assessment will address the protect's impacts on soils, groundwater, surface water, and storm water drainage, flood potential, climate and air quality, visual aesthetics, noise, and traffic Transport of solid waste to the landfill at Puuanahulu, North Kona, will be accomplished in fully enclosed and approved transport containers, therefore, contamination risk is minimal under normal operating conditions The proposed protect will be sited adjacent to the Hilo landfill WHRS would construct a transfer station operation and related facilmes WHRS' operations would require use of a four to five acre parcel WHRS is currently aware of two parcels, either of which would be suitable for such purpose (1) a four to five acre p.3rcel on the rock quarry site (T~~1K ~0 2-1-13-142) next to the Hilo landfill, or, (,2) a 10-acre 13 Glover parcel (T~~1K No 2-1-13, por of 11) adtacent to the Hilo landfill County assistance in securing rent-free use of either parcel would be required The proposed protect uses are consistent with current use of the land in the protect site area The proposed use would not involve any irreversible or irretrievable commitments on resources The protect site would require approximately four to five acres of land b Community Acceptance The proposed protect would be sited adtacent to the Hilo landfill and would be located a~vav from heavily populated areas To the extent possible, operations would be conducted during normal business hours to avoid disruption of normal traffic flow patterns and traffic congestion The P\VC system will offer members of the community an opportunity to turn over their household hazardous waste for "safe and clean" disposal by a responsible operator The PbVC itself operates unobtrusively, relatively quietly and without noxious or offensive emissions As the technology is new to the State of Hawan, a certain level of anxiety is to be antiapated, however, ~,VHRS believes that skepticism will turn into public enthusiasm as the residents acgwre more knowledge and experience with the PINC Indeed, rt is the desire and intent of bb'HRS that the PbVC system be made available to the private citizen, whatever their income level, for disposal of his/her household hazardous waste The public is already accustomed to the practice of transporting solid waste from transfer stations to disposal at the landfill site The addition of longhaulmg of waste away from Hilo landfill and to the alternative site in Puuanahulu m North Kona is not expected to engender opposition In addition, bb'HRS will foster and promote increased efforts to im-olve communities m recycling and will support local recvclers m this effort ~NHRS' plans to provide recycling drop off box containers at the 13 existing transfer station sites, and at selected school sites, will offer the communmes a chance to recycle and earn money for the community c Life of Operation WHRS' proposal encompasses aten-year contract period The equipment to be utilized is portable with variable operational lire spans, all of which exceed the ten-year contractual period At closure, all portable equipment and rolling stock will remain the property of WHRS and will be removed The buildings will also remain bVHRS property and can be dismantled, footprints of concrete slabs can be demolished d Off-site Development WHRS will require electriaty from the existing grid Power lines must be run from the grid to provide three-phase power from existing HELCO lines to the IT protect site The protect will require water supply from existrng water sources in the area for washing and cleanliness of the facilities The water will be transported through plastic PVC piping into a storage tank, on site, with pumps bb'astewater treatment will be required ~VHRS will create a sump pit to catch ~vasteevater from plant operations, this wastewater will be haulted/transported to the nearest treatment plant for disposal The existing road system is sufficient for protected ~N"HRS operations Routine "maintenance" of the existing roads (r e ,filling potholes) will be undertaken by ~VHRS ~b'HRS estimates that the cost to develop water and electrical connections to the srte will be $300,000 00 5 Process And Operation a Technology The conventional system for collection and disposal ivia hauling to landfill srte) involves the receipt of fv1S~V' at the main transfer station The N15W' will be collected from the 13 eYistmg transfer stations which currently service East Hawan Solid waste also will 6e received directly from individual, commercial, government and industnal haulers at the main transfer station Green waste will be separated and recycled Recyclables such as newspaper, cardboard and ferrous metals will be culled from the MSW as long as such culling does not interfere with normal transfer operations, these products will be diverted and offered to local recyclers The balance of the ~~15~4~ will be pushed into the compaction machine and compacted, inserted into transfer trailers and hauled to the County landfill at Puuanahulu, North Kona ~NHRS' operations m East Hawan will he comparable to operations conducted on Oahu by Honolulu Disposal Services, Inc ~•VHRS will accept used cooking oil for recycling, recycling of the oil For bio-diesel production will be done at bVHRS' operations srte ~•nless and until I~VHRS is able to open and operate a C&D Landfill on the Glover parcel, construction and demolition waste will be longhauled and drsposed of at the Puuanahulu landfill in North Kona Household hazardous waste will be accepted at all 13 satellite transfer stations as well as at VdHRS' main transfer station Household hazardous waste will be drsposed of utilizing the PbV'C system idescnbed heremabove at Section II B 2) It is again important to emphasize that the PWC system for disposal is safe, clean, efficient and results m irreversible destruction of the waste b DeveloRment/Start-Up Plan ~NHRS will purchase and install a ten (101 ton per day PWC system Startech will deliver the unit and complete staff framing wrthm eight to 10 months WHRS I~ will purchase and deliver a transfer compactor and other equipment (i e ,rolling stock) to the site, acquisition and delivery is estimated to take 10 to 12 months Construction of WHRS' physical facilities is estimated to take two years The environmental assessment and permit acquisition phase is expected to take six months Potential obstacles to completion within this pro(ected timeline would be unexpected delay in the permitting process Based upon information currently available to bVHRS, existing suppl+es of water and electncrty, and available commun+cahon services, are suff+c+ent to meet WHRS' needs for start up as well as operations c Operation Plan WHRS' 10-ton per day Pl•VC system will require staffing consisting of an operator, a manager and t~vo helpers per shift The WHRS facility will be open to the public seven days a week, 7 30 a m to 4 30 p m ,and closed on holidays Notwithstanding closure to the public on holidays, the facility will be open to service the County on holidays which are working days for County refuse employees The position of a PbVC operator is comparable to that of a commeraal building supenntendant The position of a manager is comparable to that of a commercial building manager The PWC helpers are similar to maintenance workers WHRS' transfer station will be manned by three operators and four helpers Ten (10) dnvers will be required to manage/operate rolling stock and for bVHRS' recycling operations Routine maintenance of the P\VC, the physical faalities and the rolling stock will not disturb the provision of waste disposal services In the event of natural disaster, bV'HRS has the ability to topload its transfer trailers, therefore, long hauling of waste to the Puuanahulu landfill s+te could continue d ~-Pr ,4s described hereinabove in Section II B 2 ,the PWC system ~vi11 result in usable and/or marketable bv-products including silicates, metal and energy Used cooking oil will be recycled to provide bio-diesel fuel to power WHRS' vehicles and rolling stock WHRS will also have the capability of recycling grease trap waste to produce low grade furnace fuel All elements of the waste stream will be diverted from the Hilo landfill Those matenals which are not recycled will be disposed of at an alternative landfill site bVHRS' proposed method(s) of disposal will not result in any non-marketable 16 by-product 6 Waste Quantity bNHRS will be able to receive a maximum of 200+ tons of solid waste per day, 100°'0 of this waste will be diverted from the Hilo landfill bNithin the stated daily limitation of 200_ tons, WHRS will accept all solid waste being delivered by commercrel haulers The County must guarantee payment based upon a minimum of 170 tons of solid waste per day, 365 days per year 7 Pnce For the entire term of the contract, \NHRS will require the County to guarantee 170 tons of solid waste per day, 36~ days per year For the entire term of the contract and m the event that less than 170 tons of solid waste is received by WHRS on any day, the County nonetheless shall pay WHRS for the processing of 1 70 tons of solid waste For years one through five of the contract, the County shall pay bVHRS at the unit rate of $98 00 per ton of solid waste entering its transfer station For years six through ten of the contract, the County shall pay \NHRS at the unit rate of $105 00 per ton of solid waste entering its transfer station WHRS will provide the County evith certified weight tags to be used by the County m billing other haulers, the County is solely responsible for collection of tipping tees rrom such haulers The County is solely responsible for payment of all tipping fees to the operator of the Puuanahulu, North Kona landfill for solid waste hauled by bNHRS \NHRS shall be paid m advance for services to be rendered dunng each calendar month On or before the 17th calendar day of each month, l•NHRS shall bill the County for services to be rendered dunng the next calendar month (hereinafter "Service ,Month"); each such billling shall be calculated using the guaranteed daily minimum tonnage of solid waste provided in the contract WHRS shall receive payment from the County on or before the first day of each Service Month In the event that NHRS receives more than the guaranteed minimum tonnage of solid waste dunng any Service ~'vlonth (heremafter "Excess Tonnage"), WHRS shall prepare and provide to the County a supplemental invoice, evidencing the total solid waste tonnage and Excess Tonnage received during the Service fvlonth and the balance due to NHRS for [he Excess Tonnage Payment to \•NHRS shall be due upon receipt of each supplemental invoice As set forth m Section II B 1 a , heremabove, rf WHRS is able [o operate a C&D Landfill on the Glover parcel, it will offer the County a "rebate" of $9 00 per ton for every ton of waste that is diverted from the Puuanahulu landfill and disposed of instead at the C&D Landfill I' lNHRS' proposed protect will require it to incur high startup costs for infrastructure needs and capital expenditures Thus, County assistance is requested WHRS proposes County financing of $12 2 million at preferred rates, to be amortized and repaid over a term of ten (10) years In addition to assistance in financing, County assistance is requested to secure WHRS' rent-free use of a four to five acre parcel near the Hilo landfill for siting of rts operations As earlier described, WHRS is aware of two parcels which are acceptable for such purpose (1) a four to five acre parcel on the rock quarry adlacent to the Hilo landfill (TMK No 2-1-13-142), or (2) a 10-acre Glover parcel (TMK No 2-1-13, por of 11) adlacent to the Hilo landfill 18 3-]c-OC 2 52ou :per Sa4~mo!o 909 3225]] ~ _ _ STATE OF HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS In the Matter of the Organization ) of ) West Hawaii Recovery Systems, LLC ) ARTICLES OF ORGANIZATION EXHIBIT 3-3C-]0 - '_1~'A Cr it iaa *o o0 9v3 g22g~]] ~ ] a S TATS OF F.A'AAII DaPARTP'CNT CF COMMERCE AND CONSUMER AFFAIRS Business Registration Division ARTICLES OF ORGAPIIZAT.ON (Section 428-203, Hawaii Revised Statutes) The undersigned, for the purpose of forning a limited liability company under the maws of the State of Hawaii, do hereby make and execute these Articles of Organ_zaticn. The name of the Company shall be West Hawaii Recovery Systems, LLC Ii The street address of the init'_al designated office of tae Company shall be :169 Mikole Street, Honolulu, Hawai'_ 96819. III 'Ihe Compary~s initial agent fo. service of process is Civde Kaaesh;ro, whose address is 1169 Mikole Street, Honolulu, Hawaii 96819. IV The names and residence addresses of each organizer is. Name Address Clyde Kaneshlro 9i9 Kealaolu Place Honolulu, Hawaii 96816 V The period of duration is for a specified tern to expire on December 31, 1,000,000 A D. 9i99f iag~ 9-JJ-JJ 2 52~~+ ='er 3eK~moc~ 3J3 322S+JJ ~ a. VI The Company is manager-managed. The names and residence addresses of the initial managers are listed below• (Number of 1n_tial managers. i) Name Address Clyde Kaneshiro 919 {ealaolu Place Honolulu, Hawaii 96816 VII The members of the Company shall not be liable for the debts, obligations and liabilities of the Company. certify, under the penalties set forth in the Hawaii Uniform Limited Liability Company Act, that I have read the above statements and that the same are true and ccrrect. Signed this 31" day of August, 2000. CLYDE T? RA,YESHIRO "Organizer" )~1ff Pege AUG-I'i-00 i~iU 04:38 FM C4ERYL FAX N0. fi41.i9y6 Y. ut ~ HONOLULU DISPOSAL SERVICE, INC. PO BOX 30968 HONOLULU, HAWAII 9682a (BC8) 845-768t FAX (BOB) &IlJ9% S ~ ^ ? ~1 Date August 1', 2000 ~ J I J ChteI Engineer .b Department of Public Worys, County of Hawau - = ~ 2~ Aupurtr Street, Room 202 - w Hilo, HI 96720 Reference: Letter of intent for furnishing of services to accept, divert acrd dispose of Municipal solid waste, County of Iiawaii Dear Mr Yanab~ Honolulu Disposal Service, Inc or one of its new affiliates (LLC Corporation) rs interested and capable of providing the required services in yoiir proposal We will be ,ubmitting out proposal to your office on September 5, 2000 Please accent 'his as our letter of intent S e ly, •de Kaneshiro Piesid t EXHIBIT SEA-0:-200 F?I C8'C4 AM ~'r;6 EKE~llT[VE OFFi~c~ FAX N0. 8085337844 P. O1 r•sf I'awa~n i ~^Y Deeal~ 4 Nernd P 0 Pov 3'i0] VYe ChYnfr o »orc Ju Tara ~ 36E4J Ac~aa 9arwr~ Gt.c August 31, 2000 Mr Robert K Yanabu Chief Engineer Department of Public Works County of Hawaii 25 Aupuni Street, Room 202 Hilo, HI 96720 Dear Mr Yanabu Mr Clyde Kaneshiro requested that we write you regarding our opinion of the financial capability of his company, Honolulu Disposal Service, Inc and its affiliate (West Hawaii Recovery Systems, LLC.) We are familiar with his proposal to famish services to the County of HawaN Please be advised that First Hawaiian Bank has a high regard for Mr Kaneshiro's business management expertise and are confident he has the financial capaGty to successfu{fy execute the pro~eet as proposed If we may answer any other questions, please do not hesitate to give me a call at (808) 525-6160 Sincerely, Donald G Horner DGH eum c Clyde Kaneshiro EXHIBIT /'~;`,r;; MODEL ATILT Lighfweighi A/ummum Live Floor Refuse Trailer I ] ~e I ~ x~=iY4~r~}'~~. 3~! r ~ ii . ! 1 ¦ ..ttafi..t~~xm0~ l~_ _ _ / ~ i Y - I . _ - - ii-~~ - ~i~_ _ - FLAT9ED NCCOCHIP °RP DRS %REIGHT 1=~C iNC a.x i29d :9155 GEIGEo OCr~ ALUMINUM REEFER ALUMINUM DRY FREIGHT ~~c<-; a vn=_~~NCrcN 33zi3 z:. STEEL AND ALUMINUM SCUD HASTE 4EFUSc' TRAILc'RS ==3' =ssaesa EXH181T MODEL ATALT Lightweight Aluminum Live Floor Refuse Trailer GENEAAL SPEClFICA710NS: OPTIONS. Matlel ATALT 6B OOGt disfributetl load Length 28' •0 55' Witlih 36' Wftl[h 1C2' Height 1T 6' bases cn 50' 5th wnaei Wheeb Steel DISC or aluminum Frams Conatructlon Culs~tle frame heat-treatetl A%le Opllons Canvduse tlrums, disk brakes ourooard aluminum upper antl lower •aAS mount drums, sleet or aluminum hubs aluminum sneers, aluminum Tires sadist and Bias ply most popular sizes and aerodynamic net SeGadn post brantls Cross Sllls Aluminum neat-rreatec s~lfs on ' 6' carters Aeer Doon Top hinges or sitle opening Upper coupler and sub-home end are steel E%pantlstl Mstel Vents Suspension Hutcnens H-9700 cast rlange mourt wuh pool Covsrs three 'eat springs A%Ie. 5' Rourtl ?2 GOGa Inooartl cast arum Air Rltla Suapsnaron Lantling Geer Two speed wnh card sn0e5 Self Stesring A%Is Inleriar Palnt Valves Sealco LCV system Front Cat Walk Spnng Brake MGM Floor Hydrauuc sail-unloading Front Noaa Cona Rear Door Two pare) •ull open Wedge Typa Construction Tapered Canstructlon Gear Bumper D C' regal neavy cury Marker Lights 510 ruck-~ite mounted on s¢rvice oa% Tad L:ghts Allov wo ght module eacn side Mth •ruck- ' •e 5AG0429 seal beam I~grts Alloy "•atle•s has complete parts and sarvrce `autl Flaps. Soiasn-spray •uboer deba'Lnanrs •o meet most of your needs Parts atltler =root wau only ce'rveretl n vocal Spo%ana vrcmrry Pans shipped cu; o! •ewr on da y at ortler rl called m by noon ALLOY DISTRIBUTOR: ~J/~J// FLATBED, WOODCHIP, FRP DRY FRE/GHT, TRAILERS, INC. PO BO% t92pB pplS S. GEIGER BLVD ALUMINUM REEFER, ALUMINUM DRY FREIGHT, SPoIfANE WASNINGTDN 99219-]tH STEEL AND ALUMINUM SOLID WASTE REFUSE TRAILERS cELEPBONE •Spel AS5-B6'+p A% '5091 ]A]~at 1 r --~,t._.T - _ y r - I A-J s a`c yr / 1 a T-_ - T~ Sale srm _ _ , _ _ _ _ _ _ _ - _ ';-el _earu' r~ Sam war9nr _ ' _ -.r _._,...2w'oo;^' _ _ _ _ _ _ _ _ - _ - c•av _ ;mer Parts ^~^s Jve2n'engrh" - _ - _ _ - - _ _ _ _ _ _ ' _ _ _ -:ao Cars _ 2r ~.~f r SSI CempachonSystems ~ _ • ~se~ • ]s's^•=x~=a , - n.V - enema.: _"'r ~.:5~- ..:2 _ _ _ _.G EXHIBIT i 1 1 rn y r-~ ~ ~reater ~ - payloads ~ • _ ~ every trip \ ~ • , y ¦ Pre-lonned payloads al2q.a JO tans • Compaction farces /mm 7pp rp Jbb'pns ~ - _ ¦ :NSW cpmpactlpn bensrry to 1170 ppunns 3er cubre yard 7lrrougnpul rates /tom 25 fo 'JO loos per •our ~ O ~ \I -:n.ltr ~ol'd 'Lawt 'nc'r c L;an' ~ _ •rvr;t ]7i rre oad ~o:n: 'on ;m n'~'cvP 1thLC"-e 'n.ivmcn 9d' JJd 'dL l NJ JdL •pl 4L :9-~" b 'ef'^lti1 '911 .CIC ',L _ .nl_I^:'- -at .~•mpre"mn .haroe• rt~a."' 1" -`t h_nter Lren: ac_cr't yuo~r" ^•rt ra u:• ~aL ow -iv .:i V': I i. • - ¦ Desrgnetl lpr ease of poeraflon - 3ereC .:poor pPEPC'~„' ,•e'S Y^.^^.^ "2_,.Ces ¦ [ aC-_...C L'P'q^ b'r"5•^m ~^3~.+p ~ _ - 'CU9PYe_°°9'.°q _ .e~q"ee .;z-,~ s' ^ax ^_~_T ¦ User-Inendly [antral panel I2^5~"- - ~ Cai2 'engr^ _ _ - +L':C^3'e: rC~C'ESnuL':'y vC^ T'OP' 'SScI CSO~d'!5 C/ba/E ¦ fngrneeretl !ar rellabrlrry _ ~ "]PS :43i re'y^^^. - _ J'mWP ^]qy^ep ::25'gr Y';" ~.^~'e -'eC2 ..:"Cn i^0 ?IECfIM Jd PYin 2"y"' -.C°'Ce'6i •dr^ e421 ]'C SP^-.CS'L'~rq-°d^ee'CCL'Pr 'C ¦ °2c;'oM1 s>e~ ar;; ~a'2~- _os.,:c^s ¦ Dependable tlenvty dri+ve Jpff^L~'^3^C '2,d` /2:q'• J~iC2<;dge^"_^'3LrCC ~'^C2rs"^u.e.+^Sd"_'ePS~ir .'S.^CC^C' _CmC3CPC; '"ar t~C5 J29zr Jd°'CaC ve'v CS'%YPp^Cr '•2n5pplf ]a'e5 i' ¦ °•2e pfa^C':^q CJmCdC'OC ~03C5 a'° - ¦ faClp Ol2ef SpePe/I e4' esz y,m••'s•2 .ve:gnr ,au:.~, ry _ nS °a •zcrmca• suex'^ -3c;o^. _ _ -'cce~: .:neee ~c >~stem ~2sue"q -=oeasee per :;a ~~_s ~ _ er• ,.-e 'r,,,=~es,~.c':^q , ~ser,':c^s 355~sraece f_ ¦ Pravencrecpr0 pl success df '2nsfer slaf~pns SSI Compactlon Systems " A Omnon of SSl Shredtlmq Systems ;nc t'~d~:, - ~_cu:cL~n cnolo~ Fyn jfy c.2zma^ ~^:z .Y•:sor. v,;~ a ?;C: EIEES.+ _ ~::3 ^:d~ _533 =3x .]3 ^3C _ 'M1nY SS:NCr'n • C .:sA u. I r;'3 I F ~ e C ~csN~~9~E =n~t~~~• •i I ,W~ ~i'~y, ~ 'E 7 4h . ~~e~~~~lttz II fI a - _ W ~ ~hl~Q 'f ~p Li ~p E _ o o ' ,FO r, ~F ~E ~E'~E~ 1F1 ~ ~~~I~V~~~^ ~~.:c 'a :ESE g~ ! ~ ~ ~ ~YFUU t el I ~ ~I aFUa - - = I ~E _ ' F I 1 ~ m~ v ..~1__~. I ~ W W E IAd 3Y ~y ~ I i I~,_.--i:l l _ - - Y mks ~nE _ i~_ _3+ - ~ o% _ + i -i ~ I I _ _ _ 1 ° ~ s - i E~~ i ~r_ n 1 - - I Em Z E~ + .n - ~Eo a ~ - i; Y I I I I - ' _y a I ~ ~ ~'rc ~ +T - _ - ~E I I~tiG- ._~il II - ~ ouiz, z:~ ~ i s5ii I r- - r i I tFT i~r I ~ I i~3i I _ ' ~ ~ " I ; I 1 - li'~I_Illl_i _ ~nE lil E rn`r~i°ni l _ I EFE Ii II .I. II ~EI ~ i mm~n I 1 E _ I ,E6 Irl j _~II I I_~I _ I _ _ r I`l L~ V~ I ~ I° it I'll I ~ ~ ~I ll ~ 4 I ' _ _ ~I i ~ ~ ) ~kC_ c'd - ~~i _ - 2~. i T\ I ~`I vo~'z I u I I ~p{~ ~ T - - - - - ef~~~~o4-r }~e,i Iji. ~ F ~ ~ r ~a E ~„Iwo I KI v i E_ _ _ --1 ,8_ w rc ~ Sq~gp 111 { Z o i I I E i- ~ o o ~ Q i~ s. 3 f y E9 r u n ~m I' I ,,'no N5o 4 4 1~., I } -l I t T' \ ~I' - r ~ ~ V . ~ I Ems- _=i_~ I I. I I l o = ~ E 1!a ~ V I lei __-i n~ ~ _ _ - rc~; ,,.E~ I t_- _ - TOO - ' _ - W~~ e In x_ °E~ I 1I I I nE4 : s 11 II °`U ~ ~ r - =rte _ 14r_ I ~ - - I x u 11 I 1 _ u~e . r ~ _ ~ I ~i I II i _ 1 I - i ~~~~i _ a?~ I f 1 i~ ~ I ~F ~ II I I I II 1 . II I I II I ~1 _ _ S '1 III 11 1 _ i _ I-J y_11_ ~ - ~E \i` E 11t.1 tops ~ 1-_ ..E E:E I II ~ 1. I E I rmn I .E IIIIF'i f I~ I I.I Ic\ _ - ~ _ a I_1 ` , ~ I~ i, d f II - - rl ~ f ~ a~.r T~~ 1 5 4 S L t ry I ~ . - y w E D'1 f ~ I I E~ 'i' ~ ~ i i ; , , E I - ~=k=- ~==~==I== ' . i _ I 'I ;I ~~L _ _ _ I I I ' ~IIIIIII 1 ~ y,=- 9p~A!. ` I I -II'~p\ I n~ of 1, (Iil ! ~ Ea 'li. ~oll III ~ `~"R %I LL-'. I, I . k ,i ji I ; , I „ I ~ ~ I I - - - - I I ' ~ I ~ tl~gY $Ofl I- - ~ 9- - =f ~ 'E - _ IJ Ex L~ i i ~^o :u ~ Io i - 1 ~I - ryW w \ ~ ?I I I'-t _ I 6 E ll~l I I - I ylo0 ~I I ~ _ - _ _ _I I 1 E1I E _ i I til-1 III -EL -I E 1 m:_ ^~i i -`V I _ _ _ EXWi81'f Ir1 hl l;. CL'R" ~ ` .t; - r - . yn' , r Y - 1/ Y ~i Y J y - - ~ SSI Mode12500-5 Installanon site San 3errerd;re 5.. t: ',F r... ~~"d~lr~.:aMWY. ~y'~ ~.jR+~• -~Ay+~'1~,~"~;/¢t w ~ ,t.t SSl Campaetion Systems. A divismn a/ SSl Shredding Systems, Inc. Excellence m ;tze reduction technoiuc~ 9760 SW Freeman Onve W~ISanvrlle OR 97070-9286 ~hdne 503-682-3633 =ax 503-6B2 '704 ' 81T www ssrworld cdm l,l I 1, ~~I ~ i; ~,t~ -.:.r.~a ~ +ixr ~d 1 ~a Ay "r ~ r~ r 1 . _ 7siF~ 'T,~T ~ p~ ii t . ~ fSl~fode14500-SPR sde• Sac2mento, CA w 4 ~ ~n t ~ ~ ~ ~ ~ r1~ SSI Congraet/on Systems, A div?sion o/ SSI Shredding Systems, Inc. Excellence m size reduction technolo~~ 9760 SW freeman Dnve Wtlsonvtlle. OR 97070-9286 Phone 503-682-3633 Fax 503-082 1704 vww ssiwodd com „ y l ~ l 1 ~ ; i., I' 'ra;ler;nrerlace w;ih SSI ~ ccmpactor Discharge ~ threat extends 610 mm _ ~ntc trailer Top remains ' _ ~_z.~ ~ppeC 1 1 i ' ~ r ~ ; - 1 imp 1 SS/ r ~7ounr ~ .5 ~ ' ,'S.7'ka~ ` .-1.-•...~.... _ .s - t ! _ .rte' } ~ - • - _ per Ccmcac:ed'cadmc•r^g - f,t : ~n:tl teo-:aver=tl alum•;num _ , ra Lailer - ~4M ~3f!.`V i N - i J • ~ 11' ~ l Y~kT* 1 11 ~•~1, ~ f i Q a' r SSi Compaction Systems, A division o/ SSi Shredding Systems, Inc. Excellence m Srze reduction technolo~~ 9760 SW Freeman Dnve ~ Wdsonvdle OR 97070-9286 Phone 503-682-3633 Fax 503-682 1704 www ssiworld com " ~ I ~ I I ' ~ r - • cam/ ~ i¦ _ Cperardr s cdnfrel console supportpedestal antl eiectrcnicscalecanister r ' Bottom nghf Looking down nem aodve into Brauer as compacted loan s elected nro trader ButtomleR Lookmgdovm`rcma0oveuponasec;~cnofthecompac:ed 'cad n 'he trailer :Vote the goo ^ehveen'he compacted waste and the ~ railer side wail f ~ 1;.. ' 1 4 r 1 _ ~ 3 ~ i V SSI Compaction Systems, A division o/ SSI Shredding Systems, Inc. Excellence m size reduction technulo_~ 9760 SW Freeman Dnve Wtlsonville OR 97070-9286 ?.hone 503-682-3633 Fax 503-682 '704 rrro ssavorld coin a~ ~ a o a~ ~ ~ ~ 3 ~``~a -v ~ o ~ a~ A `r' ~'r~ U ~ ~ _O > .II O _ G~ ~ -v ~ \s , 1 o ~ ~ o ~ `x ~ ~ ~.f: EX1~181T What/How/Where to Recyc I e ~ De~oszt the following materials at Community Recycl tng Centers. Tor use by households, schools and businesses altlre! I I Aluminum I lance Cans C:usb Please rod the ~ Depoat loose mI~ID~D CONTAINERS section NO plastic bags de s and don is Glass Bottles carefully. Yoar ~ Jars ~ ~ Remove ids reeyelables earn OS ~neaay for the _ _ I Deposit loose an tilI]{ED CONTAINERS section PattieiPating - ; YO plastic bags schools. But the Plastic Beverage Rase wr.n'stoff is the Bottles Remove hds reeye(inq bia can (soda, milk, Cr'~b aria the seheols f U ICe ~ Deposit :oose in 1~1LYED CONTAINERS secizoa to lose money. ~i0 plastic bags Coi( tha City's Newspaper Remove magazines and inserts Reeyelia~ Office ~~~I~f~l Deposit loose in PAPER section ?IO ~lastie bags White Office Paper W'ute bond paper only ~i0 colored paper, envelopes, jimkmail, tape, stack-on labels, r~oberbands, magazines, newspaper 11LTST be separately sealed in bag or bos i ~ ~ ~ i ^ Deposit °ull bag/boz in PAPER section Colored Office Paper ` celared bond papa only VO envelopes, lank mail, tape, stick-oa labels, rubbetbands, magazines, newapapes• yI[IS': be separately sealed 3n bag or boz ~ PAPEA ~ Deposat lull baglboz an PAPER section Corrugated Cardboard i coo-rugat.~d ~araboara only ~ NO cereal boxes, detergent bmtea, Cesue boxes, etc. ~ MUST 9attea bores ~ Deposit m PAPER secAon Telephone Books ~ Do :got bundle; NO plastc hags _ ~ Deposit loose in PAPER Section EXHIBIT ,t,~Y,' 4 w''•' _ ff -y __I_ ~ ~ M f! _ 1 ~ r it/ i ~ -~L - _ ~ <<- ~ - { i f.~; ~ / , / ~ ~ ~ ~ ` ~ f s, i i I ' t ~ . ~ M . , • , t...J. / J 3 1 I i Q' ~ ~ ~ i ^ ` ~ _ - a ' ~ ~ t i r t-~y W ~q to v1 =a Q ~ [L Q ZUO 3FW-Q ~ awLL WQ Q~-p QW gWg °w Q= a~LL i ~ a H o S ~ C~~wQ w F-~ W>LL aao° ~ Nw ~Oa ° j F U w y ~ Y C Q O W g W g 0 a ~ a = W J ~ N N 0 ~ ~ ~ Q W gao w zo I pV~ J OQ m i a U~ W ~ ~ m Y Y O U a j Z y Q W D m Z ~ Q: 2 ~ U H a~ go! '-w g °a 2° a a w ' J d ~ = W Z U Z Z Q' H ~ _ ~ a= aw~~ O° U ~ ~~u~ go ga>3 $a a~- a3za w ~ ~<~„~k~aW~~ J ~E xY~ z O t 0 W aF~~(z(~oz~~~ p~2 ¢(¢F5pW~HYW WgFa CZ ~~Wn (n ~ F~UCp W ~ oZZ ~~OZ~~U ~ J IWLO yUU OOZV~O~yW Q W Z ~ V1 W 2F~<~WWC< i ll ~ ~ ~~p¢W O`¢y p~~ ZC YI ~ W ~ O F Z 7~a(~~LL 22 ~0 °v, u~a CO ~ ~~o Z J y Q: ? O U W LLJ~=~~F a ~ F 2 '6' <k g Jo ~ ~r ~ ~Z ~xodFG~<~-~~z c N QW ~ Q~ WCO~~'20 W~w W F J U~~~ W ~KNYI~~y~j~ ~nw ~-I ~d~°z~z (p,1 xc i 2 Zv~iO~~W000~0U 0 g Q o Q o ~ o vW > ~ _ W ~ W~ ~ Z J U N 0~ y WO doff NU ~Q J~ O J~ n. J_ © WQ ~2 UQ U~ y W J x ~ wZ wa wa ww ww ~ W ~ W 2 ~ ~ ~ J ~ ~ LL C9 u. 2 V 11 !i 11 W Qy OO avC~ Qy ~~y WW N~c~ ~ W a 'c . a ~ ~ o o yy ~ ~ a O vi ~ y o z ~ ~ ~ o ~ a~i o ~ o2S o ~ ~ > fn N = ~ H H /\z ~ ~2Z_1 a~ z W3 w oat ~ LL Q ~ ~ Z U Q y ~ r2 Q w ~ ? U O ~ = w w ~ Qy p ~ Z z Z g~ ~ r 7 ~ Q d W a U~ w~a QO c~nN cn U N U w W W ~ gOg ~ t~/1 ~ F Z LL U O ~ ~ 4 W N W ~ O N I~: _ J ~ M' = m m w 1.'~ m ~ ~ 0 U U ~ ¦ ~ ~ x W ~ ~ F i ~ m m Q Y U z LL ~ W p 111 ~ ~ U o U H z w u~ ~ ~ C ~ Z C^ ~ ~ m W Y = fp_'~ QLL N W Q U gZ" a~ U u _ C~ ~~~W~~~~F¢ _ _ ~ O ~ S ~ ~ ~ ~ ~ Cj D u V ~.~OIL~~NW~SO a °o g~~€bu~~u~i nS a~~~~kU<o~~ ~ ~ €o~W~~a=ca< ~g~~"~o=°~~ Q u~~F ~~~~~~~0 ~S ~cSj ~ ~ yk~Ztl1 `OOZYdY LL Q =yy"~~VN~O4C~~q=~ WURWJoS~~Vl2K ~~~~<~~=8~~ Pleeme Weete - ConvMe! F s c ~ ~ Metal ;gym Commodttles ^-'t - Clearly not a - ' waste, but a OUt `-%fr- ~..;s ~•T.ik"< - metenal Me ~ - Cen ~ ~ e. Ds . _ °at.; ~ e . Dlaeram IX - ~larenal or ~'asre 1 I ~ ~ ~ • ~ • e • e • ~ • •e- • - • • -e. -e • • -e. • - ~ • • -e • • e • • •e' e • • e• e- ~ e • e • • - e~ ~ • ~ • • e • •-e e e' • • • e - 't - IZ( It ~ K~t.~ ~Itn~ BXi~iiB1T NINETEEN BENEFITS & ADVANTAGES THAT SET PLASMA WASTE CONVERSION ("PWC") APART FROM OTHER TECHNOLOGIES 1 The price of the system and its operating costs are significantly less expensive than many of the present costs being experienced by the industry for processing of hazardous solid waste 2 Hazardous and nonhazardous wastes (orgranic and inorganic) solids, liquids, sludges, and gases can be safely processed without producing harmful, illegal or noxious emissions, effluents or residues The various forms of the wastes can even be processed at the same time 3 The volumetric waste reduction for most solid wastes is approximately 300 to 1 4 The system's environmental performance is far safer than U S and Canadian Environmental Standards and Regulations 5 The system can perform on-site remediation of toxic "hot spots" (contaminated properties) and landfills, and return those properties to the market for sale in a safe and habitable condition Landfills contain resources that can be safely processed and recovered (mined) as commodity products by the PWC 6 The system wil improve the public health and safety, and will not produce the harm that arses from manerators and landfills 7 The system produces commodity products for sale or use, such as silicates (e g , aggregate for construction applications), clean synthetic gas (Plasma Converted Gas) and metals 8 The system reduces the cost and risk (related to the processing of hazardous materials and compounds) to the municipality from the "perpetual liability" that accompanies hazardous waste generation, treatment, transportation and disposal 9 The system reduces the personal risk of fines and imprisonment (related to the processing of hazardous materials and compounds) to such persons as managers and officials "u`~ho knew or should have known" about a waste disposal transgression wrthm their purview 10 The system can be produced in various configurations that will allow rt to be used aboard ship for marine applications, on a truck for mobile applicatOns, and m stationary configurations ranging in capaaty measured from pounds per hour to many tons per day l EXh~~~IT' 1 1 The svstem can be operated intermittently a ie~v hours a day as needed, or around the clock, without many of the difficulties and costs arising in other processes when operated in such manner 12 The system is a net producer of energy when processing many waste streams When processing hazardous and nonhzardous wates of the fvtunicipal Solid Waste type, the system will produce about four units of energy for each unit of electrical energy consumed. When processing highly carbonaceous wastes such as tires (rubber), the system will produce about 10 units of energy for each unit of electrical energy it consumes 13 Unlike other processes, no catalysts and their associated costs are required by the system 14. The system can achieve "total and irreversible" destruction of hazardous, toxic, and dangerous compounds and wastes, lethal viruses, bacteria and prions 15 RCR,A (Resource Conservation Recovery Act) recycling exemption may be available where the principal resultant products produced are used in an industrial process or to make a product 16. The PWC system will allow the user to conform Co Zero Discharge Award Program criteria, serving to enhance the good em~iroonmental community relations of the user 17 The system in "inherently safe" Unlike an incinerator or other waste disposal processes, the PWC process stops as soon as the electricity to the PbNC is turned off 18 No waste preconditioning is normally required 19 The svstem is extremely robust 2