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HomeMy WebLinkAboutCOM 0527.002 1996-1998 _ . (Ramseyer Format) ADDENDUM NO. I TO LANDFILL CONSTRUCTION OPERATION AND CLOSURE AGREEMENT BETWEEN THE COUNTY OF HAWAII AND WASTE MANAGEMENT OF HAWAII INC. aecEiveo DATED APRIL 21. 1993 flme------------------~- BYr-....------__.. Pate. `..y'----~---- County Council THIS FIRST ADDENDUM is made and entered into as of this day of , t997, by and between the COUNTY OF HAWAII (hereinafter "County") and WASTE MANAGEMENT OF HAWAII, INC. (hereinafter "Contractor"); WITNESSETH: WHEREAS, the original agreement between the County and Contractor was entered into on April 21, 1993, and called for the landfill construction, operation and closure of the Puuanahulu Landfill; and WHEREAS, the Hawaii Supreme Court's decision in Konno v. County of Hawaii, 85 Hawaii 61, 937 P.2D 397 (1997), found that the Contractor's operation of the Puuanahulu Landfill violated civil service laws by privatizing functions that were "customarily and historically" done by civil service employees; and WHEREAS, Third Circuit Court Judge Riki May Amano has ruled that cell preparation, closure and post-closure maintenance are areas of work that can still be contracted to Contractor; and WHEREAS, the parties have agreed to the amendment of the original contract as se[ forth below; and WHEREAS, it is expressly agreed by the parties that this addendum and the 1 Oo~c~ ll~ 5-~~ r~~ x..p ~ c t= Rel. Yof retetltecl C-0~,v~,~ Ref. Data ~ I5 ffi'Jf~ amended Exhibit B is supplemental to the contract of April 21, 1993, which is by reference made a part hereof, and all the terms, conditions and provisions of that contract, unless specifically modified by this addendum, are still applicable and made a part of this agreement; and WHEREAS, in the event of any conflict, inconsistency or incongruity between the provisions of this amendment and any of the provisions of the contract of April 21, 1993, the provisions of this amendment shall govern and control; NOW, THEREFORE, in consideration of [he promises and of the mutual covenants and agreements contained herein, the following sections are amended as follows: 2.4 Contractor's Responsibilities (a) The Contractor shall perform all [operations] of the activities and services necessary for cell preparation, closure, and environmental monitoring at the Facility as required by and described in the operating plan filed with and approved by the Department including, but not limited to [placement and compaction of solid wastes;] excavation, transport [and placement] of on-site borrow material as initial and intermediate cover; leachate collection, recirculation, temporary storage and if necessary, conveyance to a point of off-site disposal designated by County; on-site erosion control measures and stormwater management facilities; on-site utilities; required maintenance of 2 equipment and facilities; and incidental [operations and] maintenance. Contractor shall not be responsible for installation or operation of the scales, but shall maintain the scales. Contractor shall not be responsible for the placement or compaction of solid wastes Contractor shall deliver [o the workine face suitable cover material which will be placed and compacted by County employs (b) The Contractor shall provide all superintendence; labor [including operators, spotters, maintenance mechanics and incidental labor (but excluding scale operators)]; and materials, equipment, tools, supplies and utilities required for [initial construction, operation, ongoing construction,] cell preparation closure and post-closure maintenance of the Facility. The Contractor shall at all times have staffing and equipment [adequate to operate] necessary to support County operations of the Facility at waste loading up to 400 tons per day. Upon reasonable notice by County, the Contractor shall provide staffing and equipment [to operate] adequate to support County operations of the facility at increased waste loading rates. When Contractor's employees and equipment are utilized, the Count will pay to Contractor hourly pay rates equivalent to rates incorporated in the County's latest price term agreement for similar equipment Similar may not necessarily mean eauivalent Countv shall Curnish Contractor its existing price term agreement In the event of incidents or emergencies ~~t the workino face the Contractor will direct the remedial activities as described in Section 4 0 Fmer<~enev Operating 3 Procedures of the Operations Manual to resolve the situation If necessary the Contractor will auement the County's work force with its own work force includin its own equipment, to ensure a satisfactory resolution to the incident or emergency The Contractor will be paid for the use of its work force and equ~ment at a mutually agreeable price. The Contractor shall he required to submit detailed cost pricine data to justify all charees. (c) The Contractor shall employ the services of an independent Hawaii certified laboratory to sample and analyze groundwater from the monitoring wells. Numbers and locations of the wells shall be in accordance with construction drawings documenting the construction permit application and as shown in the operating plan and the groundwater monitoring plan as approved by the Department. Number and frequency of samples, sampling and analytical procedures, parameters analyzed and test reporting requirements shall comply fully with applicable provision of the approved operating and groundwater monitoring plans. The Contractor shall promptly furnish to County a copy of each laboratory monitoring report. The County is authorized to obtain the result of any test directly from the laboratory. (d) Contractor shall excavate rock from the Facility only as necessary for cell development and Site operations. Contractor is entitled to crush, stockpile and use as much excavated rock as is necessary for all construction [operation], supplving_daily and intermediate cover material closure and post-closure requirements on the Site. 4 Contractor may apply to any agency with jurisdiction for approval to sell excess rock excavated From the Site in order to defray Contractor's expenses. Contractor or controlled subsidiaries shall not conduct retail sales to the public of excess rock. (e) Contractor shall be paid on the basis of tonnage received at the Facility and is fully authorized to engage in materials recovery activities to lessen the volume of solid waste which is landfilled. Contractor shall maintain records of the amount of solid waste diverted from landfilling by its materials recovery efforts and shall periodically report such information to County. Nothing herein shall require Contractor to engage in materials recovery. In the event Contractor intends to do any mining of the Facility to recover landfilled solid waste, it shall first negotiate an agreement with County for an equitable sharing of revenues from the mining operation. ~ The Contractor shall train County emplovees in the receipt and compaction of solid waste and the spreadine of initial and intermediate cover so that County emplovees can perform such functions in compliance with the Operating Plan and achieve compaction rate standards currently beine achieved by Contractor In performing such trainine Contractor shall not be responsible for disciplining nor directl~upervising County's emplovees, but shall have the authority to advise the County's supervisors if any discrepancies arc observed that may have an adverse environmental financial or other impact on the Site. 5 3.3 Waste [Supply] Intake. County shall with its own forces and equipment or under separate contract, arrange for receipt of solid waste at the Facility and charge its customers. [County shall control the flow of solid waste to the Facility. The Contractor shall not accept any solid waste at the Facility unless directed or authorized to do so by the County.] County shall provide all superintendence labor and equipment necessary to perform all functions and services necessary for waste intake including but not limited to the direction of solid waste into the Facility the detection of special and hazardous waste the spreadine and compaction of solid waste and the spreading of initial and intermediate cover material or other matters which are not the res onsibilit of Contractor as set forth herein. 4.0 UNACCEPTABLE AND SPECIAL WASTE PROCEDURES 4.1 Right to Refuse Unacceptable Waste. The Contractor shall not be required to accept any waste at the Facility that the Contractor determines to be an Unacceptable Waste. The Contractor and County shall conform to the industry standards in monitoring the receipt of Solid Waste to discourage the delivery of Unacceptable Waste. County employees will be responsible for the separation and removal of Unacceptable Waste (i e waste tires. white goods batteries etc 1 Contractor may require transporters that deliver waste to the Facility to execute a Special Waste Agreement, as described below, representing that no 6 Unacceptable Waste will be delivered to the Facility. The [Contractor] Countv will handle all Unacceptable Waste delivered to the Facility in accordance with [its] the operating permits and applicable statutes and require, if possible, that the responsible transporter remove waste determined by the Contractor to be Unacceptable Waste. If the Unacceptable Waste is not removed from the Contractor's possession by the transporter within a reasonable time, not to exceed twenty-four hours after discovery of the receipt of the waste material, the Contractor and/or Countv will arrange lawful disposal of the waste. County wilt refund Contractor its reasonable expenses and charges for handling, loading, preparing, transporting, storing and disposing of such Unacceptable Waste. 6.6 Application For Payment. At monthly intervals, the Contractor shall make written application for payment for the prior month's [operations] services. Applications shall be made at such times, in such numbers of copies, and in such form as reasonably directed by the County. As a minimum, the application for payment form shall include a daily summary for the month for which application is made, differentiating between non- operating and operating days. Daily tonnage figures shall be based on, and coincide with, scale operators' tonnage records. In the event that [County does not deliver or cause to be delivered a total of at least one hundred tons of solid waste per operating day to the Facility during any month,] the 7 3.3 Waste [Supply] Intake. County shall with its own forces and equipment or under separate contract, arrange for receipt of solid waste at the Facility and charge its customers. [County shall control the (low of solid waste to the Facility. The Contractor shall not accept any solid waste at the Facility unless directed or authorized to do so by the County.] County shall provide all sunerintendence labor and equipment necessary to ep dorm all functions and services necessary for waste intake including but not limited to the direction of solid waste into the Facility the detection of s ecial and hazardous waste the spreading and compaction of solid waste and the spreading of initial and intermediate cover material or other matters which are not the res onsibilit ~ of Contractor as set forth herein. 4.0 UNACCEPTABLE AND SPECIAL WASTE PROCEDURES 4.1 Right to Refuse Unacceptable Waste. The Contractor shall not be required to accept any waste at the Facility that the Contractor determines to be an Unacceptable Waste. The Contractor and County shall conform to the industry standards in monitoring the receipt of Solid Waste to discourage the delivery of Unacceptable Waste. County employees will be responsible for the separation and removal of Unacceptable Waste (i e waste tires white goods batteries etc 1 Contractor may require transporters that deliver waste to the Facility to execute a Special Waste Agreement, as described below, representing that no 6 Unacceptable Waste will be delivered to the Facility. The [Contractor] County will handle all Unacceptable Waste delivered to the Facility in accordance with [its] the operating permits and applicable statutes and require, if possible, that the responsible transporter remove waste determined by the Contractor to be Unacceptable Waste. If the Unacceptable Waste is not removed from the Contractor's possession by [he transporter within a reasonable time, not to exceed twenty-four hours after discovery of the receipt of the waste material, the Contractor and/or County will arrange lawful disposal of the waste. County will refund Contractor its reasonable expenses and charges for handling, loading, preparing, transporting, storing and disposing of such Unacceptable Waste. 6.6 Application for Payment. At monthly intervals, the Contractor shall make written application for payment for the prior month's [operations] services. Applications shall be made at such times, in such numbers of copies, and in such form as reasonably directed by the County. As a minimum, the application for payment form shall include a daily summary for the month for which application is made, differentiating between non- operating and operating days. Daily tonnage figures shall be based on, and coincide with, scale operators' tonnage records. In the event that [County does not deliver or cause to be delivered a total of at least one hundred tons of solid waste per operating day to the Facility during any month,] the 7 averaee daily tonnage per operative day durine any month is less than one hundred fifty tons or more than four hundred tons the parties acknowledge [that Contractor will be entitled to higher disposal fees] and aeree that fees will be negotiated in eood faith by the arties. (In the event County delivers or causes to be delivered more than four hundred tons of solid waste per operating day to [he Facility during any month, the parties acknowledge that Contractor will accept a lower per ton disposal fee for the tonnage in excess of four hundred per day. The fees will be negotiated in good faith by the parties. ] 8 AMENDED EXHIBIT B Solid Waste. The disposal fees for solid waste shall be based upon the average daily tonnage of solid waste received at the Facility in each calendar month. The total tonnage received for the months shall be divided by the number of operating days in the month to determine the Average Tons Per Day. County shall pay a per ton price at the end of each month based on the Average Tons Per Day received during the month, according to the following schedule: Average Tons Per Day Disposal Fee Per Ton* 200 - 249 48.72 250 - 299 42.00 300 - 349 36.00 350 - 399 33.00 *inclusive of Hawaii General Excise Tax. The above disposal fees shall be adjusted as provided in Section 6 of the Agreement. Should the average daily tonnage of solid waste received at the Facility in a calendar month fall between 150 to 199 the Count shall a on the basis of 200 tons er day having been the average tonnage (Special Waste. County and Contractor acknowledge that there are extra costs involved in the acceptance and handling of Special Wastes which may be lawfully disposed of at the Facility. Contractor shall be paid the disposal fees for the Special 9 Was[es listed below as follows: Asbestos; Dead animals; off specification bulk food products, in excess of one ton =total tonnage plus 1, times the applicable disposal fee* County and Contractor shall jointly set disposal fees for any significant quantities of Special Waste not identified above when such waste streams are identified. The fees shall be determined with reference to Contractor's costs of receiving and disposing of, and the risks attendant to long term management of, [he subject Special Waste. The Special Waste disposal fees shall be adjusted as provided in Section 6 of the Agreement.] Pick-Up Trucks. Pick-up trucks will be weighed in and out and Contractor will be compensated as provided [above]in Section 6 of the Agreement for the receipt and disposal of Solid Waste so delivered. 10 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and agreed to Addendum No. 1 and Amended Exhibit B as set forth above the day and year first above written. COUNTY OF HAWAII By STEPHEN K. YAMASHIRO Its Mayor WASTE MANAGEMENT OF HAWAII, INC. By Its By Its RECOMMEND APPROVAL: DONNA FAY K. KIYOSAKI, P.E. Chief Engineer APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii 11