Loading...
HomeMy WebLinkAboutRES 168 Draft 01 1996-1998 . . V\~\\l,\ '(\\,OL . , . ~ COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1G8 97 RESOLUTION TO AUTHORIZE AMENDMENT OF THE MUL TI- YEAR CONTRACT FOR THE CONSTRUCTION, OPERATION AND CLOSURE OF THE WEST HAW All LANDFILL. WHEREAS, Resolution 49-93 authorized the multi-year contract with Waste Management of Hawaii, Inc. (WMI) for the construction and operation of the West Hawaii Landfill; and WHEREAS, the County entered into a contract with WMI for the construction and operation of the West Hawaii Landfill dated April 21, 1993; and WHEREAS, the Hawaii Supreme Court's ruling in Konno v. County of Hawaii, 85 Hawai'i 61, 937 P.2d 397 (1997), held that the WMI contract violated civil service laws by privatizing work that had "historically and customarily" been done by civil service workers; and WHEREAS, Third Circuit Court Judge Riki May Amano on remand has ruled that WMI may continue to do cell preparation, conduct closure and post-closure maintenance at the West Hawaii Landfill; and WHEREAS, the County of Hawaii desires to continue those portions of the WMI contract that are not in violation of the Supreme Court's order in Konno; and WHEREAS, the County, through its Department of Public Works, and WMI have agreed to amendments to the existing contract to reflect the new scope and conditions of work; and WHEREAS, Section 9.4 of the current contract requires that any amendments to the agreement be made in writing and include all formalities including council approval; and WHEREAS, Section 10-11 of the Hawaii County Charter requires approval by the Hawaii County Council of any contract or obligation that requires payment of funds from the appropriation of a later year; . . j\ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA WAIl that it authorizes the County of Hawaii to amend the contract with Waste Management of Hawaii, Inc., dated April 21, 1993, as set forth in the addendum (attached Exhibit A), for a multi-year period. BE IT FURTHER RESOLVED that the County Clerk be and is hereby directed to forward a copy of this resolution to the Chief Engineer, Director of Finance and Mayor, and that the Director of Finance is hereby authorized to make any necessary transfers in accordance with the terms of the resolution. DATED: Hilo, Hawaii, INTRODUCED BY: A W All a:\solidwaste\wmireso. wpd COUNTY COUNCIL County of Hawaii Hilo, Hawaii ROLL CALL VOTE I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on AYES NOES ADS EX ARAKAKI CHUNG LEITHEAD-TODD RAY REYNOLDS SANTANGEW SMITH TYLER YAGONG ATI'EST: COUNTY CLERK Reference C - 5 2 7 CHAIRMAN & PRESIDING OmCER RESOLUTION NO. 1.G8 97 ---~~--~-_.._--,.._-- - , " . . ADDENDUM NO.1 TO LANDFILL CONSTRUCTION. OPERA nON AND CLOSURE AGREEMENT BETWEEN THE COUNTY OF HA WAIl AND WASTE MANAGEMENT OF HA WAIL INC. DATED APRIL 21. 1993 THIS FIRST ADDENDUM is made and entered into as of this day of , 1997, by and between the COUNTY OF HAWAII (hereinafter "County") and WASTE MANAGEMENT OF HA WAIl, 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 Hawai'i 61, 937 P.2D 397 (1997), found that the Contractor's operation ofthe 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 set forth below; and WHEREAS, it is expressly agreed by the parties that this addendum is supplemental to the contract of April 21, 1993, which is by reference made a part hereof, and all the terms, -1- EXHIBIT A .\>\ \')('...~ II ., . I I I . . . f; 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 the 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 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 excavation, transport 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 equipment and facilities; and incidental 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 to the working face, suitable cover material which will be placed and compacted by County employees. (b) The Contractor shall provide all superintendence; labor; and materials, equipment, tools, supplies and utilities required for cell preparation, closure and post-closure -2- . . maintenance of the Facility. The Contractor shall at all times have staffing and equipment 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 adequate to support County operations of the Facility at increased waste loading rates. When Contractor's employees and equipment are utilized, the County 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 equivalent. County shall furnish Contractor its existing price term agreement. In the event of incidents or emergencies at the working face, the Contractor will direct the remedial activities as described in Section 8.0, Emergency Operating Procedures of the Operations Manual, to resolve the situation. Ifnecessary, the Contractor will augment the County's work force with its own work force, including 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 equipment at a mutually agreeable price. The Contractor shall be required to submit detailed cost pricing data to justify all charges. (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 s,hall comply fully with applicable provision of the approved operating and groundwater monitoring plans. -3- " . . . . C' 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, supplying daily and intermediate cover material, closure and post-closure requirements on the Site. 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. (f) 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. (g) The Contractor shall train County employees in the receipt and compaction of solid waste and the spreading of initial and intermediate cover so that County employees can perform such functions in compliance with the Operating Plan and achieve compaction rate standards currently being achieved by Contractor. In performing such training Contractor shall not be responsible for disciplining nor directly supervising County's employees, -4- . . .' . but shall have the authority to advise the County's supervisors if any discrepancies are observed that may have an adverse environmental, financial or other impact on the Site. 3.3 Waste 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 provide all superintendence, labor, and equipment necessary to perform all functions and services necessary for waste intake includmg but not limited to the direction of solid waste into the Facility, the detection of special 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 responsibility 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.). Contractor may require transporters that deliver waste to the Facility to execute a Special Waste Agreement, as described below, representing that no Unacceptable Waste will be delivered to the Facility. The County will handle all Unacceptable Waste delivered to the Facility in accordance with the operating permits and applicable statutes and require, if possible, that the -5- . .' .' " j 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 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- . . '- . , 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 - 249 250 - 299 300 - 349 350 - 399 $48.72 $42.00 $36.00 $33.00 *inc1usive of Hawaii General Excise Tax. The above 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 in Section 6 of the Agreement for the receipt and disposal of Solid Waste so delivered. -7- .. . . .' . 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, INe. 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 -8- . . .a f- .... · i1' , STATE OF HAWAII ) ) SS. COUNTY OF HA W All ) On this day of , 1997, before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My Commission Expires: -9- '. '. ... f'1IIj .. /. ~ , STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this day of , 1997, before me appeared and to me personally known, who, being by me duly sworn, did say that they are the and respectively, ofW ASTE MANAGEMENT OF HAWAII, INC., a Hawaii corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and that said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public, State of Hawaii My Commission Expires: -10-