HomeMy WebLinkAboutRegional Disposal Company2012 ADDENDUM TO CONTRACT
REGARDING SOLID WASTE EXPORT SERVICES
FOR MASON COUNTY
. MAY 2 1 ?012
MMAU()N CU, unit I cif
l , INTRODUCTION — AGREEMENT. Mason County ("County") and Regional
Disposal Company ("RDC") arc parties to the Contract Regarding Solid Waste Export Services
for Mason County, dated August 26, 1993, as amended by an Addendum To Contract Regarding
Solid Waste Export Services For Mason County dated June 14, 1994, a 1997 Addendum To The
Contract Regarding Solid Waste Export Services for Mason County, dated November 25, 1997,
and a 1998 Addendum To Contract Regarding Solid Waste Expoi t Services for Mason County,
dated December 1, 1998 (collectively, "Contract"). This 2012 Addendum to the Contract (this
"Addendum") adds to and is made a part of the Contract and, as such, is fully subject to the
Contract's terms. If conflicts are found to exist between this Addendum and the Contract, this
Addendum prevails over the Contract as the mole recent expression of the intent of the parties.
Unless otherwise specified, capitalized terms used in this Addendum have the meanings
provided in the Contract. Except as specifically provided in this Addendum, the Contract shall
remain in full force and effect.
EFFECTIVE DATE, This Addendum is effective as of theS j day of
, 2012.
3. PURPOSE. The purpose, of this Addendum is to provide for the County's
installation of loading scales at the Transfer Station; for a payment by Contractor in recognition
of County expenses associated with improvements to and operation of the Transfer Station; for
certain changes in the Base Unit Price; and for an extension of the term of the Contract for an
additional seven (7) years; and for an option exercisable by the County to extend the Contract
beyond such extended term for a further three (3) year period.
4, INSTALLATION AND REPAIR OF F,QUIPMENT, The County may install
new loading scales at the Transfer Station (collectively the "Transfer Station Improvements").
5, PAYMENT BY CONTRACTOR, Not later than the end of the first calendar
quarter of 2013, Contractor shall pay the County the lump sum of .$ 150,000.00 USD,
6. CHANGES TO BASE UNIT PRICE. If the Transfer Station Improvements are
made by the County, then effective from and after the first day of the first calendar month after
the Transfer Station Improvements are completed:
(a) The Base Unit Price for both Disposal and Transportation Services is $35.00 per ton
of Acceptable Waste for all net tons of Acceptable Waste in a container load other
than the first 26 net tons (the Base Unit Price for both Disposal and Transportation for
the first 26 net tons of Acceptable Waste in a container load remains unchanged); and
(b) In the case of any container load of Acceptable Waste having a net weight of less than
25 tons, the County shall pay Contractor the Base Unit Price multiplied by twenty-
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five (25) (i.e., the same amount that would be payable if the net weight of the
Container load Were exactly 25 tons).
Both the unchanged Base Unit Price for the first 26 net tons of Acceptable Waste in a container
load, and the Base Unit Price applicable to net tons of Acceptable Waste in a containei load
beyond 26 net tons, arc each subject to adjustment in accordance with Subsection 8.1(d) of the
Contract. The Base Unit Price of $35.00 per ton for net tons of Acceptable Waste in a container
load beyond 26 net tons, provided for above, shall apply until January 1, 2014; such per ton
charge shall be adjusted as of January 1, 2014, and further adjusted as of January 1 of each year
thereafter, in accordance with Subsection 8.1(d) of the Contract.
(c) TERM OF CONTRACT. Article 21 of the Contract is replaced in its entirety
with the following:
ARTICLE 21
Term
21.1 The Term of the Contract shall begin on its execution and, unless
terminated by the County as provided in the Contract, shall end on August 26,
2020,
21.2 The County shall have the right to renew the Contract for an
additional three (3) yeai period under the same provisions and for the same
Service Fee calculated in accordance with Article 8 of this Contract. The County
shall be deemed to have exercised its option to renew the Contract pursuant to this
Section 21.2 unless the County gives Contractor written notice at least 180 days
prior to August 26, 2020 of the County's election not to so extend the Contract.
DATED this . day of 0 d N t . , 2012.
REGIONAL DISPOSAL COMPANY,
a Washington joint venture
BOARD OF MASON COUNTY
COMMISSIONERS
By WJR ENVIRONMENTAL, INC., ay: �:G i- dk,
Managing Partner
By: (il '/
(SignatuiZf Author zed Representative)
Name: 4%
Title:
ij
l
2012 Amendment — Page 2
1846799 v i / 32255-028
By;
By: (LA,L-pin—
APPROVED AS TO FORM:
By: 7. ' 2J> i
Prosecuting Attorney