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Home My WebLink AboutRegional Disposal Company - Amendment No. 1I" R 4 clti-(I 4- 6 7/9// A RESOLUTION OF THE MASON COUNTY BOARD OF COMMISSIONERS RESOLUTION NO. /p%' qq IN REF: APPROVAL OF CONTRACT ADDENDUM FOR SOLID WASTE EXPORT AND DISPOSAL SERVICES WHEREAS, Mason County(the County) entered into a contract for solid waste export services with Regional Disposal Company on August 31, 1994; and, WHEREAS, The Mason County Board of Commissioners(hereinafter referred to as the "Board") has reviewed a contract addendum calling for a change in transport technology between Mason County and Regional Disposal Company for solid waste export and disposal services(attached as Exhibit A); and, WHEREAS, the contract addendum will allow for a lower transport price per trailer than the original contract; and, WHEREAS, the County has concluded that use of rail transportation will benefit the County and will result in a lower transportation cost, and lower overall cost to the County than provided in the Contract; and, WHEREAS, RDC has fully compensated the County for costs of modifications to the Transfer Station required to accommodate the switch to rail hauling; and, WHEREAS, after due consideration it appears to be in the best public interest to conditionally approve this contract agreement; NOW THEREFORE BE IT RESOLVED that the Board authorizes execution of the contract addendum between Mason County and Regional Disposal Company, PASSED IN REGULAR SESSION this day of ,1994. PROVED AS TO FORM: \ DEPUTY PROS. ATTORNEY ATTEST: C RT{ OF TH c.4k BOARD OF COMMISSIONERS MASON COUNTY 1). CHAIRPERSON COMMISSIONER---- 7tV4,110112 COMMISSIONER ADDENDUM TO CONTRACT REGARDING SOLID WASTE EXPORT SERVICES FOR MASON COUNTY I. Background. A. Mason County (the County) entered into a contract for solid waste export services with Regional Disposal Company (RDC) which was executed by the County on August 31, 1993 (the Contract). B. Subsequent to execution of the Contract, the County and RDC have investigated the feasibility of transporting waste to the Disposal Facility primarily by rail, rather than entirely by tractor/trailer hauling as assumed in the bid submitted by RDC which formed the basis of the Contract. C. The County has concluded that use of rail Transportation will benefit the County and will result in a lower Transportation cost, and lower overall cost to the County than as provided in the Contract. D. RDC is willing to incorporate rail Transportation and can do so provided the County approves a modification of the type of Trailer to be used in providing services under the Contract. E. Sections 6.3(a) and 6.5(b) of the Contract permit the Contractor to "delete, improve or replace Facilities" including Trailers, and to "use facilities, sites or processes different from the primary or alternate Facilities" provided (1) all such facilities meet or exceed the Specifications and requirements of Applicable Law, (2) are approved by the County, and are (3) provided at no additional cost to the County. F. RDC has determined that the Trailers which RDC proposes to substitute for the Trailers specified in the Contract meet or exceed the Specifications and requirements of Applicable Law. G. RDC is willing to incorporate rail Transportation upon the terms set forth below at a total cost for Transportation of Acceptable Waste of $21.76 per ton, with no change in the Disposal cost as specified in the Contract, which will result in a lower cost for Transportation and a lower overall cost (Transportation and Disposal) than provided for in the Contract. H. RDC has fully compensated the County for costs of modifications to the Transfer Station required to accommodate the switch to rail hauling. I. Based upon the foregoing facts, the County is willing to, and does hereby approve substitution of the Trailers proposed by RDC and approves incorporation of rail Transportation into the method and routes of providing the Transportation services required of RDC by the Contract. 85013171.1 6114194 3:41pm -1- read: J. Insurance representatives of the County and RDC have requested certain clarifications in Article 12 of the Contract concerning insurance to be provided by RDC which the parties now desire to make. II. Agreement. Now, therefore, the Parties agree as follows: A. A new subsection 7.10 is hereby added to the Contract to 7.10 Loading at Transfer Station. The County and its agents, shall use their best reasonable efforts to fully load each Trailer with Acceptable Waste to its maximum legal weight. B. Section 8.1(a) of the Contract is hereby amended to read: (a) Service Fee. Subject to Section 7.3 and any adjustments and offsets to which the County is entitled under the Contract, the County shall pay to the Contractor for the Contractor's performance of its obligations under this Contract, a Service Fee calculated by: 85013171.1 6/14/94 3:41pm (i) adjusting the base unit prices specified in Section 8.1(c) for changes in the CPI, as outlined in Sections 8.1(b) and (d) to arrive at the per ton price for Transport and the applicable per ton prices for Disposal; (ii) multiplying the number of tons of Acceptable Waste delivered to the Contractor under this Contract at the Transfer Station and Transported as required by the Contract during the billing period, by the applicable per ton price, and (iii) multiplying the number of tons of Acceptable Waste Disposed of by the Contractor under this Contract during the billing period by the applicable per ton price; (iv) multiplying the number of tons of Asbestos delivered by County employees or subcontractors to the Disposal site which were Disposed of during the billing period by the applicable per ton (or minimum) price; (v) adding the sums calculated under (ii), (iii) and (iv) above; and (vi) adding or subtracting any other increases or decreases in the Service Fee as provided in Sections 8.2, 8.3 and 8.4. -2- C. Section 8.1(c) of the Contract is hereby amended to read: (c) Base Unit Prices. The base unit price for Transport shall be $21.76 per ton which shall not vary according to volume of waste Transported. The base unit prices for Disposal shall be $18.21 per ton for Acceptable Waste and $34.00 per to for Asbestos. D. Section 12.1 of the Contract is hereby amended to read: (a) The Contractor shall obtain, maintain and pay for the insurance coverage designated in this Article from generally recognized financially responsible insurers that are approved by the County and licensed in the state of Washington and whose claims paying ability is rated not less than "A VI" by A.M. Best Company, Inc., or its successors, at all times during the Term of the Agreement. (b) All insurance coverages shall be primary to any other insurance coverages available to the County and/or its elected or appointed officials, and/or current and former employees or volunteers. (c) All insurance coverages shall include an Additional Insured Endorsement naming Mason County and its elected and appointed officials, and current and former employees and volunteers as additional insureds. (d) The Contractor may if allowed by the State of Washington, as an alternative and subject to the prior written approval of the County, in its sole discretion, engage in a program of self-insurance to satisfy all or a part of its obligations under this Article. E. Contractor shall review the insurance coverages procured pursuant to Article 12 and within thirty days of execution of this Addendum, supply the County with certificates of all additional and revised coverage required as a result of the changes made by this Addendum, to be followed by certified copies of all such coverages within sixty days of execution of this Addendum. Such coverages shall include, but not be limited to Railroad Coverage as specified in Section 12.3. F. Within thirty days of execution of this Addendum, Contractor shall review, revise as necessary to reflect the changes implemented by this Addendum, and submit to the County for its approval, an updated Alternate Operations Plan in accord with Section 6.17 and an updated Emergency Operations Plan in accord with Section 6.18. 85013171.1 6/14/94 3:41pm -3- G. Except as expressly provided above, all provisions of the Contract shall remain unchanged and in full force and effect. Dated this 1"�_ Z-�s day of �_�--�-�-<<��-.- 1994. Mason County fl Yi; 4i7( ) t(_� ck REGIONAL DISPOSAL COMPANY By: WJR Environmental, Inc., Managing Partner per the Joint dated June 30, 1991. Appr By: Venture Agreement as to Form: Prosecuting Attorney 85013171.1 6/14/94 3:41pm -4-