HomeMy WebLinkAboutRegional Disposal Company - Amendment No. 42012 ADDENDUM TO CONTRACT
REGARDING SOLID WASTE EXPORT SERVICES
FOR MASON COUNTY
1. INTRODUCTION — AGREEMENT. Mason County ("County") and Regional
Disposal Company ("RDC") are 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 Export 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 more 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 the 5TL 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 teiin for a further three (3) year period.
4. INSTALLATION AND REPAIR OF EQUIPMENT. 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 container load
beyond 26 net tons, are 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 Teiiii 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) year 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 5 day of JJnJ
REGIONAL DISPOSAL COMPANY,
a Washington joint venture
By WJR ENVIRONMENTAL, INC.,
Managing Partner
By:
(Signatur'e of Authorized Representative)
Name:
Title:
, 2012.
BOARD OF MASON COUNTY
COMMISSIONERS
!/-)
By:�
y:
By
APPROVED AS TO FORM:
By:
Prosecuting Attorney
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2012 Amendment — Page 2
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condition they were in at the implementation of this Agreement.
As part of this document the Contractor and County agree that by
mutual consent of both parties the Agreement can be reopened for
further discussion if concerns arise during the life of the
Agreement due to unforseen circumstances. If an agreement cannot
be reached both parties reserve the right to terminate this
Agreement by using the applicable procedure stated above.
HOURS OF OPERATION
Hours of operation at the following drop station sites are:
1. Mason County Solid Waste Facility
Monday - Sunday 8:00 A.M. - 4:00 P.M.
2. Belfair Drop Box Station
Monday - Sunday 8:00 A.M. - 4:00 P.M.
Except that above sites may be closed only on the holiday of New
Year's Day, Independence Day(4th of July), Thanksgiving and
Christmas.
3. Hoodsport
Saturday and Sunday - 9:00 A.M. - 4:30 P.M.
Monday - 12:00 P.M. - 4:30 P.M.
Except that this site will be closed on the following holidays:
New Years Day, Martin Luther King Day, Lincoln's Birthday,
Washington's Birthday, Memorial Day, July Fourth, Labor Day,
Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and
Christmas Day.
OPEN ALL HOURS, EVERY DAY OF THE WEEK
Taylor Towne, Johns Prairie, Matlock, Allyn, Shelton Red
Apple, Union B/P, Bucks Prairie,'Grapeview.
COSTS ASSOCIATED WITH THIS AGREEMENT
Cost to Mason County for the servicing of the containers, not
including sales tax, will be as follows: this is a cost not to
exceed agreement for each applicable year noted):
* 2003 - $76,808 - Monthly bills will be in the amount of
$6,400.67(these figures are the same as those in effect
for the year 2002).
* 2004 - For 2004 the amount shown for 2003 shall be
increased by the annual increase in the Consumer Price
Index as computed by the U.S. Department of Labor for the
Seattle -Tacoma Area Average for all Urban Consumers or
successor indices, or by another agreed upon price index.
METHOD OF PAYMENT
Mason County will pay to the Contractor a monthly payment as agreed
to by the Contractor and the Mason County Commissioners (shown in
section described as costs associated with this contract)
Effective date of this Agreetpe t,shal be January 1, 2003.
SIGNED this ; V day of -WAM
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
5LL*LA__
`SIGNATURE CHAIRMAN
TITLE `
_)\_Ct%C.,"- NO 'I
COMPANY
ATTEST
<9�C1c'Cea
CLERK OF THE BOARD
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COMMISSIONER
PROSECUTING ATTORNEY