Waste Management Landfill Contract
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Waste Management Landfill Contract

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The contract between the City and County of Honolulu and Waste Management.

The contract between the City and County of Honolulu and Waste Management.

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Waste Management Landfill Contract Waste Management Landfill Contract Document Transcript

  • CONTRACT NO 4 ‘i CF CONTRACT NO. C-48689 AMENDMENT NO.6 THIS AGREEMENT, made this c4— day of , 2008, by and betweenthe CITY AND COUNTY OF HONOLULU, a municipal corporation of the State of Hawaii, hereinafter calledthe “CITY”, and WASTE MANAGEMENT OF HAWAII, (NC., whose business address is 92-460 FarringtonHighway, Kapolei, Hawaii 96707, hereinafter call the “CONTRACTOR”; WITNESSETH THAT: WHEREAS, the parties hereto entered into an Agreement identified as Contract No. C-48689,dated February 9, 1985 (the “Contract”), for the Contractor to Provide Services to Operate and MakeImprovements to the Waimanalo Gulch Sanitary Landfill, Ewa, Oahu, Hawaii, for the City; and WHEREAS, the Contract has been amended a number of times; and WHEREAS, the parties hereto, on June 7, 1989, entered into a Memorandum of Understanding(the “MOU”) to modify the Contract to reflect their understanding of certain provisions of the Contract; and WHEREAS, the MDU effectively removed in its entirety from the Contract, Special Provisions,Section 18, PRICE ADJUSTMENT FOR UNFORESEEN COST INCREASES; and WHEREAS, the Contractor has provided documentation demonstrating that certain unforeseenmarket conditions beyond the Contractor’s control have led to significant cost increases, above and beyondthose reflected by the Consumer Price Index (“CPI”) for Honolulu; andAmendment No. 6 Page 1 of 8Contract No. C-48689
  • WHEREAS, the Contractor has provided documentation demonstrating that certain unforeseen regulatory and environmental mandates, above and beyond those provided for by the Contractor’s operational plans, have led to significant cost increases beyond the Contractor’s control; and WHEREAS, the City has reviewed the Contractor’s documentation and agrees that it is appropriate and fair to compensate the Contractor to address significant cost increases caused by unforeseenconditions; NOW, THEREFORE, in consideration of the mutual promises herein set forth, it is herebyunderstood and agreed by and between the parties hereto to further amend Contract No. C-48689, aspreviously amended, as follows:1. In the MOU dated June 7, 1989, delete in its entirety “9 - PRICE ADJUSTMENT FOR UNFORESEEN COST INCREASES — SPECIAL PROVISIONS SECTION 18,” and insert in lieu thereof the following: “9. PRICE ADJUSTMENT FOR UNFORESEEN COST INCREASES — SPECIAL PROVISIONS SECTION 18 During the term of the Contract, the Contractor may submit requests for appropriate adjustments to the contract unit price(s) and/or appropriate direct reimbursements should the Contractor experience unforeseen cost increases beyond its control and not contemplated by the Parties when entering into the Contract and any amendments thereto. Said adjustments and/or reimbursements shall be as follows: PRICE ADJUSTMENT. Any adjustment shall be made in one or more of the following ways: a. Price adiustment.Amendment No. 6 Page 2 of 8Contract No. C-48689
  • By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; By unit prices specified in the Contract or subsequently agreed upon; By the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as specified in the Contract or subsequently agreed upon; In such other manner as the parties may mutually agree; or In the absence of agreement between the parties, by a unilateral determination by the Director of the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee, all as computed by the Director in accordance with generally accepted accounting principles and applicable sections of Chapters 3-123 and 3-126, Hawaii Administrative Rules (HAR). b. Submission of cost or pricing data. The Contractor shall provide cost or pricing data for any price adjustments subject to the provisions of Chapter 3-122, Subchapter 15, HAR.”2. As provided for on Page No. 2 of Amendment No. 5 dated May 1, 1999, add the following to the end of respective Paragraphs B, C, and D:Amendment No. 6 Page 3 of 8Contract No. C-48689
  • “B. For all ash and residue disposed between January 1, 2007, and December 31, 2007, the unit price will be $13.36 per ton. From January 1, 2008 and every January 1 thereafter, the unit price shall be adjusted by 85% of the percentage change during the immediately preceding calendar year in the Consumer Price Second Half Index for All Urban Consumers (All Items) for Honolulu, Hawaii, as published by the U.S. Department of Labor, Bureau of Labor Statistics. If for any reason the Consumer Price Index Second Half Index for All Urban Consumers (All Items) for Honolulu becomes unavailable, the Consumer Price Index Average for All Urban Consumers (All Items) for Honolulu for the immediately preceding calendar year will be used, Payments to the Contractor for this price adjustment shall be made per a payment schedule mutually decided upon by the Contractor and the City.Amendment No. 6 Page 4 of 8Contract No. C-48689
  • C. For all composite liner and MSW composite liner installed between January 1, 2007, and December 31, 2007, the unit price will be $61.22 per square yard. From January 1, 2008 and every January 1 thereafter, the unit price shall be adjusted by 100% of the percentage change during the immediately preceding calendar year in the Consumer Price Second Half Index for All Urban Consumers (All Items) for Honolulu, Hawaii, as published by the U.S. Department of Labor, Bureau of Labor Statistics. If for any reason the Consumer Price Index Second Half Index for All Urban Consumers (All Items) for Honolulu becomes unavailable, the Consumer Price Index Average for All Urban Consumers (All Items) for Honolulu for the immediately preceding calendar year will be used. Payments to the Contractor for this price adjustment shall be made per a payment schedule mutually decided upon by the Contractor and the City.Amendment No. 6 Page 5 of 8Contract No. C-48689
  • D. For all municipal solid waste disposed between January 1, 2007, and December31, 2007, the unit price will be $15.78 per ton. From January 1, 2008 and every January 1 thereafter, the unit price shall be adjusted by 85% of the percentage change during the immediately preceding calendar year in the Consumer Price Second Half Index for All Urban Consumers (All Items) for Honolulu, Hawaii, as published by the U.S. Department of Labor, Bureau of Labor Statistics, If for any reason the Consumer Price Index Second Half Index for All Urban Consumers (All Items) for Honolulu becomes unavailable, the Consumer Price Index Average for All Urban Consumers (All Items) for Honolulu for the immediately preceding calendar year will be used. Payments to the Contractor for this price adjustment shall be made per a payment schedule mutually decided upon by the Contractor and the City.”3. Amend Paragraph 15.E. of the Minimum Specifications by adding the following to the end of the Minimum Specifications, Paragraph 15.E as amended by Amendment No. 5, dated May 1, 1999:Amendment No. 6 Page 6 of 8Contract No. C-48689
  • For all cell excavation between January 1, 2007, and December 31, 2007, the unit price will be $13.22 per cubic yard. From January 1, 2008 and every January 1 thereafter, the unit price shall be adjusted by 100% of the percentage change during the immediately preceding calendar year in the Consumer Price Second Half Index for All Urban Consumers (All Items) for Honolulu, Hawaii, as published by the U.S. Department of Labor, Bureau of Labor Stafistics. If for any reason the Consumer Price Index Second Half Index for All Urban Consumers (All Items) for Honolulu becomes unavailable, the Consumer Price Index Average for All Urban Consumers (All Items) for Honolulu for the immediately preceding calendar year will be used. Payments to the Contractor for this price adjustment shall be made per a payment schedule mutually decided upon by the Contractor and the City.”4. Add the following Paragraph 19, DIRECT REIMBURSEMENTS FOR UNFORESEEN COSTS, to the Minimum Specifications of the Contract: “19. DIRECT REIMBURSEMENTS FOR UNFORESEEN COSTS: The Contractor shall be allowed to submit for direct reimbursements for costs approved by the City under SPECIAL PROVISIONS SECTION 18, PRICE ADJUSTMENT FOR UNFORESEEN COST INCREASES.” This Amendment No. 6 shall take effect upon the date and year first written above, except asotherwise specifically provided herein, shall apply from such effective date. All other terms and conditionsof Contract No. C-48689, as previously amended, shall remain in full force and effect.Amendment No. 6 Page 7 of 8Contract No. C-48689
  • IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to be executed as of the date first written above. CITY AND COUNTY OF HONOLULU Mary Patricia Waterhouse, Director Department of Budget and Fiscal Services WASTE MANAGEMENT OF HAWAII, INC. By: Qi R. Federal ID No.: 760638599 RECOMEND APPROVAL:F EriLkamD., P.E., Director Department of Environmental Services APPROVED AS TO FORM AND LEGALITY: GARY V. TAKEUt Deputy Corporation Counsel Amendment No. 6 Page 8 of 8 Contract No. C-48689
  • STATE OF HAWAII ) ) SS:CITY AND COUNTY OF HONOLULU )On this 25 June 2008, before me personally appeared Joseph R Whelan Jr, known to meto be the person described in and who, being by me duly sworn or affirmed, did say thatsuch person executed the foregoing instrument as the free act and deed of such person,and if applicable in the capacity shown, having been duly authorized to execute suchinstrument in such capacity. /*Irlene Moniz GarciaNotary Public, First Judicial Circuit CourtState of HawaiiMy commission expires: 10/07/2009“This Notary Certificate is prepared on a separate page and is attached to the documententitled “Amendment No. 6” and is attached to that document by means of ONE staple/s.
  • . ;. ‘ AMENDMENT NO. 5 THIS AGREEMENT, made this // day of 11/) , 1999, by andbetween the CITY AND COUNTY OF HONOLULU, a municipal corporation of the Stateof Hawaii, hereinafter called the “CITY,” and WASTE MANAGEMENT OF HAWAII INC.whose business address is 92-460 Farrington Highway, Kapolei, Hawaii 96707, hereinaftercalled the “CONTRACTOR”; WITNESSETH THAT: WHEREAS the parties hereto have entered into an Agreement identified asContract No. C-48689, for the Contractor to Provide Services to Operate and Make Improvements to the Waimanalo Gulch Sanitary Landfill, Ewa, Oahu, Hawaii, for the City; and WHEREAS, the City wishes to continue to dispose of municipal solid waste and ash at the Waimanalo Gulch Sanitary Landfill; and WHEREAS, the Contractor has proposed a method of landfill expansion accepLable to the City; NOW, THEREFORE, in consideration of the mutual promises herein set forth, it is hereby understood and agreed by and between the parties hereto to further amend Contract No. C-48689 as follows: AMENDMENT NO.5 1 . 1
  • Exhibit I of Addendum 3 as amended by Exhibit I of Amendment No. 2: Unless otherwise noted in this amendment) upon the effective date of this amendment, in EXHIBIT I of Amendment No. 2, delete from lines 11 to the end of the page. EXHIBIT 1-A shall be substituted and is attached hereto as Exhibit “A” and is incorporated herein by reference and made a part of this contract. EXHIBIT 1-A provides: A. That the base tonnage for solid waste and ash and residue beginning the 1999 calendar year will be 335,000 tons, the sum of 165,000 tons of solid waste and 170,000 tons of ash and residue. This will be used for calculations under Section 15, Sub-Section E of the Minimum Specifications. B. Upon the effective date of this amendment, the unit price for disposal of ash and residue will be $10.00 per ton and will be adjusted annually according to the terms previously set forth in this contract. C. That the unit price for composite liner and MSW composite liner will be $28.51 per square yard upon the effective date of this amendment. D. Upon the effective date of this amendment, the unit price for municipal solid waste is $12.00 per ton and will be adjusted annually according to the terms previously set forth in this contract.AMENDMENT NO.5 2 126
  • 2. MINIMUM SPECIFICATIONS A. Insert the following new paragraph after Paragraph 2. SCOPE OF WORK. “Contractor shall increase the existing Landfill footprint and operate the Landfill for a period of fifteen (15) years from the date of receipt of all permits for the initial operation of the additional landfill area, hereina fter called the Permit Date, or until the landfill is completely filled as determined by mutual agreement of the parties, or closed by regulatory require ment imposed by a state or federal agency, whichever occurs first. Provided further that if the City elects to terminate this contract at any time before the landfill is completely filled, the Contractor shall remain liable for all work performed under its operation of the landfill, and shall have no responsibility or liability for any claims arising solely out of the subsequent operation of the landfill by the City or any operator other than Waste Management of Hawaii, Inc. or any successor to Waste Management of Hawaii, Inc.” B. Insert the following new paragraph after 3. LANDFILL DEVELOPMENT, as amended by Addendum No. 3: “Landfill shall be expanded to provide an additional capacity of 15.7 million cubic yards within the existing landfill site in accordance with the Scope of Services and Schedule for Site Expansion and Cells 4C and 8 Construction by Rust Environment and Infrastructure as part of a Services Agreement dated October 27, 1994, which is attached hereto as Exhibit “B” and is incorporated herein by reference and made a part of this Contract.AMENDMENT NO.5 3 4 6 I ‘fi
  • The Contractor will design, construct, and finance the expansion and obtain all permits required for its construction and operation. The Contractor will provide all preliminary and final engineering planning and prepare all environmental documents. The expansion will include drainage improvements, leachate collection system, gas collection and recovery system, gas monitoring system, excavation, access roads, visual barrier s, landscaping and any other improvements. The City shall support and cooperate with the Contractor in obtaining any necessary permits. In the event that the Contractor, after using its best efforts and through no fault of its own, is unable to obtain all the necessary permits for the expansion, the Contractor may file a claim with the City pursuant to Paragraph 34.(4)(A) for reasonable and necessary costs and expenses for engineering fees, cost of any environmental impact statements, attorneys’ fees, permit processing fees, and consultant fees associated with attempting to obtain such permits.” C. Delete Paragraph 4. D. in its entirety and insert the following in its place: “D. Contractor shall also provide post-closure maintenance of the landfill site, (including, but not limited to, maintenance and monitoring of wells in accordance with the requirements of the Hawaii Department of Health as may be in effect from time to time, continued collection and treatment of leachate, recompacting and re-covering of any waste exposed due to fractions or fissures at the landfill site and continued revegetation of the landfill) for a period of thirty (30) yearsAMENDMENT NO.5 4 i_ ,. ,
  • beyond the date of completion of closure of the landfill site. However, Contractor shall not be responsible for pos t-closure maintenance if City, during the aforesaid thirty (30) year period, elects to construct any residential, commercial, industrial, or any other development on any portion of the landfill site or pursua nt to Section 10 of the Contract.” D. Delete Paragraph 15. C. in its entirety and insert the following in its place: “C. Asbestos, large animals (over 70 lbs.), uns terilized (not heat treated) sewage sludge, and waste which com mercial haulers wish to bury separately shall be treated as special handling. C’ty shall pay Contractor an additional surcharge equal to the solid waste unit price per truckload for special handling.” E. Delete Paragraph 15.E. of the Minimum Spe cifications as amended by Addendum No. 3 and Amendment No. 1, and insert the following new paragraphs: “15.E. Should the total tonnage for solid waste and ash and residue for each calendar year after 1999 vary more than 20% from that shown in Exhibit I-A (column a plus column d), each of the unit prices for solid waste and ash and residue sha ll be adjusted. For calculations beginning the calendar year of this amendment through the completion of the contract the bas e tonnage will be 335,000 tons. The new unit price shall be adjusted by the following formula:AMENDMENT NO.5 5 1)
  • .J. New unit price = f x Base unit price Base unit price = price shown on Exhibit I-A f = adjustment factor For tonnage less than 80% of that shown in Exhibit I-A: 0.80 x base tonnage actual tonnagQ - f=1 +O.03x 0.16 x base tonnage butf shall not be more than 1.15 Where: base tonnage = 335,000 tons total solid waste and ash and residue. actual tonnage actual total solid waste and ash and residue tonnage For tonnage more than 120% of that shown in Exhibit I-A: actual tonnage 1.2 x base tonnage - f= I -0.03x 0.24 xbase tonnage but f shall not be less than 0.85 Adjustment for the previous year shall be within thirty (30) calendar days following the end of the calendar year. The first adjustment, if any, shall be for the first year of operation following the effective date of this amendment. Should a payment be owed to the Contractor, the Contractor shall submit an invoice for the amount owed. Should a payment be owed to the City, the City shall invoice the Contractor for the amount owed or, if the City elects, the City may credit the amount against future billings by the Contractor. On or before the fifteenth (15th) day of each January and July during the excavation, the Contractor shall invoice the City for the AMENDMENT NO. 5 6 122
  • rI, number of cubic yards of material excavated during the previous six month period. The number of cubic yards excavated can be estimated, provided that the Contractor provide annually each January a topographic map bearing a stamp of a registered professional surveyor or engineer with appropriate cross sections to show the total number of cubic yards excavated during the previous calendar year. The Contractor may submit such a topographic map more frequently. The Contractor will include as part of the invoice, any income payments received for sale of any excavated material. The contractor may allow excavated material to be hauled off the site at no charge if the City has no use for the material and it is the City’s best interest to have the excavated material removed from the site. The unit price shall be $2.67 per cubic yard of excavated material from September 5, 1989, through December 31, 1993. Beginning January 1, 1994, and as of each January 1st thereafter until the day before the effective date of this amendment, the unit price shall be adjusted by 100% of the percentage change during the immediately preceding calendar year in the Consumer Price Second Half Index for All Urban Consumers (All Items) for Honolulu, Hawaii, as published by the U.S. Department of Labor, Bureau of Labor Statistics. If for any reason the Consumer Price Second Half Index for All Urban Consumers (All Items) for Honolulu becomes unavailable, the Consumer Price Index Average for All Urban AMENDMENT NO.5 7 121
  • Consumers (All Items) for Honolulu for the immediately preceding calendar year will be used. Upon the effective date of this amendment, the unit price shall be $4.00 per cubic yard of excavated material. Beginning the following January 1 and every January 1 thereafter, the unit price shall be adjusted by 100% of the percentage change during the immediately preceding calendar year in the Consumer Price Second Half Index for All Urban Consumers (All Items) for Honolulu, Hawaii, as published by the U.S. Department of Labor, Bureau of Labor Statistics. If for any reason the Consumer Price Second Half Index for All Urban Consumers (All Items) for Honolulu becomes unavailable, the Consumer Price Index Average for All Urban Consumers (All Items) for Honolulu for the immediately preceding calendar year will be used.”3. SPECIAL PROVISIONS A. Insert the following new paragraph after Paragraph 10: “Unless this contract is terminated earlier pursuant to its terms, the term of the contract shall be for a period of fifteen (15) years after the Permit Date or until the landfill is completely filled as determined by mutual agreement of the parties, or closed by regulatory requirement imposed by a state or federal agency, Whichever occurs first.”AMENDMENT NO.5 8 I $0
  • j 4 B. Delete Paragraph 29 in its entirety, and insert the following new paragraph: “The performance of work or services under this cont ract may be terminated, in whole or in part, whenever the Director shall determine that termination of the contract, in whole or in part, is in the best interest of the City. In such event, the City shall be liable only for paym ent for work or services performed prior to the effective date of termination and for payments provided for in Section 34, Termination for Convenience. The termination of work or services shall be effective upon thirty (30) calendar days prior written notice to the Contractor.” C. Delete Paragraph 34, as amended by Addendum No. 3, and insert the following new paragraphs: “34. Termination for convenience. (1) The City may, when the interests of the City so require, terminate this contract in whole or in part, for the convenience of the City. The City shall give written notice of the termination to the Contractor, specifying the part of the contract terminated and when termination becomes effective. In the event that the City elects to terminate the Contractor in part for the convenience of the City and such partial termination has a material adverse impact on the Contractor, the Contractor shall have the right to require the City to terminate the entire contract for convenience.AMENDMENT NO.5 9
  • (2) Contractor’s obligations. The Contractor shall incur no further obligations in connection with the terminated work, and on the dates set in the notice of termination the Contractor wiLl stop work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work subject to the City’s approval. The City may direct the Contractor to assign the Contractor’s right, title, and interest under terminated orders or subcontracts to the City. The Contractor must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so. (3) Right to goods. The City may require the Contractor to transfer title and deliver to the City in the manner and to the extent directed by the City: (A) Any completed goods; and (B) The partially completed goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights, hereinafter called “manufacturing material,” as the Contractor hasAMENDMENT NO.5 10 118
  • specifically produced or specially acquired for the performance of the terminated part of this contract. The Contractor shall, upon direction of the City, protect and preserve property in the possession of the Contractor in which the City has an interest. If the City does not exercise this right, the Contractor shall use the Contractor’s best efforts to sell the goods and manufacturing materials. Use of this section in no way implies that the City has breached the contract by exercise of the termination for convenience clause. (4) Compensation: (A) The Contractor shall submit a termination claim specifying the amounts due because of the termination for convenience by providing an accounting of all such cost to the level of detail acceptable to the City, including, but not limited to, a breakdown by craft or positions of all direct and indirect labor costs, all fringes, all material and equipment costs, substantiated by low price bid or competitive negotiations and unit price cost as applicable, as well as cost or pricing data to the extent required by subchapter 15, chapter 3-122, bearing on the claim. The same level of detail requiredAMENDMENT NO.5 11 Ii-, 1i .
  • of the Contractor shall be provided by all subcontractors. If the Contractor fails to file a termination claim within one year from the effective date of termination, the City may pay the Contractor, if at all, an amount set in accordance with subparagraph (C). (B) The City and the Contractor may agree to settlement provided the Contractor has filed a termination claim supported by an accounting of all such cost to the level of detail acceptable to the City , including, but not limited to, a breakdown by craft or positions of all direct and indirect labor costs, all fringes, all material and equipment costs, substantiated by low price bid or competitive negotiations and unit price cost as applicable, as well as cost or pricing data to the extent required by subchapter 15, chapter 3-122, bearing on the claim, and that the settlement does not exceed the total contract price plus settlement costs reduced by payments previously made by the City, the proceeds of any sales of goods and manufacturing materials under subparagraph (3) of this clause, and the contract price of the work not terminated. The sameAMENDMENT NO.5 12
  • level of detail required of the Contractor shall be provided by all subcontractors. (C) Absent complete agreement under subparagraph (B), the City shall pay the Contractor the following amounts, provided payments agreed to under subparagraph (B) shall not duplicate payments under this subparagraph for the following: (i) Contract prices for goods or services accepted under the contract; (ii) Costs incurred in preparing to perform and performing the terminated portion of the work plus a five per cent markup on actual direct costs on the portion of the work, the markup shall not include anticipatory profit or consequential damages, less amounts paid or to be paid for accepted goods or services; provided that if it appears that the Contractor would have sustained a loss if the entire contract would have been completed, no markup shall be allowed or included and the amount ofAMENDMENT NO. 5 13 it.
  • compensation shall be reduced to reflect the anticipated rate of loss; (iii) Subject to the prior approval of the City the costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to paragraph (2). Subcontractors shall be entitled to a markup of no more than ten per cent on direct costs incurred to the date of termination. These costs must not include costs paid in accordance with clause (ii) of subparagraph (C). (iv) The total sum to be paid the Contractor under this subparagraph shall not exceed the total contract price reduced by the amount of payments otherwise made, the proceeds of any sales of supplies and manufacturing materials under subparagraph (B), and the contract price of work not terminated.AMENDMENT NO.5 14 114
  • (D) Cost claimed, agreed to, or established under subparagraphs (B) and (C) shall be in accordance with chapter 3-123.” This Amendment No. 5 shall take effect upon the date and year first written above,and except as otherwise specifically provided herein, shall apply from such effective date.All other terms and conditions of Contract No. C-48689, as amended, shall remain in fullforce and effect. AMENDMENT NO.5 15 113
  • _ IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5to be executed as of the day and year first above written. CITY AND COUNTY OF HONOLULU Fogy DiREGOR OF BUDGEIANDFISCAL SEFMCES WASTE MANAGEMENT OF HAWAII, INC. BY?7/2 Ray A. Rossetti Title Project Manager Federal LD. Number 99—0174324APPROVAL RECOMMENDED: Officer-I n-Charge Director Department of Environmental Services APPROVED AS TO FORM AND LEGALITY: MAILER.CHUN Deputy Corporation Counsel AMENDMENT NO.5 16 I
  • STATE OF HAWAII ) ) SSCITY & COUNTY OF HONOLULU ) On this 1-’’day of 19•, before me personally appeared Ray A. ,Rossetti, Project Manager, to me known to be the perso n described in and who executed theforegoing instrument and acknowledged that he exec uted the same as his ee act and deed. Theresa Petrula Notary Public, State of Hawaii My commission expires: January 4, 2002 I ii-
  • APR—23—19 iRi 07:51 AM WASTE MGMT WSTRN LEGAL FAX NO. 2D6254212 P 02/03 PR.3.1S99 93BF11 SNIFILL WASTE MANAGEMENT OF hAWAII, INC. CONSENT OF SOLE DIRECTOR The undersigned, being the Sole Director of Waste Mangcment of Hawaii, Inc.. a Hwaii cozoratiou (‘ft.he Corporation”), hereby corsents to the adoption of the following resolution without the necessity of holding a meeting of’the Board of Directors of such corporation, such resolution to have fttll force arid effect as if adopted at a nieeiing ofthe Board of Directors ofthe Corporation du]y called and held: RESOLVED, that Jonathan M. Angin bc, arid hereby i, authorized to negotiate arid execute by and on behalf of the Corporation any and all a-ccments, instrunents, documents or papers, as he may deem ppxopriate or neceBsary, pertaining to or relating to Amendment No. 5 amending Contact Io. C-4869 between the Corporation and the City arid County of Honolulu, and that any such action taken to date is hercby ratified and approved. IN WTTNESS WRERBOF, the undersied has executed this consent effective this .j day of April, 1999. • — ‘—‘ • •-‘-—---—-••“ .1 ho
  • IAPR-23-1999 FRI 07:51 All WASTE GT WSTRN LEGAL FAX NO, 2062648212 P. 03/03 NO. r. P11 i?i1T WSTRN LEGAL FAX NO 2O2648212 1 ASSISTANT SECRETARY’S CERTIflCATE WASTE MANAGEMENT OF HAWAII, INC. ,Dnc C. Woods, Assist.nt Secrctry of Waste Managcet of Hr-wU, Inc., a Hawaii corporution (“the Corporadon”), do hereby ccztlfy thai the following resolution wa adopted by the Board of Ulrectors of the Corporailon end that such xcso1iiion hs not bce emended, modified or rctolnded and ía in full farce and effect as of the date hereof: RESOLVED, that Rry Rosseul be, and hereby Is, authorized to negotlaic and excoute by arid on behalf ofthe Corporation ery an aU areenicnt, isument, documents or papers, as he may deem appropriate or nccesary pertaining to or reIetig to meridmcntNo. amendirg 3 , Contuct No. C-4S6&9 between the Corporation and the City aid eourity of 1-Ionolu’u, and that any such action takcn to date i hereby ratified and approved. Dated: ApriIj., 1999 Assistant Scczcrary 109
  • EXHIBIT 1-A a b c d e f g h Year Solid Waste Unit Price axb Ash & Residue Unit Price dxe c&f pw Factor gxh (11) 1999 165,000 $12.00 $1,980,000.00 170,000 $10.00 $1,700,000 $3,680,000.00 1.00000 $3,680,000.00 (12) 2000 166,650 $12.51 $2,084,791.50 173,400 $10.43 $1,808,562 $3,845,353.50 0.95238 $3,707,952.01 (13) 2001 168,300 $13.04 $2,194,632.00 176,800 $10.87 $1,921,816 $4,116,448.00 0.90703 $3,733,741.83 (14) 2002 170,000 $13.60 $2,312,000.00 180,400 $11.33 $2,043,932 $4,355,932.00 0.86384 $3,762,828.30 (15) 2003 171,700 $14.18 $2,434,706.00 184,000 $11.81 $2,173,040 $4,607,746.00 0.82270 $3,790,792.63 (16) 2004 173,400 $14.78 $2,562,852.00 187,700 $12.31 $2,310,587 $4,873,439.00 0.78353 $3,818485.66 (17) 2005 175,150 $15.41 $2,699,061.50 185,000 $12.84 $2,375,400 $5,074,461.50 0.74622 $3,786,664.66 (18) 2006 176,900 $16.06 $2,841,014.00 186,000 $13.39 $2,490,540 $5,331,554.00 0.71068 $3,789,028.80 (19) 2007 178,700 $16.74 $2,991,438.00 186,000 $13.96 $2,596,560 $5,587,998.00 0.57684 $3,782,180.51(20) 2008 180,500 $17.45 $3,149,725.00 187,000 $14.56 $2,722,720 $5,872,445.00 0.64461 $3,785,436.77(21) 2009 182,250 $18.19 $3,315,127.50 187,000 $15.18 $2,838,660 $6,193,781.50 0.61391 $3,777,871.68(22) 2010 184,100 $18.96 $3,490,536.00 188,000 $15.83 $2,976,040 $6,466,576.00 0.58468 $3,780,877.66(23) 2011 186,000 $19.77 $3,677,220.00 188,000 $16.50 $3,102,000 $6,779,220.00 0.55684 $3,774,940.86(24) 2012 187,800 $20.61 $3,870,558.00 190,000 $17.20 $3,268,000 $7,138,558.00 0.53032 $3,785,720.08(25) Total (sum of lines 11 thru 24) $52,756,521 .51(26) Composite liner 400,000 square yards @ $28.51/square yard $11,404,000.00(27) Excavation 8,000,000 cubic yards @ $4.00/cubic yard $32,000,000.00(28) Total (add lines 25 through line 27) $96,160,521.51 4:
  • SCOPE OF SERVICES AN D SCHEDULE WAIMANALO GULCH SA NITARY LANDFILL SITE EXPANSION AN]) CELLS 4C & $ CONSTRUC TION In accordance with the terms and conditions of the Servi 1994, RUST Environment St ces Agreement (SA) dated Infrastructure (RUST E St October 27, necessary to accomplish the I), Irvine, agrees to perform following objective. the services • OBJECTIVE: RUST E & I, Irvine, will de velop a conceptual desig •of the Waimanalo Gulch Sa n for the horizontal and ve nitary Landfill based on the rtical expansion already performed. A set preliminary study that RU of documents and drawi ST E St Ihas regulatory approval for the ngs will be prepared by RUST construction of cells 4C an E & I to obtain Removal System (LCR d 8 Liner and Leachate Co S) based on the conceptual llection and • in aàcordance with USEPA design. These documents wil Subtitle D, 40CFR25 8.40 l be developed • revised Statutes; and Title (Design Criteria); Chapter Ii, Chapter 58, Solid Wast 342H, Hawaii also provide technical su e Management Control. pport for the construction RUST B St I will.. project. . .. The followmg tasks have be en broken down into two ph by RUST E St L Estimate ases of engineering work to d costs have been assign be performed major tasks for the second ed to the tasks for the first• phase of work have been ide phase of work, to them since work for tha ntified, but no cost have t phase may be performed been assigned • necessary at the time of ex in segments or each task as a whole as ... ecutiott • PHASE I TASKS The PHASE I tasks for RU ST E & I to achieve the imme diate project objective are as fol lows TASK 1: PRELIMINARY STUDY • AND CONCEPTUAL DESIGN DEVELOPMJLN—_ $ 3OO,O-. .• V. V RUST E & I will perform the following subtasks under this tas k: waimanal.ppl 10194 EXH 18119
  • A: Preliminary Study In April May of 1994, RU - ST B & I had performed asite at Waimanalo Gulch San preliminary study for expans itary Landfill. That study ion of theadditional 6,770,000 cubic indicated that the site could yards of airspace by excava yield anmaterial outside the curren ting 3,820,000 cubic ya t permitted design excavatio rds of native n limits.RUST B & I performed a second preliminary study inTOTAL SITE EXPANSION the month of October, (both horizontal and vertical). 1994, for a similarone in respect to using a This study differed from 1:1 (horizontal : vertical) exc thepreviousutilizing the unlined areas avated and lined sidesl of the currently permitted lan opes nd alsothe site could yield approxim dfill footprint. According ately 15,570,000 cubic ya to this study,permitted site capacity. Th rds of .airspace in additio is would require a site excava n to the currentlyyards as compared to Jul tion of approximately y, 1994 topographic condit 8,500,000 cubicincludes the proposed add ions.. This estimated exc itional excavation for 1:1 avation quantityfootprint area (currently unl sideslopes within the ined areas only). permitted landfillB: Conceptual Design Develop mentRUST E .& I will develo p a conceptual design for thehorizontal and verticaL) for “TOTAL SITE EXPANS the site based on the preliminary ION” (both(see. attached dravings). Th study performed by RU is task will il3volve, but not lim ST E & I ited to, the following act ivities: • site visits and inspections to ide ntify site conditions • available geologic data analys is V • available weather data analys is V preliminary surface water drainage calculations and design • preliminary slope stability calcul ations • development of conceptual gra ding plans for excavation and liner & LCRS • conceptual design. development of final fill grades • conceptual design development of typical Liner, LCRS, and V cov er details • volumetric caLculations to estimate the excavation quantities, airspa refuse fill capacity, final cover vol ce generated, ume, estimated soil requirement interim cover, and site Life calculatio s for daily and ns. Vwaarnanai.ppl 2 10194 - 1 EXBT’ B
  • The deliverables for this task will be, but not limited to, as follows: • l’=2OO’ scale drawing showing the overall excavation grades for the site. • 1”=200 scale drawing showing the liner grades and the LCRS layout. • Site cross-sections at l”=l00’ scale at IÔOO’ intervals with a baseline shown on all the plans mentioned above. • Preliminary details for Liner, LCRS, and final cover at suitable scales. - V • V Preliminary design report for the expansion projectAll drawings mentioned in this scope of work will be developed by using the INTERGRAPHMICRO STATION CADD system, and all volumetric calculations will be performed by using theINTERGRAPH INROADS Digital Tetrain Model. The volum e calcülaions will be furtherchecked manually for accuracy. The topography to be used for the conceptual design will be theJuly, 1994 aerial topography prepared by Walker & Associ ates of Seattle, Washington. Alldrawings will be presented in the standard 30” X 42” format.C: Project Managenlent and workplan VProject management for this project will be handled by Mohammed Quasem under the directionof Alt Mehr for the following RUST E & I activities related to the above mentioned subtasks: •• to develop a workplan for this project V • V V • to arrange for meetings with site personnel • to arrange and conduct project meetings with RUST personnel involved in this project V V V • to organize design development and preparation of plans and specifications • to arrange and conduct periodic project progress reviews to ensure proper quality control V • toarrange for the production and delivery of project deliverables on a timely manner V V• V • to coordinate the project with owner, contractor, and agency officials • to track and manage the RUST E & I project expenses waimanal.ppl 3 10/94 1.05 B
  • UST E & I proposes to begin work on this task starting in the first week of November, an estimates that the task will be com pleted by the end of March, 1995.I TASK 2: REGULATORY AGENCY APPROVAL ONSTRUCTION OF CELLS 4C AND $ 5O,OfJOI The object of this Cell 4C and Cell 8 k is to obtain approval from the regulatory agen cies fir e construction of redesigned based on the conceptual design. mentione& above. RU develop according to task3. E & I assumes that work on this task will begi conceptual design has be n approved and acce this task is by the May, 19 unmediately after the pted by the owner. The stimated com pletion of This task will involve the services of . ST E & I to perform the following:.I . . a) Develop a test plan to eval te alternatives for methods r construction of the excavatio nI and lining of the proposed I. (horizontal : vertical) deslopes. b) Execution of plan per item a) to• entify method f constructioa. c) Develop configurations of slopes, ro , an andfill bottom grades for cells 4C and based on the &thceptual design mention 8 ye. d) Development of permit plans to be su ort by technical documentation including: Slope stability of the propo ed cut slope • Sideslope liner stability • Feasibility of usin gunite lining of the excavated ideslopes • Onsite review construction methods with agency o ials. e) Obtain regulatory proval for the revised design. TASK 3: CO STRUCTION DRAWINGS, QAP, AND TECHIIICA L S 80,000 S PPORT FOR CELLS 4C AND 8 CONSTRUCTION RUST B & will perform the services for the following items under this task: a) odify permit drawings to fit current topographic conditions and as-built conditions o neighboring cells (for liner and LCRS t[e-Lns). waimanat .pp 4 10/94 104 B
  • - I b) Prpare a set of construction drawings for cells 4C and 8 Liner & LCRS. The deliver will”jplude the foLlowing: abi s • “i40’ scale drawing showing the exc avation grades for the construction ea, a lit of survey control points. This dra and wing will show the latest avail le topo1hy as he background existing con aerial dition. • 1 “=40’ sIe drawing showing the grades for the top of liner d LCRS pip trench layouLThe excavation grades from e the previous dra will be shown as the backgrounexisting condition. A list of control points 11 be provided survey staking a4 for quality control. • A minimum of• t site cross-secti ons will be rovided for the area development showing e existing gra of des, the ex ation grades, and the top liner grades. The sections ‘Il also of show the loca n(s) of the LCRS pipe trench. • Construction details showing e bot tom and ideslope liners, tie-in with exis liner systems of neighboring cc s, LC ting RS ipe trench, and temporaiy drainag structures (if necessary), and liner oh e trenches will also be -provided as part of the constructIon drawings. c) RUST E &, I will develop the Quality uran Plan (QAP) for the constructio • installation: of the liner and LCRS n ‘and fo cells 4C d 8. The QAP shall contain the • Technical Specifications and the Qua• Assurance ual (QAM) for this project. The QAP will have a section for Adde a issu ed by the en neer due to any change in QAP befàre or during the cons the tion of this project. d) RUST E & I will provide technical sup port during the construction phases of this roject. Ser vices shall include the attending proje meetings, at the site to answer questiol relating to the construction awings and documents support c nstruction activities by being ava ilable to the site to clarify any iss es raised during construction iss engineering changes, directives, minor revisions of drawings to ‘ect c anges in actual field conditions provide quantity calculations basedW’ftëM survey info rmation. wamanaI.ppt 103 5 10/94 EXHIRIT B
  • TASK 4: EXTRA WORK ALLOWANCE $50,000RUST E&l will perform various engineering design and CQA services at the request ofrepresentatives. RUST E&I services will owner include but are not limited to preparationplans, engineering design, field and office of work CQA services, and reports; performing analystudies; attending meetings with the site and sis and regulatory agencies; cSpying, drafting, mailtravel expenses. ing andThe scope, budget, and schedule for the work requested will be prepared and agreed byE&1 and Waimanalo Gulch Sanitary Lan RUST dfill representatives prior to start of work by issuiattached Work Order form. ng theThe authorized RUST E&I representatives who will prepare the Work Order will beand Mohammed Quasem. Mi MebrThe Work Order will be prepared and subm itted by the following day that the work is requ ested.No work will proceed until the Work Orde r has been submitted and agreed by therepresentative. Owne?swaimanaippi 6 10/94 I U B
  • _______ ________ I I WAIMANALO GULCH SANITARY LANDFILL TASK 4: EXTRA WORK ALLOWANCE WORK ORDER NUMBER________ WORK ORDER NAME_________________________This Work Order (WO) is made this date between RUST Environment &Infrastructure (CONSULTANT) and Waimanalo Gulch Sanitary Landfill (OWNER) for -theabove identified agreement.Work Order DescriptionRUST E&I and Waimanalo Gulch Sanitary. Landifil representativ es aknowledge thefollowing scope of work. Budget to complete the work to satisfaction of WGSL representative $___________ Date to complete the work to satisfaction of WGSL representative 199 (Agreed by RUST E&1) - (Agreed by WGSL Rep) By________________________ By Date Date 101 waicIanaI.ppI 7 LO/94
  • I I TASK 5: SITE EXPANSION FIN AL DESIGN [ALLOWANCE ONLY $ 500,000 ON HOLD - I RUST B & I will develop the fina l design for the TOTAL SITE EX conceptual design developed under PANSION based on the TASK I. This task will involve the the minimum: following subtasks at A: Final Design Development RUST E & I will perform the following activities for the develop the Waimanalo Gulch Sanitary ment of the final design for lAndfill TOTAL SITE EXPANS ION: • extensive research of all regulat ory requirements,: particularly the 40CFR258; Chapter 342H, Haw USEPA aii revised Statutes; and Title Solid Waste Management Con 11, Chapter 58, trol • site visits and inspections to properly identify actual site conditi ons • site geologic data analysis (ta sk 8 may be required) weather data research and analysi s V • sufface water drainage calculation s and design including perimeter channel and structures, drainage drainage terraces and benches on the final downdrains etc. fill slope, V V • groundwater hydrology data ana lysis (task 9 may be required) • HELP model analysis for leachate generation prediction and LCRS des including sump sizing and leachate ign collection pipe hiyout • slope stability calculations for typ ical cut slopes and refuse fill slopes, sideslope and final cover V V • design development of details for bot tom and sideslope liners, LCRS, final cover, and drainage structures • development of the detailed grading plan for site excavation • development of the final design for the LCRS layout, surnps and riserswnmanal.ppI 8 I 10/94
  • development of the detailed final grades plan development of the construction, excavation, and fill phasing plans with input from the site personnel • preparation of the revised SITE OPERATING PLAN based on the proposed changes to the site development plans • preparation of a final design report for the projectB: Preparation of PlansRUST B & I will prepare a complete set of the SITE DEVELOPl1ENT PLANS based on theproposed TOTAL SITE EXPANSION design mentioned above. The deliverables shallinclude, but not limited to, the following: 1” 100’ scale drawings of the overall site excavation • I” = 100’ scale drawings of the liner and LCRS layout • V = 10(Y,.scale drawings of the site final grades 1” = 100’ scale drawings of the site drainage systems • 1’ 50’ scale site cross-sections at 500’ intervals with a baseline shown on, all the plans mentioned above • 1” = 200’ scale plan showing construction phases for the development of the site V • Finalized details of the liner system, LCRS, sumps, risers, drainage, and final cover at suitable scales V V V Final design report for the expansion project V All drawings mentioned in this scope of work will be developed by using the INTERGRAPH MICROSTATION CADD system, and all volumetric calculations will be performed by using the INTERGRAPH INROADS Digital Tënain Model. The vo1Vumc-calculations will be further checked manually for accuracy. The topography to be used for the conceptual design will be the July, 1994 aerial topography prepared by Walker & Associates of Seattle, Washington. All drawings will be presented in the standard 30” X 42” format. waimanal.ppl 9 10/94 9 EXH:IR1T B
  • 4 4 PHASE II TASKS The tasks mentioned in this section are the identification of work for the second phase engineering; costs for these tasks have not of been assigned to them. The following are the to be performed by RUST B & I as part of the tasks PHASE II work: TASK 6: ENVIRONMENTAL IMPACT STATEM ENT The Environmental Impact Statement (Els ) for the proposed TOTAL SITE EXPANS the Waimanalo Gulch Sanitary Landfihl• ION of will be developed by a local (Hawaii) engi consulting firm to be contracted to RUS neering T E & I and agreed upon by the owner. The should include the following items at the EIS minimum (unless otherwise agreed upon): • Description of the proposed project • Description of the landfill site • Relationship of the proposed action to land use plans, poliàies and controls for areas • Anticipated environmental impacts and mitig ative measures to be taken to - minimize adverse impacts • Probable adverse environmental impacts whic h cannot be avoided • Alternatives to the proposed action An indication of what other interests and cons iderntions of governmental policies are thought to offset the adverse environm ental effects of the proposed action TASK 7: CONSTRUCTION QUALITY ASSURANCE (CQ A) SERVICES RUST E & I will provide the CQA services to ensure the quality control for the construction of the liner and LCRS. This task will involve the following subt asks for each phase of construction: wrnana1.pp1 10 10/94 9 EXH1BJT B
  • A. CQA Project Management This subtask will include project preparation and project management activities associated with construction quality assurance (CQA). The CQA Manager will be Douglas Brewer and he will represent RUST £ & I under the direction of Ali Mehr. The following activities will be performed by Doug Brewer under this task: • Review plans and specifications as required by the QAM • Attend pre-construction meetings at the site • Attend project meetings at the RUST E&I Irvin e office to develop work plan • Office preparation of field forms and assembly of field equipment. • Schedule and coordinate CQA monitors to obse rve all field activities as required by the project QAM. • Schedule and coordinate required soils and geos ynthetics laboratory testing• programs. • Track and’rnanage the CQA labor costs, laboratory costs • and other necessary expenses.• The CQA project manager will be supported by administ rative staff as necessary. B: CQA Field Services - Subgrade Preparation This subtask will include observations and documentatio n of the earthwork activities relating to the preparation of the liner subgrade. Activities will also include field surveying of the finished subgrade to ensure proper grading per project QAP. C: CQA Field Services - Soils This subtask will consist of providing a Soil Quality Assurance Engineer (QAE) and Soil QA monitors for quality assurance of the soil components construction of cell 4C and cell $ project. The following activities will be performed under this task: • Provide quality assurance observation and testing of the liner base placement in accordance with Section 4.0 of the QAM • Provide quality assurance observation of the protective soil cover placement in wa.rnanal.ppl 11 10194 9 iB
  • accordance with section 6.0 of the QAM. Provide quality assurance observation and testing of the drainag placement and drain rock pla e layer cement in the LCRS pipe trench in with section 5.0 of the QA accordance M. • Preparation of daily field reports • by field personnel and weekly rep Soils QAE. orts by theD: CQA Laboratory Testing of SoilsLaboratory testing will be perform ed on the soil components ofrequirements of the QAP have the projects to assure that the been met. Test types and frequenaccordance with the project cies will be performed in specifications and Sections 5.3laboratory testing will be perform and 6.3 of the QA.M. Soils ed by RUST B & Fs Palolaboratory agreed upon by RU Alto .laboratory or a certified soi ST B & I and the owner. ls CQA Field Services - GeosyntheticsThis subtask will it’of providing a GeosyntheticGeosynthetic QA monitors for Quality Assurance Engineer (QA quality assurance of the geosyn E) andThe following activities will be• thetics components installation performed under this task: . The geosynthetic QAB and QA monitors will be on site full time monitor, sample arid test the Geo to document, synthetic Clay Liner (GCL) during in accordance with Sections 1.2. installation 7, and 13.0 of the project QAM. • RUST personnel will be on site . full time to document, monitor, the Geomembrane and Geotextile sample and test components of the liner system dur installation accordance with Sec ing tions 1.2.7, 9.0, and 10.0 of the QAM. • Preparation of daily reports by the QA staff and a weekly report by the QAE.F: CQA Laboratory Testing of Geosy ntheticsLaboratory testing will be performed on the geosynthetics components of theassurc-ttmrequirements of tI1QA projects to P have been met. Test types and frequenperformed in accordance with Sections cies will be 9.0, 10.0 and 13.0 of the QAM. Geosynthetlaboratory testing will be performed ics by RUST E & l’s Cincinnati laboratory or ageosynthetics laboratory agreed upon certified by RUST E & I and the owner. 9(5wairnanal.ppt 12 10194
  • ‘ ( G: CQA Survey Services 1• RUST E & I survey crew will assist the CQA crew to ensure proper grading per the project plans and specifications, and also to collect data for the preparation of Record Drawings builts) to be included in the final CQA report. (as H: Final CQA Documentation Report This subtask will consist of preparing the final CQA documentation report at the conclusion of construction. The following activities will be perfo rmed under this task: Prepare a final CQA documentation.report in accordance with Section 2.5 of the QAM. Office work to prepare the record drawings base d on surcrey data obtained during field survey (Subtask G) will be performed to provide the record drawings. Provide record drawings of the subgrade, top of liner and details as required by the QAM and include in the final report.• •:. .• Prode pject management CADD, and adm inisilve support toward preparation of the report. Administrative, drafting and graphic support towa rd preparation of the report.. • • Provide a draft repo and upon review and appr • oval of the site, the fmal report stamped by a registered professional engineer certifying the construction was performed in accordance with the project QAP . The final ocumentation reports will be available within 15 working days after the completion of all construction and laboratory testing. If requ ested, a preliminary draft report can be issued earlier. . TASK 8:. SJTE GEOTECHNICAL INVESTIGATION RUST E & I (or local engineering/geotechniça[ consultants contractcd-to RY& T-E-& I and agreed upon by the owner) shall perform geotechnical investigation of the site according to requirements for design development of the expansion project. Specific deliverables have not been identified yet, but should include the following at the minimum: .2 r waimanat.ppt 13 10194 EXH1IT B
  • • Site Geotechnical Plan (at least of the expansion area) • Site Geotechnical Cross-sec tions • Site Geotechnical Investigatio n ReportTASK 9: SITE HYDROGEOLOGICAL INVESTIGATIONRUST B & I (or local con sultants contracted to RUshall conduct a thorough ST E & I and agreed upon hydrogeological investigatio by the owner)for design development of n of the site pertaining to the expansion project. Sp requirementsdeliverables will be identi ecific items to be investiga fied by RUST B & I (desig ted and task n engineer) as necessary.TASK 10: GAS COLLECTION AND RECOVERY SYSTEMRUST B & I shall perform design development and precollection and reccxverjy paration of plans for a comple stem for the Wáimanalo Gu te gasdesign for the expansion pro lch Sanitary Landfill based on ject. The major subtasks are the final , but not limited to, the fol lowing: A. Conceptual Gas. Cillection & Recovery System Plan B. Regulatory Agency Approval C. Gas Collection Wells Desig n & Installation D. Gas Collection Laterals and He aders Design and Installation B. Gas Flare Station Design & Ins tallation 14 EXH1F1T 8
  • I ‘ •1 TASK 11: GAS MONITORING SYSTEM RUST E & I shall deve lop the design and prep for the landfilL The prim are the plans for the G aiy subtasks for this task as Monitoring Syste s are, but not limited to, m the folLowing: A. Perimeter Probe Desig n & Installation B. Gas Monitoring Plan DETAILED SCOPE OF WORK AND ASS FOR THE PHASE II OCIATED COSTS FO ENGINEERING SERV R EACH OF THE TA I AS THE WORK BE ICES WILL BE DEVEL SKS COME NECESSARY OPED BY RUST B . & watmanal.pp( 9’ V 15 10/94
  • tIi k VI $ C’4VIVI .. !;tJ.
  • SECTION A-A’ — — foO .1*0 PrPosO I))AL &A- N “C’, I’ L PROSE aXCAYAThN A’E 3cc) WAIMAWt..O (ULI AITA LA)DFH.L STU F OThL I1t XPA’O,J pp.b,cD D’1’ RUST 4T, tvi’J. PAT: Io-i4
  • SECTION B-5’ 1UL.y I4 PP.C’iED FI’JA- G4.At £03 YtAIl,W3bJ- G.UL4 c.NJ%TA L.AAJFILL PLIMI1IAP.( TL4UYT TDThL. S1T EXPAJ5lo,%J rrMco e’r tUT £..t, iRVijJTh DAtb: m I
  • S SEC T/O/J c-c, P0PS PtIJAt.. ritE FILJL — —----- - - - - :: ‘:rr m I L,O lJ?L.D 1 WPlI’J GULCH SJ ITALY LAJJPI L L pgL,4INg.’- SUDt’ P0g. 1TAL rr PA,.JSoN rrtD I3 RUST .X, r-v!kw OAT: fO-1-’4ODcc
  • CONTRACT NO. 48G8 C £) AMENDMENT NO. 4 THIS AGREEMENT, made this .2. day of A t I 1996, by and between the CITY AND COUNTY OF HONOLULU, a municipal corporation of the State of Hawaii, hereinafter called the “CITY,” and WASTE MANAGEMENT OF HAWAII INC. of 91-310 Hanua Street, Ewa Beach, Hawaii 96706, hereinafter called the “CONTRACTOR”; WITNESSETH THAT: WHEREAS the parties hereto have enter ed into an Agreement identified asContract No. C48689, for the Contractor to Provide Services to Operate and MakeImprovements to the Waimanalo Gulch Sanitary Landfill, Ewa, Oahu, Hawaii, for theCity; and V WHEREAS the payment for services is base d on the landfill tonnage tabulatedand reported by the City; and WHEREAS in 1994, the tonnage reported was found to be incorrect for theperiod from January 1990 to October 1993 , which resulted in the City overpaying theContractor; and VAMENDMENT NO.4 1 85
  • WHEREAS both parties agreed to the amount of $1,604,595.84 as theoverpayment; and WHEREAS the Department of Public Works now wishes to establish arepayment schedule; and WHEREAS the Contractor is ready and willing to accept a repayment schedule; NOW, THEREFORE, in consideration of the mutual promises herein set forth, itis hereby understood and agreed by and between the parties hereto to further amendContract No. C48689 as follows: I. Minimum Specifications. A. Delete Paragraph 18 in its entirety and add the following newParagraph 18. OVERPAYMENT: Both parties agree that an overpayment of $1,604,595.84 to theContractor was caused by a programming error in the City’s computer system duringthe period 1990 to 1993. A payment of $229,814.19 was made in July 1994 bycredit to the City’s payment of the contractor’s operating service fees, leaving a balance of $1,374,781.65. This balance shall be repaid in four payments by the Contractor as credit to the City’s monthly payment due the Contractor as operating fees beginning with the monthly operating service fee for July 1996. AMENDMENT NO.4 2 84
  • The payment schedule will be as follows: Beginning Payment Outstanding Payment Date Balance Amount. Amount July 1994 $1,604,595.84 $229,814.19 $1,374,781.65 July 1996 $1,374,781.65 $343,695.00 $1,031,086.65 January 1997 $1,031,086.65 $343,695.00 $687,391.65 July 1997 $687,391.65 $343,695.00 $343,696.65 January 1998 $343,696.65 $343,696.65 0.00AMENDMENT NO.4 3 83
  • IN WITNESS WHEREOF, the parties hereto have caused this contractamendment to be executed as of the day and year first above written. CITY AND COUNTY OF HONOLULU By___________ WASTE MANAGEMENT OF HAWAII, INC. By_________________ Title t/4 )hlfr Federal I.D. Number 7’(3 ).7’ /o- 9?APPROVAL RECOMMENDED: 24Officer-In-Charge ALCDirector and Chief EngineerDepartment of Public WorksAPPROVED AS TO FORM AND LEGALITY: T. LOWELL W0LDeputy Corporation CounselAMENDMENT NO.4 4 82
  • 48689 AMENDMENT NO. 3 THIS AGREEMENT, made this day ofitUWOkj 1 99, by andbetween the CITY AND COUNTY OF HONOLULU, a municipal corporation of theState of Hawaii, hereinafter called the “CITY,” and WASTE MANAGEMENT OFHAWAII INC. of 91-310 Hanua Street, Ewa Beach, Hawaii 96706, hereinafter calledthe “CONTRACTOR”; WITNESSETH THAT: WHEREAS the parties hereto have entered into an Agre ement identified asContract No. C48689, for the Contractor to Provide Serv ices to Operate and MakeImprovements to the Waimanalo Gulch Sanitary Landfill, Ewa , Oahu, Hawaii, for theCity and County of Honolulu; and WHEREAS the payment for services is based on the landfill tonn age tabulatedand reported by the City; and WHEREAS in 1994, the tonnage reported was found to be incorrect for theperiod from January 1990 to October 1 993, which resulted in the City overpaying theContractor; and WHEREAS the Department of Public Works now wishes to settle theoverpayment to the Contractor; and
  • WHEREAS the Contractor is ready and willing to accept a repayment plan ; NOW, THEREFORE, in consideration of the mutual promises herein set fort h, itis hereby understood. and agreed by and between the parties hereto to further amendContract No. C48689 as follows: I. Minimum Specifications. A. Add Paragraph 18. OVERPAYM ENT: Both parties agree that an overpa yment of $1,604,595.84 to theContractor was caused by a programm ing error in the City’s computer sys tem duringthe period 1990 to 1993. This amo unt shall be repaid over a four-year period, fromAugust 1994 through July 1998, by cash or with in-kind services whi ch will benegotiated by both parties at the tim e the transactions occur. At the end of thefour-year period, the Contractor shall pay the remaining balance by check on July 31,1998.
  • IN WITNESS WHEREOF, the parties hereto have caused this contractamendment to be executed as of the day and year first above written. CITYAND COUNTY OF HONOLULU V By WASTE MANAGEMENT OF HAWAII, INC. V ByfA’é Title DIVISION PRESDENT V Federal 1.0. Number 99—0174324APPROVAL RECOMMENDED: -Officer-In-ChargeDirector and Chief EngineerDepartment of Public WorksAPPROVED AS TO FORM AND LEGALITY: ChRIS i.Deputy Corporation Counsel /2- /
  • COTRACTNO. 439 CB) AMENDMENT NO. 2 THIS AGREEMENT, made this day of Jie’ , 1994, by andbetween the CITY AND COUNTY OF HONOLULU, a municipal corporation of the Stateof Hawaii, hereinafter called the “CITY,” and WAST E MANAGEMENT OF HAWAII,INC. of 98-021 Kamehameha Highway, Aiea, Hawai i 96701, hereinafter called the“CONTRACTOR”; WITNESSETH THAT: WHEREAS, the parties hereto have entered into an agreem ent, identifiedas the Memorandum of Understanding for Contract No. C-48689, for the Contractorto Provide Services to Operate and Make Improvements to the Waimanalo GulchSanitary Landfill, Ewa, Oahu, Hawaii, for the City and County of Honolulu; and WHEREAS, in reference to Item 5 of that agreement, “Compliance WithLaws And Permits, Price Adjustment For Additional Work, Minimum SpecificationSection 9 (A),” changes in the Federal Resource Conservation and Recov ery Act(RCRA) Subtitle D Regulations, which became effective October 9, 1993, haveimposed more stringent conditions than those in the proposed rules as they existedon the date of the bid submittal; and —1—
  • WHEREAS, the Department of Public Works now wishes to amend saidcontract to add certain additional responsibilities of the Contract or to satisfy the newregulations; NOW, THEREFORE, the City and the Contractor, in consideration of themutual promises hereinafter set forth, hereby agree to amen d Contract No. C-48689as follows: 1. In Exhibit I of Addendum 3: Delete EXHIBIT I in its entirety and, in lieu thereof, insert the attached revised EXHIBIT I. 2. In the MINIMUM SPECIFICATIONS as revised by Addendum 3: Add the following as the second paragraph of Section 3 of the Minimum Specifications, LANDFILL DEVELOPMENT: “For solid waste cells constructed after October 9, 1993, the Contractor will be required to install a composite liner, or an alternative performance-based geosynthetic design approved by the State, on the bottom of the solid waste -2-
  • cells. The City will pay the Contractor to furnish and install the composite or performance-based geosynthetic liner pursuant to Line 1 7A of EXHIBIT 1. Any composite liner will consist of, at a mini mum, a synthetic liner over 2 feet of clay, with a leachate collection system above the synthetic liner. The synthetic liner shall be a flexible membrane liner designed for landfills and shall be a minimum 60-mils thick. The two-foot thick clay shall have a hydrauliô conductivity of no more than 1 x 1 o- cm/sec. The leachate collection system shall consist of collection lines resting on the synthetic liner and covered over with drainage material. Sufficient drainage material shall be installed to protect the leachate collection lines from being damaged by the landfill operations. The Contractor shall be paid only for the actual. area of composite or performance-based geosynthetic liner installed.” It is further agreed that, except for the amendments set forth herein above, allother provisions of Contract No. C-48689 shall remain in full force and effect. -3-
  • IN WITNESS WHEREOF, the parties hereto have cause this contract amendmentto be executed as of the day and year first above written.. CITY AND COUNTY OF HONOLULU WASTE MANAGEMENT OF HAWAII, INC. Federal I.D. Number: 99—0174324APPROVAL RECOMMENDED: r OE’PICIAL SEAL Joetta 0. Brooks 1 NOTARY PUBLIC CALIFORNIA I jcomøresoeci - ORANGE COUNTYOff icer-ln-c*argeDirector and Chief EngineerDepartment of Public WorksAPPROVED AS TO FORM AND LEGALITY: cAssociate corporateCiseI Deputy Corporation iinsé1 -4-
  • WASTE NANAGEKENT 01 HAWAII, INC. EXHIBIT I a £ g ii i a b c d unit pw pw solid unit ash & residue price dx. C • f factor gxh year waste price a x b(1) 1989 468000 ‘1.’t3 0 0 —0— • 3i?,’1D 5 1.00000 ‘_£.‘0.95238 H I?C)C’SZ.(2) 1990 276000 4 I48 H ‘1ZZ,Vg3- 73000(3) .1991 111000 * 4 s,?9i4’1O’ 140000 II 13.51 Hjr,i,qov 3.’i’iO..0.90703 H________ U,,9(fL .3O. 3oLj5- 0.86384 11 3 Wi.’e’9(4) 1992 113000 U ‘S I 42of.790 - 142000 l’1.OV ‘ 114000 fl..b R&’’ 143000 ø4c’.VlO U_q, 082270 ’’ j 1 0 _____ ____(5) 1993 U________ IL3) I Z,lP’/,.SOo, 146000 IZ,j3SCC?.U(6) 1994 115000 U i’W1 4 Z,Z13,2Q, 148000 I6.’ ‘ c)i.o 0.74622(7) 1995 116000 - 43?,I&)1 149000 iL.L3 ‘d U.1.9QE’OV 0.71068 N .4.kI7-(8) 1996 117000 0 ‘ ‘ - g Z’W’1?3.V’ 151000 H g?.-il P_5,Pi’5,6O-O. ?6B 4 6 jI r 4 - Zi9,3’vO 1(9) 1997 118000 U Z,5?47O 7111O’ I530Q.0.64461 ,(10) 1998 119000 • ZI.LZ- ‘ 153000 0 Z?O’i () ‘ 155000 W 18.8$ 2,I. ? - H ‘5’ 0.61391 1’5(11) 1999 120000 4 ‘9.’ 4!c15,o50 H3,ZV,.’O0.5846$ H.a1a,.3o5 -(12) 2000 121000 0 Z.5O ‘ J_zsr3oo257o0o ‘ 122000 - 2?37.COQ’ 158000 1120 H.,Z,WZ(Y 0.55684 -(13) 2001 4J9• 15 r3O-0 53032 ,‘12,bl3(14) 2002 125000 ‘ 3 0 j6ov’ 158000 14701570’ 158000 ‘ 5.bO- ‘0.50507(15) 2003 139000 4 2ö / . (16) Total (.u of hues 1 thru 15) 28.Z5 Jag. yd. $ 2,825,000 (17) Coaposit. lin.r 100,000 Sq. Yds (hA) c.poaite liner 137,400 sq. yds. 8 $ 28.51 I.. yd. $ 3 917 274 (18) Total (add line 16 to line 17) ‘ ‘ — BASIC BID $61,759,601 OPTION 1 (19) Contractors pay.nt for land . . (20) BASIC BID - Option 1 $61,759,601
  • EXHIBITJ a. b. C.. d. e. f. g. Solid Ash and Waste Unit Price LL.. fjdue Unit Price dxe1. 1989 468,000 —0— —0— —0—2. 1990 276,000 13.0003. 1991 111,000 See Note b 140.000 See Note e4. 1992 113,000 See Note b 142.000 See Note e5. 1993 114,000 See Note b 143,000 See Note e6. 1994 115,000 See Note b 146,000 See Note e1. 1995 116.000 See Note b . 148,000” See Note e8. 1996 117.000 See Note b 149.000 See Note e9. 1997 118,000 See Note b 151,000 See Note e10. 1998 119,000 See Noteb 153,000 See Note e11. 1999 120,000 See Note b 155,000 See Note e12. 2000 121,000 See Note b 157,000 See Note e13. 2001 122.000 See Note b 158,000 See Note e14. 2002 125.000 See Note b 158,000 See Note e15. 2003 139.000 See Note b 158,000 See Note e TOTAL SUN BID FOR ITEM NOS. 1 THROUGH 15NOTES: a. Estimated solid waste tonnage per calendar year. After 1990. approximately 40,000 tons will be brought in during a 6 week period- with the remainder distributed throughout the year. b. Unit price for solid waste. Unit price shall be as bid by Contractor until December 31. 1990, thereafter beginning January 1, 1991 and as of each January 1st thereafter the unit price shall be adjusted by 15% of the percent change, during the imeediately preceding calendar year in the Consumer Price Index for All Urban Consumers (All Items) for Honolulu, Hawaii,. as published by the U.S. Department of Labor, Bureau of Labor Statistics. For bid purposes only the Consumer Price Index shall be assumed to increase 5% a year and therefore, the unit price will be the previous year multiplied by 1.0375. c. Estimated solid waste tonnage multiplied by solid waste unit price. d. Estimated ash and residue tonnage per calendar year. e. Unit price for ash’ and residue. Unit price shall be as bid by Contractor until December 31, 1990. Thereafter beginning January 1, 1991 and as of each January 1st, thereafter the unit price shall be adjusted by 15% of the percent change, during the invnediately preceding calendar year in the Consumer Price Index for All Urban Consumers (All Items) for Honolulu. Hawaii, as published by the U.S. Department of Labor, Bureau of Labor Statistics. For bid purposes only the Con Price Index shall be assumed to increase 5% a year and, therefore, the unit pri Il be the previous year multiplied by 1.0375. f. Estimed ash and residue tonnage multiplied by ash and residue unit price. 9. Solid waste cost plus the ash and residue cost. EXHIBIT I
  • W4I/kL’1ciW c AMENDMENT NO. 1 THIS AGREEMENT, made this 24th day of April , 1992, byarid between the CITY AND COUNTY OF HONOLULU, a municipalcorporation of the State of Hawaii, hereinafter called the“CITY,” and WASTE MANAGEMENT OF HAWAII, INC. of 98-021 KamehainehaHighway, Aiea, Hawaii 96701, hereinafter called the“CONTRACTOR”; WITNESSETR THAT: WHEREAS, the parties hereto have entered into an Agreementidentified as Contract No. C48689, for the Contractor to ProvideServices to Operate and Make Improvements to the Waimanalo GulchSanitary Landfill, Ewa, Oahu, Hawaii, for the City and County ofHonolulu; and WHEREAS, the Department of Public Works now wishes toincrease the scope of work to include excavation and rockcrushing services; and WHEREAS, the Contractor is qualified, ready, and willing andable to provide such services; NOW, THEREFORE, in consideration of the mutual promisesherein set forth, it is hereby understood and agreed by andbetween the parties hereto to amend Contract No. C48689 asfollows: 1. CONTRACT a. Delete the third sentence under Note b. of Exhibit I and insert the following in its place: “Thereafter beginning January 1, 1991 and as of each January 1st thereafter the —1—
  • unit price shall be adjusted by 85% of the percentage change , during the immedia tely preceding calendar yar in the Consum er Price Second Half Index for All Urban Consum ers (All Items) for Hon olulu, Hawaii as published by the U. S. Department of La bor, Bureau of Labor Sta tistics.” b. Delete the third se ntence under Note e. of Exhibit I and inse rt the following in its place: “Thereafter beginn ing January 1, 19 91 and as of each Janu ary 1st thereafte r the unit price shall be adjusted by 85% of the percentage change , during the im mediately preceding calendar year in the Consum er Price Second Half Index for All Urban Co nsumers (All Items) for Hon olulu, Hawaii as published by the U.S. Department of Labor, Bureau of Labor Statistics.”c. Add the following as the fourth pa ragraph of Section 3 of the Minimum Specifica tions. LANDFILL DEVELOPM ENT: “The Contractor w ill be allowed to excavate within the landfil l area to create additional landfill space. Excavated materia l is the property of the Ci ty. Any excavated mat erial suitable for land fill cover is av ailable to the Contractor at no cost.” —2—
  • d. Add the follow ing to Section 15 of the Minimum Specif ications. COMPENSATION : “E. On or before th e fifteenth (1 5th) day of each January and July duri ng the excavation, th e Contractor shall invoic e the City for the number of cubic yards of material ex cavated during the previous six month period . The number of cubic yard s excavated can be estimated, pr ovided that the Contrac tor provide annu ally each Janu ary a topographic map bearing a stamp of a registered p rofessional surveyor or engineer wit h appropriat e cross sect ions to show the to tal number of cubic yard s excavated du ring the prev ious calend ar year. The Contracto r may submit such a topographic map more freq uently. The Contractor w ill include as part of the invoice, any income paymen ts received for sale of any excavate d material. The contractor m ay allow exca vated mater ial to be hauled off the site at no charge if the City ha s no use, for the materia l and it is the City’s best interest to have the exca vated materia l removed from the site. Further, as in dicated in th e attached letter dated November 8, 19 91, the unit price shall be $2.67 per cubi c yard of excavated mat erial from September 5, 1989 through —3—
  • December 31, 1993. Thereafter, beginning January 1, 1994 and as of each January 1st th ereafter,, the unit price shall be adju sted by 100* of th e percentage change , during the immediately preced ing calendar year in the Consumer Pric e Second Half In dex for All Urban Co nsumers (All Item s) for Honolulu, Iawaii as published by the U.S. Department of Labor, Bureau of Labor Statistic s. If for any reason the Consumer Price Second Half Inde x for All Urban Consum ers (All Items) for Honolulu becomes unavailable, th e Consumer Price Index Average fo r All Urban Consumers (All Items) for Honolulu for the immediate ly preceding ca lendar year will be us ed.” It is further ag red that, except for the amendmenforth herein ab ts set ove, all other provisions of C ontract No. C486shall remain in 89 full force and effect. —4—
  • IN WITNESS WHERE OF, the parties here to have cause this contract amendm ent to be executed as of the day and year first above written. CITY AND COUNTY OF HONOLULU WASTE EMENT OF HAWAII, INC. Title: 444L Federal I.D. N umber ‘1Th 0 ) Lj APPROVAL RECOMM ENDED: . - 0 &LQ Of f icer-Iri-Cha rge Director and C hief Engineer Department of Public Works APPROVED AS TO FORM AND LEGALI TY: HERYL K. OKUMA- SEPE Deputy Corpora tion CounselSTATE OF HAWAII )COUN’IY OF HONOLULU SS. ) On this 24th day of April, 1992, befome personally kn re me appeared Ra own, who, being by y A Rossetti to me sworn, did sayManager of Waste that he is General Management of Haw aii, Inc., the contforegoing ins tum ractor named in th ent, and that he is e authorized to sigbehalf of the Co n said instrument ntractor, and ackn in owledges that heas the free act an executed said instr d deed of the cont ument ractor. Notary Public State of Hawaii My commission expire s: 12—10-95 —5—
  • MEMORANDUM OF UNDERST ANDING Memorandum of Understanding for Contract No. C.-48689 dated February 8, 1989, by and between th e CITY AND COUNTY HONOLULU OF (the “City”) and WASTE MANAGEME NT OF HAWAII, INC. (the “Contractor”). The Contractor was the low bidder for ProposalDocument No. 7325 relating to the provision of services tooperate and make improvements to the Waimanalo Gulch SanitaryLandfill (the “Project”) and the City provisi onally awarded theContract (the “C ontract”) for such services to the Co ntractorcontingent on ap propriation by the Council of funds fo r theProject. Funds for the Project were appropriated by theCouncil for fisca l year 1989—90 and will be available Ju ly 1,1989. The City and the Co ntractor wish to re flect herein theirunderstanding of ce rtain provisions of the Contract. 1. TERM OF CONTRACT The Contractor shall commence disposal operations ninety(90) days after receipt by the Contractor of a Notice toProceed from the City. In accordance with Proposal DocumentNo. 7325 and the Contractor’s Proposal letter datedNovember 17, 1988, the Contract term shall be fifteen (15)years from the date the Contractor commences disposaloperations at the W aimanalo Gulch Sanita ry Landfill.
  • 2. METHANE GAS RECOVERY , MINIMUM SPECIFICA TION, SECTION 4 (P) It is understood that the City shall retain all rights to recover methane gas generated at the landfill as long as suchactivities do not unreasonably interfere with the operation ofthe landfill. 3. CONTRACTOR’S DRAFT w OPERATING PLAN It is understood that the Contractor’s Draft OperatingPlan dated March 6, 1989, outlines in general. terms theContractor’s intent to comply with the terms and, conditions ofthe Contract. 4. HOURS OF OPERATION , MINIMUM SPECIFICA TION, CLAUSE 5 It is understood that a City employee will be presentduring hours of la ndfill operation to ensure proper weighing ofvehicles at the ,land f ill. It is understood that the landfill shall be open forreceipt of ash twen ty-four (24) hours per day. 5. COMPLIANCE WITH LAWS AND PERMITS, PRICE AD ADDITIONAL WORK, MINIMU JUSTMENT FOR M SPECIFICATION SECTIO N 9 (A) The design, construction, and operation of the landfillshall be in accordance witti all proposed rules, regulations,legislation, etc., of the Department of Healt h, State of Hawaii(“110011”) and the United States Environmental Protection Agency(“EPA”) (specifically 40 CFR Parts 257 and 258 “Solid Waste —2--
  • 5. COMPLIANCE WITH LAWS AND PERMITS, ETC. (Cont’d)Disposal Facility Cr iteria Proposed Ru le”) as they existed atthe date of the bid submittal, (December 2, 1988). TheContractor shall not be entitled to claim s for additional costsincurred as a resu lt of the final pro mulgation of such ru les,regulations, legislations, etc., except as such finalpromulgation requires design, construction, or operationmodification caused by more stringent conditions than thoserequired by the proposed rules, regulations, legislations,etc., as they existed on the date of the bid submittal(December 2, 1988). It is understood that the Contractor’s bid has beensubmitted without considering potentia l profits associated wi thadditional work..requ ired, to be paid by the City as a lump sumand not incrementally as part of the tip fees paid pursuant tothe Contract, for compliance with laws and permits underSection 9 COMPLIANCE WITH LAWS AND PERMITS of the MinimumSpecifications. The Contractor therefore shall be entitled toreceive overhead cost but not a profit on lump sum costs paidby the City under Se ction 9. 6. FORCE MAJEURE - MINIMUM SPECIFICATIO N SECTION 11 It is understood the Contractor will inspect incomingloads of refuse, compact refuse, and cover refuse, asnecessary, to minimize hazards of fire and explosion. It is —3—
  • 6. FORCE MAJEURE - MINIMUM SPECIFICATION, ETC. (Cont’d)further understood •that fire and explosion rea sonably under thecontrol of Contractor shall not constitute events of forcemaeure. It is further understoo d that events of for ce maeureshall excuse non—perf ormance, inability to perform, or delay inperformance. 7. INSURANCE REQUIREMENT S - MINIMUM SPECIFICATION CLAUSE 12 Contractor will provide certificates of insurance to theCity annually. 8. COMPENSATION PRIVATE AUTOMOBILES AND - MINIMUM SPECIFICATION PICK-UPS, SECTION 15 (B) It is understood tha t, in accordance with Section 15 (B)of the Minimum Spec ifications, private aut omobiles and pick-uptrucks having a load cap acity of less than thr ee-quarters (3/4)ton shall not be weigh ed and will be bil led at ten percent(10%) and twenty-five percent (25%), respe ctively, of the solidwaste unit price for purposes of determini ng tonnage paymentsto the Contractor. 9. PRICE ADJUSTMENT FOR UN FORESEEN COST INCREASES SPECIAL PROVISION SECTIO - N 18 It is further understood that the Contractor’s bid hasbeen submitted without the requirement for Section 18 PRICE —4—
  • 9. PRICE ADJUSTMENT FOR UNFORESEEN COST, ETC. (Cont’d)ADJUSTMENT FOR UNFORESEEN COST INCREASES of the SpecialProvisions. The Contractor therefore shall make no and claimshall not be entitled to any price adjustment und er Section 18.10. FAILURE TO PERFORM; BREACH OF CONTRACT SPECIAL PROVISIONS SECTIONS 22 AND 30, RESPECTIVE - LY It is understood that Section 22 FAILURE TO PERFORM shallbe controlling in the event of a default or breach of theContract and that Section 30 BREACH OF CONTRACT shall be nulland void and of no legal effect.11. TRANSACTIONS ‘WITH CONTRACTO R’S AFFILIATES In the event that Contractor is requested or required toperform additional work under the Contract and Contractorintends to use the services of affiliates to undertake suchadditional work, Contractor shall notify the City of suchintention and shall submit a price for such additional worktogether with such other information as required by theContract. If the City does not accept the price submitted bythe Contractor, the City may require Contractor to obtaincompetitive bids for such additional work. It is understoodthat this procedure shall not apply to work. included in theoriginal Contract scope of wor k. —5—
  • 12. LIQUIDATED DAMAGES FOR ADDITIONAL WORK In the event addition al work is required, the parties shall agree on a price and completion date for such additional work, and shall agree on appropriate liquidate d damages in each instance to be payable by Contractor should it fail to meet the agreed completion date. 13. CHANGES IN COVER MATER IAL The price quotes by the Contractor in its offer is predicated on the use of locally available (i.e., on Oahu) soils as daily cover. Alternative, synthetic daily cover materials exist in the marketplace.. The Contractor may, with the concurrence of the City, make use of such materials duringthe Contract term. In the event that the Contractor should usesuch materials in the future, and the altern ate cover materialsresult in a cost saving s for the Contractor , the savings willbe shared with the Ci ty at a percent to be agreed upon at suchtime.c32’ —6—
  • _.,,‘ e4 IN WITNESS WHEREOF the parties here have caused these presents to be executed this 7th day of June, 1989. City and County of Honolulu APPROVED AS TO FORM AND LCGALITY L Deoutv Corntion bunseI THEODORE J. JUNG Director of Finance Waste Management of Hawaii. Inc. By Its Secretary -7-
  • 7325 PROPOSAL DOCUMENT NO. FOR THE FURNISH ING OF ALL EQUIPMENT, MATERIALS 1 NECESSARY LABOR, SUPERVISION, TOOLS, SUPPLIES, APPURTENA NCES, INSURANCE AND E.XPENSES ALL OTHER ACTUAL AND IMPLIED CONNECTED THERETO AND TO PERFORM ALL WORK THE NEGESSAY AND SPECIFIED IN PRESCRIBED MANNER AND TIME, TO PROVIDE TO THE SERVICES TO OPE RATE AND MAKE IMPROVEMENTS DFILL WAIMANALO GULCH SANITARY LAN EWA, OAI{U, HAWAII November 2, 19S8 NDUK NO, 2TO ALL PROSPECTIVE BIDDERS: al. and incorporated, as part of Propos The following change is hereby padeDocumtnt No, 7325: . on hereby changed from “2:00 p.m The bLd opening time and date is on November 25, 1988”. November 9, 1988” to “2:00 p.m. Purchasing Adniinis era tor
  • e. PROPOSAL DOCUMENT NO. 7325 FOR THE FURNISHING OF ALL NECESSARY LABOR, SUPERVISION, EQUIPMENT, MATERIALS, TOOLS, SUPPLIES, APPURTENANCES, INSURANCE AND ALL OTHER ACTUAL AND IMPLIED EXPENSES CONNECTED THERETO AND TO PERFORM ALL WORK NECESSARY AND SPECIFIED IN THE PRESCRIBED. MANNER AND TIME, TO PROVIDE SERVICES TO OPERATE AND MAKE IMPROVEMENTS TO THE WAIMANALO GULCH SANITARY LANDFILL EWA, OAHU, HAWAII November 9, 1988 ADDENDUM NO. 3 TO ALL PROSPECTIVE BIDDERS: The following changes are hereby made and incorporated as part of Proposal Document No. 7325: The bid opening time and date is hereby changed from “2:00 p.m. on November 25, 1988” to “2:00 p.m. on December 2, 1988”. In response to questions raised at the October 25, 1988 pre-bid •conference the following replies are provided: Question: Can the provisions. of Section 2.6 DEPOSIT ACCOMPANYING BIDS of the General Terms and Conditions be modified? Reply: See Section 36 of the Special Provisions in this addendum. Question: Can coral dredging be used as cover material? Reply: The landfill solid waste permit require soil or any other approved material for cover material. From discussions with State Department of Health (DOll) personnel, coral material was previously rejected as cover material. It is the responsibility of the bidders to obtain approval for soil substitute from DOH.. DOH may require a sample and/or laboratory analysis of any substitute material for soil. Question: Will the City consider selling the equipment to the Contractor and reducing the bid price. Reply: No.. Question: Will the City consider selling or leasing the land to the Contractor and reducing the bid price? Reply: City will consider selling the land, bid documents have been modified to reflect this. 1
  • Written questions were suOur response with their qu bmitted by Oahu Refuse Systems estions are attach Co ed as Attachment mpany. 1. Construction plans forconstruction were distrib the improvements uted at the pre—bid presently undergiven to bidders that plan conference. Notice is s are not “as—builtmay not be as shown on pl ” plans and impro ans. vements 1. In the PROPOSAL: Delete page 3 in its en tirety and in lie attached revised page u thereof, insert 3. the 2. In EXHIBIT I: Delete EXHIBIT I in its entirety and the attached revise in lieu thereof, d EXHIBIT I. insert 3. In the MINIMUM SPEC IFICATIONS: A. Delete Section 3. LANDFILL DEVELOPM and in lieu thereo ENT in its entiret f , insert the fo y llowing: “3. LANDFILL DEVELOPMEN T. Except for the co being completed fo nstruction r the City on the prepare the Land Au Property to fill for the acce Waste, the Contra ptance of Solid ctor will be resp development of th onsible for the e Landfill Site, drainage system, le including the achate collection excavation, access system, initial roads to Campbell any improvements on property and the Au Property required by the which are development of Property. All permanent impro the Campbell to the City and vements shall confo County of Honolul rm Specifications for u Standard Public Works Cons 1986. Landfill shall be truction dated maximum capacity developed to provid for the Landfill e minimum of 6.7 mill Site with a ion cubic yards fo elevation limitatio r a height n of 400 feet. Site shall be designed by development a professional engi a minimum of 5 year neer with s experience in the operation of sanita design or ry landfills. The staging of the disposal operatio ns onto the Campbell will be coordinated w property ith City officials. A portion of the Land fill Site will be used ash monof ill. The Contractor will be for an install a composite lin required to er on the bottom of monof ill. The City will pay th the ash furnish and install th e Contractor to e composite liner. composite liner will co The nsist of, at a minim synthetic liner over 3 fe um, a et of clay with a le collection system above th achate e synthetic liner synthetic liner shall be . The a flexible membrane designed for landfills an liner d shall be a minimum mils thick. The three-foot thick clay 60 a hydraulic conductivity shall have of no more than 1 x 10 - 2
  • cm/sec. The leachate colle consist of collection lin ction system shal l over the synthetic lin es with drainage material er. Sufficient drainage material shall be instal collection lines from led to protect the being damaged by leachate operations. The Contractor sh the landfill the actual area of co all be paid only fo mposite liner in r stalled. The Contractor shal l have the option the land from the Ci of purchasing ty and through de credits, etc., redu preciation, tax ce its cost. Th the City will acce e minimum amount pt is four millio ninety-two thousand n fiv one hundred fifty-f e hundred ($4,592,155). Should the Contra ive dollars option, the Contra ctor choose this ctor shall pay th ninety. (90) calendar e City within commencement date th days from the e amount for the off icial the City elect, cr land or should edit the amount ag billings by the ainst future Contractor. The City will no consider this optio t n if the City Co waive property uncil does not taxes for the Documents to trans Landfill Site. fer title of the Contractor shall land to the be provided by bidder who proposes the successful to buy the proper City, within fifteen ty from the (15) calendar days date of ‘the City’s from the request. The Contractor sh convey the title of all the land to the to the City at the City at no cost termination of th any and all reason is contract for including City’s Contractor may be pa fault except the rtially compensat for under Section 34 ed as Early Termination of provided The Contractor shall assume all risk asso Contract. this item relating ciated with to depreciation, etc. Any ruling by tax credits, any government agen in law which inva cy or change lidates Contractor benefits of deprec receiving iation, tax credits not alter Contractor , etc. shall ’s responsibility or price.”B. Under Section 15, af ter Sub-Section D, ad Sub-Section E: d the following “E. Should the total tonn age for solid waste ash and residue for and each calendar year December 31, 1989 va after ry more than 20% than shown in Exhibit I (co that lumn a plus column each of the unit prices d), fo and residue shall be ad r solid waste and ash justed. The new unit price shall be adju sted by the follow formula. ing New unit price = f x Base unit price Base unit price = pric e shown on Exhibit f = adjustment factor I 3
  • For tonnage less than 80% of that Exhibit I: shown in .80 x base tonn f 1 + .03 x age actual to .16 x base tonnage nnage = — but f shall not be more than 1.15 where: base tonnage = to tal solid waste residue tonnage as and ash and shown in Exhibit I actual tonnage = actual total solid ash and residue waste and tonnage Fr tonnage more than 120% of;that show Exhibit I: n in actual tonnage f = 1 .03 x 1.2 x base tonnag — - .24 x base tonnage e but f shall not be less than 0.85 Adjustment for the previous ye within thirty (30) ar shall be calendar days follo end of the calendar wing the adjustment, if any, year. The first shall be January calendar year 1990 1991 for . Should a payment to the Contractor, be owed the Contractor shal an invoice for th l submit e amount owed. payment be owed Should a to the City, the invoice the Contra City shall ctor for the amou • if the Cityelects, nt owed or amount the City may cred against it the future billings Contractor.” by the V 4. In the SPECIAL PR OVISIONS: V A. Under Section 2,EMPLOYEES OF CONT WAGES, HOURS AND RACTORS SUPPLYING WORKING CONDITIONSthe following SERVICES, under Sect OF list of wages: ion, Wages, add “Sanitary Landfill Attendant Landfill Bulldozer Operator •V V $ 8.66 per hour Sanitary Landfill Superviso 10.44 per hour Sanitary r I 12.24 Landfill Superviso per hour r II 12.74 per hour” B. Delete Section 3, PR EPARATION OF BIDS, and in lieu thereof, in its entirety insert the following Sectio n 3: “A bidder shall not su bmit more than one (1) and shall not submit bid document more than one (1) offe 1 and each item and su r for Option b-item in the Basic in the bid document Bid specified for this bid solicita bidder, under the sam tion. If a e or different names, than one (1) bid docume submits more nt for this bid solicita bid documents from th tion, all e bidder shall be reje bidder submits more th cted. If a an one (1) offer for Op tion 1 or 4
  • any item or sub-item in the Basic Bid, al Option 1 or any item l offers for or sub—item in wh offer was made shall ich more than one evidence indicating be rejected. If there is any that two (2) or mo collusion to restrict re bidders are in competitive biddin all such bidders shal g, the bids of. l be rejected and be cause for the di such evidence may squalification of any future proposal the participants for any contract on with the City. In order to be co nsidered for award on all the items and , a bidder must sub-items of the bid may bid on Option Basic Bid. Bidder 1.”. s C. Delete Section 4, BID PRICES, in it lieu thereof, inse s entirety and in rt the following Section 4: “4. BID PRICES. Bi d prices shall incl taxes and the cost ude all applicab of all necessary le equipment, materia labor, supervision ls tools, supplies, , insurance and all appurtenances, other actual an connected thereto to d implied expens provide the servic es to make improveme es to operate and nts to the Waim Landf ill Site and analo Gulch Sanita to purchase the ry specified herein. Landfill Site asD. Delete Section 5. ME THOD OF AWARD in lieu thereof, inse its entirety and in rt the following Section 4: “5. METHOD OF AWARD. The City shall ev submitted to determ aluate all bids ine the lowest succ on each of the follo essful bidder wing alternatives : A. The Basic Bid . B. The Basic Bid minus Option 1 Notwithstanding the provisions of Sect the General Terms ion 2-.18 of and Conditions here reserves the right in, the City to award the contra alternative deemed to ct on the be in the best intere City, and the decisio st of the n àf the City shall be The award of the Co final. ntract on alternativ contingent on the ap e B will be proval of the City Co sell the Landfill Si uncil to te and to waive proper for the Landf ill Site ty taxes . Bidders are advised award will also be co that . ntingent upon the tota being lower than th l sum bid e cost for the City to the landfill. Award is further co operate City Council approval ntingent upon of appropriations to the Contractor’s serv pay for ice.”.E. Under Section 18, PRICE ADJUSTMENT FOR UN INCREASES: FORESEEN COST 1) Delete paragraph 1 in its entirety and thereof, insert: in lieu “During the •term of the cont ract, the Contractor may 5
  • submit requests for appr opriate adjustmen contract unit price(s) ts to the and/or appropriate reimbursements should direct the Contractor ex unforeseen cost increa perience ses from the prev beyond its control. ious year reimbursements Said adjustments will be and/or Contractor’s total co considered if st for the year of the exceeds the total co the request st of the Contra previous year by mo ctor for the re than five (5) points over the perc percentage entage increase .in Price Index for al the Consumer l Urban Consumers Honolulu, Hawaii. (All Items) for 2) Delete Sub-Sect ion thereof, insert th D in its entirety and in lieu e following: “D. Any adjustments an d/or reimbursements under Sections 4. covered J, 9, Compliance w Permits, and 12.B ith Laws and , Additional Prem Higher Limits ium Cost for and Additional Required by Coverage if the City, of Specifications, the Minimum shall not apply section.” to thisF. Delete Section 34 . EARLY TERMINAT entirety and in lie ION OF CONTRACT u thereof, insert in its the following: “34. EARLY TERMINATION OF CONTRACT. Should be terminated fo this contract r other than Co before the expira ntractor’s fault tion date or befo is filled to capaci re the landfill ty, the Contractor a portion of its co shall be paid st for the develop landfill and, should ment of the the Contractor take of purchasing the the option land, a portion of the land. Such cost shall the cost for following formula: be determined by the Development and La nd Cost x (1— Volume of land fill used 6,700,000 cubic yard s) Volume of landfil l used in cubic determined by mul yards will be tiplying the solid received by 2.6 and waste tonnage multiplying the ash tonnage received by and residue 1.2. Contractor’s developme nt cost to be repaid Section shall be under this limited to cost collection system ot for leachate her than that instal composite liner, perm led with the anent drainage system grading and grubbing and initial of Campbell property. sha.l be the amount pa Land cost id for the land under EXHIBIT I (REVISED). line 19 of Contractor’s developme nt work may be provided for either by competit and paid iv agreement, or by forc ac e bids or by negotiated e count, all in accordan laws and regulations ap ce with plicable thereto. For such competitive bids or ne gotiated agreement, Co shall be allowed ten. perc ntractor ent (10%) for overhead an profit. For force account work Cont d ractor shall be 6
  • allowed twenty percent (20%) overhead and profit on all labor, equipment, materials, etc.. For subcontracted items the total overhead and subcontractor and Contractor sh profit of the all not exceed twenty five percent (25%). Contractor shall pro — accounting of all such co vide an st to the level of acceptable to the City inc detail luding but not limited breakdown by craft or po to a sitions of all direc indirect labor cost, al t and l fringes, all material equipment cost substan , and tiated by low price competitive negotiatio bid or ns and unit price applicable. The same level of de cost as Contractor shall be pro tail required of vided by subcontractors. ”G. After Section35, add the following Section 36: “36. DEPOSIT ACCOMPANYING BID Provisions of Section S. Notwithstanding the 2.6 of the General Conditions, the bid de Terms and posit shall be in a sum than five percent (5% of not less ) of the estimated ave cost of the contract, rage annual payable at sight to provided, that when the the Director, amount bid exceeds fif dollars ($50,000), ty thousand the legal tender, deposit, cashier’s check certificate of or certified checksha sum not less than two ll be in a thousand five hundred ($2,500) plus two perce dollars nt (2%) of the amount fifty thousand dollars in excess of ($50,000). The average will be calculated by div annual cost iding the total sum bid g, line 16 of EXHIBIT (column I) by fifteen (15) certificate of deposit, years. A cashier’s check or certi may be utilized only to fied check a maximum of one hundre dollars ($100,000). d thousand The City shall not pay on such security. any interest Deposits for bids which require a deposit in exc hundred thousand dolla ess of one rs ($100,000) shall onl form of legal tender y be in the or a surety bond.” HARtJO EZAWA Purchasing Administrator 7
  • WOTES: a. Column a.- Estimated so lid waste tonnage pe After 1990, approxim r calendar year. ately 40,000 tons will during a 6 week perio be brought in throughout the year. d with the remainde r distributed b. Column b.- Unit price for solid waste. Unit as bid by Contractor until December 31, 19 price shall be beginning January 1, 90. Tj.-iereafter thereafter the unit 1991 and as of ea ch January 1st percent change, durin price shall be adjusted by 85% of g the immediately pr the in the Consumer Pr eceding calendar ye ice Index for All ar Items) for Honolulu, Urban Consumers Hawaii as published by (All Department of Labo the U.S. r, Bureau of Labor purposes only, the Statistics. For Bid Consumer Price Index increase 5% a year an shall be assumed to d therefore, the un previous year multip it price will be th lied by 1.0425. e c. Column c. Estimated solid waste - waste unit price. tonnage multiplied by solid d. Column d. - Estimated ash and re year. sidue tonnage per calendar e. Column e.- Unit pric e for ash and residue be as bid by Contract . Unit price shall or until December 31 beginning January 1, , 1990. Thereafter thereafter the unit 1991 and as of ea price shall be adju ch January 1st percent change, durin sted by 85% of the g the immediately prec in the Consumer Pric eding calendar year e Index for All Ur Items) for Honolulu, ban Consumers (all Department of Labor, Hawaii, as publish Bureau of Labor St ed by the U.S. purposes only, the Co atis nsumer Price Index sh tics. For bid increase 5% a year an all be assumed to d therefore, the un previous year multip it price will be the lied by 1.0425%. f. Column f.- Estimated ash and residue unit price. and residue tonnage multiplied by ash g. Column g.- Solid waste cost plus the ash and residues cost. h. Column h.- Present wo rth factor at 5%. i Line 16, Column 1.- Pr esent worth cost of so plus the ash and resid lid waste cost ue cost. j. Line 17- The bidder sh yard for the composite all fill in the unit cost per square lin system on top of the lin er including leachate collection unit cost by the quantit er. The bidder shall m y of 100,000 square yard ultiply the - the amount in Column i. s and fill In k. Line 19- The bidder has th e option of purchasing the la the City as described in Se ction 3 LANDFILL DEVELOPMEN nd from Minimum Specifications to T of the reduce its bid price. The minimum amount the City will aãce pt is $4,592,155. Should the not choose this option, line 19 bidder shall be 0.EXHIBIT I (REVISED - ADDENDUM 3)
  • ATTACHMENT 1 - ADDENDUM 3 November 3, R 88—1476—6231F 1988Oahu Refuse Sy stems, CompanyP. 0. Box 807Aiea, Hawaii 96701Gentlemen: Subject: Wairnanalo Gulch Proposal No. 73 Sanitary Landfill 25In response to your letter dastatements are ted October 24 provided: , 1988 the follow ing 1. We refer to ite m request clarific 34 of the special provisions ation as to th . e developments su e cost of addi ch •as internal tional purchases, ga s collection sy roads, equipment considered as stems, etc. Would this be a cost to be repa part of the Contractor’s deve id under that se lopment ction? Response: As stated in S ec be repaid under tion 34, the development co st to for installing Section 34 is limited to the and permanent liner, leachate cost drainage system collection system, and grubbing of and initial grading roads, equipmen Campbell property. Internal t purchases, gas systems, etc. w collection ill not be repaid under Section 2. In the item 34 34. of the special termination fo provisions, in rmula, the maxim the early landfill seems um capacity of to be 6,700,000 the to the rates of cubic yards. According 2.6 cubic yards and 1.2 per to per ton of solid n of ashes, and wastes outlined in th the e Exhibit I, by th expected volume have already e year 12, we wou exceeded that capa ld Contractor be city. How would the repaid if the contra terminated af ct is early ter the 12th year?
  • ATTACHMENT 1. - ADDENDUM 3Qahu RefuseNovember 3, Systems CompanyPage 2 1988 Response Contractor wil terminated ea l not be repaid if con rl tr paid to the C y after the 12th year. act is ontractor unde C be a negative r this sectio ost to be amount. n will not 3. In connectio n specificatio with item 15 of the minim ns, can the um basis the book Con s and record tractor examine on a mon calculation s of the C thly of ity related to landfill to us the number of tons dis the posed at the monthly invoice that information as ing to the a basis for th City? e Response Upon reasonab le examine the bo notice to the City, C to calculatio oks and reco ontractor may n of tonnag rds of the City related e. 4. Regarding item the case the 4.J. of the Contractor e Minimum Specifications, equipment prov le in ided by the cts. to make use of :the associated be City, are ther yond the norm e damages? al maintenance any costs or. unusual Response Other than co sts specifie there are no d in contract other costs. documents, 5. Item 9. Minimum Spe permit a con cifications. dit Is th of the State D ional permit which will e operating following item epartment of Health regar require approval s prior to commencement ding the of operatio * Groundwater m ns: * onitoring prog Gas Control S ram ys * Surface Water tem m * Liner and leac anagement hate collecti disposal on system fo r ash ResPonse No, unless ap proval is requ or there is ired for oth a change to th er permits e permit con 6. Item 3. ditions. Minim thick clay li um Specifications. Other than th ner requiremen e 3 feet criteria to t. are there any be met? other liner
  • ‘I ATTACHMENT 1Oahu Refuse - ADDENDUM 3 Systems CompanyNovember 3, 1988Page 3 Resoons e Liner criteria will be change d. 7. Would the City and County acce the same offere pt alternate te r with differe nders from nt operating pl ans? Response No, of feror mus t follow bid City. form provided by the 8. Would the City and County co structure base nsider a gradua d on volume? ted price Response No. However, th - provide for va e contract will be modifie riation in the d to tonnages. 9. Informational re following docu quest. We request co pies of the ments: * Environmental Impact Statemen Sections 1-11 t, 1984, * Preliminary E ngineering Rep Plan, 1986 ort and Operati - * ng Drawing Set fo r Phase I Devel Sheets 1-28 opment, 1986 * Drawing Set fo r Phase II Dev Sheets 1-29 elopment, 1987, * Site Plan, 1987 * Any studies co , (3 sheets) m the design for missioned by the City in su hydraulic stru the landfill, appurtenances, ort of pp ctures. and Response Except for the were distribu first and last ted at the preb items, documents October 25, 19 id confer 88 be examined at . The EIS and othe ence on the Refuse Div r studies 650 South King ision, 14th Flo may Street during no or, (weekdays betw een the hours of rmal working hours 4:30 p.m.). 7:45 a.rn. and - Since-rely, /2 FRANK J. I YLE 6 /
  • PROPOSAL DOCUMENT NO. 7325 FOR THE FURNISHING OF ALL NECESSARY LABOR, SUPERVISION, EQUIPMENT, MATE RIALS, TOOLS, SUPPLIES, APPURTENANCES, INSURANCE AND ALL OTHER ACTUAL AND IMPLIED EXPENSES CONNECTED THERETO AND TO PERFORM ALL WORK NECESSARY AND SPECIFIED IN THE PRESCRIBED MANNER AND TIME, TO PROVIDE SERVICES TO OPERATE AND MAKE IMPRO VEMENTS TO THE WAIMANALO GULCH SANITARY LANDFILL EWA, OAI{U, HAWAII October 19, 1988 ADDENDUM NO. ITO ALL PROSPECTIVE BIDDERS: The following changes are hereby mad e and incorporated as part of PropDocument No. 7325: osal 1. In EXHIBIT I: A. Under NOTES, delete section b in its entirety and in lieu thereof, insert the following: “b. Unit price for solid waste. Unit price shall be as bid by Contractor until December 31, 1990. Thereafter beginning January 1, 1991 and as of each January 1st thereafter the unit price shall be adjusted by 85% of the percent change, during the immediately precedin g calendar year in the Consumer Price Index for All Urba n Consumers (All Items) for Honolulu, Hawaii as published by the U.S. Department of Labor, Bureau of Labor Statisti cs. For bid purposes.only, the Consumer Price Index shall be assumed to increase 5% a year and therefore, the unit price will be the previous year multiplied by 1.0425.” B. Under NOTES, delete section e in its entirety and in lieu thereof, insert the following: “e. Unit price for ash and residue. Unit price shall be as bid by Contractor until December 31, 1990 . Thereafter beginning January 1, 1991 and as of each Janu ary 1st thereafter the unit price shall be adjusted by 85% of the percent change, during the immediately precedin g calendar year in the Consumer Price Index for All Urba n Consumers (all Items) tonolu1u, Hawaii, as published for by the U.S. Department of Labor, Bureau of Labor Statistics. For bid purposes only, the consumer Price Index shall be assumed to increase 5% a year and therefore, the unit price will be the previous year multiplied by 1.0425.” 2. In the MINI!UM SPECIFICATIONS: A. Page 4, Section 4.F, in line 4, delet e “parameter” and in lieu thereof, insert ‘perimeter”. •1-
  • 2. In the MINIMUM SPECIFICATIO NS: (continued) . Page 7, Section 9, COMPLIANCE WITH LAWS AND PF.RrIITS, delete Section A. in its entirety Sub and in lieu thereof, insert: “A. Contractor and City agree that each will comply with al Federal, Hawaii State and l City laws, and in all material respects with permits, now in force and which may hereafte during the term of thi r, s Contract, be passed and effective, applicable Co the become Contractor or City, as the cas may be, in connection with e the performance of this Contr City shall be responsib act. le for all additional co respect to operation of sts with the Landfill resulting from (including changes in int changes erpretation), after the bid date, in any Federal, opening Hawaii State and City regulations, rules or per laws, mits or issuance of jud administrative order; pro icial or vided, however, Contract advise City, reasonably or shall in advance (if possible) of any such costs, of the an incurring ticipated amount thereo at its option may cau f. The City, se any such required requested capital improvem or any City ents and/or operating nee provided and paid for ds to be either by competitive negotiated agreement, or bids or by by force account, all with laws and regula in accordance tions applicable theret competitive bids or ne o. For such gotiated agreement, Co V be allowed ten percent ntractor shall (10%) for overhead and force, account work, profit. For Contractor shall be V percent (20%) overhead allowed twenty and profit on all lab materials, etc.. For or, equipment, subcontracted items the and profit of the su, total overhead bcontraccor and Contr exceed twenty-five actor shall not V (25%). Contractor shall provid accounting of all such - e an cost to the level of to the City, including detail acceptable but not limited to craft or positions of a breakdown by all direct and indire fringes, all material ct labor cost,all , and equipment cos low price bid or com t substantiated by petitive negotiations cost as applicable. V , and unit price The same level of de Contractor shall be tail required of provided by subcontra ctors.” 3. In the SPECIAL PROVIS IONS: V A.V Page 2, delete Sectio n 5, METHOD OF AWARD, lieu thereof, insert in its entirety and in the following: “5. METHOD OF AWARD. Notwithstandin g the provis V 2.18 of the General Ter ions of Section ms and Conditions he be made to the responsib rein, award will le bidder submitting s’.m bid who is in com the lowest total pliance with all the and who is able to pro requirements herein vide all the services all respects with the in compliance in requirements herein. B. Page 8, delete Sectton 34, EARLY TERMINATION entirety and in lieu OF CONTRACZt, in its thereof, insert the fol lowing: “34, EARLY TERMINAT ION OF CONTRACT. Should this contract terminated, other than be Contractors fault, before date or before the the expiration landfill is filled to cap Contractor shall be acity, the paid a portion of its development at th& lan cost for the dfill. Such cost shall be the following formula: determined by Contractor’s Developm ent Cost X (1 - V)l1JmP nf !..indfifl 1’ç c 6, OO . 000 cubic yards .2-
  • 3. SPECIAL PROVISIONS, page 8, Section 34, EARLY TERMINAT!O OF CONTRACT: (continued) Volume of landfill used in cubic yard s will be determined by multiplying the solid waste tonnage recei ved by 2.6 and multiplying the ash and residue tonnage recei ved by 1.2. Contractor’s development cost to be repaid under this Section shall be limited to cost for installing liner, leachate collection system, and permanent drainage system and initial grading and grubbing of Campbel property. l Contractor’s development work may be provided and paid for either by competitive bids or by nego tiated agreement, or by force account, all in accordance with laws and regulations applicable thereto. For such competit ive bids or negotiated agreement, Contractor shall be allowed ten percent (10%) for overhead and profit. For force account work Contractor shall be allowed twenty percent (20%) over head and profit on all labor, equipment, materials, etc.. For subcontracted items the total overhead and profit of the subcontractor and Contractor shall not exceed twen ty-five percent (25%). Contractor shall provide an accounting of all such cost to the level of detail acceptable to City including but not limited to a breakdown by craft or positions of all direct and indirect labor cost, all fringes, all mate rial, and equipment cost substantiated by low price bid or competitive negotiations, and unit price cost as applicable. The same level of detail required of Contractor shall be provided by subcontractors.”. HARUO S.QEZAWA Purchasing Administrator -3.
  • _ _ F WASTE MANAGEMENT OF HAWAII, INC 98-021 Kamehameha Highway Aiea, Hawaii 96701 . /( Tel: (808) 487-2402 CERTIFICATE To: Director of Finance, City and County of Honolulu Subject: Proposal No. 7325 Description of Project: Furnishing of all, necessary labor, supervision, equipment, materials, tools, supplies, appurtenances, insurance, and all other actual and impl ied expenses connected thereto and to perform all work nec essary and specified in the Prescribed manner and time, to provid e services to operate and make improvements to the Waiznanalo Gulch San itary Landfill, Ewa, Oahu, Hawaii Pursuant to Section 103-66, IL.R.S., T the contract in excess of $5,000, the hereby certify that if awarded services to he performed will be performed under the following conditi ons: 1. The services to be rendered shall be performed by employees paid at wages or salaries not less than wages paid to the public officers and employees for sim ilar work. -. 2. All applicable laws of the Federal and State governments relating to workmen’s compensation, unem ployment compensation, payment of wages, and safety will be fully complied with. Bidder: Waste Management of Hawaii, Inc. By: Fred J. Weinert Title: President November 1.7. 1988 Form DG-P-66 (4/74)
  • __________________ _ __ __ __ _ BID BOND FORM FOR USE IN HAWAII ON PUBLIC CO PRESCRIBED BY OBLIGEE NTRACTS WHERE NO FORM IS BID BOND KNOW ALL MEN BY THESE PRESENTS: That WASTE MANAGEMENT OF HAWAII, INC. 98—021 Kam Highway, Aiea, Haw aii 96701 a,s Principal, and Fe deral Insurance Comp and existing under any, a corporation.or the laws of the State ganized held and firmly bound unt of New Jersey, as Su o the CITY AND COUNTY OF HONOLULU rety, are hereina fter called the Obligee , , in the penal sum of total bid amount Five-Percent of the — lawful money of the Un DOLLARS, (S 5% of the tot ited States of America, al bid amount sum well and truly to be for the payment of which made, we bind ou rselves, our heirs, ex administrators and ecutors, successors, jointly and presents severally, firmly by these THE CONDITION OF THIS(°rincipal has subm OBLIGATION IS SUCH TH itted the accompanying AT, whereas theL.or operation of Waimanalo Gul bid dated December 2, 1988 ch Landfill. .. - NOW, THEREFORE, if within the period the Principal shall not specified thereinafter, withdraw said bid no period be specified the opening of the same, , within sixty (60) or, if shall within the perio days after said openings d specified, therefore and fied, within ten (10 , or if no period be sp ) days after the prescr eci Principal for signatur ibed forms are presented e, enter into a written to AND COUNTY OF HONOLULU contract with the CITY accepted, and give bon . , in accordance with the bid d with good and sufficie as may be required for nt surety or sureties the faithful performance as such contract, or in the and proper fulfillment event o.f the withdrawal of of period specified, or the said bid within the failure to enter into such such bond within the tim contract and give e specified, if the Princ Obligee the full amount ipal shall pay the of this bond in lawful money of America, then the above of the United State obligation shall be void and s otherwise to remain in fu no ef±ect,’ ll force and virtue. IN WITNESS WHEREOF, the above— this instrument under th bounden parties have exer’ eir seals., this 24 jtd da , 19 S$ WITNESSES: Prindipa- -_f_-_’ .J,’ / 7 ,/ David I. Kopp, Assis ant Sec retary J FEDERAL INSURANCE COMPANY J /1 By: ‘)i-tG Karen EBogard, ttorney-infat
  • , WASTE MANAGEMENT OF HAWAII, 98-021 Kamehameha Highway INC. Aiea, Hawaii 96701C ‘ Tel: (808) 487-2402 PROPOSAL FOR THE FURNISHING OF ALL NECESSARY LABOR, SUPERVISION, EQUIPMENT , MATERIALS, Honolulu, Hawaii November 17, 1988 Ms. Linda L. Smith Director of Finance City and County of Honolulu Honolulu, Hawaii 96813 Dear Ms. Smith: The undersigned hereby proposes to Furnish All Necessary Labor, Supervision, Equipment, Materials, Tools, Supplies, Appurtenances, Insurance, and All Othe r Actual and Implied Expenses Connected Thereto, and To Perform All Work Necessary and Specified in the Prescribed Man ner and Time, to Provide Services to Operate and to Make Improvem ents to the Waimanalo Gulch Sanitary Landfill, Ewa, Oahu, Haw aii for the Division of Re.fuse Collection and Disposal, Department of Public Works for-the fifteen (15) year period commencing on a date to be determined later, for the bid amount set fort h in Exhibit I, all in strict compliance with the Proposal, Min imum Specifications, Special Provisions, Appendices, and General Terms and Conditions attached hereto and by reference made a par t hereof. All equipment and personnel specified herein shall be available for immediate use upon notification by the City to proceed with the contract. It is understood and agreed that the serv ices specified herein are being furnished for the exclusive use of the City and County of Honolulu. It is also understood and agreed that the pric es bid include all taxes which shall be applicable to the produc ts or services or the furnishing, sale, or purchase thereof whet her assessed against, chargeable to or payable by the City and County of Honolulu or any of its agencies or the undersigne d. It is also understood and agreed that the Directo r of Finance reserves the right to accept or reject any or all bids if, in the Directors opinion, such acceptance or rejection will be in the best interest of the City and County of Honolulu.
  • It is further understood and agreed that if a contract is awardedthe undersigned, the undersigned will enter into and execute thesame and furnish the necessary sec urity as required under Sec23 of the Special Provisions and Sec tion tion 2.23 of the GeneralTerms and Conditions herein.Enclosed herewith is: Bid Bond of five percent (5%) of theproposal guarantee as set forth bid amount, as a in Section 2.6 of the GeneralTerms and Conditions and made pay able or executed to the “CityDirector of Finance.” Respectfully submitted, WASTE MANAGEMENT OF HAWAII, INC. Authorized Signature Fred 3. Weinert President Name andTitleof AboveAddress: 98-021 Kamehameha HighwayAlea, Hawaii 96701Telephone Number: (808) 487-2828Person to Contact if Awarded: Frederick T. McGuireTelephone Number: (808) 487-2828State of HawaiiGeneral Excise Tax License Number: 10108302.Federal Employer Identification Number: 9-0174324Type of Organization: CorporationState of Incorporation: Hawaii
  • _ _ _ _ _ _ “S — ‘‘S. liI I l.IIJ-LIIl fl 1 rL r4. pL l :IvHc—I ‘ %I—1oI I I r( NjI I i( I cyiil r’..”I ‘jIe’HII 1r’i’II cci, rfj I t’.i I -‘ “ oIlllal II —. I IHI III o 0 a c C,, 0cOcor-tr)Cl’.DcO’.D a co cj c- r— 4.) a’D 00’.DClco’1HNHcoU 0 o’ o 0) ) N N N ‘.0 D ‘.0 U) )C’,O Li) Li) LI) r-Q0QQQO00O00 5’ ‘ S 000 0 . )0IO0(O() ml I -I I i ‘)O 01 I cijq.I jI r’.l cI r. ‘0 zi I Nt I + iiIiiI b0Iiii j r’.1 I ui I 1 1 I I I l ‘I I l .H I r- 1 fl I • “ NI ii I 1 II I l i s I i I -I ol ‘.iI . I NI tI I r.-l •.-.I ‘I I °I I ‘I ‘.‘I ‘ U) 11) >1 N t ‘ i I - - i . - . I . U) I I -- i ‘I ‘I- ‘ ‘ ‘I t I ‘-‘ I $54 4.) •r $54 0 H 0I. 0CL 4O H 0 014 •r4r1 • . I H —I--I U) 0 I -‘I—I 0 H H 0 >-I • H c 4.) L4 rj 0 o •, H U) —I ‘ ci.) 9’ $54 0000000000 00000 - 0) a) 4.) 9’ 0 ( 0000000000 (Ii .1-) 9’ ., oooo 0000 oooooooooo —•r4 0 0Nc’.D0)cYHcU)Nc 0) flci) OcOcO r-4 0 C $5-i r-4 $54 Ci H H H H r-l H H H H H H H (• 4.) 4 Q 4-) i-i H 4.) U) “ “ -. o 0 0 0 4: a S. “S. ‘S “ • ‘S E-4 F-i Ci I .I oj c—I çI S.. .l I l 01 01 I C.) i cI -I ..I I J - o • N c 0 H i-I ri H Cl o IIt.-Ic--i olIIcc’I -c-I 1-4 H Ci z 0 I-I I-I U) 4: j l I ...I riI cl cI I cI -- c’JI cI si I ...I 0 IIS(.SHINIIiIhLINI - - - - C) 0000000000 000000000000000 ct1.-U) 000000000000000 OU 0000 Co 0H c) c1 Lr)’.0 NO) O0HClU 0 1 )G’ ‘.0 NH H HHHHHHC”ClC’4Cl C) @4 H H ri H H H i-I H ri i-I H H ri a’ OH @4 cONCO OOHCl(’) ci) 000 G O’. G CY G 0 O G O’ G 0” 0 0 0 0 H H H t-1 H H ,-1 ,-1 H H H Cl (‘4 Cl Cl -‘-‘‘-5-’-’ - H — 0 rI (‘4 C’) U) (‘4 C’) ii) ‘.0 NOD 0” H H H H H H — — 5•_ — %__
  • EXHIBIT j a. b. c. Solid d. e. f. Ash and 9. Waste Unit Price a x b Ridue Unit Price dxe cm-f 1. 1989 468,000 —0-- —0-- —0— 2. 1990 276,000 73,000 3. 1991 111,000 See Note b 140,000 See Note e 4. 1992 113,000 See Note b 142,000 See Note e 5. 1993 114,000 See Note b 143,000 See Note e 6. 1994 115,000 See Note b 146,000 See Note e 7. 1995 116,000 See Note b 148,000 See Note e 8. 1996 117,000 See Note b 149,000 See Note e 9. 1997 118,000 See Note b 151,000 See Note e 10. 1998 119,000 See Note b 153,000 See Note e 11. 1999 120,000 See Note b 155,000 See Note e 12. 2000 121,000 See Note b 157,000 See Note e 13. 2001 122,000 See Note b 158,000 See Note e 14. 2002 125,000 See Note b 158,000 See Note e 15. 2003 139,000 See Note b 158,000 See Note e TOTAL SUM BID FOR ITEM NOS . 1 THROUGH 15 NOTES: a. Estimated solid waste ton nage per calendar year. 40,000 tons will be bro After 1990, approximately ught in during a 6 wee distributed throughout the k period with the remainder year. b. Unit price for solid wa ste. Unit price shall be as December 31, 1990, therea bid by Contractor until fter beginning January 1, 199 thereafter the unit price 1 and as of each January 1st shall be adjusted by 75% of the immediately preceding the percent change, during calendar year in the Consumer Consumers (All Items) for Price Index for All Urban Honolulu,. Hawaii, as publish labor, Bureau of Labor Sta ed by the U.S. Department of tistics. For bid purposes onl shall be assumed to increa y the Consumer Price Index se 5% a year and therefore, the previous year multiplied by unit price will be the 1.0375. c. Estimated solid waste tonnag e multiplied by solid waste uni t price. d. Estimated ash and residue ton nage per calendar year. e. Unit price for ash’ and residu e. Unit price shall be as bid December 31, 1990. Thereafter beginning January 1, by Contractor until 1st, thereafter the unit pri 1991 and as of each ce shall be adjusted by 75% of January during the imediately preced ing calendar year in the Consum the percent change, Urban Consumers (All Items) er Price Index for All for Honolulu, Hawaii, as pub Department of Labor, Bureau lished by the U.S. of Labor Statistics. For bid purposes onl Consumer Price Index shall be y the assumed to increase 5% a year and price will be the previous year , therefore, the unit multiplied by 1.0375. f. Estimated ash and residue tonnag e multiplied by ash and residue uni t price. g. Solid waste cost plus the ash and residue cost.EXHIBIT I
  • MINIMUM SPECIFICATIONS 1. DEFINITIONS. A. “Ash” shall mean the material remaining after the incineration of• solid waste at owned by City, -including, withou any incineration facility t limitation, the “H—POWER” waste—to--energy facility and the Waipahu incinerator; provided, however, any portion of such material which is Hazardous Waste shall not be Ash for purposes of this Contract. B. “Au Property” shall mean that parcel of land defined in Appendix”A” attached hereto and made a part hereof. C. “Campbell Property” shall mea n that parcel of land defined in Appendix “B” attached hereto and made a part hereof. 0. “Contract” shall mean the con tract documents consisting of the Notice to Bidders, Proposal, Specifications, Special Exhibit I, Minimum Provisions, Appendices, gen Terms and Conditions and Contrac eral t and Bond. E. uForce Majeure” has the meaning set forth in Section 11. F. “Hazardous Waste” shall mean: (1) all waste defined or charac ter by the SWDA or regulations pro ized as hazardous waste mulgated thereunder, (2) all radioactive wastes and wastes which are not disposed of by generally accepted sanitary landfill disposal methods, and (3) all waste defined or charac terized as hazardous waste by any agency of the State of jurisdiction over hazardous Hawaii having waste generated within such state, and shall be construed to have the broader, more encompassing def inition where there exists a conflict in the defini tions employed by two or more governmental agencies having concurrent or overlapping jurisdiction over generated within such state. hazardous waste G. “Landfill” shall mean the san 200 acres, more or less, loca itary landfill consisting of ted on both the Au Proper and Campbell Property. ty H. “Landfill Site” shall mean the land area composed of the •Property and the Campbell Pro Au perty as defined in B above. and C I. “Residue” shall mean Solid Waste which, although incinerated, has been processed through not shredding or crushing systems at the trommel, the “H—POWER” Facility.1INIHIiM SPECIFICATIONS -1—
  • 1. DEFINITIONS. (Cont’d) 3. “SWDA” shall mean the Federal Solid Waste Dis posal Act (42 USC 3251), as amended, including the Conservation and Recovery Act of 1976 (42 usc Resource 6901) and aN future amendments thereto and regulations promulgated thereunder. K. “Solid Waste” shall mean: (1) all waste defined as solid waste by the SWDA or regulations promulgated thereunder and (2) all waste defined as solid waste by any agency of the State of Hawaii having jurisdiction over solid waste generated within such state, including, limitation, Ash, Residue, bulky without items, demolition materials and tree trimmings, exc ept that the term “Solid Waste:” a. shall exclude Hazardous Waste; b. shall exclude radioactive waste; and V c. shall be construed to have the expansive definition where ther narrower, less e exists a conflict in the definitions employed by two or more governmental agencies having V concurrent or overlapping jurisdiction over Solid Waste generated within such state. L. “State” shall mean the State of Haw aii. M. “Tons” shall mean 2,000 pounds. 2. SCOPE OF WORK. Contractor shall develop Landfilloperate the Landfill for a per Site and iod of fifteen (15) years in accordterms and provisions set fort ance with the h herein. AddQdun1 .3 A’. LANDFILL DEVELOPMENT. Except for the construction preconstructed for the City on the Au Property to prepare the Lan sentlyacceptance of Solid Waste the dfill for theof the Landfill Site, includi Contractor will be responsible for development ng the installation of a 3—foot comliner on the Au and Campbell pacted clay properties, drainage system, leachate lines, initial excavation, collectionimprovements on the Au Proper access roads to Campbell property and any tyCampbell Property. All permanen which are required by the development of the t improvements shall conform toCounty of Honolulu Standard Spe the cifications for Public Works Constru City and1986. Landfill shall be develope ction dated d to provide maximum capacity ofSite with a minimum of 6.7 the Landfill million cubic yards for a heiglimitation of 400 feet. Site ht elevation development shall be designed by aengineer with a minimum of 5 years experience in the design or professionalsanitary landfills. The staging operations of of the disposal operations onto theproperty will be coordinated wit Campbell h City officials. 4. LANDFILL OPERATIONS. Contractor shall have exclusive righresponsibility for the operation t and of the Landfill, in accordance withprovisions of this Contract for the 1 the term of this Contract, except as othprovided herein. erwise VMINIMUM SPECIFICATIONS
  • 4. LANDFILL OPERATIONS. (Cont’d) A. Contractor shall, for the term of this Con tract, furnish all materials, personnel, labor, tools, equipment and utilities, at its sole expense, for the operation of the Landfill, and shall be solely resp onsible, not only for said operation, but also for the repair and maintenance thereof including buildings, scale, and computer. Contractor shall operate said Landfill according to generally accepted landfill standards for the operation of a sanitary landfill under the supervisi on of experienced sanitary landfill personnel. Landfill operation shall be conducted to provide maximum dens ity of Solid Waste (minimum of 1,100 pounds per cubi c yard) and maximum usage of site... Such Landfill operation sha ll, be so operated as not to be a nuisance to the citi zens or residents of the City. Contractor shall submit to the Officer—In—Char approval no later than fifteen (15) days after awar ge for contract an d of the operational plan which shall include of fill for the method solid waste and ash. B. Contractor will be responsible for all aspects of the operation of the Landfill with the exception of the scale house operations and collection of fees prepare all areas for disposal, com . Contractor will pact and contour all waste, cover all waste daily, main tain all equipment and labor, provide dust control, cover all operational expenses including utilities, and engineering fees associated with landfill operations, and all ons ite access roads. While operating the Landfill pursuant to this Contract, Contractor shall be responsible for maintaining all ‘leachate collection systems on the Landfill Site and for leachate and methane gas monitoring as required in State Department of Health Solid Was te Permit No. SW232235, revised March 9, 1988. C. Contractor will also provide for fina l closure of the Landfill according to applicable permit requirements including three (3) feet of suitable cove r materials to be placed on the compacted Solid Waste revegetation of the Landfill with natural and for the and slopes shall be contoured to vegetation. Tops provide for adequate drainage off of the Landfill. 0. Contractor shall also provide post —closure maintenance of the Landfill Site, (including, but not limited to, continued quarterly maintenance of monitoring wells, continued collection and treatment recompacting and recovering of any wast of leachate, e exposed due to fractions or fissures at the Landfill Site and continued revegetation of the Landfill) for a period of ten (10) years. However, Contractor shall not be post—closure maintenance if City, durin responsible for g the aforesaid ten (10) year period, elects to construct any residential, commercial, industrial, or any other development on any portion of the Landfill site or pursuant to Section 10 of the Contract.MINIt1UM SPECIFICATIONS
  • 4. LANDFILL OPERATIONS. (Cont’d) E. Contractor will be responsible liabilities for environmental including fines resulting from the work performed by Contractor pursuant to this Contract, provided that Contractor is the sole ope rator of the Landfill Site during its life-and that City exe rcises reasonable efforts not to allow Hazardous Waste Landfill Site in accordance wit to be delivered to the h Section.9 of the Minimum Specifications. F. Contractor shall maintain all entrance landscaping and install and maintain landscapin g for the closed portions of the Landfill immediately after each lift is completed, as well as.. landscaping on the parameter berms. Contractor shall provide twenty—four (24) hour security service for the Landfill Site. Contractor shall limit the use Landfill to sanitary landfill of the operations. V G. It is understood that becaus e of the proximity of the Landfill to the West Beach and other developments in the • Ewa Plain and because the V Landfill is adjacent to the mai access road to Ewa and Waiana n e, that the Contractor shall maintain the Landfill entranc e area, access road to the working face and completed esthetically pleasing manner Landfill areas in an , to the extent reasonably practicable. Contractor sha ll perform his operations so to keep the working face hid as den away from West Beach to the extent reasonably practicabl e. The Officer—In—Charge or authorized representative of an the Officer—In--Charge shall determine what is reasonably determination shall be final. practicable and said H. Wastewater treatment sludges , septic tank and cesspo pumpings may be disposed of ol at the Landfill Site provided that such disposal is in accordance with the City and County of Honolulu, July 1987 edition of “Guidelines for Use of Municipal Landfills” and provided that the disposal of such wastes is lawfully permitted at the Landfill. I. Contractor shall maintain drainage within tVhe Landfill all roads, utilities, and Site. V J. All Solid Wastes disposed of thoroughly compacted by equipm at the Landfill shall be capacity to carry out the lan ent of sufficient weight and dfill operation. At a mini the Contractor shall have at mum the site In operational two (2) D8 tractors or equiva order grader, and o-ne (1) water lent, one (1) loader, one (1) truck. Sufficient auxiliary equipment shall be maintained on the t..andfi’Il Site, or readily available, in order kep to permit continuous operati t of the Landfill in the event on of equipment breakdown increased volumes of material or to be handled. The Contractor will be permit ted to use City equipment listed below subject to the con ditions herein: (1) Two (2) 09N diesel powered crawler (2) tractors iwo (2) three thousand five hun dred (3,500) gallon water tank trucksV MINI?-1UM SPECIFICATIONS -4—
  • 4. LANDFILL OPERATIONS. (Cont’d) 3. (3) One (1) diesel powered motor grader (4) One (1) rubber tire front end loader and backho e. The two (2) 09N tractors and the two (2) water tank trucks will be available for the Contractors use at the beginning of the contract period. The diesel powered motor grader and rubber tired front end loader and backhoe have been purchased and are anticipated to be delivered in January 1989. However, it shall be understood and loss of anticipated profits due to agreed that any the failure of the diesel powered motor grader and rubber tired front end loader and backhoe to be available for the Contractors use by January 1989 shall not constitute adjustment under the contract. grounds for equitable If the Contractor uses the two (2) D9N tractors, said tracto rs must be returned by July 1, 1992 or before twelve tho usand four hundred ninety (12,490) hours of equipment operation, whichever comes first. The Contractor must return the operating condition, fair wear equipment in good and tear excepted and shall be responsible for any repairs to the tractors as a result of the operation by the Contrac tor. During this period the Contractor uses the D9N Tracto rs, the Contractor shall be responsible for all costs to repair, operate, and maintain the tractors. The City currently has a Pacific Machinery for extende contract with d services and warranties of the tractors; however, the Con tractor shall be responsible to contact Pacific Machinery regarding the service and and make all arrangements warranty provisions of the tractor. If the Contractor uses the wat er tank trucks, motor grader and front end loader and bac khoe, said equipment must be returned by July 1, 1992. The Contractor must return the equipment in good operating condition, fair wear and tea excepted, and shall be resp r onsible for any repairs as result of the operation a by the Contractor. During the period the Contractor use s the equipment, the Contractor shall be responsible for all costs to repair, operate, and maintain the equipment. Contractor shall insure Citys pursuant to Section 12..A Insu equipment for coverages Minimum Specifications herein rance Requirements of the . agreed that the City will not be It shall be understood and of the equipment under any circ responsible to replace any shall be solely responsible to umstances. The Contractor replace the equipment at own expense. Further, the cost to. replace its shall not be considered an said equipment pursuant to Section 18, Pric unforeseen cost increase e Adjustment for Unfore Cost Increases, of the Special seen Provisions herein. K. Contractor shall use reasonable efforts to prevent fire and the blowing of papers, tra sh, dust, ash, and oth materials at the Landfill Site, er and shall keep the Landfill Site neat and sanitary at all times during the term of thi Contract. The size of the active face,” s Waste is from time to time deposit on which Solid ed, shall be kept to a minimum. Water supply and spray equipm available and used to control dus ent shall be t and extinguish fires, as requ i red.MINIMUM SPECIFICA1 IONS
  • 4. LANDFILL OPERATIONS. (Cont’d) L. Contractor shall erect suc h temporary or permanent fences. or take such other measure s as may be necessary, to control the blowing of paper, trash, dust, ash, and other mater from the Landfill Site. ials M. Some material suitable for Landfill cover is the Landfill available at Site at no cost to Contract shall provide or. Contractor the additional cover mater sources at its ial from off-site own cost. N. No salvaging operations will Site without the prior writte be permitted at the Landfill n consent of City. Salvag if permitted, shall be so ing, will not interfere with organized and conducted tha t it prompt sanitary disposal of Waste, or create health Solid haz shall be removed from the ards. All salvaged material location at Landfill Site to an approv such intervals as nec ed V excessive accumulation. essary to prevent V 0. All Solid Waste received at the Landfill Site sha thereupon become the proper ll ty of City. All contracts for salvaging or recycling of materials shall be admini by City. Salvaging, if permitted, stered and conducted that it will shall be so organized be away from working fac not interfere with prompt e and sanitary disposal of Solid or create health hazards. Waste, All salvaged material sha V removed from the Landfill ll be Site to an approved locatio such intervals as necessary n at accumulation. It is und to prevent excessive erstood that City at its choose a contractor oth option may er than the Contractor such salvaging or recycling to perform services. P.City shall retain all rights to recover methan generated at the Landfill e gas as long as such activities interfere th operation do not of the Landfill; provided, however, in the event tha t it is necessary for Co to install and operate a met ntractor hane gas collection or con system at the Landfill Sit trol e, Contractor shall have authority to collect, sel full l methane gas and retain all rev and/or otherwise use such enues therefrom to offset cost of such installation and the operation; provided, furthe that in the event such operat r, ion shall equally share profits betw is profitable, the parties een them. 5. HOURS OF OPERATION. Contractor shall keep theopen for the receiving of Landfill Site Solid Waste from 7:00 a.m.(7) days per week, exc to 4:30 p.m. daily, sev ept that the Landfill Site enandNew Year’s Day. Contr may be closed Christmas actor shall, however, operate Daysuch other hours as may be at the Landfill during necessary in emergency situatioby City and Contractor. ns or as agreed to 6. SIGNS. Contractor shall erect approppublic of the name of the riate sig facility, hours of operation and ns to inform thethe Landfill. All costs charges for use of for erecting, maintaining, andbe borne by Contractor. replacing signs shallHINIMUM SPECIFICA1 IONS -6—
  • 7. IMPROVEMENTS. Contractor shall maintain located on the Landfill all City facilities Site, including the scale hou improvements or alteration se, but may not make any s to any such City facilitie City. Contractor may constru s without the consent of expense, such structures ct at the Landfill Site, at Co as the Contractor may desire ntractor’s sole this Contract. Until the in the performance of expiration or sooner terminat title to any improvements erected on the ion of this Contract remain solely in the nam Landfill Site by Contractor sha , e of Contractor. ll termination of this Contr On the last day or sooner act, the improvements erecte Contractor may be removed at d on the Landfill Site by the option of Contractor, caused by reason of removal provid shall be repaired at the exp ed that any damage Any improvements constructed ense of contractor. by the Contractor remaining sixty (60) days after the on the Landfill Site expiration or sooner termi shall be deemed abandoned by nation of this Contract, Co provided, however, at City.’s ntractor and shall become the property of City; Contractor shall remove suc request, within such sixty h improvements. (60) day period, removal, shall be repaired at Any damage caused by reason the expense of Contractor. of 8. TRAFFIC CONTROL. Contractor agrees to coo assure proper traffic contro perate with City to l upon entering and exiting the Landfill Site. 9. COMPLIANCE WITH LAWS AND PER MITS. A. Contractor and City agree that each will comply wit federal, state, and loc h all al laws, and in all ma respects with permits, terial now in force and which may hereafter, during the term of this Contract, be passed become effective, applicabl. and e to Contractor or City, case may be, in connection as the with the performance of thi Contract. City shall be responsib s costs with respect to ope le for all additional ration of the Landfill res from changes (including ulting changes in interpretation), the bid opening date, in after any federal, state or local regulations, rules or per laws, mits or issuance of judicia administrative orders; pro l or vided, however, Contractor advise City, reasonably shall incurring any such cos in advance (if possible) of ts, of the anticipated amo thereof. City, at its option may unt or any City requested cap cause any such required ital improvements and/or ope needs to be provided and rating paid for either by competitiv bids or by negotiated agreem e ent, or by force account, all in accordance with law’s thereto. and regulations applicable For such negotiated or Contractor shall be allowed force account work twe and profit on all labor, equ nty percent (20%) overhead subcontracted items the tot ipment, materials, etc. For al overhead and profit subcontractor and Contract of the or shall not exceed twe V percent (25%). Contractor shall provide an nty-five all such cost to the lev accounting of el of detail acceptable including but not limited to to a breakdown by craft City positions of all direct or and indirect labor cos fringes, all material, and equ t, all ipment cost substantiated low price bid or competitiv by V V e negotiations, and unit cost as applicable. The same level of detail req price Contractor shall be provided by uired of subcontractors.MIN[i1U11 SPECIFICA1 IONS .7—
  • 9. COMPLIANCE WITH LAWS AND PER MITS. (Cont’d) B. City and Contractor shall use not to allow any Hazardous reasonable business efforts Waste to be delivered to the Landfill Site. 10. CLOSURE OF THE LAN exclusively operates the D.FILL SITE. In the event that contractor Landfill pursuant to this agr as the Landfill is com eement until such time pletely filled, Contractor closure and post—closure shall be responsible for monitoring and maintenance However, if this Contr of the Landfill Site. act is terminated prior to completely filled, Contr such time as the Landfill is actor shall only be respon portions of the Landf sible for closure of those ill which were filled by post—closure monitoring Contractor and for such and maintenance as occurs pri this Contract. All clo or to the termination of sure and post—closure monit be performed in accordanc oring and maintenance shall e with applicable state law s. 11. FORCE MAJE1JRE. Exc rendered, neither party ept for City’s obligation to hereto shall be liable for pay for services hereunder due to any eve its failure to perform nts of Force Majeure. “Force Majeure” shall mean any acts, events or condition s beyond the reasonable con upon by such party as trol of a party and relied justification for nonperform compliance with any con ance of any obligation or dition required of such including, but not limited party under this Contract, reasonable control of to the following, to the the affected party: extent same are beyond the flood; explosion; accide injunctions; riots; war; fir nt; sabotage; acts of God e; in interpretation) in any ; changes (including change federal, state or local s permits (other than change laws, regulations, rules or s affecting income taxes in investment tax credit payable, including changes s and depreciation allowa or administrative orders nces) or issuance of judicia , whether valid or invalid l date of this contract; on or before the affected lack of fuel; or the fai to issue or grant, or lure of any governmental the suspension or revoca body license, permit or oth tion or modification of er authorization necess any Landfill Site pursuant to ary for the operation of this Contract. the 12. INSURANCE REQUIREMENTSthis Contract to maint . Contractor agrees at all ain in full force and times duringWorkers’ Compensation, effect Employer’s Liability Public Liability, and Autom ,the extent reasonabl otive Liability coverages to y available in the inscommencement of work her urance marketplace. Beforeof insurance, or other eunder, Contractor agrees to. furnish City certificate evidence satisfactory to Cit sinsurance has been pro y, to the effect that such cured and is in force. Thethe following express certificates shall contain obligation: This is to certify that the policies of insurance herein have been issued to described the insured for whom thi is executed and are in for s certificate ce at this time. In the event of cancellation or material change in a policy aff certificate holder, thirty ecting the (30) days prior written not be given tte certificate holder ice shall .” A. City shall be named as Ad ditional Insured, except wit respect to losses, damages, h claims or other matters ari from the fault, negligenc sing e or willful misconduct of City, its employees or agents the , maintained by Contractor pur on all policies of insurance suant to this Contract other than Workers’ Compensation Insurance. For the purposes ofMINiMUM SPECIFICATIONS -8—
  • 12. INSURANCE REQUIREMENTS. (Cont’d) A. this Contract, Contractor or an affiliate of Contractor shall carry the following typ es of insurance in at least the limits specified below: Coveraqes Limits of Liability Workers’ Compensation Employer’s Liability Statutory $500,000 Coveraqes Limits of Liability General Liability Including Bodily — $2,000,000 combined single limit each occurrence. Injury and Property Damage Automobile Liability Including Bodily — $2,000,000 combined single limit per occurrence. Injury and Property Damage Excess Liability $5,000,000 each occurrence. As an alternative to the above, law, the above insurance req to theextent permitted by uirements may be met, in who or in part, by one or more le plans by Contractor or an affilia of self—insurance provided te and approved by City, provided that such approv al shall not be unreasona withheld. bly B.The City reserves the right to review the coverages and modify the types and limits of coverages. The City shall be responsible for the add itional premium cost for higher limits and additional coverages if required by the City. 13. INSPECTION. Cityduring normal operating hours, shall be entitled toinspect the Landfill Site provided that such Inspectionswith operation of the Landfil do not interfere l Site. Contractor shall be entand have its agent or employ itled to inspect ees present at the scale housevehicles may enter the Landfil at all times that l Site. 14. STUDIES. Contractor and its representativemployees, arid contractors sha es, agents, servants, ll have the right at any timetime tQ undertake tests and and from time to studies •at the Landfill Siteelect to perform, including as Contractor may the sampling of water and soiSite. l on the Landfill 15. COMPENSATION. A. On or before the fifteenth (15 th) day of each calendar month during the term of this Contract, Contractor shall invoice City for Solid Waste disposed at the Landfill during the immediately preceding mo nth in accordance with Exhibit I of the Proposal and B and C below.MINIMUM SPECIFICATIONS —9—
  • 15. COMPENSATIoN. (Cont’d) 8. For all such Solid Waste as is disposed of at the Landfill in automobiles or in pick—up trucks havi ng a load capacity of less than 3/4 ton, City shall not pay by the tonnage but pay Contractor as. follows: Automobiles 10% of Solid Waste Unit Price Pick—Up Trucks 25% of Solid Waste Unit Price C. Asbestos, large animals (over 70 lbs.) and waste which commercial haulers wish to bury separately shall be treated as special handling. City shall pay Contractor an additional surcharge equal to solid waste unit price per truckload for special handling. B. Contractor may, upon reasonable not ice to City, examine the books and records of City, relating to the calculation of the number of tons of Solid Waste disp osed at the Landfill. a. Adrdum 16. EMPLOYEES. A. The Contractor will agree to prohibit the use of intoxicating substances by his landfill personnel while on duty or in the course of performing their duties under this contract. B. Contractor’s employees, officers, subcontractors shall, at no time, agents, and be allowed to identify themselves or in any way represe nt themselves as being employees of the City. 17. CONTACT. Throughout the periodshall establish and maintain a local of this contract, the Contractor office and anauthorized managing agenwithin the City and County of Honolulu t . The Contractor shall furnish thethe name of the managing agent prio City r to commencing landfill operationsshall notify the City if the managin and g agent is changed at any time.to the Contractor’s agent shall alwa Request ys constitute a request to the Contrac tor. Contractor’s local office shall haveduring the time period 6:30 a.m. a responsible person in charge to 4:00 p.m. from Monday through Satuwith the authority to make decisio rday ns relevant to operations under thiscontract. In addition, an employee of the firm shall answer the phone to .receive complaints and inquiries from the public related to this conAll complaints shall be resolved in an exp tract. editious manner within the following24—hour period. Contractor’s managing agent shall servedealings and communications with the Con as the point of contact for tractor.MINUltJjl SPECIFICATIONS -10—
  • SPECIAL PROVISIONS TABLE OF CONTENTS SECTION TITLE PAGE 1 General 1 2 Wages, Hours and Working Conditions of Employees of Contractors Supplying Services 1 3 Preparation of Bids 1 4 Bid Prices 2 5 Method of Award 2 6 Familiarity With Laws and Ordinances 2 7 Personal Liability of Public Officials 2 8 City Not Liable for Delays 2 9 Reservation of Rights 2 10 Term of the Contract / 3 11 Qualifications of Bidder / V 3 12 Bidders Certification 3 13 List of Equipment V V 3 14 Execution of Contract 3_ 15 Failure to Execute Contract V 3 16 Verbal Agreements V 4 17 Price Adjustmnet In Accordance with the Consumer Price Index 4 18 Price Adjustment for Unforeseen Cost Increases 4 19 Modification V 5 20 Contractor’s Indemnity S 21 City’s Indemnity 5 22 Failure to Perform 5SPECIAL PROVISIONS 1 V TABLE OF CONTENTS
  • SPECIAL PROVISIONS TABLE OF CONTENTS SECTION TITLE PAGE 23 Security for Faithful Performanc e S 24 Governing Law 6 25 Survival 6 26 Behavior of Employees 6 27 Complaints 6 28 Accidents 7 29 Termination of Services 7 30 Breach of Contract 7 31 Independent Contractor 7 32 Deposit, Assignment, and Tra nsfer of Certificate of Deposit ..— 7 33 Construction of Contract 7 34 Early Termination of Contact 8 35 Amendments to the General Ter ms and .- Conditions 8SPECIAL PROVISIONS —2— TABLE OF CONTENTS
  • SPECIAL PROVISIONS 1. GENERAL. The furnishing of all supervision, necessary labor, equipment, materials, tools, supplies, insurance and all other actual and implied expe appurtances, nses connected thereto and to perform all work necessary and specified in the prescribed manner and time, to provide services to opearte and Waimanalo Gulch Sanitary Landfill, complete mkae improvements to the as specified hereinafter, for the Department of Public Works, Division Disposal, City and County of Honolulu, Hon of Refuse Collection and olulu, Hawaii shall be subject to these Special Provisions and the Proposal, Exhibit I, Minimum Specifications, Appendices, and the Gene ral Terms and Conditions, atached hereto and by reference made a part here of. 2. WAGES, HOURS, AND WORKING CONDITIONCONTRACTORS SUPPLYING SERVICES. Sect S OF EMPLOYEES OF ion 103—55, Hawaii Revised Statutes(FIRS), provides that before any prospective bidder, except thosespecifically exempted by the said Act, shall be entitled to submit anybid for the performance of any cont ract to supply services in excess of$5,000 to any governmental agency, theservices to be performed will be perfo bidder shall certify that the rmed under the following conditions: A. Wages. The services to be rendered shall be performed by employees paid at wages or salaries the wages paid to public officers not less than and employees for similar work. B. Compliance with labor laws. All applicable laws of the Federal and State governments rela ting to worker’s compensation, unemployment compens ation, payment of wages, and safety will be fully com plied with. C. Section 103—55, II.R.S., shall not apply to: managerial, supervisory, or clerical personnel. 0. Pursuant to Section 103—55, H.R.S., a bidder .whoe employees are not excluded under para graph “c” above of said provisions shall complete and submit with the bid the enclosed certificate. No contract to performcontracting agency in excess of $5,0 services for any governmentalconditions of this section are met. 00 shall be granted unless allconditions during the period of the cont Failure to comply with said ract shall result in cancellationof the contract. To comply with the above provisions,complete and submit the enclosed certific a bidder shall ate. 4ddwurn ,3’. PREPARATION OF BIDS. In addition to the provisions ofSection 2.3 of the General Terms and Conditions herein, the followingshall be included and made a part hereof: A bidder shall not submit more than one (1) bid document and shall not submit more than one (1) offe r for each sub—item specified in the bid documen t for this bid . solicitation. If a bidder, under the same or differentSPECIAL PROVISIONS
  • 3. PREPARATiON. OF BIOS. (Cont’d) names, submits more than one solicitation, all bid doc (1) bid document for this bid uments from the bidder shall be rejected. If a bidder sub mits more than one (1) offer for a sub—item specified in the bid document, all offers for the sub—item from the bid der shall be rejected. If there is any evidence indicating that two (2) or more bidders are in collusion to restric t competitive bidding, •the bids of all such bidders shall be rejected and such evidence may be caused for the disqualifica tion of the participants on any future proposal for any con tract with the City. Addndum . ,4’. BID PRICES. Bid pric and the cost of all necessa es shall include all applicable taxes ry labor, supervision, equipm tools, supplies, appurte ent, materials, nances, insurance, and all oth implied expenses connected er actual and thereto to provide the services to make improvements to to operate and the Waimanalo Gulch Sanitary Lan specified herein. dfill Site as In order to be considered for all the sub—items of all the award, a bidder must bid on items as listed in EXHIBIT I her Add ein. %. METHOD OF AWARD. Notwithstanding the Section 2.18 of the General provisions of Terms and Conditions herein, made to the responsible bid award will be der submitting the lowest tot requirements herein. Bidders are advised award will al sum bid and the total sum bid being lower be contingent upon than the cost for the City to landfill. Award is also conting operate the ent upon approval of the City Council. 6. FAMILIARITY WITH LAWS AND ORDbid on this work shall be con INANCES. The submission of a sidered as the representationbidder is in compliance with all that the Federal, State and City laws,and regulations which affect tho ordinances se engaged or employed inequipment used in the work, or the work, or which in any way affects thethe work; and no plea of misund conduct of erstanding will be consideredof ignorance thereof. If the bidders or Contractor on accountprovisions in the specifications discovers any or contract documents which areto or inconsistent with any law contrary , ordinance or regulation,immediately report it to the Chief they shall of Refuse Division in writing. 1. PERSONAL LIABILITY OFnor any of his assistants or emp PUBLIC OFFICIALS. Neither the Mayor loyshall be personally responsible for ees nor any other agent of the Cityof the contract or operations of any liability arising or growin the Contractor under the term g outcontract. s of this 8. CITY NOT LIABLE FOR DELAYS.that in no event shall the City It is further expressly agreed be liable for or responsibleContractor, subcontractor or to any to the other person for or on accountstoppage or delay in the work her of any ein provided for by injunction orlegal or equitable proceedings or other on account of any delay for anyover which the City has no control cause . 9. RESERVATION OF RIGHTS. It is hereby reserved to the Cityevery right and power which is req uired to be herein reserved or proby an ordinance of the Charter vided of the City and the Contractor agrees toSPFCIAL PROVISIONS
  • 9. RESERVATION OF RIGHTS. (Cont’d) be bound thereby and to comply with any action or req uirements of the City in its exercise of such rights or powers, heretofore established. or hereafter enacted or The awarding of a contract as provided for constitute a waiver or bar to the exercise of herein shall not any governmental right or power of the City. No right or exemption shall be granted those specifically described herein. to the Contractor except 10. TERM OF THE CONTRACT. The term of the contract shall be period of one hundred eighty (18 for a 0) months, unless the landfill site completely filled earlier or the is contract is terminated. The term of the contract shall commence on the date as established in the award letter by the Director of Finance. The City issued as possible. desires to commence the contract The Contractor shall commence ope as soon (30) days after the issuance rations no later than thirty of the award letter. By mutual agreement, the contract may be extended on a month—to—month, year—to—year or agreeable periods until the closing other mutually prices calculated pursuant to EXH of the landfill site, at the contract unit IBIT I and as otherwise specified under the same terms and conditi herein and ons. Such extension(s) shall by issuance of a letter by the be accomplished City and acceptance shall be said letter by the Contractor. by endorsement on 11. QUALIFICATIONS OF BIDDER. Section 2.8 of the General Term In addition to the provisions s and Conditions herein, the of qualified by experience, adequate financing, and equipm bidder must be called for in the contract. ent to do the work This will be demonstrated in from a governmental unit cert part by a letter ifying that the potential bid for at least five (5) yea der has performed rs satisfactorily as an operato landfill which had a minimum inp r of a municipal ut of 500 tons per day.• 12. BIDDER’S CERTIFICATION. bidder certifies that the bid By the submission of the bid is genuine and is not made in the , the on behalf of any undisclosed interest of or person, firm, or corporation and in conformity with any agr is not submitted eement or rule of any gro organization, or corporation; up, association, that the bidder has not direct induced or solicited any oth ly or indirectly er bidder to put in a false or bidder has not solicited or sham bid; that the induced any person or corporatio bidding, and that the bidder n to refrain from has not sought by collusion or obtain any advantage over any oth otherwise to er bidder or over the City. 13. LIST OF EQUIPMENT. with the bid and shall include the The list of equipment shall be submitted bidder proposes to accomplish the number and type of vehicles wit h which the work. -. 14. EXECUTION OF CONTRACT. Within ten (10) calendar daysnotification of award of contract, the bidder to whom the award is mad afterexecute the contract documents spe e shall cified and submit them to Financeand shall furnish a Performance Sur Director ety and Insurance as satisfactoryCity. to theSPECIAL PROVISIONS --3—
  • 15. FAILURE TO EXECUTE CONTRACT. upon their failure to enter into the It is agreed by the bidder that Performance Surety within ten (10) contract and furnish the necessary calendar days, the amount of the bond shall become the property of the bidder’s City and shall be retained, not as penalty but as liquidated damages. The a award of the contract may then, discretion of the City, be made to the at the next lowest responsible bidder work may be re—advertised or may be.p , or the erformed by the City in any lega l manner. 16. VERBAL AGREEMENTS. No officer, agent, or employee of the verbal agreement or conversation with any the contract, shall affect or modify City either before or after execution of in the contract. any of the terms or obligatio Any such verbal agreement ns contained considered as unofficial informa or conversation shall be tion and in no way bindin the Contractor. g upon the City or 17. PRICE ADJUSTMENT IN ACC The price adjustments relatin ORDANCE WITH THE CONSUMER PRIC g to the changes to the Con E INDEX. purusant to EXHIBIT I herein sumer Price index shall be made automatically and every January 1 thereafte on January 1, 1991 r for the duration of the con tract. 18. PRICE ADJUSTMENT FOR UNF Addnd of contract, the Contractor ORESEEN COST INCREASES. Ourin uni may request of the City an g the term to the contract unit price appropriate adjustment and/or appropriate direct reim Contractor experience unfore bursement, should the seen cost increases beyond which are five (5) percentage its control in, total points greater than the per the Consumer Price Index for centage increase in all Urban Consumers (All Hawaii. Items) for Honolulu, In such event, the Contractor the Director of Finance wit must submit h detailed information sup a written request to requested and shall certify porting the adjustment or have certified, upon req applicable evidence or doc uest by the City, all umentation to justify the of Finance shall determine adjustment. The Director whe provided by the Contractor ther the supporting evidence or documentation documentation. is sufficient and may require additional V V The City shall review the evidence or documentation, request together with all .su and if deemed justifiable pporting Finacne, the request shall be by the Director of approved. V All of the following conditionsV price adjustment. shall apply to the request for V A. No adjustment shall be allowed the period prior tç January 1, under this section to cover 1991. 8. The Contractor may make only one (1) request each cal year and said request sha endar ll be filed on or December 31 of said year. The before request shall cover the increases that the Contractor cos incurred during the calend t year in which the request ar is submitted. If the City V V V adjusts the contract unit price reimbursement), the adjustment (instead of making will begin January 1 of the year immediately following the effective for a period of 12 mo request and will be nths or less.SPECIAL PROVISIONS -4—
  • 18. PRICE ADJUSTMENT FOR UNFORESEEN COST INCREASES. (Cont’d) C. The City reserves the right to determine whether to make adjustments to the contract unit prices and/or make direct reimbursements to the Contractor. reimbursements are made, they If adjustments! will be limited to the Contractor’s total cost greater percentage points exceeding the than the five (5) percentage increase in the consumer Price Index for all urban consumer (all items) for Honolulu, Hawaii. Addndurv .3 _.W Any adjustments and/or reimbursements Sections 9, Compliance with Law covered under s and Permits, and 12.8, Additional Preimum Cost for Hig her Limits and Additional Coverages. if Required by the City, Specifications, shall not apply of the Minimum to this section. 19. MODIFiCATION. This contract constitutes the entiand understanding between the par re agreement ties hereto and it shall not be conmodified, altered, changed or amen sidered ded in any respect unless in wrisigned by both parties hereto. ting and 20. CONTRACTOR’S INDEMNITY. Except as provided in SectionCITY’S INDEMNITY, Contractor agr 21, ees to hold harmless and uncindemnify City against and for all onditionally liabilities, costs, expenses, claidamages which City may at any time ms, and suffer or sustain or become liablereason of any accidents, damages for by or injuries (including injuriesdeath) either to the persons or resulting in property or both, of Contractoremployees of either party, or to or City or any other parties, many manneror resulting from, the willful mis caused by, conduct or negligent act of Conemployees or agents in the perfo tractor, its rmance of this agreement. Inhowever, shall Contractor be liable to City for any liabilit no event,expenses, claims or damages in ies, costs, any manner caused by, or resultinwillful misconduct or negligent g from, the act of City, its employees or agecomplying with applicable permit nts, or from s. V V 21. CITY’S INDEMNITY. ExceptCONTRACTOR’S, City agrees to hold as provided in Section 20, harmless and unconditionally indContractor against and for all emnify liabilities, costs, expenses, claidamages which Contractor may at ms, and any time suffer or sustain or becomefor by reason of any acciden liable ts, damages or injuries (includingresulting death) either to the injuriesContractor or employees of either persons or property or both, of City or -inmanner caused by, or resulting party, or to any other parties, from, the willful misconduct or neg in anyof City, its employees or agents ligent act in the performance of this Conrelease of pollutants from the Landfil tract or any l Site, whether such releaseair, water (including groundwat is into the er) or land, providing that suchdischarge arises from the operati release or on of the Landfill by any personother than Contractor. In no event, however, shall City or entityCorftractor for any liabilities, cos be liable to ts, expenses, claims or damagesmanner caused by, resulting from, the willful misconduc in any t or negligent act orof Contractor, its employees or agents. 22. FAILURE TO PERFORM. In the event that either party breachdefaults under this Contract, provided es or the breach or default is not due toevent of Force Majeure, and such breach any or default is not cured, or diligentattempts to cure have not been institut ed, within thirty (30) days afterreceipt of written notice of such brea ch or default, the other party maySPECIAL PROVISIONS -5—
  • 22. FAILURE TO PERFORM. (Cont’d) terminate this Contract. In the event City terminates this Contract pursuant to this Section, City shall be entitled to reco ver all reasonable and necessary costs incurred by City to operate or cause oper ation of the Landfill in accordance with and for the remainder of the otherwis e unexpired portion of the term of this Contract (for purposes hereof, bein g the expiration of the 15th year or at such time as the Landfill is com pletely filled, whichever of is first to occur) over and above such amounts as would have, been payable by City to Contractor had this Contract not been terminated and had Contractor continued to operate the Landfill hereunder. Furt her, in the event that City terminates this Contract pursuant to this Sect ion, (i) City may temporarily (for up to 90 days) use such equipment of Con tractor located at the LandfillSite as City elects in return for paymentand/or the City may, within.thirty (30) days of a fair rental value therefor, after such termination, purchaseany such equipment as City elects for an amo unt equal to fair market valuethereof,. and (ii) Contractor agrees ‘to assign to City all of Contractor’srights and authorities under applicable permits (provided City shall beresponsible for obtaining all required gove rnmental approvals for transfer). 23. SECURITY FOR FAITHFUL PERFORMANCE.provisions of Section 2.23 of the Gene Notwithstanding the ral Terns and Conditions herein, thesecurity for faithful performance shall be in the amount of fifty percent(50%) of estimated average annual cost of the contract. The average annualcost will be calculated by dividing the total sum bid by fifteen (15) years.The performance security may either be for the term of the contract, inincrements of twelve (12) month periods or in incremental pejods acceptable tothe Director of Finance. In the event the contract is extendedeighty (180) month period, pursuant beyond the one hundred to Section 10, Term of the Contract,the Special Provisions herein, the of above—mentioned security for faithfuperformance shall be provided for the l duration of the extended periods. Also, the Contractor shall depositperformance of $50,000.00 for the post a security for faithful —closure period of ten (10) years or asotherwise specified. Said security shall be submitted thirdays prior to the termination of the ty (30.). calendar contract and may be for the term of thepost—closure period or in increments as specified hereinabove. 24. GOVERNING LAW. This Contract shall be governed by thethe State of Hawaii. laws of 25. SURVIVAL. All representations,indemnities shall survive the termination warranties, covenants, and of this Contract. 26. BEHAVIOR OF EMPLOYEES. Any person empby any subcontractor who, in the opinion loyed by the Contractor or of the Officer—In—Charge, doesperform the work ma proper and skillful not manner or is intemperate, disorderlbehaves in an uncivilized manner, offen y, ds or harasses the City’s employeeofficials or offends the public while perfo or rming the work or while at thesite, shall at the written request of job the Officer—In—Charge, be removedforthwith by the contractor or subcontra ctor employing such person, andnot be employed again in any portion shall of the work without the approval ofOfficer—In—Charge. . theSPECIAL PROVISIONS
  • 27. COMPLA1I.. The Contractor shall be responsible for rece citizen inquiries. The Contractor shall provide iving the City with a phone number which will be published in informational literatu re and the Government sectwn of the local telephone book. The telecommunication system must be capa handling out customer service request loads. ble of The Contractor shall keep a record of the total number of calls received related to this contract. In addition, the Contractor shall keep a record of each complaint call including the name, address and phone number of the complainant, date of occurrence, nature of occurrence and disposition. If the Contractor finds the complain Contractor shall notify the complainant t to be without merit, the of the finding and advise the resident at that time that if they wish to appe al the decision, they may call the Refuse Disposal Engineer at .5.23—4775. 28. ACCIDENTS. Although the Contractorresponsibility for all claims of shall retain full damage to private property, the Cityrequire a written explanation may of the circumstances, results ofinvestigation and disposition of the any claim. The Contractor shall notify thecitizen within ten (10) working days in writing of the disposition of theclaim. If the Contractor assumes responsnotifications shall ibility for the damages, the include a date by which remecompleted. If the Contractor denies respons dial action will bewritten notification must include ibility for the damages, the options available to the citizenthe decision. These options may be internal to appealexternal legal remedies. appeals within the company or 29. TERMINATION OF SERVICES. The preformarice of work or servicesunder this contract may be term inated, in whole or in part, whenDirector shall determine that term ever the ination of the contract, in wholepart, is in the best interest of or in the City. In such event, the City shall beliable only for payment for work or services performed prior to thedate of termination and for effective payments provided for in SectionTermination of Contract. 34, Early The termination of work or serveffective upon thirty (30) calen ices shall be dar days prior written noticeContractor. to the 30. BREACH OF CONTRACT. In the event of any breach of the termthe contract by the Contractor, the s of City shall have, in addition to anyrecourse, the right to terminate other the contract without service of notresort to legal process and without ice or / any legal liability on its part. Further, the Director reservesContractor from bidding on any or the right to suspend the all City bids for a period of sixor longer. The City may also utilize (6) months all other remedies as provided by law. 31. INDEPENOENT CONTRACTOR. The Conindependent Contractor and not the tractor shall be deemed to be agent, servant, representative or anof the City. Under no circumstances employee will the service be considered aof partnership or joint venture betw contract een the City and the Contractor. 32. DEPOSIT, ASSIGNMENT, AND TRANSFERNotwithstanding Section 23, SECURITY OF CERTIFICATE OF DEPOSIT. FOR FAITHFUL PERFORMANCE, of thesSpecial Provisions hereinabove and Sect e ion 2.6 and 2.23 of the General Termand Conditions herein, a bidder who s uses the Certificate of Deposit as adeposit and/or performance securit bid y shall complete the Deposit, Assignmand Transfer of Certificate of Depo ent, sit form attached hereto and made a parhereof. tSPECIAL PROVISIONS —7—
  • 33. CONSTRUCTION OF CONTRACT. The masculine shaH be deemed to embrace and include the feminine and the sing ular shall be deemed to embrace arid include the plural, whenever required in the context of the contract. Add ?‘• EARLY TERMINATION OF CONTRACT. Should this terminated, other than Contractors fault, befo contract be re the expiration date or before the landfill is filled to capacity •the Contract or shall be paid a portion of its cost for the development at the landfill. by the following formula: Such cost shall be determined Contractor’s Development Cost X (1.-. Volume of Landfill Used 6,700,000 cubic yards ) Volume of landfill used in cubic yard multiplying the solid waste tonnage recei s will be determined by ved by 2.6 and multiplying the ash and residue tonnage receivedby 1.2. Contractors development cost to be shall be limited to cost for installing repaid under this Section liner, leachate collection system, and permanent drainage system and init ial grading and grubbing of Campbel property. l Contractors development work may be prov by competitive bids or by negotiated ided and paid for either agreement, or by force account, all in accordance with law’s and regulations applicable thereto. For such negotiate or force account work Contractor sha d ll be allowed ten percent (10%) over and profit on all labor, equipment, head materials, etc. For subcontracted items the total overhead and profit of the subcontractor and Contractor shall not exceed fifteen present (15%). Contract or shall provide an accounting of all—. such cost to the level of detail acce ptable to City including but not limit to a breakdown by craft or positions ed of all direct and indirect labor cos all fringes, all material, and equipme t, nt cost substantiated by low price bid or competitive negotiations, and uni t price cost as applicable. The same level of detail required of Contractor shall be provided by subcontractors . 35. AMENDMENTS TO THE GENERAL TERMS AND changes are hereby made and incorpora CONDITIONS. The following ted as part of the General Terms Conditions attached hereto and made a and part hereof: Being inapplicable to the agreement Section 1.7, 2.7, 2.11, 2.12, 2.14, herein contained, 2.15, 2.16, 2.22, 2.24, 2.25, 2.27 2.34, and 2.35 are hereby deleted in thei , 2.29, r entirety. 8. AcI4nduri f’ SPECIAL PROVISIONS
  • crI’f cojqciiCITY AND COUNTY HONOLULU. O HONOLULU r 7 ccL’, / L.? HAWAII O. RESOLUTION LEEWARD SANITARY LANDFILL (WAI14ANALO GULCH SITE) PARCEL 1 (Fee Simple) Being a portion of Lot 358-B—i-A-i Court Application 1069 and covered -A (Mao 191) of Land by Transfer Certificates of Title Nos. 66,314, 239,361 and 239, 562. Situate at Honouliuli, Ewa, Oahu , Hawaii. Beginning at the Northwest corner being also the Northeast corner of this parcel of land, of Lot 358—A—i and the Southeast corner of Lot 359-5—1 (Mao 221) of Land Court Application 1069, the coordinates of said point of begi nning referred to Government Survey Triangulation Station “KAPUAI NEW” being 8,127.68 feet South and 17,007.00 feet West, as shown on Division of Land Survey and Acqui sition Parcel Map File No. 18—2— 3—11, and running by azimuths measured clockwise from true Sout h: 1. 270° 00’ 712.81 feet along Lot 359—A—4—A—1—A (Map 277) of Land Court Application 1069; 2. 360° 00’ 1,500.00 feet alongsame; 3. 45° 10’ 1,195.88 feet along same; 4. 118° 57’ 234.51 feet along Lot 358—5—1—3—1 (Map 191) of Land Court Application 1069; 5. 28° 57’ 527.87 feet along same; 6. 118° 57’ 820.00 feet along the Northeast side of Fazringtcn Highway; 7. 208° 57’ 363.47 feet along Lot 358-3—2-K-1 (MaD 168) of Land Court ADDlication 1069 ; 8 182° 2’ 36” 1,1O ‘ ee alona rader of ct 353—_i_—’_ (MaD 191) of Land Ccurt A1ic- tion 1069; ..FFE::cIx “A’
  • _________• C I nI Co L7 CI I... CITY NO COUNTY Q ONOUU - HONOLULU. HAWAII No RESOLUTION. 9. 2310 36’ 594.15 feet along Lot 358—A—i (Map 221) of Land Court Application 1069; Thence along same, along the middle of ridge for the next five (5) courses, the direct azimuths and distances between points on said middle of ridge being: 10. 221° 11’ 30” 169.15 feet; 11 288° 26’ 30” 104 80 feet, 12 214° 49’ 267 30 feet, 13. 245° 13’ 196.15 feet; V 14. 217° 37’ 30” 137.12 feet to the point of beginning and containing an area of 82.555 acres. APPENDIX “A”
  • _____ ___crr cotCITY ANO COUNTY cI O IONOL.UL.U HONOLULU. HAWAII L. siO V o. RESOLUTION LEEWAPD SANITARY INDFILL (WAIMANALO GULCH SITE) PARCEL 2 (Fee Sote) Being a portion of Lot 359—A—4-A—1-A Court Application 1069 and covered by Transf (Map 277) of Land er Certificate of Title No. 15,790. V Situate at Konouliuli, Ewa, Oahu, Hawaii. Beginning at the Southwest corner of this being also the Northeast corner of Lot parcel of land, 358-A-i and the Southeast corner of Lot 359—B—i (Map 221) of Land Court Application 1069, the coordinates of said point of beginn ing ref err.ed to Government Survey Triangulation Station “KAPUAI NEW” being 8,127.68 feet South and 17,007.00 feet West, as shown on Division of Land Survv and Accuisjtjn Parcel Map File No. 18—2—3—11, and running by azLmuths measured clockwise from true South: V A1oxg Lot 359—B—l (Map 221) of Land Court Application 1069, along the middle of ridge for the next eleven (11) courses, the direct azi.’nuths and distances V between points on said middle of ridge being: V 1. 217° 37’ 30” 31.43 feet; 2. 215° 07’ 30” 277.33 feet; 3. 203° 30’ 222.00 feet; 4. 207° 53’ 211.00 feet; 5. 221° 17’ 394.00 feet; 6. 195° 27’ 256.60 feet; 7. 202° 05’ 30” 3!2.27feet; 8. 210° 20’ 174.30 feet;
  • 4, Icrr-CTV AND cotjcIz COUN’i’ OF )4ONOL.ULU HONDLULU. HAWAII No. 5-27S RESOLUTION 9 189° 52’ 30” ‘. 461.20 feet; 10. 234° 28” 30” 124.00 feet; II. 220° 14’ 345.00 feet; 12. 145° 24’ 30” 425.95 feet along Lot 359—B—i (Map 221) of V Land Court Application 1069; 13. 239° 38’ 1,665.65 feet along rema inder of Lot 359—A—4—A—1—A (.Iap 277) of Land Court Applica tion 1069; 14. 355° 45’ 187.00 feet along Lot 359— A—3 (Map 140) Land Court Application 1069 of ;—. 15. 345° 00’ 68.00 feet along same; 16. 331° 30’ 101.00 feet along same; 17. 327° 00’ 832.00 feet along same; 18. 59° 40’ 799.99 feet along remainde r of Lo 359-A—4-A—l—;. (Map 277) of Land Court App lica tion 1069; 19. 18° 43’ 885.21 feet a1on same; 20. 350° 20’ 40.00• feet along Lot 359-A —4-B (Map 155) of Land Court Application 1069; 21. 25° 50’ 54” 3,096.62 feet along rema inder of Lot 59—A— (Map 277) of Land Court 3 4-A—1-A.. tion 1069; Applica 22. 180° 00’ 1,300.00 feet along Lot 358—3—1—A—l—A (!ap of Land Court Application 191) 1069; 23. 90° 00’ 712.91 feet along same to te point of beginnina and ccr.tainin of 113.067 acres. an area flI APPENDIX
  • GENERAL. TERMS AND CONDITIONS OF CONTRACTS FOR SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES OF THE CITY AND COUNTY OF HONOLULU SECTION 1 — DEFINITIONS Whenever used herein: 1.1. “CITY” means the City and County of Honolulu. 1.2. “DIRECTOR” means the Director of Finance of the City, who has been duly author ized to actas the Contracting Officer of the City. 1.3. “PURCHASING DIVISION” means the Division of Purchasing, Department of Finance of theCity. 1.4. “OFFICER IN CHARGE” means the Director and Chief Engineer, Department ofof the City. Public Works 1.5. “LOWEST RESPONSIBLE BIDDER” means a qualified bidder whose bid conforms to theinvitation for bids and the acceptance of which is most advantageous to the City, price and other factorsconsidered. 1.6. “CONTRACTOR” means the person, as defined in Section 103-41 , Hawaii Revised Statutes,duly entering into the contract with the City in connection with these General Terms and Conditions. 1.7. “OFFICIAL COMMENCEMENT DATE” means the commencem ent date for work or deliverydesignated in the written “Noticej’ in Charge, or the Director, afterexecution of the contract by the cid 1 SECTION 2— INSTRUCTIONS TO BIDDERS 2.1. BIDS. Bids shall be submitted on forms furnished bythe Purcha sing Division. Unless otherwisenoted, bidders may bid on any of the items listed in the bid form, leaving the others blank. Any bid whichcontains omissions (except as noted above), alterations, additio ns not called for, conditional bids orirregularities of any kind, may be rejected. Bids shall be sealed in envelopes furnished by the PurchasingDivision. The bid number, bidder’s name and address, and closing date of the bid must be printed on theoutside of the envelope. 2.2. ADVERTISEMENT FOR BIDS. No expenditure of public money, except for salaries or pay ofofficers and employees, or permanent settlements, subsidies or other claims or objects for which a fixedsum must be paid by law, or for other purposes which do not admit of competition,or for the purchase ofmaterials, or supplies from any other department, bureau, organi zation, a municipal or politicalsubdivision of the Federal, State, municipal or county govern ment, or for the performance of publicworks or contracts by any other such department, bureau , organization, or municipal or politicalsubdivision of the Federal, State, municipal or county govern ments, where the sum to be expended is$8,000 or more, shall be made except under contract let after public adverti sement for sealed tenders. Noexpenditures for public purposes shall be so divided or parceled as to defeat or evade this section. Publication of a call for tenders shall be made not less than three (3) timesgeneral circulation printed and published within the State. No more in a newspaper of than one of these calls for tendersshall be published on any one day or on two consecutive days. In all cases of expenditure of public money that is more than $4,000 but less than $8,000, a callfor informal bids shall be published at least once in a newspaper of genera l circulation printed andpublished within the State. 2.3. PREPARATION bE BIDS. Bids must be signed in ink by the person or person s duly authorizedto sign bids in the space provided for signature on the bid forms. In the case of a domes tic corporation.the title or titles of the person or persons signing must be stated and the corporateseal affixed thereto. Inthe case of a foreign corporation, if the corporate seal is not readily available, a copy of a resolution of theBoard of Directors of such corporation. or other written evidence of authority signed by an officer of thecorporation, authorizing the person or persons signing to execute bids, contracts and all other necessarydocuments in connection therewith shall be attached. Where the bidder is an association or group, thetitle or titles of the person or persons signing must be stated and an affidavit ot the associa tion or groupmust be attached which acknowledges the authority of the signer or signers to sign bids, contrac ts and allother necessary documents in connection therewith for the association or group.: . nov. d.6)
  • Bids .ill b’ tvlwwritten or printed in ink. Errors may be erased or crossedtypewritten or print(’d in ink but must be initialed in ink b’ the person out, and corrections or persons signing the bids. In case ot error in extending the unit price, the unit prICe shall goverr.. Unsigned bids shall be rejected. 2.4. SUBMISSION OF BIDS. Before submitting bids, bidders must read and examine the Special Provisions, Specifications, or Proposal and Specifications. General lerms and Conditions, and all other bid documents attached hereto and by relerence made a part hereof . Submission of bids shall be deemed veritication of such reading and examination. Bidders must time stamp and deposit their bid envelopes at Office of the Purchasing Division, City Hall, Honolulu, the designated location in the Hawaii. All bid envelopes must bear the Purchasing Division’s time stamp mark. Envelopes which are not time stamped or which are time stamped after thespecified bid opening time and date shall be rejecte d. - 2.5. BID OPENINGS. The opening of such tenders shall be not less than five (5) days after the lastpublication. All bids shall be opened by a representative of the Director, at the hour and place stated inthe call for tenders, in the presence of all bidder s who attend, and may be inspected by any bidder. 2.6. DEPOSIT ACCOMPANYING BIDS. Each bid shall be accompanied by a deposit of legal tender,negotiable certificate of deposit, cashier’s check, certifie d check on a bank that is insured by the FederalDeposit Insurance Corporation, or on a savings institu tion insured by the Federal Savings institutioninsured by the Federal Savings and Loan Insurance Corpo ration or by a surety bond executed by anycorporation organized for the purpose of becoming surety on bonds, authorized under the laws of theUnited States or of the State to act as surety, and doing business in the State under the laws of the UnitedStates or of the State, if a foreign corporation, and under the laws of the State, if a Hawaiian corporation.Bid deposits shall be in a sum not less than five percent (5%) of the amount bid, payable at sight to theDirector, provided, that when the amount bid exceeds fifty thousa nd dollars ($50,000), the legal tender,certificate of deposit, cashier’s check or certified check shall be in a sum not less than two thousand fivehundred dollars ($2,500) plus two percent (2%) of the amount in excess of fifty thousand dollars ($50,000).A certificate of deposit, cashier’s check or certified check may be utilized only to a maximum of onehundred thousand dollars ($100,000). The City shall not pay any interest on such security. Deposits for bids which require a deposit in excess of one hundred thousand dollars ($100,000)shall only be in the form of legal tender or a surety bond. In case of alternate bids, the amount of such security shall be based upon the highest alternatebid submitted. If the bidder to whom a contract is awarded shall fail or neglect to enter into the contractand furnish satisfactory security within ten (10) calendar days after the award or within such further time asthe Director may allow, said security shall be forfeited as liquidated damag es and not as a penalty and theDirector shall deposit such security or the proceeds thereof in the treasur y of the City as its realization. TheDirector may thereupon award the contract to the next lowest responsible bidder, or may call for otherbids, as deemed best. The bid security shall be returned to the successful and unsuccessful bidders as provided by Section 103-30, Hawaii Revised Statutes. 2.7. BROCHURES, SPECIFICAT1ONS;AND-QUESTIONNAIRES. Whenever a questionnaire isattached to the bid form, bidders shall coñiplèe’and submit such questionnaire with their bids, togetherwith all specifications and brochures. The Director reserves the right to require bidders to provide, at their own expense,withi n ten(10) calendar days from the date of the City’s request, all specifications and brochures on the item or itemsoffered. Failure to comply.with the City’s r stn the time specified may be suffici ent cause forrejection of a bid. Whenever the reparation and submission of a questionnaire is required, all specifications andbrochures submitted by the bidder shall be properly annotated identifying all applicable data on theitem(s) being offered and shall fully substantiate the information requested in the questionnaire. In theevent the information requested in the questionnaire cannot be substantiated by the manufacturer’sspecifications and brochures, the manufacturer shall certify in writing that the item(s) will bemanufactured in accordance with the bid questionnaire and manufacturer’s specifications. Failure to comply with the requirements of the provisions herein may be sufficient cause forrejection of a bid. 2.8. QUALIFICATION OF BIDDERS. The Director may at any time require any bidder, prospectivebidder, or contractor to prove their financial ability, experience, competence, and capability tosatisfactorily perform the contract. The Director shall prescribe the form of proof and be the sole judge of the qualifications of thebidder. All information submitted shall be treated as confidential in accordance with Section 103-25,Hawaii Revised Statutes. Information so submitted shall be returned to the bidders after having served itspurposes. . 2.9. UNBALANCED BIDS. The Director may reject any bid or item bid which is consideredunbalanced..flF•I .7O(i’. 618(a
  • __4 2.10 INTERPRETATION OF BID PROPOSAL. SPECIAL PROVISIONS, REQUIREMENTS, PLANS, SPECIFICATIONS, AND GENERAL TERMS AND CONDITONS. In case of any doubt as to the meaning of any proposal, special provisions, requirements. specifications, plans, and general terms and condit ions, the interpretation by the Director shall control. All directions and explanations required or necessary to complete the contract shall be formulated by the Director or an authorized representative. 2.11 BRAND OR TRADE NAME. Whenever one or more manufacturer’s brand or trade name is specified, bidders shall base their bid on one of the specified brands. However, other manufacturer s’ brands may also qualify if found to be equal to or better than those specified. A bid based on an unspecified brand will be subject to evaluation as to its comparable quality. The burden of proof as to the comar jtj of alternate products shall be upon the bidder and the bidder shall, at the r1swithin 3 AJr4 calendar days from the date of the City’s request, all necessary information and/or exact samples of the item(s) being considered for award. The Officer in Charge reserves the right to determine whether alternate brands are equivalent to and meet the indicated standards of quality, and the decision shall be final. 2.12. STANDARD EQUIPMENT. Whenever the word “standard” is used in these specifi cations to describe any item, price of equipment, or parts assembly, it shall be construed to mean that the items or assemblies so described shall be the newest, regular, and current product of the manuf acturer thereof. Such product shall be identified by a model or other designation without modifi cation or omission of any of its usual parts, or the substitution of oth hereinafter specifi as 4 .ejç 1 ed, and the details, capacities and ratings must manufacturer’s catalog or other printed matter describing the items or r?ts. Standard sub-assemblies, accessories fittings and finishes shall be construed to be those which are regularly furnished as a part of the principal unit or assembly and shall be included in the selling price thereof. 2.13. WAIVER OF MINOR DEVIATIONS. The Director reserves the right to waive and/or accept any minor deviations from the specifications, if in the Director’s opinion such waiver will be in the best interest of the City, and that such waiver shall not in any way affect the standards of performance, operation, capacities or capabilities of the item offered. 2.14. OUT-OF-STATE BIDDERS. Pursuant to Section 103-53.5, Hawaii Revise d Statutes as amended, where the bidder or vendor is an out-of-state vendor, not doing busine ss in the State of Hawaii, the package bid or purchase price, for the purpose of determining the lowest price bid, shall be increased by the applicable retail ratqi t’4four percent (4%), and the applicable use tax which is one-half percent t ‘rtre’’icfder, taking into consideration the above increases, shall be awarded the contract, but the contract amount of any contrac tawarded shall be the amountof the bid offered and shall not include the amount of said increas es. 2.15. PREFERENCE FR %r accTS. Pursuant to ç.DU 4. 1 Section 103-24, Hawaii Revised Statutes, as to American products, materials and supplies. 2.16. LOCAL PREFERENCE. Sections 103-41 through 103-48 Hawai , i Revised Statutes, as amended, provide that preference be given to bidders who claim such prefere nce for locally-produced or manufactured products which have been qualified and registered with the State Comptroiler:Section 103.43, Hawaii Revised Statutes. a adta o,rqcedures for manda tory purchases of Hawaii products which are on the St tr1LflI btbikJiJuct List, therefore, bidders claiming such preference shall designate in their bids which items are Hawaii produc and ts classified thereunder. If the products are not qualified or registered with the State Comptroller, or in the absenc e of any Hawaii Product List compiled by the State Comptroller, local product preference shall not be granted by the City. 2.17. SPECIAL PROVISIONS, REQUIREMENTS OR SPECIFICATIONS. Whenever separa te proposals, special provisions, requirements, specifications or plans are referred to or attached hereto, they shall be considered a part of the contract as if contained therein. Should any of the proposals, special provisions, requirements, specifications or plans conflict with these General Terms and Conditions, said proposals, special provisions, requirements, specifications or plans shall govern. 2.18. AWARD OF CONTRACT. RIGHT TO REJECT BIDS. Unless otherwise stipula ted, the Director will issue a written award of the contract, if an award is made, to the lowest respon sible bidder on each individual item called for.9he Director reserves the right to reject any or all bids, or any part thereof, or waive any defects, when in the Director’s opinion, such rejection or waiver will be in the best interest of the City. When time of delivery or completion of work is specified as one of the factors to be considered in awarding the contract, the Director may award the contract to the bidder proposing the earliest completion or delivery date if it appears to be to the advantage of the City, even though such bidder is not the lowest bidder. 2.19. CANCELLATION OF AWARD. The Director reserves the right to candel an award at any time prior to the signing of the contract by the City. 2.20. CONTRACT. The successful bidder must within ten (10) calendar days after notification of the award, or within such luriher time as the Director ay authorize, enter into a contract. which contrac t shall be in the Inim attached to these General Terms and Conditions.
  • 2.2. CONTRACTS NOT BINDING UNLESS APPROPRIATION binding or of any torce unIss the Director certitie that there AVAILABLE. i’ contrai hai be s is an available unexpended appropriatun balance ol an appropriation over and above all outstan o: ding contracts, sufficient to cover the amoun required by the contract; provided that this section t shall not apply to any price-term, open-end. requirements contract under which the total amoun or t to be paid to the Contractor cannot be accurately estimated at the time the contract is to be awarded. In contracts involving local and supplemental funds from the shall be applicable only to the portion of the contrac Federal government, this section t price that is payable out of local funds. The portion of the contract price that is expressed in the contract to be payable out of Federal funds shall be construed to be an agreement to pay such portion to the Contractor only out of funds received from the Federal government. It shall not be construed as a genera l agreement to pa’ such portion out of any funds other than those which are received from the Federal government. 2.22. AWARD OF CONTRACT BY PURCHASE ORDER.On any individual award totaling less than$8,000, the Director reserves the right to award the contract by Purchase Order. Issuance ot such Purchase. Order shall result in a bindingContractor or the City. Award of c without further action by either theTerms and Conditions; however, the Directo Mi’1ia’il not be deemed a waiver of these General r may waive the security for faithful performance requiredunder Section 2.23. 2.23. SECURITY FOR’FAITHFUL PERFORMANCE. ExceptCity, the successful bidder must, within ten (10) calend for awards on insurance coverages for the ar days after notification of the award, or withinsuch further time as the Director may authorize, deposit legal tender, certificate of deposit which shall bea negotiable instrument as set forth in Section 490:3-104, Hawai i Revised Statutes, as amended, certifiedcheck, or cashier’s check drawn on a bank doing business in the State of Hawaii, or execute a surety bondon the form attached to these General Terms and Conditions, naming the Contractor as principal and theCity as obligee, with.a surety company authorized to do surety business under the laws of the State. Suchsurety shall be in an amount equal to fifty percent (50%) of the contract price or of the estimated contractprice, whichever is higher. The security shall guarantee the full and faithful performance of the contract inaccordance with the terms and intent thereof and also for prompt payment for all labor, material, andgoods furnished by others to the Contractor and used in the prosec ution of the work required by thecontract. The bond shall also, by its terms, inure to the benefit of any and all persons entitled to file claimsfor labor performed or materials furnished in the work so as to give them a right of action as contemplatedrSWLi Statutes. The said security shall continue in force for a perio ne speciai irovis ions d) calendar days after the final acceptance of the work. The City shall notpay any interest on such security. Notwithstanding such security, should the Contractor fail to satisfa ctorily perform thecontract, the Director may bar the Contractor from bidding on any or all of the City’s purchases andcontracts for a period of six (6) months or longer. 2.24. DELIVERY. The number of calendar days for delivery of goods or completion of contract will becalculated from the official commencement date. After the contract is signed by the Director, the Officer in Charge or the Director will issue tothe Contractor a written “Notice to Proceed” establishing the official commenceme nt date. Should the Contractor begin work or make delivery in advance of the official commenceme ntdate, such work or delivery shall be considered as having been done at the bidder’s own risk and expenseas a volunteer and no payment will be owed to the Contractor for such advance work or delivery. The service, material or goods shall be performed, completed or delivered on or before thedue date specified by the City in its “Notice to Proceed. •q.ob completion or delivery of goods orservices be delayed on account of &L2’ prwf the City, extraordinary weather, fire,other extraordinary reasons for which the Contractor is not responsible, or by any other circumstances forwhich the Contractor has no control, the due date for such performance may be extended by theDirector. The Director shall be the final judge for extending the due date of any contract, provided thatwritten application foran extension of time is filed by the Contractor with the Director before theexpiration of the due date or before the expiration of any extended time limit. The request for extensionshall be in writing and include documents such as Contractor’s Purchase Order, manufacturers’acknowledgment, shipping manifest and any other documents substantiating the causes of such delay.Such extension, if granted, shall not be deemed a waiver of the right to terminate the contract for other oradditional delays not covered by the specific terms of such extension(s). The Contractor shall deliver the materials or goods and furnish the services at such particularlocation designated and in the manner directed by the Director. 2.25. QUALITY OF MATERIAL. The material or goods covered by these General Terms andConditions shall be newfJ kind. Only standard products of recognizedmanufacturers will be corr.— 2.26. RIGHTS AND REMEDIES OF THE CITY BECAUSE OF DEFAULT. In the event servicesperformed or materials or goods furnished by the Contractor in the performance of the contract orpurchase order should fail to conform to the specifications therein, the Director may reject the same. ItD’P 7OIFi 6786) .4-
  • __________________shall rhereupon become the duty of the Contractor to reclaim and remove the materials and goodsfohhwith, without expense to the City, and immediately replace all such rejected services, material% orgoods which do not conform to the specifications. However, should the Contractor tail, neglect or retuseto do as directed within the time provided bythe Director, the City shall thereupon have the right to applythe provisions for liquidated damages as set forth in Section 2.27 of these General Terms and Conditionsfor each and every calendar day the Contractor delays in replacing the rejected services, materials orgoods. The City shall also thereupon have the right to purchase in the open market the correspondingquantity of any such items, or to perform the corrective services, and to deduct from money due or thatmay thereafter become due to the Contractor, the difference between the price named in the contract orpurchase order and the actual cost thereof to the City. In case any money due the Contractor isinsufficient for said purpose the Contractor shalipay the difference upon demand by the Director. TheCity may also utilize all other remedies as provided by law. The Director further reserves the right tosuspend the Contractor from bidding on any or all City bids for a period of six (6) months or longer. 2.27. LIQUIDATED DAMAGES. It is mutually understood and agreed by and between the parties tothe contract and these General Terms and Conditions that time shall be the essence of the contract andthat in case of failure on the part of the Contractor to complete the contract within the time specified andagreed upon, the City will be damaged thereby, and the amount of said damages, being difficult if notimpossible of definite ascertaint çi, t reed that the amount of such damages shaHbe estimated, agreed upon, liq1J nd ‘tte sum of Dollars ($ ) for each andevery calendar day, including Sundays and holidays, the Contractor shall delay in the completion of thecontract; ar)d the Contractor hereby agrees to pay the City as liquidated damages, and not by way ofpenalty, such total sum as shall be due for such delay computed as aforesaid. 2.28. ASSIGNING AND SUBLETTING. The Contractor shall not assign or sublet any of the work to beperformed without written permission from the Director. The assignment or subcontracting shall not,under any circumstances, relieve the Contractor of the Contractor’s obligation and liability under thecontract with the City. All persons engaged in performing the work covered by the contract shall beconsidered as agents of the Contractor, and shall be subject to the provisions thereof. 2.29. PAYMENTS. Payments will be authorized by the Director after completion of performance ordelivery and acceptance by the Director of all materials, goods, and services stipulated in the contract or Purchase Order. Payments will be made as soon thereafter as the regular course of business will allow;provided, however, that than forty-five (45) calendar days followingreceipt of the statement ri’lt completed. Final payment will not be made, inany event, without the written consent of the surety on the Contractor’s bond and a certificate from theState Director of Taxation certifying that all taxes levied or accrued under State Statutes against theContractor with respect to this contract have been paid. 2.30. ASSIGNMENT OF MONEY DUE OR PAYABLE. No assignment of money due or to become dueto a Contractor on any City contract shall be made without prior written consent of the Director. Suchconsent shall be given and such an assignment shall be accepted only if the assignment meets thefollowing requirements: a. The assignment must be money due or to become due on a formal contract. A formal contract is a contract in writing which has been approved as to form and legality by the Corporation Counsel, and certified as to availability of funds by the Director of Finance. A formal contract would not include a Purchase Order or letter contract. b. The assignment must be theentire amount due or to become due on the contract and the amount due or to become due must be not less than one thousand dollars ($1,000). 2.31. GENERAL TERMS AND CONDITIONS INTENDED TO COVER. These General Terms and Conditions are intended to cover furnishing and paying for services, materials or goods called for, including delivery to the places designated. 2.32. LIABILITY OF CONTRACTOR. The liability of the Contractor shall r.ot cease when acceptance is made of services, goods or materials covered by the contract, but shall continue as provided by the terms of the contract and by law. Materials or goods which are found to be damaged or defective. &cxwithin the contract and post-closure periods 3y shall be immediately removed by the Contractor and replaced with like materials or goods in perfect condition. In addition,the Contractor shall hold the City and all its officers, agents. and employees harmless against any and all claims arising out of, or occasioned by, any acts or omissions of the Contractor, its officers, agents, or employees, pursuant to the contract and from any and all claims arising out of, or occasioned by, any damaged or defective materials or goods. 2.33. PATENTED ARTICLE. The Contractor shall hold the City and all its oificer, agents. servants and employees harmless against all claims arising from the use of any patented article, patented process or patented appliance used in connection with the contract. Any royalties due or becoming due tor the use of any patented article or process shall be paid by the Contractor and considered to be originally included within the proposal and contract price. .J.
  • 2.:N. ADDITIONAL SERVICES. MATERIALS GOOD . S. Uurins the one-(’dr p(’Ood b(’1.if tW d.tte 01 contract the City, subject to approval of the lnIflL’ 1mm Contractor. reserves the right to addition,l items as purchase speDttTTfl3iSEC’flfl Proposal and Spccificaiic,n at the same and under the same tern find COflUitiOlls umt price a specitied herein. 2.35. PRINTING. BINDING AND STATIONERY WORK. All requests for bids or contracts for print binding and stationer’ work shall stipulate that ing, such work will be performed within the State. the lowest price br which such work can However, if be procured within the State exceeds the bid or mainland manutacturer of such items by fiftee charge of a n percent (15%). the requested work or any part may be performed outside the State. thereof Every iqtes for bids or contracts shall stating that employees engJ submit an affidavit mt re1th?rMth3fhiie contract will which shall include the cost to the emp be paid the prevailing wages. loyer of the fringe benefits, and will work under the hours of work. The prevailing wages and prevailing hours of work shall be for the locality in the State of Hawai the work is to be performed and shall i where be determined by the Director of Labor and Industria the State. Any bid or proposal shall not l Relations of be considered or accepted unless an affidavit is subm itted. 2.36. FORBIDDEN INTEREST IN GOVE RNMENT CONTRACTS. No officer or head of department having the power to mak any e or award a contract shall make, award, or participat awarding of a contract to oneself or to e in the any partnership or corporation in which one is astockholder when the contract involves the member or expenditure of government funds in excess of $50. Nor shall any officer or head of any departme nt, before or after award of contract, gain aninterest as Subcontractor or otherwise for whic h one shall receive a consideration of over $50contract which one has made or awarded or participat in any ed in the making or awarding of. This section shallnot apply (1) if the contract is made with a corp oration in which the officer has the ownership ofthan five percent (5%) of the capital stock if it is a not more corporation or joint stock company; (2) if anyawarded to the lowest responsible bidder after adve contract is rtisement for sealed tenders according to law inwhere the sum lobe expended is $1,000 or more; cases or (3) if any contract is awarded to the lowest respobidder when requests of the same character nsible have been made to the principal dealers, Conpersons, partnerships, or corporations doing such tractors, work or selling such commodities for sealed tendthe same in cases where the sums to be expended ers for are more than $50 and less than $100. Any person who violates this section shall be finedmore than one year, or both and shall render not more than $1,000 or imprisoned not the contract or agreement void. 2.37. STATUTORY OR ORDINANCE REQUIREM ENTS. The applicable provisions of ChapterHawaii Revised Statutes, as amended, the City 103, Charter, and the City Ordinances shall be deempart of the contract as though fully set forth there ed to be a in. V C ,ORc’’.LI8G) .6.
  • I’ WASTE MANAGEMENT OF HAWAII, 98-02 1 Kamehameha Highway Aiea, Hawaii 96701 INC.7 Tel: (808) 487-2402 December 2, 1988 Ms. Linda L. Smith Director of Finance City and County of Honolulu Honolulu, Hawaii 96813 Dear Ms. Smith: Waste Management of Hawaii, Inc. is most pleased to submit our proposal to construct and operate the Waimanalo Gulch Landfill for the City and County of Honolulu. The implementation of this project will help provide Honolulu with safe, environmentally sound disposal for its solid waste and incinerator ash well into the next century. The proposal included with this letter is fully responsive to all the requirements of the Request for Proposals as per the specification. If awarded the contract, we will supply the City and County with our detailed operating plan and final design within the time specified in the Request for Proposals. However, we think it is important to note that our conceptual design. exceeds the required capacity of 6.7 million yards. .This will insure that the full 15 year life is achieved. Waste Management of Hawaii, Inc. is a wholly-owned subsidiary within the Waste Management, Inc. group of companies. Waste Management, Inc. and its subsidiaries operate more than 120 sanitary landfills in the United States, Canada, Italy, New Zealand, Argentina, and Saudi Arabia. The vast experience of Waste Management will be available to Waste Management of Hawaii, Inc. As a result, we have unparalleled expertise of the techniques required to mobilize and operate a project of the scale of Waimanalo Gulch. Section 5 contains a number of letters from government officials throughout the United States. The references attest. to our long-term partnership with cities and countries in providing safe, secure, and aesthetically pleasing waste disposal operations. We at Waste Management look forward to participating in this exciting and important project and are available to answer any questions you may have regarding our offer. Sincerely, Fred J. Weinert President FJW: IBB: rd
  • AGREEMENT THIS AGREEMENT,made and entered into this day of_______________ 19 , by and between the CITY AND COUNTY OF HONOLdLU,amunicipal corporation existing under and by virtue of the laws of the State of Hawaii, hereinaftercalled the “City”; and WASTE MANAGEMENT OF HAWAI, INC.a corporation organized and existing under the laws of the State of Hand authorized to do business in the State of Hawaii, hereinafter called the “Contractor”; WITNESSETH: That in consideration of the agreement of the City, hereinafter set forth, the Contractor PROVIDE SERVICES TO OPERATE AND MAKE IMPROVEMENTS TO THE WAIMANALO GULCHagrees toSANITARY LANDFILL, EWA, OAHU, HAWAII for the one hundred eighty (180) month periodtor the Division of Refuse Collection and Disposal, Department of Public Works, Cityand County of Honolulu, conditioned upon approval of additional funding by the CityCouncil, Stti 11424N4 all in.accordance with the terms set forth in theproposal, specifications, special provisions, general terms and conditions and all other documents,which are attached hereto and made a part hereof. And in consideration of the agreement of the Contractor, above set forth, the City agrees•to pay to the Contractor in full compensation for the services to be rendered for the duration ofthis Agreement, at the rate or rates set forth in said proposal. IN WITNESS WHEREOF, the parties hereto have caused these presents to be excuted thernday and year first above written. CITY AND COUNTY OF HONOLULU APPROVED AS TO FUhM -: ‘ _._:.;..•- By . pirector of Deputy Corpor3iCfl Coyi( WASTE MANAGEMENT OF HAWAII, INC. “1’. Contractor By / By Its iic,;;7’— PTC (SERV) REV ‘a
  • CERTI Fl CATE The undersigned certifies that he is the duly elected, qualified, and acting Assistant Secretary of Waste Management of Hawaii, Inc., a Hawaiian corporation (the “Company”), and that attached hereto as Schedule A is a true and correct copy of a resolution duly adopted by the Board of Directors of the Company and that such resolution has not been amended or rescinded and are in full force and effect on the date hereof. Dated: 28 Noveiiber 1988. - Ian B. BirdState of Illinois ) )County of DuPage ) I, Rosa P. Dankowski, notary public, appointed in DuPage County forthe State of Illinois, do hereby certify that Ian B. Bird personallyknown to me to be the person whose name, as Assistant Secretry of WasteManagement of Hawaii, Inc., a corporation of the State of Hawaii,subscribed to the foregoing instrument, appeared before me this day inperson and severally acknowledged that he being duly authorized, signedand delivered the said instrument as a free and voluntary act of thecorporation and as his own free and voluntary act for the uses andpurposes therein set forth. Given undermy hand and official seal, this 28th day of NovemberA.D. 1988. A AA a A& AA.& **AAAAA ?_ “OFFICIAL SEAL” ROSA P. DANKOWSKI Rosa P. Dankowski NOTARY PUBLIC, STATE OF ILLINOIS Notary Public My Commission Expires 8/12191 yyyyyvVVV’vy”yyyvyyy
  • 1 ‘I STATE OF ILLINOIS OFFICE OF THE SECRETARY OF STATE To all to whom these Presents shall come, Greetings: o/5 t/ L4a-nd mmz ROSA P DANKOWSKI DU PAGE 5674 CASCADE DR LISLE, IL e4thaJ 60532 a- NOTARY PUBLIC a’zdh L& AUGUST 12, 1987 AUGUST 12, 1991 BEGINNING EXPIRING In Testimony Whereof, 3L€4 .iei myhd aizd $‘i 11TH dayejI AUGUST 1987 9 inimiJthii. _ ._/1 246215 ! 3 O. ‘J SECRETARY OF STATE
  • j 4 0 THE BANK OF Toicyo, LTD. NEW YoRK AGENCY too BROADWAY. NEW YORK, N.Y. 10005 T ‘.rprpp CEDTT TzLPHoNz. 212) 766-3400 OF c&m.E ADDRZSS:’TOKBANK TzLzx: 222067 January 13, 1989 Department of Finance City & County of Honolulu Division of Purchasing Letter of Credit in Lieu Honolulu, Hawaii 96813 of Performance Bond Dear Sirs: We hereby establish our Irrevocable Standby Letter of Credit No. 110—LCS-820-929 in favor of the City and County of Honolulu, Division of Purchasing, Honolulu, Hawaii 96813, as beneficiary, at the request and for the account of Waste Management of Hawaii, Inc., 98021 Kamehaineha Highway, Aiea, Hawaii 96701, as custom er, - up to the aggregate amount of US$ 2,692,260.66 (Two million six hundred ninety two thousand two hundred sixty and 66/100 U.S. Dollars) pursuant to the terms and conditions hereof, upon presentation of the documents described below to: Bank: Bank of Tokyo, Ltd., Honolulu Agency Address: 841 Bishop Street, Suite2110, Honolulu, Hawaii 96813 on or before the expiration date. Documents Required 1. An acknowledged drawing certificate in the form of either Exhibit 1 or Exhibit 2 attached hereto, signed by any officer of the City and County of Honolulu (“City”) and dated the date such drawing certificate is presented hereunder; together with 2. A sight draft in the form of Exhibit 3 attached hereto, which forms an integral part of this letter of credit; a. Drawn on us by city and payable to City or City’s designee; b. Bearing the same letter of credit number as the number of this letter of credit; C. Dated the same date as the drawing certificate referred to in (1) above; and
  • I4 ‘. a WASTE MANAGEMENT OF HAWAII, INC. Action by Written Consent of the Board of Directors 2. Further resolved by the Board of Directors that: a. The Board of Directors hereby approves the submittal by the Company to City and County of Honolulu an offer for the purchase of all necessary labor, supervision, equipment, materials, tools, supplies, appurtenances, insurance and all other actual and implied expenses connected thereto and to perform all work necessary and specified in the prescribed manner and time to provide services to operate and make improvements to the Waimanalo Gulch Sanitary Landfill at Ewa, Oahu, Hawaii (Proposal Document 7325). b. The Board of Directors hereby authorize any officer of the Company, or Ian B. Bird, or Carlos Seraphin, or Frederick T. McGuire, acting individually, to execute and deliver the proposal, attendant exhibits, the resulting contract, and any other documents or other papers and to take such other action as such person may deem proper to enable the Company submit the proposal and comply with all obligations assumed thereunder.
  • 4’ :1. 4 d. With the dollar amount available therein specified not in excess of the maximum amount ava ilable to be drawn on this letter of credit; together with 3. A copy of this letter of cred it. Expiration Date We agree with you that all drafts drawn under and in complia with the terms of this letter nce of credit will be honored upon presentation to us at our Letters of Credit Section at 841 Bishop Street, Suite 2110, Honolulu, Hawaii 96813, by January 18, 1990 or prior to any subsequent exp , iration as provided herein. It is a condition of this letter of cred it that it shall be automatically extended for additional terms of one (1) year from the presen each future expiration date unl t or ess at least one hundred twe (120) days before said expirat nty ion date we give you and Was Management of Hawaii, Inc., wri te tten notice by certified mai return receipt requested, or by l, hand delivery, that we elect to terminate this Credit at the end of its then current term. Other Terms This letter of credit and the exh ibits attached hereto set fort in full the terms of our undertakin h g, and such undertaking shall not in any way be modified, amen - ded or amplified by reference any other document whatsoever. to This letter of credit shall be governed by, and construed in acc ordance with, the terms of the Uniform Customs and Practice for Documentary Credits (1983 revision), International Chamber of Commerce Publication No. and, to the extent not inconsistent 400 therewith the terms of the Uniform Commercial Code of the Sta te of Hawaii. Communications with respect to this letter of credit shall be addressed to us at our address list ed in the first paragraph hereof, specifically referring to thi s letter of credit. Drafts drawn under this Letter of Cre dit must be marked: “Drawn under the Bank of Tokyo, Ltd., New York Agency, Credit No. lOO—LCS-820—929 dated January 13, 198 9.” Very truly yours, BANK OF TOKYO, LTD. NEW YORK AGENCY By: Its f SR. U’
  • ‘a - State of Illinois ) ss. County of DuP age ) On this 13th day of Jan uary, 1989, before me app Fairbanks and Ian B. Bir eared Gregory K. d to me personally known, me duly sworn, did say tha who, being by t they are Vice President Secretary respectively, and Assistant of Waste Management of Haw that the seal affixed to aii, Inc. and the foregoing instrument is corporate seal of said cor the poration; and that said ins signed and sealed in beh trument was alf of said corporation by its Board of Directors, authority of and the said Vice President Secretary acknowledged sai and Assistant d instrument to be the free deed of said corporation. act and NOTARY PUBLIC. STAT OFIWNOIS My Commission Expires 8112191 V’(VV’VVVY7V 7 Rosa P Dankowski V Notary Public, State of Ill inois
  • PLEASE NOTE t ohtai ii and d thereafter, mus . a term begi nnin g July I 1986. an iinnai ion arid ic appointed for 1)1 the required in I . Ev ery notary publ ple contains all e loilowing exam ent expires mp type seal. Th Doe, and Mr. Doe ’s notary appointm use a rubber sta ’s name is John is case the notary al. is acceptable. In th provide such a se er will he able to rubber stamp deal July 1. 1989. Any L” “OFFftYAL SI’A .bihn floe SI ate uF liii iuik Notary I’tiblic, 1W) T1y Cm),n ssiun kt)ires 7/ u have riot ation and use. Ii yo inte d ft’r your inflr,n ary ol dbook has been pr clerk or the Secret N otary Public Han ës are availabl e lom your county 2. An Illinois e Handbook, cipi rece ived a copy of th State. se send written no tilication to: rted to the Secr etary of State. Plea ess nust be repo 3. A change ot addr cretary of State Ofliec of the Se index Department e Street II I East MimroState of Illinois, SS ois 62756 Springfield, IllinCount y of Du Page. 1 s- 2 day of Filed for record thi •1 p. 11rnd recorded. 6/86 P.O. 53882 60M Clerk