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OLID WASTE TRANSPORTATION AGREEME!
THIS AGREEMENT is made and entered into this the 22. day of Alu
2013, by and between the CUMBERLAND PLATEAU REGIONAL WASTE
MANAGEMENT AUTHORITY, an authority created under the provisions of the
Virginia Water and Sewer Authorities Act, (hereinafter called “Authority”) and Eco-Safe
Systems, LLC, a Tennessee limited liability company, (hereinafter call “Advanced” or
“Advanced Disposal”).
WHEREAS, the Authority desires to engage an independent contractor to provide
professional services of operating a solid waste transportation system for transportation of
all of the solid waste generated within the Authority’s region and delivered to the
Authority’s three (3) solid waste transfer stations and such other as may be
designated and operated by the Authority to the Eco-Safe municipal solid waste landfill
owned and operated by Eco-Safe Landfill, LLC and located in Blountville, Tennessee, for
disposal, and has found that it is exempt from obtaining competitive sealed bids and has
issued a Request for Proposal for Provision of Solid Waste Transportation Services date
July 17, 2013 for a Contract Date of October 28, 2013 (The “RFP”) for competitive
negotiation;
WHEREAS, Advance Disposal desires to provide such transportation services for the
Authority and has submitted its Proposal in response to the RFP;
WHEREAS, the Authority has selected Advanced Disposal and desires to engage
Advanced Disposal to perform such transportation services all in accordance with and
subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the premises and the following mutual
agreements and covenants, the Authority and Advanced Disposal, each intending to be
legally bound, agree as follows:
1.00 RECITALS; DEFINITIONS
‘The parties acknowledge and agree that the “whereas” recitals set forth above are true and
correct and are incorporated herein by this reference.
1.01 Advanced Disposal _Eco-Safe Systems Sanitary Landfill - The
Authority’s designated sanitary landfill will be the Eco-Safe municipal
solid waste landfill owned and operated by Eco-Safe Landfill, LLC and
located in the City of Blountville Tennessee, in Sullivan County,
Tennessee.
1.02 Cumberland Plateau Region — The geographic area comprised of all of
the incorporated and unincorporated areas within each of the Counties
which is a Member of the Authority, and any County in the State of
Virginia adjacent to (having a common boundary with) any Member that
may enter into an agreement with the Authority after the date hereof
1.03
1,04
1.05
1.06
1.07
1.08
1.09
1.10
Lill
relating to such adjacent County’s use of the Cumberland Plateau
Transfer Stations.
Cumberland Plateau Solid Waste - Any Solid Waste as defined herein
generated within the Cumberland Plateau Region.
Cumberland Plateau Special Waste - Any Special Waste as defined
herein generated within the Cumberland Plateau Region.
Cumberland Plateau Transfer Stations —- The three (3) Solid Waste
transfer stations or other stations or sites operated by the Authority and
located in the Cumberland Plateau Region Counties of Dickenson,
Buchanan, and Russell for acceptance, transfer, transportation, and
unloading of Cumberland Plateau Solid Waste to the Advanced Disposal
Eco-Safe Systems, Sanitary Landfill in accordance with the terms and
provisions of this Agreement…
Governmental Approvals ~ All permits, licenses and approvals required
for the transportation to and/or disposal of Cumberland Plateau Solid
Waste at the Advanced Disposal Eco-Safe Systems Sanitary Landfill.
Hazardous Waste - Any chemical, compound, mixture, substance or
article which is designated by the United States Environmental Protection
‘Agency or by any State having jurisdiction to be “hazardous” as that term
is defined by or pursuant to federal or state law and as otherwise defined
in the Disposal Contract between the Authority and Advanced dated of
even date herewith (the “Disposal Contract”).
Members ~ The Counties of Russell, Buchanan and Dickenson, Virginia.
Non-Conforming Wastes - Any waste excluded from the definition of
Solid Waste as provided in Section 1.11 and any Special Waste which
has not been approved by Eco Safe Systems, LLC and, if required, by any
governmental agency having jurisdiction and otherwise have the meaning
of Excluded Waste as set forth in the Disposal Contract.
Service Commencement Date — October 27, 2013.
Solid Waste — Any garbage, trash, rubbish, brush and other waste
material allowed under the Governmental Approvals issued for the
operation of the Advanced Disposal Eco-Safe Systems Sanitary Landfill
to be disposed of at the Advanced Disposal Eco-Safe Systems Sanitary
Landfill but excluding (a) any Hazardous Waste, (b) asbestos and © any
other material not allowed under any of the Governmental Approvals
issued with respect to the operation of the Advanced Disposal Eco-Safe
Systems Sanitary Landfill or pursuant to applicable laws and regulations.
2.00
3.00
1.12 Special Waste - Any Solid Waste which requires special processing,
handling or disposal techniques which are different from the techniques
normally utilized for handling or disposal or contains an added element
of expense to transport or dispose of as determined by ECO SAFE
SYSTEMS, LLC or requires approval from any State agency and/or ECO
SAFE SYSTEMS, LLC, and as otherwise defined in the Disposal
Contract. Examples of such Special Waste types may include, but are not
limited to: white goods, fly ash, combustion ash, sludge, drilling fluids
and drill cuttings, asbestos, industrial wastes, liquid wastes, infectious
wastes and residue, pollution control residue, debris or contaminated soil
and water from the cleanup of a spill.
1.13 Transportation Fee - The amount set forth in Section 7.00 hereof, as
adjusted, charges by Advanced Disposal for the performance of
transportation services hereunder.
1.14 Ton—2,000 pounds.
SCOPE OF SERVICES
Subject to the terms and conditions hereof and the performance of the
Authority’s agreements and duties hereunder, Advanced Disposal shall furnish
all labor and at least five (5) tractors, eleven (1§) trailers, three (3) yard tractors
and any and/or all equipment or material necessary to provide Cumberland
Plateau Solid Waste Transportation services from such three (3) Cumberland
Plateau Transfer Stations to the Advanced Disposal Eco Safe Sanitary Landfill
from and after the Service Commencement Date in accordance with and subject
to the terms and conditions of this Agreement. Advanced Disposal will not have
a minimum tonnage on the amount of waste placed into each of the transport
trailers hauling from the three (3) Cumberland Plateau Transfer Stations to the
ADVANCED DISPOSAL ECO-SAFE SYSTEMS Sanitary Landfill however it
is understood that the Authority will maximize load volumes within legal limits
in order to ensure effieciencies in the transportation service, nor will a charge be
placed on the Authority for not meeting a minimum tonnage. The Authority
agrees to not load more waste into the transport trailers than the allowable by the
Federal Department of Transportation and State Department of Transportation.
CUMBERLAND PLATEAU SOLID WASTE 'RANSPORTATION
SERVICES
3.01 Acceptance and Loading of Solid Waste: Load Limits — The Authority
will accept all Cumberland Plateau Solid Waste delivered to the
‘Cumberland Plateau Transfer Stations. The Authority shall not accept any
Non-Conforming Wastes at the Cumberland Plateau Transfer Stations.
‘The Authority will promptly load, pack and tarp all Solid Wastes
accepted at the Cumberland Plateau Transfer Stations into Advanced
3.02
3.03
3.04
3.05
Disposal collection trailers for transportation to and unloading of waste
into the ADVANCED DISPOSAL Eco Safe Systems Sanitary Landfill.
The Authority will use its best reasonable business efforts to load each
collection trailer to its maximum legal capacity per load or such lesser
weight per load as is mutually acceptable to both parties subject in all
events to any maximum vehicle weight limits imposed by applicable law.
Under this agreement, Advanced Disposal will not impose a minimum
capacity per load upon the Authority.
Compliance - The Authority will conduct operations with respect to each
of the Cumberland Plateau Transfer Stations in accordance with all
applicable federal and state laws, rules and regulations, and the terms and
conditions of all permits, licenses and approvals issued for the operation
of the Cumberland Plateau Transfer Stations.
Inspection - The Authority may, on a reasonable basis as the Authority
deems necessary, make inspections of the Advanced Disposal’s records
that pertain solely to this Agreement and the services contemplated
hereby during normal business hours, however, such inspections shall be
made only by authorized employees or agents of the Authority.
Transportation — From and after the Service Commencement Date,
‘Advanced Disposal shall transport all Cumberland Plateau Solid Waste
and Cumberland Plateau Special Waste (approved for disposal by
Advanced Disposal Eco Safe Sanitary Landfill pursuant to Section 1.12
hereof) accepted at each of the Cumberland Plateau Transfer Stations,
directly or via any hub Cumberland Plateau Transfer Station, to the
Advanced Disposal Eco Safe Sanitary Landfill as agreed upon in the
RFP.
Use of Cumberland Plateau Transfer Stations and Advanced Disposal
Eco Safe Systems Sanitary Landfill — The Authority will use the
Advanced Disposal Eco Safe Sanitary Landfill, directly or via
Cumberland Plateau Transfer Stations, for disposal of all Cumberland
Plateau Solid Waste and such approved Cumberland Plateau Special
Waste delivered to the Cumberland Plateau Transfer Stations from and
after the Service Commencement Date in accordance with the terms and
provisions of the Authority and Disposal Contract (as defined above),
between the Authority and ADVANCED DISPOSAL. In the event that
the Advanced Disposal Eco Safe Sanitary Landfill becomes unavailable
for the disposal of Cumberland Plateau Solid Waste during the term of
this Agreement, the Authority (or its subcontractor, if applicable) will
negotiate with Advanced Disposal with respect to any necessary
adjustment to the Transportation Fee to reflect any increased or decreased
costs of transportation as a result of such Advanced Disposal Eco Safe
Sanitary Landfill becoming unavailable. The Authority will also use its
3.06
best efforts to enter into Agreements with each Member, each
municipality located within the limits of each Member and each generator
and commercial hauler of any Cumberland Plateau Special Waste
(approved for disposal by ADVANCED DISPOSAL pursuant to Section
1.12 hereof) for their use of the Cumberland Plateau Transfer Stations for
the disposal of all Cumberland Plateau Solid Waste and Cumberland
Plateau Special Waste collected and/or generated by such Member,
municipality, generator or commercial hauler from and after the Service
Commencement Date and throughout the initial and any and all renewal
terms of this Agreement (the ‘Use Agreements”). It is contemplated that
pursuant to the Use Agreements such Members and municipalities would
agree, among other things, to continue or implement waste collection
systems or take such other action allowed by applicable law to utilize the
Authority and its Cumberland Plateau Transfer Stations for all
Cumberland Plateau Special Waste generated within the jurisdiction of
the Members and such municipalities.
Transportation Operations and Holidays —- The following shall be
holidays for purposes of this Agreement:
Hours of Operation-Any time restrictions shall be affected only upon the
mutual agreement of the Authority’s Director and Advanced Disposal’s
‘owner or agent.
Holidays- Advanced Disposal shall specify holidays to be observed
subject to the Authority’s personnel’s approval. The following Holiday’s
are observed by the Authority and its landfill- New Year’s Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day.
Office- Advanced Disposal shall maintain an office or such other
facilities through which it can be contacted. It shall be equipped with
sufficient telephones and shall have a responsible person in charge from
8:00 a.m. to 5:00 p.m. Monday through Friday/on regular collection days
to handle complaints as needed.
‘The Authority or its member counties may decide to observe any or all of
the above mentioned holidays by suspension of _ transportation
services on the holiday. The Authority or its member counties will give
Advanced Disposal advance notice of the Authority’s or ADVANCED
DISPOSAL Eco-Safe Systems Sanitary Landfill’s observance of any
holiday and the Authority may also suspend its transfer station operations
on such observed holiday.
Service Delivery- If Advanced Disposal is unable to perform the duties
under this agreement other than due to a breach of this Agreement by the
Authority or an event of Force Majeure, as set forth in Section 10.03, the
Authority’s personnel has the right and privilege to secure another service
provider and Advanced Disposal will be responsible for any additional
3.07
3.08
costs incurred.
~ Title to, and liability for, Solid Waste transported by Advanced
Disposal shall pass to Advanced Disposal immediately upon Advanced
Disposal’s acceptance of same; provided however, provided that that
Advanced Disposal shall not accept title to waste or materials that is
Excluded Waste or Nonconforming Waste regardless of whether the such
waste is loaded or unloaded. Acceptance by Advanced Disposal shall be
defined as the loading of the Solid Waste into Advanced Disposal’s
hauling trailers by the Authority. Title to and liability for the Solid Waste
under this Agreement shall remain with Advanced Disposal until they
deliver same, and it is accepted by, the Advanced Disposal Eco Safe
Systems Sanitary Landfill in accordance with terms and conditions of the,
Disposal Contract with the Authority. Title to and liability for Non
Conforming Wastes and Excluded Waste shall remain with the Authority
and shall never pass to Advanced Disposal or Advanced Disposal Eco
Safe Systems Sanitary Landfill.
‘Special Waste — Where requested by Advanced Disposal, the Authority
shall assist Advanced Disposal or the Advanced Disposal Eco Safe
Systems Sanitary Landfill in identifying each generator of Cumberland
Plateau Special Waste and shall also require each generator of
Cumberland Plateau Special Waste, in addition to any label, marking,
manifest or other such documentation required by any applicable law,
regulation or permit, to provide the Authority, Advanced Disposal and
the Advanced Disposal Eco Safe Systems Sanitary Landfill, in advance
of any shipment of Special Waste, a representative sample of the Special
Waste to be transported (if applicable) and disposed of at the Advanced
Disposal Eco Safe Systems Sanitary Landfill 1, and a detailed written
physical and chemical description or analysis of the Special Waste
including, without limitation, a listing of unique characteristics
significance to the handling of such Special Waste (“Waste
Characterization Date Sheet” or “WCDS"). The Authority shall promptly
furnish to Advanced Disposal and its landfill any information regarding
known, suspected or planned changes in composition of any such Special
Waste and the Authority shall accordingly update the WCDS. The
Authority warrants that all Special Waste specified in a WCDS and
accepted at any Cumberland Plateau Transfer Station shall conform to the
description set forth on the WCDS. Such Special Waste shall not be
received at the Cumberland Plateau Transfer Stations or delivered to the
Advanced Disposal Eco Safe Systems Landfill for transportation and
disposal until such WCDS and representative sampling are analyzed and
approved by the Authority and ADVANCED DISPOSAL. The Authority
and Advanced Disposal shall have the right to reject loads of bulky
Special Wastes if in landfill’s judgment such loads would disrupt any
normal operating procedures.
4.00
5.00
EFFECTIVE DATE
This Agreement shall be effective upon the execution of this Agreement by the
Authority and Advanced Disposal, and performance of transportation services by
Advanced Disposal hereunder shall commence in the Service Commencement
Date in accordance with the terms and conditions of this Agreement section 1.10.
INDEMNITY
5.01
5.02
Indemnity by the Advanced Disposal,. - Advanced Disposal and its
subcontractors will indemnify and save harmless the Authority from and
against any and all suits, actions, legal proceedings, claims, demands,
damages, costs, expenses, and reasonable attorneys’ fees incurred by the
Authority to the extent resulting from (a) any breach by Advanced
Disposal of any of its agreements hereunder, and (b) any negligent act or
omission of Advanced Disposal, its employees or agents in the
performance of transportation services under this Agreement; provided,
however, that Advanced Disposal or its subcontractors shall not be
obligated to indemnify the Authority from and against any suits, actions,
legal proceedings, claims, demands, damages, costs, expenses or
attorneys’ fees to the extent resulting from any negligent act or omission
of the Authority or of any of its officers, agents, servants, employees or
contactors or to the extent resulting from any breach by the Authority of
any of its agreements hereunder.
Indemnity by Authority - The Authority will indemnify, defend and save
harmless Advanced Disposal, and its parent companies and affiliates, and
respective officers, directors, members, managers, employees,
subcontractors, agents and representatives from and against any and all
suits, actions, legal proceedings, claims, demands, damages, costs,
expenses, and reasonable attorneys’ fees incurred by Advanced Disposal
to the extent resulting from (a) any breach by the Authority of any of its
agreements hereunder, and (b) any negligent act or omission of the
Authority or any of its officers, agents, servants, employees or
contractors; provided, however, that the Authority shall not be obligated
to indemnify Advanced Disposal from and against any suits, actions,
legal proceedings, claims, demands, damages, costs, expenses or
attorneys’ fees to the extent resulting from any negligent act or omission
of Advanced Disposal or of any of its officers, agents, servants,
employees or contractors or to the extent resulting from any breach
Advanced Disposal of any of its agreements hereunder.
6.00 TERM
This Agreement is for an initial term beginning on the date of execution of this
Agreement and shall remain in full force and effect from and after the date hereof
7.00
8.00
until the expiration of a period of five (5) years from then and after the Service
Commencement Date. This Agreement shail automatically be extended upon the
same terms and conditions without any further action by the parties for a five (5)
year renewal term commencing upon the expiration of the initial term unless either
party gives the other party written notice of termination at least ninety (90) days
prior to the expiration of the initial term of this Agreement. It is understood that
this contract has a set base price on transportation and a fuel surcharge as
referenced in the proposal with a CPI on the base rate formula presented in the
proposal.
B, ISTMENTS
7.01 Base Price and Transportation Fees Per Ton — For Cumberland Plateau
Solid Waste transportation services rendered hereunder, Advanced
Disposal will charge the Authority and the Authority will pay to Advanced
Disposal, without set-off or deduction, the Transportation Fee specified on
Exhibit A hereto, as adjusted in accordance with the terms and provisions
herein, for each Ton of Cumberland Plateau Solid Waste or Special Waste
transported by Advanced Disposal at the Cumberland Plateau Transfer
Stations for transportation hereunder. The tons transported will be
determined by the Eco Safe Landfill tickets net of stored tare weight at Eco
Safe Scale House of which verification will be afforded to the Authority as
deemed necessary. The Transportation Base Rate per ton Fee, under this
agreement shall be set at $17.18 per ton for Buchanan County, $17.17 per
ton for Dickenson County and $15.08 per ton for Russel! County. On the
date that is twelve months following the Service Commencement Date and
each subsequent twelve-month period after the Service Commencement
Date the base rate will automatically increase as agreed upon by both
parties in exhibit A hereto.
7.02 Advanced Disposal Billings to Authority — Advanced Disposal will invoice
the Authority on a monthly basis on or before the tenth (10") day each
month for all transportation services rendered during the preceding
calendar month and the Authority will remit payment for each invoice
without set-off or deduction to Advanced Disposal within 30 calendar days
of the date of such invoice. Such billing shall be based on the
‘Transportation Fees as adjusted pursuant herein.
INSURANCE
The Authority and Advanced Disposal shall each maintain in full force and effect
Employer’s Liability, Workmen’s Compensation, Public Liability and Property
Damage Insurance. Before commencement of work hereunder, the Authority and
Advanced Disposal will furnish each other with certificates of insurance to the
effect that such insurance has been procured and is in force. The certificates shall
contain the following express obligations:
“This is to certify that the policies of insurance described herein have been
9.00
issued to the insured for whom this certificate is executed and are in force at this
time. In the event of cancellation or material change in a policy affecting the
certificate holder, thirty (30) days prior written notice will be given the certificate
holder.”
The Authority and Advanced Disposal shall each carry the following types of
insurance in at least the limits specified below:
Coverages of Li
Workmen’s Compensation Statutory
Employer’s Liability $500,000
Bodily Injury Liability $500,000 each occurrence
Except Automobile $1,000,000 aggregate
Property Damage Liability $500,000 each occurrence
Except Automobile $1,000,000 aggregate
Automobile Bodily Injury $500,000 each person
Liability $1,000,000 each occurrence
Automobile Property Damage $500,000 each occurrence
Liability
Excess Umbrella Liabi $5,000,000 each occurrence
As an alternative to the above, Advanced Disposal may insure the above public
liability and property coverages under any plan or plans of self-insurance approved
by the State of Virginia. The coverages may be provided by Advanced Disposal,
Inc., a Delaware corporation, or any other corporation affiliated with Advanced
Disposal.
DEFAULT
Except as otherwise provided herein, if either party breaches any of the material
provisions of this Agreement and fails to cure such breach within a period of thirty
(30) days after receiving written notice setting forth a detailed description of such
breach from the other party, unless a longer period of time is required to cure such
breach and the party breaching shall have failed to commence to cure such breach
within said thirty (30) day period and pursue diligently to completion thereof, then
the other party may terminate this Agreement.
10.00 MISCELLANEOUS
10.01 Transferability — No assignment of this Agreement or any right accruing
under this Agreement shall be made in whole or in part by the Authority
without the express prior written consent of Advanced Disposal or by
Advanced Disposal without the express prior written consent of the
‘Authority, except that Advanced Disposal without consent of the Authority
10.02
10.03
10.04
may assign and delegate any of its rights and obligations under this
Agreement or subcontract the performance of any services to be rendered
hereunder to any corporation or other entity which controls, or is controlled
by , or under common control with Advanced Disposal or its affiliates.
Liquidated Damages — Work shall be completed in a prompt, lawful, and
professional manner and in accordance with the terms of this agreement. In
addition to any other remedy contained herein, it is understood that the
Authority may deduct from payment due or to become due to Advanced
Disposal amounts as liquidated damages upon proof of any of the following
occurrences by Advanced Disposal. Failure of Advanced Disposal to fulfill
certain aspects of this agreement shall carry monetary penalties as
payments due to the Authority as follows:
A) Failure to provide on-request. service within 24 hours-
$100/trailer/incident;
B) Failure to deliver empty trailer(s) at time of scheduled haul or pickup-
$100/day/container;
C) Failure to maintain secure loads of materials, and allowing materials to
fall out or blow out of transport containers being hauled onto State, City
or County roads-8200/incident;
D) Failure to respond to and resolve complaints within a 24 hours-
$200/incident;
E) Failure to provide the agreed upon trackers, trailers and yard trucks that
impedes the Authority’s ability to manage its solid waste-$200/incident.
Force Majeure — Except for the Authority’s obligation to pay Advanced
Disposal for services rendered hereunder in accordance with the terms and
provisions of Section 7.00 hereof, the obligations of the Authority and
Advanced Disposal hereunder are subject to and excused in the event of the
occurrence any contingency beyond its reasonable control including,
without limitation, (i) strikes, riots, wars, acts of God, (ii) governmental
orders, decrees and regulations, including, without limitation, if Advanced
Disposal is for any reason delayed or barred by governmental of judicial
action with respect to the construction or operation or Advanced Disposal.
Severability — In case of any one or more of the provisions contained in this
Agreement shall, for any reason, be held to be invalid, illegal or
unenforceable in any respect or its inclusion shall result in the invalidity,
illegality or unenforceability of this Agreement, such invalidity, illegality
or unenforceability shall not affect any other provision of this Agreement
and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein; provided,
however, that it is the intention of the parties hereto that in lieu of each
term, clause, or provision that is held to be invalid, illegal or unenforceable,
there shall be added as part of this Agreement a term, clause or provision as
similar in terms to such invalid, illegal or unenforceable term, clause or
provision as may be possible and be valid, legal or enforceable.
10
10.05
10.06
10.07
10.08
10.09
Cumulative Remedies ~ All rights, remedies and powers shall be deemed
cumulative and not exclusive of any rights, remedies or powers available.
No delay or omission to exercise any right, remedy or power shall impair
such right, remedy or power or shall be construed to be a waiver or any
breach or any acquiescence therein. Any such right, remedy or power may
be exercised from time to time, independently or concurrently, and as often
as shall be deemed expedient. No single or partial exercise of any right,
remedy or power shall preclude other or further exercise thereof.
Independent Contractor; No Agency — Advanced Disposal will act
hereunder as an independent contractor and not as an agent of the
Authority. Similarly, the Authority is not an agent of Advanced Disposal or
empowered or authorized to obligate Advanced Disposal in any way.
Performance Bond or Letter of Credit — Advanced Disposal will furnish a
performance bond or Letter of Credit to the Authority in the amount of
100% of the estimated cost of three (3) months of transportation services
hereunder determined by the initial Transportation Fee as provided in
Section 7.00 hereof. With respect to any default by Advanced Disposal
hereunder, the Authority’s sole remedy with respect thereto shall be to
exercise its rights under such performance bond or Letter of Credit.
Entire Agreement — This Agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter hereof and
cancels and supersedes all prior negotiations, representations, proposals,
understandings and agreements, either written or oral, relating to the
subject matter hereof. This Agreement shall not be modified, altered,
changed or amended unless in writing and signed by both parties following
the first initial calendar year and in conformance with applicable
procurement laws.
Choice of Law-This Agreement shall be interpreted and governed by the
Laws of the Commonwealth of Virginia and jurisdiction and venue for any
litigation commenced under this Agreement shall lie in the Commonwealth
of Virginia.
IN WITNESS WHEREOF, the Authority and Advanced Disposal have entered into this
Agreement (triplicate counterpart originals) on the day and year first above written.
ATTEST:
Tit
CUMBERLAND PLATE. REGIONAL
Yd, ieee ree
» EGY weed
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Drechy of laste Senuces rite, Cleon)
(SEAL)
11
ATTEST: ECO saepfres LLC
By: 7 By: U—
TweDeputy Genecal Consl) tite COO
Assistant Storetaxy (SEAL)
12
EXHIBIT A TO SOLID WASTE TRANSPORTATION AGREEMENT
Transportation Fee under Section 7.00 from the following Cumberland Plateau Transfer
Station to the ADVANCED DISPOSAL Eco Safe Landfill:
Base Price Per Ton Per Year with No CPI
Yearl Year2 Year3 Year4 YearS
Buchanan County Transfer Station $ 17.18 $ 17.61 $ 18.05 $ 1850 $ 18.96
Dickenson County Transfer Station $ 17.17 $ 17.60 $ 18.04 $ 18.49 $ 18.95
Russell County Transfer Station $ 15.08 $ 15.45 $ 15.83 $ 16.22 $ 16.62
Fuel Surcharge Per Load Per County:
Buchanan County Transfer Station: Fuel surcharge will be $3.13 for every $0.10
Diesel Fuel increases above $3.836 per gallon for
each load hauled from Buchanan County. If/when
the price of Fuel drops below $3.836 per gallon,
this fuel surcharge would work in reverse.
Dickenson County Transfer Station: Fuel surcharge will be $3.13 for every $0.10
Diesel Fuel increases above $3.836 per gallon for
each load hauled from Dickenson County.
If/when the price of Fuel drops below $3.836 per
gallon, this fuel surcharge would work in reverse.
Russell County Transfer Station: Fuel surcharge will be $1.86 for every $0.10
Diesel Fuel increases above $3.836 per gallon for
each load hauled from Russell County. If/when
the price of Fuel drops below $3.836 per gallon,
this fuel surcharge would work in reverse.
The above Transportation Fee shall be adjusted in accordance with the terms and
provision of this Agreement.
IN WITNESS WHEREOF, the Authority and Advanced Disposal have entered into this
‘Agreement (triplicate counterpart originals) on the day and year first above written,
ATTEST: CUMBERLAND PLATEAY REGIONAL
ATTEST: ECO-SAFE SYSTEMS, LLC.
13
py_G724 | wy. dA —
Title: DeQu| General Cavinsel Titte_ COO
Assistant Seoretary
EXHIBIT B TO SOLID WASTE TRANSPORTATION AGREEME!
Russell County
Price Range
Variance to
Base Fuel Surcharge
Start End ($3836) Miles =MPG Gallons — Per Load
$3.230 $3.330 ($0.606) 9200 5.00 18.40 $ (11.15)
$3331  $3.431—($0.505) 92.00 5.00 18.40 $ (9.29)
$3.432 $3532 ($0404) 92.00.00 18.40 $ (7.43)
$3533 $3,633 (0.303) 92.00 5.00 18.40 $ (5.58)
$3.634 —-$3.734. ($0.202) 92.00 5.00 18.40 $ (3.72)
$3.735 $3835 ($0.101) 92.00 5.00 18.40 $ (1.86)
$3.836
$3.837 $3,937 $0.101 92.00 5.00 18.40
$3.938 $4.0388 —«$0.202, 92.00 5.00 18.40
$4,039 $4139 $0.303. «92.00 5.00 18.40
$4.140 $4,240 $0.404 92.00 5.00 18.40
$4.21 $4341 $0,505 92.00 5.00 18.40
$4342 $4,442 $0.606 92.00 5.00 18.40
$4.493 $4543 $0.707 92.00 5.00 18.40
$4544 $4,644 $0.808 92.00 5.00 18.40
$4,645 $4,745 $0.909 92.00 5.00 18.40
$ 1.86
$
$
$
$
$
$
$
$
$4.746 $4,846 $1.010 92.00 5.00 18.40 $ 18.58
$
$
$
$
$
$
$
$
$
$
3.72
5.58
7.43
9.29
11.15
13.01
14.87
$4,847 $4,947 $1111 92.00 5.00 18.40
$4948 $5.048 $1212 92.00 5.00 18.40
$5.049 $5.149 $1313 92.00 5.00 18.40
$5.150 $5,250 $2.414 9200 5.00 18.40
$5.251 $5,351 $1515 92.00 5.00 18.40
$5.352  $5.452 $1616 92.00 5.00 18.40
$5.453 $5553 $1717 92.00 5.00 18.40
$5,554 $5.654 $1.818 92.00 5.00 18.40
$5.655 $5,755 $1919 92.00 5.00 18.40
$5.756  $5.856 $2.020 92.00 5.00 18.40
14
Buchanan County
Price Range
Variance to
Base Fuel Surcharge
Start End ($3.836) Miles MPG _ Gallons —Per Load
$3.230  $3.330 ($0.606) 155.00 5.00 31.00 $ (18.79)
$3.331 $3431 (0.505) 155.00 5.00 31.00 $ (15.66)
$3.432 $3,532 ($0.404) 155.00 5.00 31.00 $ (12.52)
$3,533 $3,633 ($0.303) 155.00 5.00 31.00 $ (9.39)
$3.634 $3,734 ($0.202) 155.00 5.00 31.00 $ (6.26)
$3.735 $3,835 ($0.101) 155.00 5.00 31.00 $ (3.13)
$3.836
$3.837  $3.937 $0.101 155.00 5.00 31.00 $ 3.13
$3.938 $4,038 $0.202, 155.00 5.00 31.00 $ 6.26
$4.039 $4,139 $0.303 155.00 5.00 31.00 $ 9.39
$4140 $4,240 $0.404 «155.00 5.00 31.00 $ 12.52
$4.241 $4,341 —-$0.505 155.00 5.00 31.00 $ 15.66
$4.342 $4,442 $0.606 155.00 5.00 31.00 $ 18.79
$4.443 $4,543 $0.707 155.00 5.00 31.00 $ 21.92
$4.544 $4,644 $0.808 155.00 5.00 31.00 $ 25.05
$4.645 $4,745 $0.909 155.00 5.00 31.00 $ 28.18
$4.746 $4,846 $1.010 155.00 5.00 31.00 $ 31.31
$4847 $4,947 $1.11 155.00 5.00 31.00 $ 34.44
$4.948 $5,048 $1.212 155.00 5.00 31.00 $ 37.57
$5,049 $5,149 $1,313 155.00 5.00 31.00 $ 40.70
$5.150  $5.250 $1.414 155.00 5.00 31.00 $ 43.83
$5.251 $5,351 $1.515 155.00 5.00 31.00 $ 46.97
$5,352 $5.452 $1616 155.00 5.00 31.00 $ 50.10
$5.453 $5,553 $1.717 155.00 5.00 31.00 $ 53.23
$5.554 $5,654 $1.818 155.00 5.00 31.00 $ 56.36
$5.655 $5,755 $1.919 155.00 5.00 31.00 $ 59.49
$5,756 $5.856 $2.020 155.00 5.00 31.00 $ 62.62
15
Dickenson County
Price Range
Variance to
Base Fuel Surcharge
Start End ($3.836) Miles. =MPG Gallons —_—Per Load
$3.230 $3,330 ——($0.606) 155.00 5.00 31.00 $ (18.79)
$3.331 $3431 ($0.505) 155.00 5.00 3100 $ (15.66)
$3432 $3.532 ($0.404) 155.00 5.00 31.00 $ (12.52)
$3.533 $3633 ($0.303) 155.00 5.00 3100 $ (9.39)
$3.634 $3,734 ($0.202) 155.00 5.00 31.00 $ (6.26)
$3,735 $3.835 ($0.101) 155.00 © 5.00 31.00 $ (3.13)
$3.836
$3837 $3,937 $0.101 155.00 5.00 31.00 $ 3.13
$3.938 $4,038 —$0.202 155.00 5.00 31.00 $ 6.26
$4,039 $4.139 © $0.303 «155.00 5.00 31.00 $ 9.39
$4,140 $4.240  $0.404 «155.00 5.00 31.00 $ 12.52
$4.241 $4341 $0.505 155.00 5.00 31.00 $ 15.66
$4,342 $4,442 $0.606 155.00 5.00 31.00 $ 18.79
$4,443 $4.543 ‘$0.707 155.00 5.00 3100 $ 21.92
$4,544 $4,644 $0.808 155.00 5.00 31.00 $ 25.05
$4.645 $4.745, $0.909 155.00 5.00 3100 $ 28.18
$4.746 $4,846 $1.010 155.00 5.00 3100 $ 31.31
$4,847 $4.947 $1111 155.00 5.00 3100 $ (34.44
$4,948 $5.048 $1.212 155.00 5.00 3100 $ 37.57
$5.049 $5,149 $1.313 155.00 5.00 3100 $ 40.70
$5.150 _ $5.250 $1.414 155.00 5.00 31.00 $ 43.83
$5,251 $5.351 $1515 155.00 5.00 3100 $ 46.97
95.352 $5.452 $1.616 155.00 5.00 31.00 $ 50.10
$5.453 $5.553 $1.717 155.00 5.00 3100 $ 53.23
$5.554 —$5.654 $1.818 155.00 5.00 31.00 $ 56.36
$5.655 $5,755 $1919 155.00 5.00 31.00 $ 59.49
$5.756 $5.856  $2.020 155.00 5.00 31.00 $ 62.62
16