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HomeMy WebLinkAboutAgenda - 08-30-2000 - 2ORANGE'COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 30, 2000 Action Agenda Item No. 2 SUBJECT: Pending Solid Waste Recycling Contracts and Equipment Acquisitions DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 8/24/00 Staff Memo Equipment Replacement Table 2000 -01 Budget Document) 3 Draft Recycling Contracts 2 Bid Tabulations INFORMATION CONTACT: Gayle Wilson, Solid Waste Management (from Director, 968 -2885, Blair Pollock, Solid Waste Programs Manager, 968 -2788, Paul Spire, Landfill Manager, 932 -2989 TELEPHONE NUMBERS: Hillsborough Chapel Hill Durham Mebane 732 -8181 968 -4501 688 -7331 336- 227 -2031 PURPOSE: To provide the BOCC with a brief report on details of several contract renewals and equipment bids scheduled for consideration as part of the consent agenda at the Board's September 5, 2000 regular meeting. BACKGROUND: Given the large volume and complexity of decision items facing the BOCC at its regular meetings, staff felt it would be beneficial to report on and answer questions about a number of pending solid waste matters at the August 30 solid waste work session. The staff's intent is to provide immediate feedback on any BOCC questions or concerns either at the work session or in the written agenda materials for the September 5 meeting so the Board can consider these solid waste matters as part of the consent agenda, leaving more time on September 5 to deal with other issues. The pending contracts and equipment acquisitions to be reported by staff at the work session are outlined below and in the attached staff memo, and include: • urban curbside recycling contract • food waste recycling contract • in -house paper and container recycling contract • landfill compactor bid • scraper pan bid The urban curbside contract is currently held by Waste Industries. They collect recyclables weekly from approximately 14,400 homes in the incorporated areas of Carrboro, Chapel Hill and Hillsborough. 2 Judy Brooks Contracting of Goldston, NC collects about 60 tons of food waste from 13 restaurants and other establishments in Orange County. They compost this with 5,000 tons of other material and sell their products statewide. Orange Recycling Services holds the in -house contract to collect from 19 local government locations. This is a renewal of-the existing service agreement. The Landfill compactor is on a six -year replacement schedule. Equipment reserve funds have been allocated annually and a bid has been let. This will be the last compactor purchased for use in the mixed solid waste landfill. The tractor scraper is on a six -year replacement schedule outlined in the equipment replacement schedule incorporated in the approved Solid Waste Management Department budget. This contractor replaces one bought in 1989. Staff will also provide brief reports on two other large recycling contracts that are not up for renewal, but about which the Board likely will be interested, as they represent a major share of the public services carried out or overseen by the Solid Waste Management Department. These contracts are: • the Rural Curbside Agreement, which is budgeted for $185,000 in the current year, serving about 8,500 households at a cost of $1.82 per household per month - tonnage averages have been about 380 /year; and • the Multifamily Complex Agreement is budgeted at $255,500 in the current year, serving 225 sites throughout Orange County at a cost of $106.68 per single site per month - tonnage averages have been about 1,600 /year. Staff plans to continue to administer these contracts as approved prior to the landfill transition in April 2000, pending any questions and /or direction received from the BOCC at this August 30 work session. FINANCIAL IMPACT: All three contracts proposed for renewal are on a fee - for - service basis. Adequate funds to cover all contracts and equipment purchases have been budgeted in the 2000 -01 Solid Waste /Landfill Operations Enterprise Fund. Contract costs are: food waste - $60,000; in -house - $15,800; and urban curbside - $614,800. The compactor has a cost net of trade -in of $315,972. The net cost of the scraper is $181,285. RECOMMENDATION(S): The Manager recommends that the Board review the contracts and the equipment bids, as outlined in the attached memorandum, and prepare any questions for the staff. No BOCC decisions are required at this work session. Staff plans to present these items for formal BOCC approval as part of the consent agenda at the September 5 regular BOCC meeting. MEMORANDUM To: Board of Orange County Commissioners John Link, County Manager From: Gayle Wilson, Solid Waste Management Director Subject: Information about three recycling contracts and two pieces of landfill equipment scheduled for bid award Date: August 24, 2000 This memorandum presents information to the BOCC regarding three recycling contracts and two equipment bids in order for the BOCC to ask questions, make comments and resolve any outstanding issues prior to the September 5, 2000 regular meeting. All five of these items are currently scheduled to appear on the BOCC consent agenda for the September 5 business meeting. Recycling Contracts for Renewal: The three recycling contracts have been in place for varying lengths of time. We propose to renew all three with the current service- providers. All three service providers have been reliable, responsive to complaints, and have worked closely with staff to resolve problems and improve program performance. Table 1 below summarizes key details of the three contracts. Table 1 Recycling Contracts for Which Renewal is Proposed in 2000 -01 Type of Contract Name of Vendor Provided by Vendor Since Est Value for 2000 -01 Tons Recycled in 99 -00 Scope Comments Urban Curbside Waste Since July $614,500 3,433 14,400 Weekly service. Industries 1998 homes & $3.35 per house adjoining per month. small bus. in Participation rate Carrboro, est. at >85% Chapel Hill monthly and Hillsborough incorporated areas Commercial Brooks Since $60,000 550 13 Waste collected Food Waste Contracting October Restaurants 2 -3 times /week, 1999 and made into institutions compost, sold throughout statewide, Orange Co. replaced local hog feeder Table 1 (cont'd) In -house Orange Since 1988 $15,800 67 19 Source separated collections Recycling compactor government paper, cans, Interstate Services locations, plastic bottles. some Collections vary consolidated 1 -2 /month Equipment Replacements: The two pieces of equipment for which replacement is proposed have reached the end of their reliable service life and are on a regular replacement schedule. As part of the overall budgeting process, the landfill has operated an equipment replacement fund for twenty years, which funds reserve accounts in anticipation of periodic replacements. Each year, an equipment replacement schedule is presented as part of the landfill budget approval process (page 10 -17 from 2000 -01 Orange County Budget document is attached for reference). All bids have been properly executed according to County procedures. The compactor is used exclusively in landfill operations to reduce the volume of waste, thus increasing landfill life. Since the County has decided not to site a new mixed solid waste (MSW) landfill, we expect this will be the last compactor purchased by the Orange County Landfill. Transfer stations do not utilize this type of equipment, nor will it be utilized for post —closure site maintenance of the current MSW landfill. The tractor - scraper is used to dig and move large amounts of earth from one location to another without loading it into a dumptruck. It is well- suited to short hauls of earth for daily, intermediate and final cover as well as road maintenance at a landfill. The landfill site may be in use for some time after the landfill closes (for recycling, yard waste mulching, etc.). Therefore, we expect there will be need for another scraper in the future (tentatively programmed for FY 2006 -07) to close out the existing landfill and for post - closure maintenance. Table 2 below summarizes pertinent information about the proposed purchases. Table 2 Landfill Equipment for which approval is sought Type of Equipment Net Purchase Price Brand Name Comments Landfill Compactor $315,972 Pioneer $51,000 trade -in for old compactor Tractor - Scraper (pan) $181,385 Interstate $135,000 trade -in for old scraper pan The Solid Waste Management Department operates the landfill and recycling programs as its primary efforts. Purchase of the two pieces of equipment required for daily landfill operation will allow us to continue to professionally and efficiently operate our facility without significant equipment down time or loss of reliability. The three recycling contracts represent continuation of current practice. Only an incremental increase in housing units served (in -fill) is included in the urban recycling contract. LANDFILL RESERVE FUND for: Equipment Replacement YEAR CONTRIBUTION OUTLAY RESIDUAL Fiscal Year 1999 -2000 Estimates 2000 -2001 Revised Estimates 1999 -2000 Estimates 2000 -2001 Revised Estimates 4) continued operation of C&D disposal facility and current recycling programs; 1988 -89 50,000 50,000 shown for comparative purposes; 50,000 1989 -90 109,300 109,300 Purchases: bulldozer ($190,000); Roll -Off Truck ($115,000); used motor grader ($20,000); an 1998 -99 159,300 1990 -91 273,819 273,819 Purchases: Landfill compactor ($318,000), scaper /pan ($335,000) = $653,000. 2001 -02 433,119 1991 -92 350,415 350,415 truck ($103,024); Water truck ($47,815); and Skid -Steer ($35,822) = $691,964. 2003 -04 783,534 1992 -93 242,411 242,411 215,545 215,545 810,400 1993 -94 0 0 234,500 234,500 575,900 1994 -95 175,000 175,000 252,000 252,000 498,900 1995 -96 216,000 216,000 317,000 317,000 397,900 1996 -97 275,000 275,000 255,504 255,504 681,900 1997 -98 385,000 385,000 601,000 601,000 465,900 1998 -99 300,000 300,000 353,000 353,000 412,900 1999 -00 500,000 500,000 315,000 315,000 597,900 2000 -01 480,000 480,000 609,175 653,000 424,900 2001 -02 470,000 470,000 504,242 504,242 390,658 2002 -03 400,000 450,000 505,300 691,964 148,694 2003 -04 410,000 450,000 525,000 454,170 144,524 2004 -05 430,000 430,000 364,186 364,186 210,338 2005 -06 440,000 440,000 401,479 478,879 171,459 2006 -07 440,000 440,000 344,371 344,371 267,088 2007 -08 450,000 450,000 585,784 585,784 131,304 2008 -09 1 470,000 1 470,000 0 42,773 558,531 Notes Purchases / Comments Assuamtiona: 1) 3- percent inflation index per year for all equipment: 2) only major equipment costing more than $25,000 is included in reserve fiord schedule; 3) operation of transfer station in 2007 after landfill closure: Genera l 4) continued operation of C&D disposal facility and current recycling programs; 5) previous year and current revision for both fund contributions and expenditues are shown for comparative purposes; 6) back -up equipment not scheduled for replacement is excluded from equipment schedule; 7) MSW landfill operations and equipment will cease in FY 2007. Purchases: bulldozer ($190,000); Roll -Off Truck ($115,000); used motor grader ($20,000); an 1998 -99 gas flares ($30,000) _ $353,000. 1999 -00 Purchase: Scraper/pan ($315,000). 2000 -01 Purchases: Landfill compactor ($318,000), scaper /pan ($335,000) = $653,000. 2001 -02 Purchases: Bulldozer ($378,515) and Loader/backhoe ($125,727) = $504,242. Purchases: Landfill compactor ($340,305) and front - loading recycling truck ($164,998); Leach 2002 -03 truck ($103,024); Water truck ($47,815); and Skid -Steer ($35,822) = $691,964. 2003 -04 Purchases: Landfill dozer ($418,348); Skid -steer ($35,822) = $454,170. 2004 -05 Purchases: Crawler -Dozer ($226,870); Roll -off Truck ($137,316) = $364,186. Purchases: Articulated Loader /Tool carrier ($118,879); 2 - Front -end Loader, rubber -tired (2 at 2005 -06 $180,000); utility rtaxctor /sweeper ($67,600) = $478,879. 2006 -07 Purchases: Scraper/pan ($344,371). Purchases: Landfill compactor_ ($394,506) and front- loading recycling truck ($191,278) _ 2007 -08 $585,784. 2008 -09 Purchase: Skid-steer ($42,773). 10 -17 State of North Carolina Agreement for vo County of Orange Recycling Services CURBSIDE RECYCLING AGREEMENT between The County of Orange and Waste Industries, Inc. This agreement, entered into this the day of 2000, by and between the County of Orange, North Carolina (hereinafter "County "), and Waste Industries, Inc. of Durham, North Carolina (Contractor) for the provision of residential curbside recycling collection services to single family residents, and adjacent small businesses, schools, churches, and pedestrian recycling stations within residential areas, located within Town limits of Carrboro, Chapel Hill and Hillsborough, NC; and WHEREAS, Waste Industries desires to provide Recycling Collection Services as defined herein; NOW, THEREFORE, The County of Orange and Waste Industries do hereby agree as follows: SECTION 1 Definitions For purposes of this Agreement, the following terms shall apply: Recyclable Materials: (also to be known as "recyclables') All newspapers and their inserts, glossy magazines, phonebooks, glass bottles and jars, aluminum beverage cans, steel food cans, plastic bottles #1 and #2, and other agreed on materials that are the subject of the County's recycling collection contract. Recycling Collection Services: Those services to be performed by Contractor as follows: (a) the collection of Recyclable Materials from residential areas specifically designated by the parties; (b) processing of Recyclable Materials which include the sorting and preparation of Recyclable Materials for marketing at the Processing Center; (c) marketing of the Recyclable Materials; and (d) keeping accurate and thorough records of the amount of materials and number of households collected weekly. County: "County" shall mean the County of Orange, NC who is the administrator of this recycling program managed by the Department of Solid Waste Management. Orange County: "Orange County" shall refer to the area within the geographic boundaries of Orange County, NC. Towns: Unless otherwise stated, "Towns" shall mean the Towns of Carrboro, Chapel Hill, and Hillsborough, which are incorporated municipalities within or mostly within Orange County, NC. Successor: In the case of a transfer of landfill administration, the future government or organization that administers the Orange County Landfill. 1 Recycling Containers: Recycling bins made of rigid plastic construction to be used by residents to set out their Recyclable Materials and provided by County or future landfill administrative government/organization. Residence: A single - family home or approved church, school, small business, institution, or small apartment complex within residential sectors of the Towns. The occupant of a Residence shall be referred to as a Resident. Segregated Materials: Recyclable Materials placed in or adjacent to Recycling Container. Set Out: A Set Out shall be defined as having occurred when one Residence places one or more Recycling Containers at the curb for collection. When counting set outs for measuring participation and productivity, Contractor shall count one set out for each residence participating in the program. This count will be based on the number of households or Residences participating, not on the number of Recycling Containers collected. Handicap / Disabled: shall refer to citizens of the Towns who, for the purposes of this agreement, will receive recycling service at their back door or some place other than curbside. County staff will make the determination as to which citizens are eligible for Handicap collection. Said determination will be based upon citizen need, as judged by County staff, and shall generally be based upon the citizen being eligible to receive an handicap parking permit from the NC Division of Motor Vehicles. Additionally, Handicap / Disabled services shall generally not be granted to Residences with able bodied adults in the household. SECTION 2 Term of Agreement The term of the contract will be for one year unless otherwise agreed by the parties; the period from July 1, 2000, through June 30, 2001 assuming that funds are appropriated annually and the performance of the contractor is satisfactory. The level of performance expected is defined in this contract. This service may be extended and/or expanded annually for a period up to two (2) years assuming that the project is successful, County recommends continuing the program and approves funding for each annual term of the contract through their approval of the overall landfill and recycling budget. After two (2) years, contract extension may be negotiated yearly. Certain terms of this contract may be subject to change annually pending notice to the contractor and successful negotiation between the Contractor and County. SECTION 3 Costs of Service The cost of service for July 1, 2000 -June 30, 2001 shall be $3.36 per household. Performance Sharing may decrease this cost (see Section 4). The cost of providing curbside recycling service to small businesses, churches, and other institutions that are adjacent to a curbside recycling route will be determined as follows: the cost will be equal to the cost of providing service to a household multiplied by the number of bins assigned to the small business, church, or institution. For example, during Fiscal Year 2000 -2001, 2 WR bu,. 7 8 to service a preschool which is assigned three curbside recycling bins and located in a residential area within one of the Towns, County will be billed at the rate of 3 x $3.36 per month or $10.08 per month. The cost of providing curbside recycling service to pedestrian recycling stations that are nearby or adjacent to a curbside recycling route will be determined as follows: the cost will be equal to five (5) times the cost of providing service to a household. For example, during Fiscal Year 2000 -2001 for Contractor to service a pedestrian recycling station located at Carrboro Town Hall, County will be billed at the rate of 5 x $3.36 per month or $16.80 per month. If County and Contractor choose to extend this contract for additional years, actual costs for future years are to be negotiated annually. The formula for negotiating future costs is to be as follows: Cost of collection per household in 2001 -2002 within the Town limits of Carrboro, Hillsborough and Chapel Hill shall not exceed $3.36 per household plus the increased cost factor provided from the Bureau of Labor Statistics Consumer Price Index for Transportation for the South Urban region as measured in March 2001 and compared to March 2000. This cost shall be reduced $0.06 per home for each increment of 5 homes per hour collection efficiency over 50 stops per hour. Cost per household for 2002 -2003 shall be allowed to increase above the 2001 -2002 price by an amount equal to the Bureau of Labor Statistics Consumer Price Index for Transportation for the South Urban region as measured in March 2002 and compared to March 2001. This cost shall be reduced $0.06 per home for each increment of 5 homes per hour collection efficiency over 50 stops per hour. The contract may also be expanded or reduced at the option of County to include additional or fewer residential homes and adjacent small businesses, schools, institutions, churches, and pedestrian recycling stations. If legislation or ordinances are passed which significantly impact the participation in this program, the cost of service for this program may be renegotiated between the Contractor and County. SECTION 4 Performance Sharing Performance Sharing will be based on measured improvements in operational productivity. Any increase in productivity will be measured against a base of 50 homes per hour collected. This measurement shall be based on the actual bin set out rate. If an increase in productivity is measured, for each five homes per hour improvement above the base of 50, Contractor will reduce the cost of the monthly invoice by $0.06 per resident. The homes per hour calculation will be based on the total Set Outs per month divided by the total truck hours required to for the curbside collection vehicles to collect, transport, and unload the recyclable materials. This calculation will be made on a monthly basis from daily reports of total set outs and truck hours. This data will originate from Contractor's daily truck information accumulated each month. Contractor shall furnish the information needed to make such a calculation, and Contractor will make this calculation. Contractor will include both the data used to make said calculation and the result of said calculation with the required monthly report. In the event that an improvement in productivity is determined to have taken place during any month, the cost of collection shall be reduced by - $0.06 per household billed. This reduction in collection cost per household shall be in effect for the month in which the increase in productivity was measured and for all months that follow throughout the remainder of the contract. 3 SECTION 5 Scope of Services Contractor shall perform Recycling Collection Services in the Towns as follows: Contractor shall collect and remove for marketing or reuse all Recyclable Materials which are "segregated" and placed in or adjacent to approved Recycling Containers at the curb or other agreed upon location in the case of Handicap / Disabled collection. Routes will be run on a once per week collection schedule. The Recycling Collection Services performed may be expanded as the budget and other constraints permit. Contractor shall assist in collection effectiveness by ensuring that any materials spilled in the process of recycling collections or any overflowing recylables are collected and placed in the truck. Collectors shall carry a broom and dustpan to sweep up any broken glass or litter that occurs in the process of recycling. Collection personnel shall also pick up any recyclables under or immediately next to the recycling containers, when recyclables are properly contained. Where there are improperly prepared recyclables, unacceptable materials placed in the bins, or recyclable marerials placed in an unapproved container, Contractor shall leave form notices for the resident explaining the problem. Said notice form must be approved by County. SECTION 6 County's Representative The County's Representative, for purposes of this Agreement, shall be: Blair L. Pollock Solid Waste Management Orange County PO Box 17177 Chapel Hill, NC 27516 -7177 Ph. (919) 968 -2788 SECTION 7 Waste Industries' Representative Waste Industries' representative for purposes of this Agreement shall be: Lee Bodenhamer III Branch Manager 148 Stone Park Court Durham, NC 27703 Ph. (919) 933 -9388 4 SECTION 8 Frequency and Time of Collection . lip 10 Contractor shall pass each household once each week and collect materials set at the curb (or at other agreed upon location in the case of a Handicap / Disabled citizen). Collection shall take place no earlier than 7:00 AM and no later than 7:00 PM. Holidays with no collection may be Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year's Day, Martin Luther King Jr. Holiday, Good Friday, and Memorial Day. In case of cancellation, Holiday week schedules may be shifted to have collections a day late following the holiday (i.e., if holiday falls on Thursday, Thursday's collection will be on Friday, Friday's collection will be on Saturday). No changes occur if the holiday falls on a weekend. Holiday collection schedules are to be negotiated annually between Contractor and County. For Fiscal Year 2000 -2001: Contractor will not provide recycling service on Thanksgiving Day, Thursday November 23, 2000. Those recycling services regularly provided on Thursday will be provided on Friday November 24, and services regularly provided on Friday will be provided on Saturday November 251''. Contractor will not provide recycling service on Christmas Day, Monday December 25, 2000. Recycling is canceled for this day and there will be no make -up day scheduled. Contractor will not provide recycling service on New Years Day, Monday January 1", 2001. Monday routes will be collected on Tuesday 1/2/01, Tuesday routes on Wednesday 1/3/01, Wednesday routes on Thursday 1/4/01, Thursday routes on Friday 115101, and Friday on Saturday 1/6/01. This (above) is the holiday schedule for the entire Fiscal Year, other holidays not listed will not be observed during FY 2000 -2001. On days where County offices are closed (due to Orange County Government holiday) and Contractor is providing recycling service, County may place the Contractor's office phone number (933 -9388 or 596 -1363) on its automated telephone system. This will be done in order to allow the citizens of Orange County to contact Contractor directly about issues concerning recycling collection and service. Holiday schedules for future years will be negotiated and determined by County and Contractor. SECTION 9 Containers and Contents The title to the Recycling Containers is with County. Title to the recyclable materials within said containers is with Contractor once placed at the curb by the Resident.. Contractor may prosecute any person or persons found stealing or contaminating the contents of Recycling Containers. This prosecution will have full cooperation of County. 5 SECTION 10 Transportation of Recyclable Materials and Non - recyclable Materials Contractor shall transport the collected Recyclable Materials to its Processing Site(s). Contractor shall take title to the Recyclable Materials upon placement in the Recycling Container by residents and shall be responsible for the sale of such recyclable materials and all of the proceeds of the sales. Recyclable Materials shall be property of Contractor. No uncontaminated recyclable materials collected in this program shall be landfilled. Landfilling or incinerating recyclables shall result in a penalty of $250 per incident of unauthorized disposal to a landfill or incinerator. County has arrangements with the Town of Chapel Hill to provide a loading dock and temporary storage at the Town of Chapel Hill Public Works Facility located at 1099 Airport Road. Contractor may, with explicit permission of County and the Town of Chapel Hill, make use of this facility in a manner cooperative with other users. Contractor, along with other site users, shall be responsible for keeping this area clean, safe and free of blowing trash or debris from its operation. No more than eight roll -off containers for the storage of recyclable materials belonging to Contractor shall accumulate at this site. If more than eight containers accumulate, County or the Town of Chapel Hill may remove the containers at the expense of Waste Industries after 24 hours written or faxed notice to Contractor. Contractor may be asked to occasionally provide County continuous access (defined below) to the roll -off containers used to collect and temporarily store recyclable materials at the loading dock facility located at 1099 Airport Road. When and if deemed necessary County may use said roll -off containers to deposit recyclables collected by its commercial recycling program. Contractor shall take possession of and title to said materials at the time said materials are deposited into the roll -off containers by County. Contractor shall enjoy any revenue gained from the marketing of said materials. Continuous access to the roll -off containers shall be defined as the containers being placed in a position that allows County employees access to said containers from the elevated loading dock, enabling materials to be dumped into said roll -off containers from above. Contractor will cooperate with County and make sure that the needed roll -off containers are placed such a fashion as to allow County employees and County collection vehicles access to said containers from 7 AM until 5 PM daily. Contractor will keep these roll -off containers in such condition as to ensure that they have capacity to accept the materials generated by County. Contractor will be allowed two (2) hours to remove said containers for transporting the contents to market. If said roll -off containers are not in the specified position or do not have capacity to accept materials from County, then County may levy penalties equal to $25 per hour for each hour between 7 AM and 5 PM that the roll -off containers are either not in the specified position or do not have capacity to accept materials generated by County (two (2) hour grace period excepted). Any resultant penalties may be deducted from the cost of service for this contract for the month in which the event took place. County will document any event resulting in penalties being levied and will notify Contractor's representative by telephone at the time that fines begin accumulating. Failure to clean the temporary storage site within two (2) working days of written or faxed notification by County may result in County hiring a service to clean the area with the costs of the service to be deducted from the following month's invoice. Cost of cleaning service shall not exceed $250.00 without due notification of Contractor. Contractor will assist County with costs for any necessary repairs or improvements to the concrete pads and/or drainage systems that have been built at the temporary loading dock. Estimated costs 9 of specific repairs or improvements will be negotiated with County. Contractor's portion of the costs will not exceed $3,000.00 per fiscal year (regardless of the number of contracts between County and Contractor), and may be paid by reductions in monthly invoices from this contract. SECTION 11 Labor and Costs Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform curbside collection of Recyclable Materials pursuant to this Agreement. SECTION 12 Penalties for Missed Pick -Uus of Materials Collected in this Proeram In case of a missed pick -up reported by County or a resident (late set -outs excluded), Contractor shall collect the Recyclable Materials from such point by 5:00 PM of the working day following written or faxed notification of said missed pick up if point was accessible and not blocked. All calls relating to missed pick -ups or other collection problems shall be logged by County recycling staff and will be available for review by Contractor. If containers which were recorded by County as not collected by Contractor are not collected by 5:00 PM of the working day (including Monday through Friday, but not Saturdays, Sundays, or designated holidays) following written or faxed notification of Contractor by County, County may levy penalties equal to $25 per household per day not collected. To avoid the penalty, Contractor must provide legitimate explanation for non - collection before 5:00 PM of the day following the non - collection report if the container was unable to be collected for a certain reason. If County receives a report of five (5) or more missed collections in one area on a working day that is followed by a non - working day, Contractor will provide collection by 5:00 PM the following day, excluding holidays. For example if County receives notification of 5 or more missed collections on one street, or in one neighborhood at 4:30 PM on a Friday and notifies Contractor of the reported misses by close of business on that Friday, Contractor will provide collection by 5:00 PM on Saturday (assuming that Saturday is not a recognized holiday). SECTION 13 Refusal to Pick Up Contractor may choose not to pick up if Recyclable Materials are contaminated or improperly prepared (i.e., yogurt containers, newspapers in plastic bags, plastic bottles with lids). When and if Recyclable Materials are not collected, a notice must be left accurately describing why the bin contents were not collected. The form of said notice must be pre- approved by County. This notice must contain instructions describing how to properly prepare materials for recycling and how to contact County for further information about recycling programs. In a situation where a street is inaccessible to the Contractor's collection vehicle due to a parked vehicle, utility work, construction work, or any other obstruction rendering a roadway completely or partially blocked, Contractor may attempt to service said street later that same day, 7 12 �•l, C C =h ut� 13 either by sending the collection vehicle back, or by sending someone with a smaller vehicle to collect the materials. If Contractor cannot provide service on the scheduled day, Contractor will report non - collection to County on the day that service is scheduled to be provided. County prefers to be notified at the time that the inaccessibility is discovered. Knowledge of inaccessibility is important to County and is useful when dealing with the residents of these areas as they call to report missed collections. If Contractor cannot notify County at the time that inaccessibility is discovered, Contractor must notify County (either by telephone, fax, or in person) before 4:30 PM of that day. If Contractor fails to notify County of areas that are not able to be collected due to inaccessibility by 4:30 PM of the day the area is scheduled to be serviced, County may levy penalties equal to $25 per household not collected. Any resultant penalties may be deducted from the cost of service for the month in which the failure to notify took place. When County receives a report of a missed collection from a resident of an area that was not serviced due to inaccessibility, County will instruct the resident to leave their recyclable materials at the curbside and to expect collection either later during their scheduled service day or no later than 5:00 PM of the next working day (assuming that the roadway is no longer inaccessible). Contractor will provide collection of an area not serviced due to inaccessibility by 5:00 PM of the next working day. In the case of ongoing construction or blockage, recycling collection may be cancelled, and in this case residents will be notified by County that curbside recycling must be suspended until construction is complete or the cause of the inaccessibility is removed. SECTION 14 Processing Center Contractor may maintain a Processing Center at its facilities located in the City of Durham, the City of Raleigh or at other locations. All Recyclable Materials collected from residents may be processed at the Processing Center. Title to Recyclable Materials brought to the Processing Center shall be with Contractor and they shall have the responsibility for the sale of such Recyclable Materials. Storage of Recyclable Materials at the Processing Center shall be limited to that which can be properly contained pursuant to permits issued by the responsible jurisdiction. Contractor shall notify County Representatives, in writing, not less than thirty (30) days prior to any relocation of the Processing or Drop -Off Center. If County elects to build its own recycling processing center during the term of this contract, or to divert the materials collected under this contract to any other existing facility, the materials collected in this program may be directed to that processing center and become property of County at County's discretion. Any changes in net revenue to the Contractor as a result of this change in destination and ownership of recyclable materials, or as a result of the need for the Contractor to make equipment modifications, shall be negotiated between the Contractor and County. SECTION 15 Public Awareness Program 1), R A F 'T 14 County shall develop and implement a Curbside Recycling Public Awareness Program. Contractor agrees to materially assist County with publicity efforts by ensuring that Contractor's employees involved in this program are fully informed about the materials collected in the program, and how said materials are to be prepared. Drivers and collectors are to understand, at least in a generic manner, how materials are processed. Contractor's collection crews shall maintain a supply of recycling brochures furnished by the County for residents. Contractor may distribute County provided brochures as needed by individual residents. At no time shall Contractor distribute, to any residence or member of the public in Orange County, any public education material related to the services provided under this agreement which are not authorized by County. Any materials which Contractor desires to distribute to residents of Orange County shall first be submitted to County for review and approval, and such approval may not be unreasonably withheld by County. Contractor representatives may distribute material unrelated to this program to participants in the program at times other than during operation of the program; however, County must be informed in advance of such distribution and its contents. County shall conduct public awareness programs and residential education programs to assure proper separation of materials into the recycling containers and to encourage the public to remove lids from all containers and flatten plastic soda bottles, milk jugs, and aluminum and steel cans before depositing in their recycling containers. SECTION 16 Compensation for Services County agrees to make monthly payments to Contractor within thirty (30) days of receipt by County of an accurate invoice and collection data from July 1, 2000 through June 30, 2001 at the rates agreed on in Section 3 of this agreement. If there are questions regarding the invoice or collection data, payment shall be guaranteed within thirty (30) days of satisfactory resolution of the questions on the invoice or collection data. If Contractor should fail to provide requested and necessary corollary services required as part of this contract, payment on up to two months' invoices may be withheld until such services are provided. Corollary services include: Repairs or replacement of County and or Towns' property, or private property due to damage caused by Contractor as part of the recycling operation. Any repairs or replacement must be complete within thirty. (3 0) days of damage. Removal, within 24 hours of written of faxed notification, of improperly placed roll -off containers when requested from the temporary storage areas on County or Town of Chapel Hill property. In the event of severe weather or other event which necessitates the temporary cancellation of 9 recycling services County may negotiate with Contractor and receive a reduction in cost of services for services which were not rendered. In general, if services are temporarily canceled at County's request, County will pay in full for services which are not performed, and in such case County may request that Contractor provide said services on a make -up day at no further cost to County. If Contractor is unable to provide service due to severe weather or other event, County may negotiate with Contractor and receive reduction in the cost of services, to be deducted from the bill for the period during which services were not provided, or from a bill for any service period following that service period. Any reduction in the costs of services shall be based upon the pro -rata share of services not rendered minus Contractor's verifiable overhead expenses plus any verifiable increased expenses (i.e. overtime costs incurred by Contractor due to excessive amounts of recyclables having been held over during period of cancellation). SECTION 17 Protection of Recyclable Materials County agrees, to take such steps as may be reasonably necessary to protect Contractor's ownership of all Recyclable Materials placed at the recycling containers for collection by Contractor under the terms of this Agreement and shall consider adopting anti - scavenging ordinances, if necessary, to provide such protection. SECTION 18 Permits and Licenses Contractor, at its sole cost and expense, shall maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Contractor to perform the work and services described herein, including but not limited to the collection of Recyclable Materials and operation of the Processing Center. SECTION 19 Independent Contractor Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of County. Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be constructed as creating a partnership or ,joint venture between County and Contractor. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of County, and no such person shall be entitled to any benefits available or granted to employees of County. SECTION 20 Non - Assignment Neither Contractor nor County shall assign, transfer, convey, or otherwise hypothecate this Agreement or their rights, duties or obligations hereunder or any part thereof without the prior written consent of the other. 10 15 SECTION 21 Compliance with Laws and Regulations Contractor agrees that, in the operation of the Processing Center and the performance of work and services under this Agreement, Contractor will qualify under and comply with any and all Federal, State and local laws and regulations now in effect, or hereafter enacted during the term of this Agreement, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to safety or the work and services described herein. SECTION 22 Safe Contractor certifies that it has appropriate safety policies in effect which take all reasonable and necessary measures to protect Contractor's employees and the citizens of Orange County. Additionally, Contractor certifies that its employees are fully informed of said safety policies. SECTION 23 Insurance Contractor shall obtain and maintain throughout the term of this Agreement, at Contractor' sole cost and expense, not less than the insurance coverage set forth below: a) Workers' Compensation Coverage A - Statutory Coverage B - $500,000 b) Comprehensive Automobile Liability Bodily Injury - $1,000,000 each person $1,000,000 each accident Property Damage - $1,000,000 each accident to include coverage for all owned, non - owned, leased and hired automobiles. c) Bodily Injury - $1,000,000 each occurrence - $1,000,000 aggregate d) Property Damage - $1,000,000 each occurrence $1,000,000 aggregate The County of Orange is to be named as additional insured on the comprehensive general liability policy. Current valid insurance policies meeting the requirements herein identified shall be maintained for the duration of the named project. There shall also be a 30 -day advance notification to County in event of cancellation of coverage or modification of any stipulated insurance coverage. Actual insurance policies or copies certified by an individual authorized by the insurance company 11 16 t w meeting the required insurance provisions shall be forwarded to County. It shall be the responsibility of the Contractor to insure that all subcontractors comply with the same insurance requirements as the general contractor. If the Contractor does not meet the insurance requirements, alternate insurance coverage satisfactory to County may be considered. SECTION 24 Indemnity Contractor agrees to defend, indemnify, and hold harmless County from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of Contractor except to the extent same are caused by the negligence or misconduct by County. County agrees, to the extent allowed by law, to defend, indemnify, and hold harmless Contractor from all loss, liability, claims or expense including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of County except to the extent same are caused by the negligence or misconduct by Contractor. SECTION 25 Termination In the event Contractor materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, County shall notify Contractor in writing of the nature of such default. Within fifteen (15) days following such notice: a) Contractor shall correct the default; or b) In the event of a default not capable of being corrected within fifteen (15) days, Contractor shall commence correcting the default within fifteen (15) days of County's notification thereof, and thereafter correct the default with due diligence. If Contractor fails to correct the default as provided above, County, without fiirther notice, shall have all of the following rights and remedies which County may exercise singly or in combination: a) The right to declare that this Agreement together with all rights granted Contractor hereunder are terminated, effective upon such date as County shall designate; b) The right to license others to perform the services otherwise to be performed by Contractor, or to perform such services itself; and c) In the event of a default not capable of being corrected because of damage to the Processing Center, due to force majeure, County may provide Contractor with a suitable temporary location for conducting processing and drop -off services. The following may be considered causes for possible termination of the contract: a) The death or injury requiring hospitalization of an individual, other than employees of the Contractor, caused by the Contractor in carrying out this recycling contract where the Contractor is at fault. 12 17 Ld ti1 _u 18 b) More than one incidence of greater than $20,000 property damage to property by the Contractor while performing the recycling contract where the Contractor is at fault. c) Continued high level of unsatisfactorily resolved substantive customer complaints about recycling collection after the first three months of the contract start. As determined by County, a high level of unsatisfactorily resolved complaints shall be greater than twelve (12) complaints a month for three consecutive months and shall not include complaints about missed pickups where County or Contractor can demonstrate that either: the recycling bin was set -out late, the site was inaccessible at the time of scheduled collection, or that the problem was resolved by 5 PM of the working day following receipt of the complaint. SECTION 26 All notices required or contemplated by this Agreement shall be personally served or mailed, postage prepaid and return receipt requested to the parties as follows: To: Orange County Solid Waste Management Attn: Mr. Blair Pollock PO Box 17177 Chapel Hill NC 27516 -7177 To: Waste Industries Attn: Mr. Lee Bodenhammer III 148 Stone Park Court Durham, NC 27703 SECTION 27 Records and Reports Contractor shall maintain its books and records related to the performance of this Agreement in accordance with the following minimum requirements: Contractor shall maintain its books and records related to the performance of this Agreement in accordance with the following minimum requirements: a) Contractor shall maintain any and all ledgers, books of account, invoices, vouchers and canceled checks, as well as all other records or documents evidencing or relating to charges for services, expenditures or disbursements borne by the County for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. b) Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c) Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time, during regular business hours, upon written 13 request by a County Representative at Contractor's address indicated for receipt of notices in this Agreement. d) Contractor shall provide monthly project reports to County during the contract period, to be due on or by the 14' day of the month following the month for which the report is being made. Invoices will not be paid without submittal of accurate and complete reports. At a minimum, the reports shall include: I. Summaries of the tonnages of all materials recovered by material type from this program only; II. Resident participation rates in terms of weekly household set -out counts. The counts shall be broken down by the three Towns; III. Summaries of the total truck hours required to for the curbside collection vehicles to collect, transport, and unload the recyclable materials; IV. Monthly productivity calculation shown in units of homes collected per truck hour (as defined in Section 4, Performance Sharing); and V. Description of program progress, including any collection complaints or other problems encountered and how they were resolved. e) Contractor shall provide an annual costs and revenues report. At a minimum the report shall include: I. A summary of operation and maintenance costs of collection; II. Processing costs by material; III. Summarized revenue information from monthly reports; IV. A discussion of any public awareness activities and their impact on participation and recovered volumes; and V. A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and household participation. f) Contractor shall, upon signature of this Agreement, provide a copy of its incentive plan to increase collector productivity so there is proof of the Contractor's intent to improve collection efficiency to lower collection costs. SECTION 28 Force Maieure Contractor's performance hereunder may be suspended and its obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond the reasonable control of Contractor unless such cause or causes are the sole result of action or nonaction by Contractor. Such causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage; lack of adequate fuel, power or raw materials, judicial administrative or governmental laws, regulations, requirements, rules, orders or actions; 14 19 3 � 20 injunctions or restraining orders; the failure of any governmental body to issue or grant, or the suspension or revocation or modification of any license, permit or other authorization necessary for the construction and/or operation envisioned by this Agreement; national defense requirements; labor strikes, lockout or injunction. SECTION 29 Waiver A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. SECTION 30 Law to Govern This Agreement is entered into and is to be performed in the State of North Carolina. County and Contractor agree that the law of the State of North Carolina shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement. SECTION 31 Titles of Sections Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION 32 Amendment This Agreement may be modified or amended only by a written agreement duly executed by the parties hereto or their representatives. All amendments will become part of the ongoing base contract in future years. SECTION 33 Cooperation Among the Parties Whenever consent, action or inaction is required, such consent, action or inaction will not be unreasonably withheld by either party. 15 SECTION 34 Severability The invalidity of one or more of the phrases, sentences, clauses or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement so long as the material purposes of this Agreement can be determined and effectuated. SECTION 35 Successors and Assigns This Agreement shall be binding upon the parties hereto, their successors and assigns. 16 21 7 IN WITNESS WHEREOF, the parties hereto have set their hands as of this '1999. APPROVED AS TO FORM: Town of Chapel Hill, a Municipal Corporation Solid Waste Management Director Waste Industries Raleigh, North Carolina. Title: Address: Witnesseth Title: Town Manager Address: day of Seal Town Clerk Attest (Seal) LO-5 Date: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 17 22 1 23 �f _1 .Y IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: M. Moses Carey, Jr., Chair CONTRACTOR: ATTEST: Beverly A. Blythe, Clerk to the Board WITNESS: This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Beverly A. Blythe personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Carey Jr., Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of 2000. Notary Public My Commission expires: STATE OF COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of Notary Public 2000. My Commission expires: DRAFT Z5 State of North Carolina Agreement for County of Orange Recycling Services FOOD WASTE COLLECTION AGREEMENT between THE COUNTY OF ORANGE, North Carolina and Judy D. Brooks Contractor Inc. of Goldston, North Carolina The County of Orange, (hereinafter "County ") desires to hire Judy D. Brooks Contractor Inc. of Goldston, NC to provide collection of separated food waste from selected businesses or other locations in Orange County North Carolina. ( "Food Waste Collection Services ") as defined herein; and WHEREAS, Judy D. Brooks. Contractor Inc. desires to provide Food Waste Collection Services as defined herein; NOW, THEREFORE, the County and Judy D. Brooks, Contractor Inc. do hereby agree as follows: SECTION 1 Definitions For purposes of this Agreement, the following terms shall apply: Business: Any commercial or institutional concern in Orange County providing a volume of separated, uncontaminated food waste for cost - effective collection as determined by the parties to this agreement; Contractor: Judy D. Brooks Contractor Inc. Or DBA/ Brooks Contractor Food Waste: All separated food waste and any other materials that may be agreed upon collected at any businesses that may be mutually agreed upon by Judy D. Brooks Contractor and the County as part of this food waste collection agreement. Food Waste Collection Services: Those services to be performed by CONTRACTOR follows: (a) the scheduled collection of food waste from locations specifically designated by the parties; (b) processing of food waste which includes the composting, blending, curing and proper preparation of food waste for use as compost; (c) keeping accurate and thorough records of the volume or weight of materials collected weekly, and the number and type of customer complaints; and (d) ensuring that properly separated food waste will not be landfilled. Collections may take place anywhere agreed upon by the parties to this contract with the cooperation of the businesses; Food Waste Collection Containers: Outdoor containers provided by the contractor, County, or businesses to meet any applicable health standards to be used by businesses to set out their food waste and provided pursuant to this Agreement. Generator: any establishment producing acceptable source separated compostable material desired by the Contractor DRAFT 26 Preparation: Proper and sanitary preparation of all food waste and other materials as compost. Processing Center: Location where separated food waste is composted and otherwise processed for use as compost. Separated: Only food waste or other materials agreed upon by the parties and placed in Container(s) or stacked in another approved location, SECTION 2 Term of Agreement The term of the agreement will be for the period from July 1, 2000, throuigh June 30, 2001, assuming that the performance of the contractor is satisfactory. The level of performance expected is defined below. This service may be extended if the Orange County Board of Commissioners approve funding for each annual term of the contract, through their approval of the overall landfill and recycling budget. Certain terms of this contract may be subject to change annually, pending notice to the contractor and successful negotiation between the contractor and the County. Actual costs for future years are to be negotiated annually. SECTION 3 Scope of Services Contractor shall perform Food Waste Collection Services in Orange County as follows: Contractor shall collect and remove upon an agreed upon schedule between the County, Contractor and generators three times per week including Monday and Friday, all separated food wastes and other specified materials mutually agreed upon by Contractor and the County, unless otherwise agreed to in advance. Said materials must be properly separated and placed in food waste collection containers or other designated separation method, at the designated generator site or from some other specifically defined location. The food waste collection locations at which these services are performed may include any or all the businesses listed in attachment A, and any other generators agreed on by mutual consent of the County and the Contractor. At a minimum, food waste shall be collected from those generators in Attachment A Other businesses that generate a minimum of two tons per month may be added to the program. SECTION 4 County's Representatives The County's Representative, for purposes of this Agreement, shall be Joe Clayton, County of Orange Solid Waste Management Department, PO Box 17177 Chapel Dill, NC 27516. Phone numbers 969 -2072 or 968- 2788. The contract shall be between Judy D. Brooks Contractor Inc. and the County of Orange. 27 SECTION 5 UKAFT Time of Collection Contractor shall collect the food waste, segregated and placed in the containers for collection, three times per week, unless otherwise agreed to in advance. The County shall notify the generators of this schedule. Holiday schedules may vary and certain locations may not require pickups. These establishments will be agreed to by the contractor and County representatives. Collection shall take place in such a manner as not to disrupt normal business activity, general safety, pedestrian or vehicular traffic. SECTION 6 Collection Containers The County, the contractor or business shall provide food waste collection containers as agreed to by the parties. The containers shall be of a type approved by the County and Contractor and meeting all applicable health codes and standards. These businesses shall include at least those exceeding two tons per month of compostables and now receiving compostables collection service per attachment A, or as agreed to by the parties. The title to the containers shall remain with their owners. The businesses shall have responsibility for the replacement of the food waste collection containers if they are lost, stolen, damaged or destroyed except by action of the contractor or County. The County or contractor shall supply additional containers as needed for additional volume but not as replacements where the County or contractor was not at fault for loss or damage. The County will be responsible for maintenance and replacement parts or repairs of those containers provided by the County. Contractor or generator will be responsible for maintenance and replacement parts or repairs of those containers provided by the contractor or generator respectively. SECTION 7 Transportation of Collected Food Wastes Contractor shall transport the collected food waste materials to its processing site. Contractor shall take title and have access to the food waste materials upon placement in the bin by participating businesses in accordance with Section 3 and shall be responsible for processing separated food wastes and shall retain all of the benefits from use of this material. Separated food wastes shall be the property of Contractor. SECTION 8 Labor and Co sts Contractor shall, at his sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform collection of separated food waste materials pursuant to this Agreement. 3 28 SECTION 9 ` r D � " �, Missed Pick Un In case of a missed pick -up reported by the generator, Contractor shall collect the separated food waste from such a business within 24 hours or the next working day following notification if the food waste and other compostables were accessible at collection time and properly prepared. All calls relating to missed pick -ups shall be logged by Contractor and reported with the monthly invoice. The log book shall be available for inspection by the County. SECTION 10 Refusal to Pick Uo Contractor may not pick up if a business does not properly separate food waste materials or if the containers are inaccessible. At the time of refusal to make the pick -up, Contractor will issue, at his expense, a written notice to the generator, which contains instructions for the proper separation of food waste materials. The County must receive written, faxed, email, or verbal notification of this refusal within 24 hours of issuance to the generator. If the Contractor misses or refuses to collect properly sorted and prepared materials from agreed to collection sites without the above justification, the Contractor is subject to a fine of $25 per refused site per scheduled collection. The charge will be deducted from the monthly bill. If a generator receives two such successive notices within a period of 30 days, Contractor, after obtaining consent from the County, may refuse all further pick -ups of food waste materials from that generator upon notice to the generator and the County. Any replacement location shall be agreed upon jointly by Contractor and the County. SECTION 11 Processing Center M Contractor may maintain a processing center for composting separated food wastes at his facility located in Chatham County or at another properly permitted facility of his choice. All food waste materials collected from generators may be processed at the Processing Center. Title to food waste materials brought to the Processing Center shall be with Contractor and Contractor shall have the responsibility for the proper processing and use of such food waste materials. Storage of food waste materials at the Processing Center shall be limited to that which can be properly contained pursuant to permits issued by the State of North Carolina or other government which has jurisdiction over other processing location. Contractor shall notify County Representatives, in writing, not less than 30 days prior to any relocation or alteration of permit of the food waste processing and composting center. SECTION 12 Public Awareness and Business Education and Training Program The County and generators with assistance from Contractor shall develop and implement a Public Awareness Program. The County, with assistance from the generators and contractor may develop signs for containers that the County may place on the tops of food waste bins and with other promotional material for use by the program to ensure proper separation and publicity for participants. 4 SECTION 13 DRAFT. 29 Compensation for Services The County agrees to make monthly payments to Contractor within 30 days of receipt of each accurate invoice, including weights or volumes and collection records. The weights are to be based on weighing of the containers at each collection at each location. If weight is to be estimated, weight samples shall be based on three weighings at each collection location with three containers full of food waste and other compostable materials and or total truck weight minus tare weight after pick -up route is complete on state - approved truck scales. Future weights are to be based on the volumes displaced during the three weighings. For example, if a full 20- gallon container weighs 180 pounds, then the weight per gallon is 9 lbs. /gallon. That density would be used for future estimates. Payment for services from July 1, 2000, through June 30, 2001 shall be $60,000 per year, paid at the monthly rate of $5,000 per month, inclusive of all costs associated with the food waste collection program. If the yearly tonnage exceeds 750 tons, an additional fee of $55 per ton inclusive, shall be paid by the County to the contractor for the additional services. The contractor will be credited with a two ton minimum against the yearly 750 ton total at any location not generating two tons per month. The County, contractor or generators shall provide containers at all sites for collection of separated food wastes and other compostable materials. Provision may be made for collection of other material that can be processed as compost feedstock These collected materials may be combined with other separated, compostable materials by the contractor to make marketable compost, if permitted. SECTION 14 Protection of Separated Food Wastes The County agrees, with cooperation of the generators involved, to take such steps as reasonably may be necessary to protect Contractor's ownership of all food waste materials placed at the designated area for collection by Contractor under the terms of this Agreement. Contractor may label the containers to indicate that the containers are the County's property and contents are his property once set out for collection. SECTION 15 Permits and Licenses Contractor, at his sole cost and expense, shall maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required to perform the work and services described herein, including but not limited to the collection of food waste materials and operation of the Processing Center for those materials. SECTION 16 Independent Contractor Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the County. Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be constructed as creating a partnership or joint venture between the County and Contractor. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of the County, and no such person shall be entitled to any benefits available or granted to employees of the County. 5 SECTION 17 Non - Assignment Mt J} Neither Contractor nor the County shall assign, transfer, convey, or otherwise hypothecate this Agreement or their rights, duties or obligations hereunder, or any part thereof without the prior written consent of the other, such consent not to be unreasonably withheld. SECTION 18 Compliance with Laws and Regulations Contractor agrees that, in the operation of the pick -up services and Processing Center and the performance of work and services under this Agreement, he will qualify under and comply with any and all federal, state and local laws and regulations now in effect, or hereafter enacted during the term of this Agreement, which are applicable to Contractor, his employees, agents or subcontractors, if any, with respect to the work and services described herein. SECTION 19 Ins, urance Contractor shall obtain and maintain throughout the term of this Agreement, at Contractor's sole cost and expense, not less than the insurance coverage set forth below: (a) Workers' Compensation Coverage A - Statutory Coverage B - $500,000 (b) Comprehensive Automobile Liability Bodily Injury - $1,000,000 each person $1,000,000 each accident Property Damage - $1,000,000 each accident to include coverage for all owned, non - owned, leased and hired collection vehicles. (c) Bodily Injury Property Damage $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each occurrence $1,000,000 aggregate 31 SECTION 20 LJKAFT Indemnity Contractor agrees to defend, indemnify, and hold harmless the County from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of Contractor except to the extent same are caused by the negligence or misconduct by the County. The County agrees, to the extent allowed by law, to defend, indemnify, and hold harmless contractor from all loss, liability, claims or expense (including death or property damage, to any person or persons caused in whole or in part by the negligence or willful misconduct of the County except to the extent same are caused by the negligence or misconduct by Contractor. Special Requirements The Contractor's insurance company is to submit a certificate of insurance stating that the County of Orange is to be named as a certificate holder on the automobile and comprehensive general liability policies in lieu of being named as an additional insured. Current valid insurance policies meeting the requirements herein identified shall be maintained for the duration of the named project. There also shall be a 30 day notification to the County in event of cancellation of coverage or modification of any stipulated insurance coverage. Actual insurance policies or copies certified by an individual authorized by the insurance company meeting the required insurance provisions shall be forwarded to the County. It shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements as the general contractor. If the contractor does not meet the insurance requirements, alternate insurance coverage satisfactory to the County may be considered. SECTION 21 Termination (a) In the event Contractor materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, the County shall notify Contractor in writing of the nature of such default. Within 15 days following such notice: 1. Contractor shall correct the default; or 2. In the event of a default not capable of being corrected within 15 days, Contractor shall commence correcting the default within 15 days of the County's notification thereof; and thereafter correct the default with due diligence. (b) If Contractor fails to correct the default as provided above, the County, without fiuther notice, shall have all of the following rights and remedies, which the County may exercise: 1. The right to declare that this Agreement, together with all rights granted Contractor hereunder, is terminated effective upon such date as County shall designate; 2. The right to license others to perform the services otherwise to be performed by Contractor, or to perform such services itself, and 3. In the event of a default not capable of being corrected because of damage to the Processing Center, due to force majeure, the County may provide Contractor with a suitable temporary location for conducting processing services. 4. Contractor may terminate with cause after a 30 day notice. SECTION 22 All notices required or contemplated by this Agreement shall be personally served or mailed, postage prepaid and return receipt requested, to the parties as follows: To the County of Orange: To Judy D Brookds & Dean Brooks Records and Reports Solid Waste Management Department PO Box 17177 Chapel Hill NC 27516 Attn: Joe Clayton Judy D. Brooks Contractor, Inc. 1195 Beal Road Goldston, NC 27252 SECTION 23 Contractor shall maintain its books and records related to the performance of this Agreement in accordance with the following minimum requirements: (a) Contractor shall maintain any and all ledgers, books of account, invoices, vouchers and cancelled checks, as well as all other records or documents evidencing or relaxing to charges for services, expenditures or disbursements borne by the County for a minimum period of three years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. (b) Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. (c) Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time, during regular business hours, upon written request by a County representative at Contractor's address indicated for receipt of notices in this Agreement. (d) Contractor shall provide monthly project reports to the County during the contract period, to be due within 15 working days of the end of the previous monthly period. At a minimum, the reports shall include: • Summaries of the volume or estimate of weight of all separated food waste materials collected in this program; • Participation rates in terms of monthly weight or volume counts by locations; and • Description of program progress, including any collection complaints or other problems encountered, and how they were resolved. (e) Contractor shall provide a Contract Term Summary Report to be due within 30 days of the end of the fiscal year June 30, 2001. At a minimum the report shall include: 0 A collated summary of the weights or volume estimates, • A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and participation; and • Summary of complaint calls by number and type. SECTION 24 Force Maieure SIT Contractor's performance hereunder may be suspended and his obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond the reasonable control of Contractor, unless such cause or causes are the sole result of action or nonaction by Contractor. Such causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage, lack of adequate fixel, power or raw materials; judicial, administrative or governmental laws, regulations, requirements, rules, orders or actions; injunctions or restraining orders; the failure of any governmental body to issue or grant, or the suspension or revocation or modification of any license, permit or other authorization necessary for the construction and/or operation envisioned by this Agreement; national defense requirements; labor strikes, lockout or injunction. SECTION 25 Waive A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. SECTION 26 Law to Govern This Agreement is entered into and is to be performed in the State of North Carolina. The County and Contractor agree that the law of the State of North Carolina shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement. SECTION 27 Titles of Sections Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION 28 Amendment This Agreement may be modified or amended only by a written agreement duly executed by the parties hereto or their representatives. SECTION 29 DRAFT =< Cooperation Among the Parties Whenever consent, action or inaction is required, such consent, action or inaction will not be withheld unreasonably by either party. SECTION 30 SeverabM The invalidity of one or more of the phrases, sentences, clauses or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement so long as the material purposes of this Agreement can be determined and implemented. SECTION 31 Successors and Assigns This Agreement shall be binding upon the parties hereto, their successors and assigns. SECTION 32 Entire This Agreement and any attachments attached hereto contain the entire Agreement between the parties as to the matters contained herein. Any oral representations or modifications concerning this Agreement shall be of no force and effect. 10 Attachment A Locations from which food waste materials may be collected: 1. 411 West 2. Aurora Restaurant 3. Breadmeds Restaurant 4. Carolina Brewery 5. Flying Burrito Restaurant 6. Granville Towers 7. Interfaith Community House 8. K & W Restaurant 9. Margaret's Cantina 10. Spotted Dog 11. Top of the Hill 12. Weaver Street Market 13. Wellspring i1 DRAFT 35 STATE OF NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Beverly A. Blythe personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Carey Jr., Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of Notary Public My Commission expires: STATE OF _ COUNTY OF a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of Notary Public My Commission expires: 12 2000. y IN TESTIMONY WBEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: Moses Carey, Jr., Chair CONTRACTOR: ATTEST: Beverly A. Blythe, Clerk to the Board WITNESS: This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 13 37 38 'oil State of North Carolina Agreement for County of Orange Recycling Services IN-HOUSE RECYCLING CONTRACT This agreement, entered into this day of 2000, by and between The County of Orange, North Carolina (hereinafter "County ") and Orange Recycling Services Inc. of Durham, North Carolina (hereinafter "ORS ") for the provision of recycling services to specified locations within Orange County, NC. In consideration of the mutual promises hereinafter set forth and for good and valuable considerations, the parties hereby agree as follows: A. Duties of the Contractor 1. ORS has express permission to enter specified locations during normal business hours and at a time pre - arranged with individuals at that specific unit for the purpose of removing specified materials generated through business operations of that unit. Specific Service Locations and frequency of collection at said locations are to be found in Attachment A. 2. ORS has express rights to claim materials collected in this program provided those materials come under a category commonly and previously considered as waste and traditionally destined for permanent disposal by the client. Upon removal materials shall become property of ORS and shall be recycled or otherwise productively used in a manner to be agreed on by the County and ORS. 3. Materials collected shall be limited to the following: a. Paper and paper board products; b. Ferrous and non - ferrous metal beverage and food containers; C. Plastic containers and packaging except polystyrene and foam; d. Glass beverage and food containers. Materials collected at each service location shall include but not be limited to: white ledger paper, glossy paper (OMG) grade, office fiber, news paper (ONP), and aluminum beverage cans. Collection of materials beyond those listed above are to be negotiated on a case by case, site by site basis. Corrugated Cardboard (OCC) shall be collected by ORS at specified locations only. For a list of locations where OCC is to be collected see Attachment B. 4. The frequency of collection for each service location is specified in Attachment A. ORS shall maintain a regularly scheduled pickup at the frequency specified in Attachment A. ORS will provide the County with a service schedule listing collection dates for each service location. This schedule shall be based on collection frequencies as specified in Attachment A. ORS shall respond to 80 percent of requests for additional service by 5:00 PM of the working day following 1 L a call -in requesting service due to container being full. The remaining 20 % of requests for additional service shall be responded to by 5:00 PM of the second working day following a call - in requesting additional service. If the 80% response is not achieved the County can provide for service and deduct the subsequent cost of providing this service from the monthly invoice for service provided by ORS. Requests for additional service must come from Orange County Department of Solid Waste Management, requests from third parties are not to be recognized unless specified by Orange County Department of Solid Waste Management. 5. ORS will utilize collection equipment and containers which are suitable for the job given the amount of material collected and the logistical considerations of each collection location. In general, ORS shall provide clean, labeled fiber or plastic drums for collection of materials and shall transport all materials collected in a closed -body vehicle in a manner which will prevent littering from the vehicle and in a manner which will prevent hazard to life, health, and property of the County and the society at large and in accordance within all local, state, and federal laws and regulations. ORS agrees to operate this program in a manner consistent with vehicle safety, fire safety, and good housekeeping practices. 6. ORS agrees that collection containers shall have clean, undamaged exteriors, and be clearly labeled as to contents. If the collection capacity at a specified service location exceeds that of the containers provided by ORS, the County can request that ORS provide additional containers at the location, or the County may adjust the collection schedule to allow for more frequent collections. If the County, for aesthetic or other reasons, would like to furnish alternative collection containers, these shall be negotiated with ORS. Alternative collection containers will be provided at the expense of the County or at the expense of the management of the service location. ORS will not deny reasonable requests for use of alternative collection containers which are similar in shape and size to the standard fiber drums. ORS can, at its option, with agreement by the management at any affected service location and County Solid Waste Programs Manager, increase the collection capacity at a particular location, for a particular material in a logical fashion when such expansion shall permit a more efficient collection schedule for all materials being collected from that particular site. This collection capacity increase may take place provided that the capacity increase does not interfere with County operations. 7. ORS shall maintain at its sole cost and expense, adequate insurance coverages. Such coverages shall remain in effect during the term of the contract, and shall contain at a minimum: a. Comprehensive General Liability - Minimum limits shall be set at $1,000,000 (one million dollars) per occurrence combined single limit for bodily injury liability. This shall include premises and or operations independent contractors; b. Business Auto Insurance - minimum limits shall be set at $1,000,000 (one million dollars) per occurrence combined single limit for bodily injury, liability, and property damage. This shall include both owned vehicles, hired and non -owned vehicles; K 39 [I'll" R _ir c. Workers' Compensation Insurance Coverage shall apply to employees for statutory limits in compliance with the applicable state and federal laws. The policy shall include employer's liability with a limit of $100,000 each accident, $1,000,000 bodily injury by disease each employee and $500,000 injury by disease policy limit. 8. ORS shall comply with the following special requirements of the County: a. The County shall be named as an additional insured on the comprehensive general liability policy; b. Current valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Renewal certificates shall be sent to the County thirty (30) days prior to cancellation or modification of any stipulated insurance coverage. Certificates of insurance shall be on an ACORD form meeting the required insurance provisions. c. ORS shall ensure that any subcontractors comply with the same insurance requirements outlined above; d. ORS agrees to indemnify and hold harmless the County from all loss, liability, claim, or expense from damage caused in whole or part by negligence or willful misconduct of the contractor except to the extent that the same are caused by the negligence or misconduct of the County. 9. ORS agrees that if, through any cause, it fails to fulfill in a timely and proper manner the obligations under this contract, the County shall have the right to terminate this contract by giving written, notice to ORS at least thirty days before termination. ORS agrees that if a site overflows and the County requests an additional collection and ORS cannot provide service within the parameters defined in Section A, Paragraph 4 of this agreement, the County may deduct the cost of providing service to that site from the monthly invoice. The County agrees that if the quality of materials separations at any collection location becomes so poor or if it is evident that material is being brought in to the program from outside County operations or the operations specific to the service location, that ORS has the right to terminate the collection at that location. Before ORS initiated termination of service at any location can occur, ORS must provide County with a verbal warning following the first occurrence and a written warning following the second occurrence of any problem which might necessitate termination of service. Prior to termination, and resulting from collections for which warnings are necessary, the County agrees to compensate ORS for cleaning drums of contaminated materials. ORS agrees that the recyclable materials sorted from the contaminated collections will be recycled where possible and not landfilled. If collection of a material at a location is terminated, the County shall no longer be obligated to 3 41 pay for collection of that material at that location after the month in which it is terminated. 10. ORS agrees that, if there are more than three substantive complaints per month regarding collections, that the County shall be able to deduct payment for service for each site at which said substantive complaints took place for that month. Substantive complaints may include, but are not limited to the following: failure to collect on a scheduled collection day; failure to respond to a request for additional service within allowed time frame. The legitimacy of complaints other than those specifically listed above shall be determined jointly by ORS and the County. 11. ORS agrees to provide, with its monthly invoice a monthly report detailing the weight of material picked up from each stop and the frequency of collection. The report will detail amounts of recyclables collected at each location by material. These weights are to be based, when possible, on the actual weight of the recyclable material as determined by a calibrated scale as the materials are collected. The weights may also be estimates which are based on the weight of the specific type of container used in the collection program when they are full of material to be collected (benchmark weights). The weighing of the containers to establish benchmark weights is to be conducted jointly with the Solid Waste Programs Manager or Recycling Coordinator and an ORS representative. Additionally, ORS shall provide the county with an annual summary of the materials collected from each service location. 12. ORS shall provide the County a copy of the written protocol that it uses to inform the County of its methodology for estimating weights of various materials collected from the buildings listed in this contract. The copy of said protocol must be submitted to the County with the signed copies of this contract. 13. ORS agrees that uncontaminated material collected from this program shall be recycled or otherwise productively reused and shall not landfilled. Other forms of productive reuse shall be negotiated with the County. 14. ORS agrees to provide the collection of corrugated cardboard (OCC) from the sites listed in Attachment B. OCC collection will take place carts with a maximum capacity of 90 gallons each. The carts will be provided by the County unless otherwise agrees to by ORS and County. Collections will occur during the regularly scheduled visits to these service locations. ORS will not be responsible for collecting boxes that are not broken down, or boxes that are contaminated by food waste or other such contaminants. 15. ORS agrees to provide additional hauling services as mutually agreed to by County and ORS. The County will maintain ownership of all hauled materials (i.e. recyclables) unless otherwise specified. ORS will be responsible for damage to County property or private property which occurs as a result of hauling services. ORS agrees to provide the County with data receipts from each haul of recyclable material which they haul to a materials vendor. Any data receipts must be submitted on at least a monthly basis. 4 �v 42 B. Duties of the County 1. County agrees that for the term of this agreement, all containers provided by ORS remain the property of ORS as do their proper contents. County agrees not to alter, deface or destroy containers provided by ORS except to place labels on these containers indicating which materials are to be placed within. County may provide labels for each container specifying which recyclable material to place in container. In the event that containers are altered defaced or destroyed with normal wear and tear excluded, ORS is entitled to proper remuneration from the County. County may furnish alternate types of containers upon negotiation with ORS on type and capacity. County is responsible for the maintenance of any collection container which it chooses to provide. 2. The County agrees to educate employees at each service location as to the proper use of this recycling program. County will assist ORS in trouble shooting problems which may develop at specific locations, and provide continued feedback about this recycling program to the employees of the service locations through the employee newsletter or other forms of communication. 3. The County agrees to inform employees at each service location that materials collected are to be related to and / or generated during the course of the operations of business at that location. Materials are not to be brought in for collection from outside County operations or operations which are specific to that service location. 4. The County agrees to facilitate all communications between management and or employees at each service location and ORS. All complaints and requests for additional service will come from the County Department of Solid Waste Management. 5. The County will provide and maintain roll carts up to 90 gallons in capacity for the collection of corrugated cardboard at all sites listed on Attachment B. C. Billing and Payment 1. The County agrees to pay ORS for services rendered under this agreement within thirty days of receipt of an accurate invoice and collection data. D. Fee Schedule and Maximum Sum 1. County agrees to compensate ORS as agreed at a rate of $38 per collection per service location. All locations shall be collected on the frequency specified in Attachment A. If the regularly scheduled collection day is a holiday, then collection shall take place either the day prior to or the following the regularly scheduled service day. There may be a $38.00 per pick up charge for additional and or unscheduled pickups at any site. ORS agrees that it will not bill for unscheduled pickups unless notified of the need for the pick up by the office of the County Solid Waste Programs Manager or his representative. The unscheduled pick up fees do not apply to 5 `w. F 43 instances of containers missed during regularly scheduled pick ups. 2. County agrees to compensate ORS for cleaning contaminated materials at the rate of $10.00 per full drum prorated as necessary. If the Town decides to sort the materials itself and recycle them in existing uncontaminated drums, there will be no charge by ORS. 3. County agrees to compensate ORS at the rate of $150.00 per month for the collection of corrugated cardboard from all specified locations on Attachment B. Additional or unscheduled collections of corrugated cardboard, or collection of corrugated cardboard from a location other than those listed on Attachment B may be billed at the rate of $38.00 per occurrence. ORS may charge an additional fee of up to $20.00 per occurrence for the collection of excessive amounts of cardboard any site listed in Attachment B. The amount of any additional fee shall depend on the amount of time spent loading and unloading excessive cardboard. Excessive cardboard shall be defined as broken down boxes which exceed the collection capacity of the allotted number of roll carts at any collection site. 4. County agrees to compensate ORS for additional hauling services at the following rates: Hauling of "Blue Box" recycling roll -off = $70.85 per haul Hauling of Mixed Paper roll -off = $109.00 per haul Hauling of Glass roll -off = $130.80 per haul Price on any other hauling services will be negotiated between County and ORS on a case by case basis. E. Amendment 1. Any changes, deletions, or additions to the terms and conditions of this contract must be made by written amendment signed by both parties. F. Term 1. The term of this contract is for one year beginning July 1, 2000 through June 30, 2001 and may be terminated for just reason by either party on 30 days written notice to the other party. Said written notice shall be delivered to the appropriate individual at the addresses listed below: Mr. Kurt Uphoff Orange Recycling Services 1109 East Peabody St. Durham, NC 27701 Mr. Gayle Wilson Orange County Solid Waste Management PO Box 17177 Chapel Hill, NC 27516 -7177 M "t 44 ATTACHMENT A Used Motor Oil Collection Locations Tank Size Bradshaw Quarry Solid Waste Convenience Center 2 x 150 gal address: 6705 Bradshaw Quarry Road Efland, NC 27243 Eubanks Road Solid Waste Convenience Center 1000 gal address: 1514 Eubanks Road Chapel Hill, NC 27514 Ferguson Road Solid Waste Convenience Center 480 gal address: 1616 Ferguson Road Chapel Hill, NC 27516 High Rock Road Solid Waste Convenience Center 400 gal address: 6906 High Rock Road Efland, NC 27243 Highway 57 Solid Waste Convenience Center 525 gal address: 1220 NC 57 North Hillsborough, NC 27278 Orange County Public Works Department 1000 gal address: 600 Highway 86 North Hillsborough, NC 27278 Orange County Landfill Maintenance Building 150 gal plus 55 gal drums address: 1514 Eubanks Road (North Side of Eubanks) Chapel Hill, NC 27516 Orange County Landfill Household Hazardous Waste Building 250 gal address: 1514 Eubanks Road (South Side of Eubanks) Chapel Hill, NC 27516 Walnut Grove Solid Waste Convenience Center 400 gal address: 3605 Walnut Grove Church Road Hillsborough, NC 27278 DRAFY 45 ATTACHMENT B Oil Filter Collection Locations Bradshaw Quarry Solid Waste Convenience Center address: 6705 Bradshaw Quarry Road Efland, NC 27243 Eubanks Road Solid Waste Convenience Center address: 1514 Eubanks Road Chapel Hill, NC 27514 Ferguson Road Solid Waste Convenience Center address: 1616 Ferguson Road Chapel Hill, NC 27516 High Rock Road Solid Waste Convenience Center address: 6906 High Rock Road Efland, NC 27243 Highway 57 Solid Waste Convenience Center address: 1220 NC 57 North Hillsborough, NC 27278 Orange County Public Works Department address: 600 Highway 86 North Hillsborough, NC 27278 Orange County Landfill Maintenance Building address: 1514 Eubanks Road (North Side of Eubanks) Chapel Hill, NC 27516 Town of Carrboro Vehicle Maintenance Facility address: 100 Public Works Drive (off of Smith Level Road) Carrboro, NC 27510 Town of Chapel Hill Vehicle Maintenance Facility address: 1099 Airport Road Chapel Hill, NC 27516 Walnut Grove Solid Waste Convenience Center address: 3605 Walnut Grove Church Road Hillsborough, NC 27278 t4 tj IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: BY: Moses Carey, Jr., Chair CONTRACTOR: ATTEST: Beverly A. Blythe, Clerk to the Board WITNESS: This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 46 t 41 STATE OF NORTH CAROLINA ORANGE COUNTY I,. , a Notary Public for said County and State, do hereby certify that Beverly A. Blythe personally appeared before me this date and acknowledged that she is the Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Moses Carey Jr., Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the day of STATE OF _ COUNTY OF Notary Public 2000. My Commission expires; I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing Agreement. WITNESS my hand and official seal, this the day of Notary Public 2000. My Commission expires: BID TABULATION BID # 224 BID FOR: LANDFILL COMPACTOR BID AWARDED TO: CLOSING DATE: 7 -26 -2000 BID PRICE: CLOSING TIME: 3:30 PM BUDGETED AMOUNT: 48 VENDOR BID BOND UNIT COST TRADE IN ALLOWANCE 5 YEAR POWER TRAIN WARRANTY NET BID CAROLINA TRACTOR NO NON RESPONSIVE BID (NO BID BOND) PIONEER YES $349,972.00 - $51,000.00 $17,000.00 $315,972.00 AE FINLEY YES $324,615.00 - $30,000.00 $21,555.00 $316,170.00 ALJOHN NO BID GREGORY POOLE YES NON RESPONSIVE BID (BID NOT SIGNED) BID TABULATION BID # 223 BID FOR: TRACTOR SCRAPER BID AWARDED TO: CLOSING DATE: 7 -26 -2000 BID PRICE: CLOSING TIME: 3:00 PM BUDGETED AMOUNT: 49 VENDOR BID UNIT COST TRADE IN 5 YEAR NET BID BOND ALLOWANCE POWER TRAIN WARRANTY GREGORY POOLE YES NON RESPONSIVE BID (BID NOT SIGNED) RW MOORE NO BID INTERSTATE YES $298,235.00 - $135,000.00 $18,050.00 $181,285.00 EQUIP CAROLINA NO NON RESPONSIVE BID (NO BID BOND) TRACTOR