HomeMy WebLinkAbout2001 S Solid Waste - Waste Industries Ind Renewal of Governmental Buildings Recycling Program Contract State of North Carolina Agreement for
The County of Orange Recycling Services
MULTIFAMILY COMPLEX RECYCLING AGREEMENT
between
The County of Orange
and
Waste Industries,Inc.
This agreement, entered into this the 1St day of July, 2001,by and between The County of Orange,
North Carolina, on behalf of its Department of Solid Waste Management, (hereinafter"County"),
and Waste Industries, Inc. of Durham,North Carolina(Contractor) for the provision of residential
multi-family recycling collection services to apartment complexes within the corporate limits of
Orange County,NC or within the incorporated municipalities of the Town of Carrboro,the Town of
Chapel Hill, and the Town of Hillsborough,NC
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, empty
aerosol cans,plastic bottles#1,#2, #3, #4,#5,#6,#7, and other agreed on materials that are the
subject of County's recycling collection contract.
Recycling Collection Services: Those services to be performed by Contractor as follows: (a)the
collection of Recyclable Materials from locations 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 collected, and the number and
type of customer complaints.
Collection Site: Single area for placement of recycling containers for materials to be collected. The
following list defines the subcategories of sites. Attachment A lists all sites serviced under this
contract as of 6/30/01;
Half Site: any collection site with 7 to 11 carts for the collection of recyclable materials that is
serviced once every two (2)weeks.
Single Site: any collection site with 7 to 11 carts for the collection of recyclable materials that is
serviced on a weekly basis.
Double Site: any collection site with 12 to 22 carts for the collection of recyclable materials that
is services on a weekly basis, or any collection site with 7 to 11 carts which is serviced twice
(2 times)per week.
Quarter Site: (may also be known as Fraternity/Sorority Site): any collection site with 7 to 11
carts for the collection of recyclable materials that is serviced once every four (4) weeks (note
that all Fraternities and Sororities may not necessarily be serviced at this level).
Special Site: any collection site that does not fit into the above categories. There are two common
types of special sites: those sites that are established for the collection of one material only, i.e.
newspaper; and those sites containing less than seven(7)carts for the collection of recyclable
materials. Any other type of special site may be negotiated between County and Contractor.
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.
Recycling Containers: A wheeled container with a permanently attached lid made of rigid plastic
construction to be used at apartment complexes and other designated sites for the collection of
Recyclable Materials and provided pursuant to this Agreement.
Resident: A resident or a management representative of a designated apartment complex or
multifamily residential complex.
Segregated: Recyclable Materials placed in or adjacent to Container labeled for the collection of that
material.
SECTION 2
Term of Agreement
The term of the contract,unless otherwise agreed by the parties,will be for the period from July 1,
2001 through December 31,2002(hereafter referred to as initial term)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 following the initial term assuming that the project is
successful and County recommends continuing the program,and that funding is approved annually
through the 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 County.
SECTION 3
Costs of Service
a) Cost of collection per site within the Town limits of Carrboro and Chapel Hill, or south of
Interstate 40 within Orange County, for July 1, 2001 through December 31,2002 shall be
$111.59 per Single Site per month,$55.86 per Half Site per month, $31.09 per Quarter Site per
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month, and $164.44 per Double Site per month. The number of Double Sites at this price shall
be limited to twenty-five(25). Cost of specialized sites for collection of newspaper only from
90 gallon roll carts shall be$34.55 per site per month for weekly collection. These sites shall be
limited to areas that are contiguous with existing routes. There shall be a limit of three (3) of
these newspaper-only sites.
b) Contractor may charge County a monthly fee for collection from sites within the Town of
Hillsborough or anywhere north of Interstate 40 and within Orange County. This fee, or travel
surcharge, shall not exceed$175 per month,regardless of the number of sites served. For
example,the cost of serving a site in Hillsborough shall be the standard monthly site charge
($111.59 per Single Site, $164.44 per Double Site and$55.86 per Half Site)plus the travel fee.
c) The collection price for all sites over twenty-two (22) carts shall be negotiated between
Contractor and County. Any sites that require collection frequencies or cart quantities other
than stipulated within this contract are to be negotiated between County and Contractor on a
case by case basis.
d) If County and Contractor choose to extend this contract beyond the initial term,the formula for
negotiating future costs is to be as follows:
The monthly cost per site for any future term of this contract may not exceed the monthly cost
per site of the previous term multiplied by a factor equal to the Federal Bureau of Labor
Statistics Consumer Price Index for Transportation for the South Urban region as measured at
the time of negotiation for the future term and compared to the index at the time the per site
price for the previous term was set(the price for the initial term was set in February 2001).
e) This contract may be expanded or contracted at the option of the County to include additional
or fewer multifamily sites. County agrees to limit elimination of sites during any one
contract period to the extent that annual gross revenue to Contractor shall not be reduced by
more than 10 percent. For the sake of this clause only, annual gross revenue shall be
determined by taking the bill for the first month of the contract term and multiplying by
twelve (12). More specifically this amount(annual gross revenue) shall be determined by
applying the standard per site charge (Section 3, subsection a) to the site list, attachment A,
and multiplying by 12. Reduction of service beyond this aforementioned level may not take
place without agreement of Contractor.
SECTION 4
Scope of Services
Contractor shall perform Recycling Collection Services in the Towns or Orange County as follows:
Contractor shall collect and remove for marketing or reuse all Recyclable Materials which are
"segregated" and placed in Recycling Containers at the recycling sites at apartment complexes listed
in Attachment A. The Recycling Collection Services performed may be expanded as the budget
and other constraints permit. Collection fees for sites that are added shall be paid in accordance
with Section 3 above.
At sites collected on a weekly basis, Contractor shall not be required to empty recycling
containers less than one quarter(1/4) full. At sites with collection intervals greater than one
week(more than 7 days apart), all containers must be emptied.
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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
or replaced in the appropriate cart. Collectors shall carry a broom and dustpan to sweep up any
broken glass or litter that occurs in the process of recycling collection. Collection personnel shall
also pick up any recyclables under or immediately next to the recycling containers. Management
personnel from the complexes shall also ensure that sites are free of litter and broken glass that are
not a direct result of the collection process.
Where there are consistent overflows of recyclable materials, County may require Contractor to
provide additional carts for those materials which overflow(Contractor may then adjust amount
billed when and if change in 6A number causes a site to be reclassified as a different type of site).
SECTION 5
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:
County's Representative
County's Representative,for purposes of this Agreement, shall be:
Blair L. Pollock
Solid Waste Management Department
Orange County
PO Box 17177
Chapel Hill,NC 27516-7177.
Ph. (919)968-2788
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) 596-1363
SECTION 6
Frequency and Time of Collection
Contractor shall collect,with the permission of the property owner,the Recyclable Materials placed
at each Collection Site at least once each week(or at the frequency required by the type of site as
listed on Attachment A). Collection shall take place no earlier than 7:00 AM and no later than 7:00
PM.
Holiday cancellations of Multifamily recycling service may include only: Independence Day(July
4),Labor Day,Thanksgiving, Christmas Day(December 25),New Year's Day(January 1),Martin
Luther King Jr. Holiday, Good Friday,and Memorial Day. Note that the week following a holiday
cancellation tends to have exceptionally heavy recycling set-out,and back-up trucks may be
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required to complete the collection route. In case of cancellation, Holiday week schedules may be
shifted to have collection a day late following the holiday. Holiday collection schedules are to be
negotiated annually between Contractor and County.
For Fiscal Year 2001-2002:
Contractor will not provide recycling service on Thanksgiving Day, Thursday November 22,
2001. Those recycling services regularly provided on Thursday will be provided on Friday
November 23' , and services regularly provided on Friday will be provided on Saturday
November 24"'.
Contractor will not provide recycling service on Christmas Day, Tuesday December 25, 2001.
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, Tuesday January 1St, 2002.
Monday routes (12/31/01, New Yeas Eve) will be collected as usual. Those recycling services
regularly provided on Tuesday 1/1/02 will be provided on Wednesday 1/2/02, Wednesday routes
will be collected on Thursday 1/3/02, Thursday routes will be collected on Friday 1/4/02, and
Friday routes will be collected on Saturday 1/5/02.
This (above) is the holiday schedule for the entire Fiscal Year, other holidays not listed will not
be observed during FY 2001-2002.
On days where County offices are closed (due to Orange County Government holiday) and
Contractor is providing recycling service, County may place 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 7
Recycling Containers
Contractor shall purchase and distribute at the designated sites sufficient Recycling Containers of
the type 90 gallon roll carts to accommodate all newspaper, glossy magazines,telephone books,
glass bottles and jars,steel food cans,aluminum beverage cans,empty aerosol cans,plastic bottles
41 - #7 brought to that point by residents of the complex in one week(or other designated service
period). These containers shall be in place before a site is brought into service. It is assumed that
the Contractor will coordinate distribution of the containers with County. Contractor may secure
containers at the site with locks and chains. Contractor may work with management at each
complex to determine how bins are to be secured.
The title to the Recycling Containers and materials in them shall remain with Contractor. Contractor
shall have responsibility for the repair or replacement of the Recycling Containers due to normal
wear and tear. The apartment complex serviced shall be responsible for container repair or
replacement following the first incidence of vandalism or theft at each site when containers are
properly secured by being locked together with a chain. Determination of normal wear and tear or
vandalism or theft shall be made by County. If containers are not secured,in case of theft or any
other unauthorized removal of containers,Contractor shall be responsible for container replacement.
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Contractor may prosecute any person or persons found vandalizing or defacing the containers or
stealing or contaminating their contents. This prosecution will have full cooperation of the
managers of the complexes as well as County. A statement to this affect is contained in the terms of
the agreement between County and the complexes. Failure by the complexes to cooperate may
result in removal of recycling containers from the apartment complex premises.
All the containers shall have a uniform appearance in size, design, and color. If this is not possible,
then containers shall have a complementary appearance as approved by County in advance of
placement of container infield. A sufficient number of containers shall be provided to handle
overflow situations. All containers shall carry the telephone number of Orange County Department
of Solid Waste Management/Orange Community Recycling, as well as clear designation of the use
of the container and the sponsorship of the Orange Community Recycling Program.
SECTION 8
Repair or Replacement of Recycling Containers
Contractor agrees that it will repair or replace Recycling Containers within five(5)working days of
notification by a resident or County or complex manager that a Recycling Container is missing or
damaged and therefore unusable. Contractor will famish the first container repair at each site with
the apartment owner responsible for all repair of vandalized containers after the first one at each
site. Stolen containers will be replaced by Contractor at the expense of the complex management
unless it is determined that Contractor did not secure the containers with lock and chain furnished
by them. If the containers are not secured, Contractor shall be responsible for replacement. Failure
of Contractor to repair or replace damaged or missing carts by 5:00 PM of the fifth(5th)working
day following written or faxed notification by County will result in a penalty of$25.00 per reported
incident per day until said cart is repaired or replaced. Any resultant penalties may be deducted
from the cost of service for this contract for the month,or the month following the month,in which
the incident took place.
Contractor shall furnish,at its expense,routine maintenance of containers. In general,the
Contractor's collection personnel should inspect the collection carts and replace any and/or all
labels which are missing,damaged,vandalized or defaced during each visit to the site. Contractor
shall apply only the decals furnished by County which properly identify the type(s)of material to be
placed in each container. Contractor shall replace decals that it finds defaced or vandalized.
County may penalize Contractor for failure to properly maintain decals as follows: County
personnel may inspect collection sites to check for proper cart maintenance and labeling,if County
determines that labels are missing,damaged,vandalized or otherwise defaced it will notify
Contractor by written or faxed notice. Upon receipt of said notice, Contractor must properly replace
the label in question by 5:00 PM of the fifth(5th)working day following written or faxed
notification. Failure of Contractor to replace damaged,missing,vandalized or defaced labels by
5:00 PM of the fifth(5th)working day following written or faxed notification by County will result
in a penalty of$25.00 per reported missing,damaged,vandalized or defaced label per day until said
label is repaired or replaced. Any resultant penalties will begin accruing on the fifth(5th) day
following written or faxed notification by County, and will continue to accrue until Contractor
properly replaces the label in question. Any resultant penalties may be deducted from the cost of
service for this contract for the month,or the month following the month,in which the report took
place.
Contractor may place on the containers decals with their identification and telephone number. This
company identification decal shall be pre-approved by County and shall not obscure or interfere
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with decals identifying which materials go into the recycling cart. If at all possible,the Contractor
decal shall be placed at the lower section of the cart on the side with the handle.
SECTION 9
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 container by residents in
accordance with Section 4 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. Prior to
landfilling any materials collected from the multifamily recycling program, Contractor shall contact
County and request written authorization to landfill or incinerate contaminated recyclables collected
in this program. Failure to gain written authorization to dispose of these materials by landfilling or
incineration 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(8)roll-off containers for the storage of recyclable materials belonging to Contractor shall
accumulate at this site. If more than eight containers for the storage of recyclable materials
accumulate, County or the Town of Chapel Hill may remove the containers at the expense of
Contractor after 24 hours written or faxed notice to Contractor.
Contractor may be asked to occasionally provide County access 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 and properly sorted by its recycling programs. 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.
Contractor's failure to clean the temporary storage site within two (2)business 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 at its own expense may choose to pay for any necessary repairs or improvements to the
concrete pads,retaining walls, and/or drainage systems that have been built at the temporary loading
dock. Estimated costs of specific repairs or improvements may be negotiated with County.
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SECTION 10
Labor and Costs
Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor
and equipment required to perform multifamily collection of Recyclable Materials pursuant to this
Agreement.
SECTION 11
Procedures and Penalties for Missed Pick-Ups or Overflows of Materials Collected in this
Program
In case of a missed pick-up or an overflow reported by the Towns, County,management of a
multifamily site, or a resident, Contractor shall collect the Recyclable Materials from such point by
5:00 PM of the working day following written or faxed notification if point was accessible and not
blocked. All calls relating to missed pick-ups, overflows,or other collection problems shall be
logged by County and such log shall be available for inspection by County.
a) Penalty for Missed Collection
If containers at any recycling site 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 daily penalties equal to $10.00 per site per day not collected. Any
resultant penalty shall begin accruing on the day after collection should have taken place,and
will continue to accrue until collection has taken place. Penalties for missed collections may be
enacted regardless of whether or not there is material overflow.
Example of penalty determination: If a single site that was scheduled for Monday service is
reported as having been missed,and the site is not collected until Friday,then the daily penalty
shall be $10.00 per day not collected,with fines beginning to accrue on Tuesday. The total
penalty in this instance shall be$40.00($10.00 penalty for each day,Tuesday through Friday,
including Friday).
b) Penalty for Overflows
County may levy penalties beyond the Missed Collection penalty for overflows that are a result
of missed collections. If a site that has been collected on schedule is repeatedly subject to
overflow, and this overflow is not due to a missed collection,County may request that
Contractor install additional carts. In case of overflow not caused by missed collection,if
County requests additional carts be installed at the site in question, Contractor must place
additional carts in the field by 5 PM of the second working day following said request.
When overflow is determined by County to be caused by Contractor's failure to collect,
penalties for overflow as a result of missed collection shall be considered as follows:
i. First five overflows that are a consequence of missed collections in any calendar month,no
charge,
ii. Next five overflows that are a consequence of missed collection, $50 per overflow(one
overflow per site,regardless of number of materials overflowing)where the overflow is not
cleaned up by 5:00 PM of the working day following written or faxed notification of
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Contractor by County. The exception to the penalty shall be when the contractor can
demonstrate that overflow resulted from excessive use of the site between regularly
scheduled collections rather than a missed collection. This exception will be negotiable
between the contractor, County, and the apartment site manager,
iii. Each overflow resulting from a missed collection after the first ten, $100 per overflow,
when overflow is not cleaned up by 5:00 PM of the working day following written or faxed
notification of Contractor by County. The same exceptions apply as in#ii immediately
above.
Any resultant penalties may be deducted from the cost of service for this contract for the month
of, or any month following,the reported incident.
c) Procedure for Spilled Recyclables
If recyclable materials intended to be collected by this program are spilled by weather events,
vandalisim, or any cause other than missed collection or excessive use of collection site,
Contractor will act to clean up and recycle(when possible) said spilled materials by 5:00 PM of
the working day following notification of Contractor by County. County acknowledges that in
the case of large scale spillage such as that caused by a severe weather event it may not be
possible for Contractor to completely clean the spilled materials by the close of the day
following notification. In this case, County will act in good faith to assist Contractor if the
clean-up efforts. No penalties shall apply for spillage events covered in this clause, Sectionl2,
Subsection c, assuming that County determines that Contractor has acted with due diligence to
clean up spilled materials.
SECTION 12
Refusal to Pick Up
Contractor may refuse to pick up if materials are not properly segregated into the different
containers as labeled. Contractor personnel shall remove and properly dispose of up to five(5)
improperly sorted items from each container in order to make it acceptable. Contractor is not
required to remove more than five(5) items from any one(1)recycling container. Refusal to pick
up a container with more than five (5)improper items in it shall be at the Contractor's discretion.
At the time of refusal to make the pick-up, Contractor shall issue, at its expense,a hand delivered
written notice to the complex manager or his representative which details the problem and also
contains instructions for the proper segregation of Recyclable Materials. Contractor shall also
inform County by 5:00 PM of the working day of the refusal to collect. Said notification of County
by Contractor shall include the details of each non-collected container. County will then contact the
apartment manager and/or residents to rectify the problem. County and the apartment manager
shall be responsible for removal of contaminated materials that exceed the five-item standard. If
removal of contaminants by County or the apartment manager makes the remaining materials
collectable, County may request that Contractor return to the site during the same week as the
violation is corrected to collect the properly sorted materials at no extra charge.
If the materials are too contaminated to sort out,the apartment complex and County shall be
responsible for disposing of the materials and returning the empty container to the site. Contractor
may, with permission from County at each incident, collect the contaminated loads for disposal with
its other mixed wastes. Charges for disposal of these loads by Contractor shall be$15 per cart when
carts are located at the Town of Chapel Hill Public Works yard and$30 per cart for each cart
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dumped when located at the apartment recycling site. These charges may be added to the bill for
services submitted by Contractor to County.
If a manager of a complex receives four contamination notices within a period of thirty (30) days,
Contractor may refuse all further pick-ups from that site upon notice to the complex and County.
Contractor may then remove the containers and suspend the recycling service. If service is
suspended Contractor will: (1)Notify County's contact or his designee,the Multifamily Program
manager for County; (2)pick up the container(s); (3)notify the complex manager or complex
manager's representative of container removal (if there is an on-site manager); (4)work with the
County to determine a possible new location for containers.
Contractor may refuse to pick up if access to the containers is blocked. In that case,the driver may
either remove the item(s)blocking the container, inform the site manager and/or County
representative and request removal of the item(s), or return to the site later in the same week to
collect. Contractor must report all non-collections and the reason for non-collection, including
those missed due to blocked containers,to County by 5:00 PM of the working day during which the
collection was scheduled to happen. Failure to report non-collection due to the inability to access
the containers may result in penalties of$25.00 per occurrence. Any resultant penalties may be
deducted from the cost of service for this contract for the month, or any subsequent month,in which
the failure to report took place.
SECTION 13
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 Contractor to make
equipment modifications, shall be negotiated between the Contractor and County.
SECTION 14
Public Awareness Program
County shall develop and implement a Multifamily Complex 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 for recycling. Drivers and collectors are to understand, at
least in a generic manner,how the recyclable materials are processed. Contractor's driver shall
inform County of site that is experiencing contamination or that presents other collection problems
so that County may conduct further education at that site.
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Contractor's collection crews shall maintain a supply of recycling brochures furnished by County
for residents of each participating complex. Contractor may distribute brochures as needed to
individual residents or complexes.
SECTION 15
Compensation for Services
County agrees to make monthly payments to Waste Industries within thirty (30)days of receipt by
County Representative of an accurate invoice and collection data from July 1, 2001 through
December 31,2002 at the rates agreed on in Section 3 of this agreement. Payment for services
performed after June 30, 2002 is subject to approval of annual Solid Waste budget by Orange
County Board of Commissioners.
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 the requested and necessary corollary services required as part
of this contract,payment on up to two months of invoices may be withheld until such services are
provided. Corollary services may include:
Repairs or replacement of County or Towns' property,or private property on the
multifamily routes due to damage caused by Contractor as part of the recycling operation.
Any repairs or replacement must be complete within thirty days of damage.
Removal within 24 hours notification of improperly placed roll-off containers when
requested from temporary storage areas on County or Town of Chapel Hill property.
In the event of severe weather or other event that necessitates the temporary cancellation of
recycling services, County may negotiate with Contractor and receive a reduction in cost of services
for services that 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 16
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.
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Contractor may provide locking containers with a small access flap on the top of the container for
metal can recycling. The lock would be primarily to prevent theft of aluminum. If containers are
locked, County may require Contractor to provide keys to each apartment manager. Managers shall
notify residents that the residents may have access to the bin key in order to place large numbers of
cans directly into the container.
SECTION 17
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 18
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
point 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 19
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.
SECTION 20
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.
12
SECTION 21
Safe
Contractor certifies that it has appropriate safety policies in effect, and that Contractor takes 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 22
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) Comprehensive General Liability
Bodily Injury - $1,000,000 each occurrence
- $1,000,000 aggregate
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 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 requirement as the general contractor. If the Contractor does not meet the insurance
requirements ,alternate insurance coverage satisfactory to County may be considered.
13
SECTION 23
Indemnity
Contractor agrees to defend, indemnify, and hold hannless 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 and to the extent of insurance policies owned
by County,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 24
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 Contract, County shall
notify Contractor in writing of the nature of such default. Within fifteen(15)days following
such notice:
i. Contractor shall correct the default; or
ii. 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.
b) If Contractor fails to correct the default as provided above, County,without further notice, shall
have all of the following rights and remedies which County may exercise singly or in
combination:
i. The right to declare that this Agreement together with all rights granted Contractor
hereunder are terminated,effective upon such date as County shall designate;
ii. The right to license others to perform the services otherwise to be performed by Contractor,
or to perform such services itself, and
iii. 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.
c) The following may be considered causes for possible termination of the contract:
i. 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.
ii. 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.
14
iii. Continued high level of unsatisfactorily resolved substantive customer complaints about
recycling collection. As detennined by County, a high level of unsatisfactorily resolved
complaints shall be greater than five(5)unsatisfactorily resolved complaints in one
calendar month for three consecutive calendar months. Unsatisfactorily resolved
complaints shall not include complaints about missed pickups where County or Contractor
can demonstrate that either: 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, or the overflow problem was caused by site overuse between regularly
scheduled collections rather than missed collection.
SECTION 25
Records and Reports
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 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;
ii. Summaries of the tonnages of all materials sold,by type;
iii. Recyclable Material sales price;
iv. Resident participation rates in terms of weekly amount in bins at each collection site in each
of the complexes; 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:
15
i. A collated summary of the gross costs and revenue information contained in the monthly
reports, and also summarize the participation rates and recovered materials tonnages;
ii. A discussion of public awareness activities and their impact on participation and recovered
volumes;
iii. A discussion of highlights and problems and measures taken to resolve problems and
increase efficiency and household participation; and
iv. Summary of complaint calls by number and type.
v. Paper and Electronic Annual summary of tonnage collected by site.
SECTION 26
Force Majeure
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 Waste Industries 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;
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 27
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 28
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 29
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.
16
SECTION 30
Amendment
This Agreement may be modified or amended only by a written agreement duly executed by the
parties hereto or their representatives.
SECTION 31
Cooperation Among the Parties
Whenever consent, action or inaction is required, such consent, action or inaction will not
unreasonably withheld by either party.
SECTION 32
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 33
Successors and Assigns
This Agreement shall be binding upon the parties hereto,their successors and assigns.
SECTION 34
Entire
This Agreement and any Attachments and any Exhibits(RFP exhibit A,previously attached and
incorporated here by reference, Contractor's Proposal exhibit B (previously attached and
incorporated here by reference), Questions and Answers from pre proposal conference exhibit C
(previously attached and incorporated here by reference), and Memo to Contractor, exhibit
D)(previously attached and incorporated here by reference)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.
17
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
71 5
r
U
COUNTY: k ATT T:
Stephen H. Ha kiotis Chair Beverly rlythe, Clerk o the Board
r
CONTRACTOR: WITN S:
Signature ign re
Printed Name and Title Printe 'ame an itle
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
finance Director
18
STATE OF NORTH CAROLINA
ORANGE COUNTY
1, a Notary Public for said County and State, do hereby
certify that o9evenly 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
Stephen 14. Halkiotis, Chair, sealed with its official seal, and attested by herself as its Clerk.
WITNESS my hand and official seal,this the day of-4&1 2001.
Notary Py lie
-
My Commission expires:
STATE OF
COUNTY OF
1,bz;T ( 4K L- a Notary Public, do hereby certify that
, eCr- 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 C /e-,&,11- 20Q
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