Loading...
HomeMy WebLinkAbout2001 S Solid Waste - Orange Recycling Services Inc for Renewal of Governmental Buildings Recycling Program Contract State of North Carolina Agreement for The County of Orange Recycling Services IN-HOUSE RECYCLING CONTRACT This agreement, entered into this 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 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 are commonly considered recyclable and are listed below in Section A, subsection 3. 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 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 1 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 generally accepted safe operating 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. 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; 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. 2 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 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 3 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 be 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. 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 4 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 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$170.00 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 5 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 The term of this contract is for one (1) year: July 1, 2001 through June 30, 2002. The County may, due to the desire to begin performing the services within this contract itself, initiate early termination of this contract. This contract may be terminated for just reason by either party on 60 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 Mr. Gayle Wilson Orange Recycling Services Orange County 1109 East Peabody St. Solid Waste Management Durham,NC 27701 PO Box 17177 Chapel Hill,NC 27516-7177 6 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and I year first above written. COUNTY: ATTES BY: Stephen H. Halkiotis Chair Bever y A. the, Clerk toAfie Board CONTRACTOR: WITNESS: signature ignatu e A . Ky—A"a.,A SL3 Gar Z PW printed name printed name This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director 7 STATE OF NORTH CAROLINA ORANGE COUNTY I, i/ , a Notary Public for said County and State, do hereby certify tha everly 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 H. Halkiotis, Chair, sealed with its official seal, and attested by herself as its Clerk. WITNESS my hand and official seal, this the 4_day of 2001. r Notary Pifflic My Commission expires: STATE OF V C&A . COUNTY OF I, , a Notary Public, do hereby certify that personally appeared before me this day and acknowledged the due e ecution e foregoing Agreement. WITNESS my hand and official seal,this the a�gday of A 2001. 0P4QFj- up�� , Notary Public V VU '' II My Commission expires: 8 m 0 = v m ? ? n C) O (L co U N❑ ❑ L y O N a m N U ° > m > y n n a o d Q d W U U d O a U) c c O w 6 E o d o m ° 2 g a 0 0 ? �_� � QmU ❑ d a) = m e J C ❑ N Co a d m cep d' N N C C tm C C � L C y C d N N c0 > O O ~O 'C 'O V > C O Y m 0 W � O � � ❑ r � r W Q°. � m CO m CO � d � � 'o � � N N u) L w c o m a ° n w L 3 3 m g oo d E Z () ui (L < � Z � (AZU Cl) UW W � 2 � M. O O r O O 00 O m co c0 O M) N i U 0 0 N t0 O N O O O O O Q M .- m t2 N W � M � N �' v ° U 5 CO o y N M M c0 N O) p) N O N _m N X X X K x # cn n n O co v r O O M O v O w O r O r N N 0) co 00 c0 c0 c0 n O O c0 n O) 00 00 O O M Cl) d M M c, co r r r c0 r h O r Cl) Cl) M M O co O C r N N N N N N N N N N er N M L c0 00 W M CO CO 00 00 00 c0 00 00 00 Cl) M M Cl) M r) 0) L0) m O) mmmm mmmmmm O) O) Q) mm Nm a) d d 7 N co CO _� > d Cl) c0 4) N m d M 00 L m _N N m M 06 N Q d C N M m c0 O O E m c T d a N O U U CD x EU Q O C O 0 N N v m d w 4m) d y w U m C E aN 2 d U c c E Z YU O m O E N m m U im U d R' 5 d N CO c V c � � � � = N , N Z U c c c C m t0 d U L p O` p 'C C L t Z d o m o m N o E o U U d 0) L) m d 3 c U ❑ n dJF- mU H � U) F ln ❑ Y2Y F- C7 E E o c U d d 7 O) T N Y N N N N N N N N N N N N N N N N N c N C d Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y O o 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 d w M M sT M •t V' N M N N M M M M N �f �t N M M � CD ww0w 00w w zww 0 d — d d d d d d d d d d d d d d d d d d d d d m o > > > > > > > > > > > > > > > > > > > > > m U d d d d d d d d d d d d d d d d d d d d (D C m E N c 'a e- M co — r- .- w c0 CO — — — — — — C G N p C M V O m U U d O J m (U U 0 E m CL c N d a>i v ` .S 'Or- =� d Q) ° — C A R m0 N m U d T �_ d -01 U C r- 0 0 C C ° (D u E c0 ❑ O 0) N Q aad, a E m 6 Ug mU0 u3 c m C LL U d d E Q U) 4, m U ❑ ;' j U E U c rnrnrnrn � ❑ a oD.W 2 d >, > E c 2 _ m O >, M . m v a a a � m >, E N m G c m p 10 m a o — `g o 2 > > > > L 2L.. L... c °- E m o c c m CO CO m m U c dF°- U ° c_ c m (n � �i2 aci y :° r- r- o d Z2 V (D 2 E O o E N V Y V U U C C cn d y y U U U y d E 7 y Z `o 0 o o m m o > > o � `-° � � � cm 0) cm = d Y a - U = IL a- a- Q- 0- 0 o,U U m m m N r Q so iAUU UUUUUUUUU (OD SO OOOOc4cnin 2D % U) � � $ a § � 7 c E k � W k m a J p f p t f p t t 0 S S S S S v v S CO) # 04 C*4 C C\l n _ ± & u E 2 _0 t ' m Cc 0 0 U)cm k k CL k tm 7 / 7 � \ m / E $ % k \ / f § v _ @ & 0 $ 2 § 2 / CL C9 m >1 a ) \ a a) � 2 2 2 Q E \ 7 $ k 2 / \ 7 \ \ � ' 2 ± « 2 ^ Co m — > o � � _ _ / E e c 5 E a § m @ = f § § § u g o . _ _ = E R 0) Co m . a ' = e Mt E _ Ee = �_ o (D — « ( k 2 2 $ » § 6 : 7 2 7 § c b R / b ¥ o $ \ $ o -0 ƒ 7 / £ o E E _ $ ° $ % 2 c k - 2 7 k c ƒ 7 q \ / / 2 7 a = © o c o � o m o = _ CU W) C n . . u o m cq o 0 0 a) o ° 0 2 ° ° ° m @ — o = n n � : 2 g LO v / c g § � # m 7E e e co \ b $ / U) \ f u C ' E a) 2 5 % / / k E E $ f 7 ƒ / k I j a / E / 2 \ ƒ 2 ƒ ƒ ƒ 2 > § 0 M 0 b 5 � t a I I § c o U .- ± » c c m c m a e £ k � d \ . \ \ LL k \ \ f /