HomeMy WebLinkAboutAgenda 06-18-19 Item 8-o - Approval of Contract for the Collection, Processing and Disposal of Household Hazardous Waste
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 18, 2019
Action Agenda
Item No. 8-o
SUBJECT: Approval of Contract for the Collection, Processing and Disposal of Household
Hazardous Waste
DEPARTMENT: Solid Waste Management
ATTACHMENT(S):
Contract
INFORMATION CONTACT:
Robert Williams, 919-918-4904
PURPOSE: To approve a five-year contract with Tradebe Environmental Services, LLC for the
Collection, Processing and Disposal of Household Hazardous Wastes.
BACKGROUND: Orange County issued a Request for Proposals (RFP) on October 1, 2018 for
Household Hazardous Waste, Used Motor Oil, Used Oil Filters, Waste Antifreeze Collection and
Disposal Services. Four responsive proposals were received. Upon evaluation of the proposals
and the escalating costs for the staffing of the Household Hazardous Waste (“HHW”) facilities at
the Eubanks and Walnut Grove Waste and Recycling Centers, the Department began the
process of certifying Solid Waste Convenient Center Operators to staff the HHW facilities. This
resulted in a reduction in labor costs provided by the responders to the RFP.
To date, nine (9) Solid Waste employees have received 40 hour HazWoper training and are now
certified to operate the County’s HHW facilities. The proposed contract with the selected vendor
provides for Solid Waste staff to perform the majority of the collection activities with oversight
being provided by the contracted vendor. The contract provides for the processing and disposal
of HHW by the vendor in addition to some onsite support by the vendor to Orange County
Center Operators collecting HHW for processing and disposal.
FINANCIAL IMPACT: The estimated cost of the contract for FY2019-20 is $350,000, is not
expected to exceed $1,600,000 over five years. This includes a cost savings of approximately
$174,000 in annual contractual labor costs as a result of Orange County staff becoming
HAZWOPer certified and providing the majority of the collection services at the Walnut Grove
and Eubanks Waste and Recycling Centers.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
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• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
Orange County seeks to create, preserve, and protect a natural environment that includes clean
water, clean air, wildlife, important natural lands, and sustainable energy for present and future
generations.
RECOMMENDATION(S): The Manager recommends that the Board approve the Contract and
authorize the Manager to sign.
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Revised 12/18 1
[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
SERVICES AGREEMENT OVER $90,000.00
RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this day
of June, 2019, (“Effective Date”) by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Tradebe
Environmental Services, LLC, (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Services Agreement (“Agreement”) is for professional services to be
rendered by Provider to County with respect to (insert type of project): Collection,
Recycling and Disposal of Household Hazardous Waste, Used Motor Oil, Used
Oil Filters, and Waste Antifreeze.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
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with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services.
i) The Provider shall perform as Basic Services the work and services described
herein and as specified in the County’s Request for Proposals or Request for
Qualifications (the “RFP”) “RFP Number 5255 for “Household Hazardous Waste,
Used Motor Oil, Used Oil Filters, Waste Antifreeze Collection and Disposal
Services” issued October 1, 2018, and the Provider’s proposal, which are fully
incorporated and integrated herein by reference together with Attachments 1
(designate all attachments). Provider’s “Orange County NC HHW reduced labor
service options” described in Attachment 1 may be reduced by County as described
in the RFP. In the event a term or condition in any document or attachment conflicts
with a term or condition of this Agreement the term or condition in this Agreement
shall control. Should such conflict arise the priority of documents shall be as
follows: This Agreement, the County’s RFP together with attachments, Provider’s
Proposal together with attachments.
ii) The Basic Services will be performed by the Provider in accordance with the
following schedule: (Insert task list and milestone dates)
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Task Milestone Date
1. Collect HHW per RFP Weekly and as Needed
2. Collect Used Antifreeze Per RFP
3. Collect Used Motor Oil Per RFP
4. Collect Waste Antifreeze Per RFP
5. Site Supervision of HHW As set forth In Attachment 1
6. Staffing of HHW As set forth in Attachment 1
7. Train Orange County Staff As set forth in Attachment 1
8.
9.
10.
iii) Should County reasonably determine that Provider has not met the Milestone
Dates established in Section 3(a)(ii), County shall notify Provider of the failure to
meet the Milestone Date. The County, at its discretion may provide the Provider
seven (7) days to cure the breach. Provider shall not be deemed in default of its
obligation to meet any milestone date if and so long as it is prevented from such
obligation by any act of war, hostile foreign action, nuclear explosion, riot, civil
insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or
act of God. County may withhold the accompanying payment without penalty
until such time as Provider cures the breach, however, County shall not withhold
any undisputed portion of any payment due in accordance with the payment terms
set forth in this Agreement. In the alternative, upon Provider’s failure to meet any
Milestone Date the County may modify the Milestone Date schedule. Should
Provider or its representatives fail to cure the breach within seven (7) days, or fail
to reasonably agree to such modified schedule, County may immediately
terminate this Agreement in writing, without penalty or incurring further
obligation to Provider. In the event of such termination, County shall compensate
Provider consistent with Section 10(c)(i) of this Agreement. This section shall
not be interpreted to limit the definition of breach to the failure to meet Milestone
Dates.
4. Duration of Services
a. Term. The term of this Agreement shall be from July 1, 2019 to June 30, 2024.
b. Scheduling of Services
i) The Provider shall schedule and perform its activities in a timely manner so as to
meet the Milestone Dates listed in Section 3.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2019.
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5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services is One Million Six Hundred Thousand
Dollars ($1,600,000). In the event the amount stated on an invoice is disputed by the
County, the County may withhold payment the amount stated on an invoice which
relates to the matter in dispute until the parties resolve the dispute. Payment for Basic
Services shall become due and payable in direct proportion to satisfactory services
performed and work accomplished. Payments will be made as percentages of the whole
as Project milestones as set out in Section 3(a)(ii) are achieved. (For example, if there
are 10 Project Tasks with Milestone Dates then Provider may invoice for the first 10%
of the whole upon County’s acknowledgement of the satisfactory completion of Task one.
Upon the County’s acknowledgement that the second Task has been satisfactorily
completed Provider may invoice for the next 10% of the whole.)
b. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Robert Williams) to act as
the County's representative with respect to the Project and shall have the authority to
render decisions within guidelines established by the County Manager and/or the County
Board of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any
additional insurance as may be required by County’s Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) If
County’s Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of (if no additional insurance required mark
N/A as being not applicable). Provider shall not commence work until such insurance is
in effect and certification thereof has been received by the County's Risk Manager.
8. Indemnity
a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold
harmless the County from all loss, liability, claims or expense, including attorney's fees,
arising out of or related to the Project and arising from property damage or bodily injury
including death to any person or persons caused in whole or in part by the negligence or
misconduct of the Provider except to the extent same are caused by the negligence or
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willful misconduct of the County. It is the intent of this provision to require the Provider
to indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience. This Agreement may be terminated without cause by the
County and for its convenience upon seven (7) days prior written notice to the Provider.
This Agreement may be terminated without cause by the Provider for its convenience
upon one hundred twenty (120) days prior written notice to the County.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County’s convenience and without penalty to County upon five (5) days’ notice to
Provider. Upon any suspension by County, Provider shall discontinue the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
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County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Compliance with Laws. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited
to all state and federal anti-discrimination laws, policies, rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy
(each policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any
violation of this requirement is a breach of this Agreement and County may immediately
terminate this Agreement without further obligation on the part of the County. This
paragraph is not intended to limit and does not limit the definition of breach to
discrimination. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of a suit or action.
e. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider’s performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
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things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County’s obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County’s statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County’s legal authority.
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11A and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider’s Name & Address
Attention: Solid Waste Director Tradebe Environmental Services, LLC
P.O. Box 8181 1433 E 83rd Ave.
Hillsborough, NC 27278 Merrillville, IN 46410
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder
set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: _________________________________
County Manager
By: __________________________________
Printed Name and Title
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Tradebe Treatment and Recycling, LLC
1433 E 83rd Avenue
Merrillville, IN 46410
(800) 388-7242
1
Sustainability at Work
March 20, 2019
Bruce Woody
Assistant Director
Orange County Solid Waste Department
Orange County North Carolina
200 South Cameron Street
Hillsborough, NC 27278
RE: Household Hazardous Waste, Used Motor Oil, Used Oil Filters, Waste Antifreeze Collection and
Disposal Services
Dear Mr. Woody:
Tradebe Environmental Services, LLC (Tradebe) is pleased to submit this proposal for training onsite staff
to provide Household Hazardous Waste Collection, Recycling, and Disposal for Orange County. Based on
our call of March 13, 2019, Tradebe is providing the below option for reduced contractor labor and training
of Orange County staff.
Orange County NC HHW reduced labor service options
Tradebe is proposing to provide a Site Supervisor for a total of 20 hours per week. Tradebe’s Site
Supervisor would handle the creation of all shipping papers, waste shipment scheduling, conduct
inspections of both permanent sites, provide reporting, order and stock packaging supplies for each
location.
Tradebe’s Supervisor will conduct weekly inspections of the Eubanks facility and the Walnut Grove site.
Pickups are anticipated to be every Tuesday at the Eubanks site and every other Thursday at the Walnut
Grove site. A Field Chemist with a Straight Truck will arrive on shipping days and assist with bulking and
packaging of waste as well as the labeling and loading of containers. The supervisor will also act as a
resource for any questions regarding segregation of materials, proper handling, and storage of materials.
Offloading of vehicles, packaging of waste base on Tradebe’s packaging guidelines, placement into the
storage locations and consolidation of latex paint will be conducted by Orange County Staff.
Tradebe’s staff will package higher hazardous materials such as oxidizers and reactive materials.
Training and Phase in of Orange County Staff
Tradebe understands that Orange County will provide their staff 40 hour Hazwopper Training through
another vendor prior to Tradebe’s specific onsite training.
Class room and hands on training sessions will be conducted onsite by Tradebe’s Training Manager for
each location.
Tradebe would provide training classes for all Orange County staff invol ved in waste collection regarding
the proper segregation and storage of materials collected. Tradebe is proposing to have 4 classroom
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Tradebe Treatment and Recycling, LLC
1433 E 83rd Avenue
Merrillville, IN 46410
(800) 388-7242
2
Sustainability at Work
training session over a one-week period to accommodate Orange County Employees. Classroom training
would be for 8 hours and be held on two separate days for each location to accommodate staff working
weekends.
A reference booklet will be provided to all staff that attend the training regarding proper segregation,
packaging and storage of Hazardous Materials and Household Hazardous Waste.
During the phase in/Training period Tradebe will provide both the Supervisor full time and Field Chemists
to cover the collection times and locations that will be handled by Orange County staff after phase in
The Site Supervisor will be available to handle questions that arise via telephone or in person though out
the week for both locations both during phase in and throughout the contract period. The Site Supervisor
will also provide a report with any findings from their inspection to the County’s designated Point of
Contact.
The required annual 8-hour refresher training is available online via Tradebe’s website if the County
would desire to utilize that option.
The entire Phase in process is estimated to take no more than two weeks after the transition from your
current vendor. Tradebe will staff both locations 59 hours per week during the transition period. After the
two-week period Tradebe will maintain the full Time Supervisor onsite with any additional help needed for
additional training, coaching or support until you are confident Orange County Staff understand their roll.
Orange County NC HHW Labor and Training Pricing
Onsite labor Unit Price UOM QTY Weekly
Supervisor $55.00 Hour 20 $1,100.00
Field Chemist $55.00 Hour 4 $220.00
Formal Training Unit Price UOM QTY Total
Labor $971.00 Per day 4 $3,884.00
Travel $1,886.00 Trip 1 $1,886.00
Training Guide $21.00 Each 16 $336.00
Materials $93.00 Day 4 $372.00
OSHA 8 hour Refresher $99.00 Per person
Tradebe will maintain the same disposal pricing as originally submitted. This pricing is based on material
being packaged as initially planned.
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Tradebe Treatment and Recycling, LLC
1433 E 83rd Avenue
Merrillville, IN 46410
(800) 388-7242
3
Sustainability at Work
Please let me know if this proposal will meet your needs or if you would like to discuss alternatives
Sincerely,
David Holmgreen
Director of Contracts and Outsourcing
Phone: (219) 354-2435
Fax: (219) 769-6019
Email: david.holmgreen@tradebe.com
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