2005 S Solid Waste - Waste Industries, LLC. of Durham RFP Award: Urban Curbside Recycling Services Contract

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For each quarter ending March 31, June 30, September 30, and December 31, Contractor shall submit verifiable copies of fuel invoices. The Actual Per Gallon Fuel Cost of diesel fuel as paid by Contractor shall be determined by computing a straight line average from the invoices for the quarter in question (total: cost of diesel fuel /total gallons of fuel purchased), and as calculated must be agreed upon by County and Contractor. If and only if the Actual Per Gallon Fuel Cost for any quarter is either more than one hundred ten percent (110%) or less than ninety percent (90%) of the Base Line Fuel Cost for that year, then a Fuel Cost Adjustment shall be made. If the Actual Per Gallon Fuel Cost is neither less than 90% nor more than 110% of the Base Line Fuel Cost, then no Fuel Cost Adjustment shall be made for that quarter. Fuel Cost Adjustments shall be made as follows: If the Actual Per Gallon Fuel Cost is less than. 90% of the Base Line Fuel Cost, the difference between the Base Line Fuel Cost and the Actual Per Gallon Fuel Cost shall be multiplied by the Base Line .Fuel Usage and then multiplied by three (3) months. The resultant dollar amount shall be considered the Fuel Cost Adjustment and shown as an itemized credit on the invoice for service and shall be deducted by County when it pays the invoice. If the Actual Per Gallon Fuel Cost is more than 110% of the Base Line Fuel Cost, the difference between the Base Line Fuel Cost and the Actual Per Gallon Fuel Cost shall be multiplied by the Base Line Fuel Usage and then multiplied by three (3) months. The resultant dollar amount. shall be considered the Fuel Cost Adjustment and shown as an itemized additional charge on the invoice for service, and shall be paid by County as stipulated in .Section 16, Compensation for Services. SECTION 5 Scope of Services County's Request for Statements of Qualification (RFQ); and Request For Proposal (RFP) number 5112, and any associated Addendum, as well as Contractor's Statement of Qualification and Proposal dated April 14, 2005, are incorporated herein by reference. Any conflict between the terms of .this Contract and the terms of any of the RFQ, the RFP or the April 14, 2005 Proposal will be governed by the terms of this Contract. Contractor shall perform Recycling Collection Services as follows: Contractor shall collect and remove for marketing or reuse all properly prepared Recyclable Materials which are placed in or adjacent to approved Recycling Bins at the curb, roadside (in the case when there is no curb), or other agreed upon location in the case of Handicap /Disabled collection (for further details about proper preparation of Recyclable Materials, see Section 13 of this Contract). Contractor may use whatever collection style deemed beneficial when collecting Recyclable Materials to the extent that newspaper, magazines, and telephone books must be sorted from the Containers at. the curb, and must be transported to the processor in a separate compartment of the collection vehicle. Contractor may not utilize "Single-Stream" style collection. 6