HomeMy WebLinkAbout2023-159-E-Solid Waste-WM Recycle America-Recycling processing and MSW diposalRevised 06/21
NORTH CAROLINA
CONTRACT AMENDMENT
ORANGE COUNTY
THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into effective the _1st_ day of _July____,
2023_ by and between ORANGE COUNTY (hereinafter referred to as “County”) and WM Recycle America, L.L.C.,
and Waste Management of Carolinas, Inc. (hereinafter referred to as “Provider”).
WITNESSETH:
THAT WHEREAS, the County and Provider entered into a contract dated July 1, 2021, (hereinafter the “Original
Agreement”), for the provision of services for processing recycling and trash disposal; and
WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to
amend the Original Agreement as follows:
1. The County and Provider hereby agree to extend the term of the Original Agreement through June 30, 2025.
2. Attachment A, Exhibit R1 to the Original Agreement is amended by deleting the paragraph entitled
“Charges” and replacing it with the following:
CHARGES
In the event single stream recyclables contain more than the allowable Non-Recyclables and Provider
chooses to process such Recyclables in accordance with Attachment A, Provider shall charge and County
shall pay an Excess Contamination Fee for the percentage above the allowable Non -Recyclables. The initial
Excess Contamination Fee is one hundred fifty five dollars and 25/100 ($155.25) per ton. All other
recyclables shall be subject to rejection and/or additional charges in accordance with Attachment A. The
Provider has the right to adjust the Processing Fee and Excess Contamination Fee in accordance wi th
increases in the applicable CPI as calculated below on the anniversary of the Effective Date (“Anniversary
Date”) provided, however Provider waives any CPI adjustment to the Processing Fee and Excess
Contamination Fee for the period of July 1, 2023 through June 30, 2024. Such CPI adjustments shall be
effective on such Anniversary Date and shall be recalculated and effective each Anniversary Date thereafter,
provided, however, Provider hereby waives any CPI adjustment for the period of July 1, 2023 through June
30, 2024.
The increases to the fees shall be based on the percentage increase in the CPI for the twelve (12) month
period ending one month prior to the Anniversary Date. “CPI” means the Consumer Price Index-All Urban
Consumers (CPI-U), Water, Sewer, and Trash Collection (WST), (Not Seasonally Adjusted, 12-month rolling
average) as published by the United States Department of Labor, Bureau of Labor Statistics (1982 -
1984=100). In the event this CPI is no longer viable or no longer reflective of consumer prices in County’s
geographic region, another consumer pricing index or method of adjustment may be used as a replacement
for the CPI, subject to the mutual agreement of the parties. Failure by Provider to submit such CPI price
adjustment shall not preclude the retroactive implementation of such adjustment as of the Anniversary Date.
Notwithstanding the foregoing, no annual increase shall exceed 3.5%.
DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 06/21
3. Attachment B to the Original Agreement is amended by deleting Paragraph 4 and replacing it with the
following:
Waste Rates. The Contractor shall accept for disposal at Contractor's Raleigh Transfer Station (the
"Facility"), all County Solid Waste delivered to the Facility by the County pursuant to this Agreement at the
rate of $57.43/per ton, provided the County delivers to Contractor’s Raleigh Transfer Station at least fifty
percent (50%) of all County Solid Waste as defined herein. Compliance with this volume commitment shall
be determined monthly. For each month that the County fails to deliver the required volume to the Transfer
Station, the rate charged to the County shall revert retroactively to the posted gate rate at the Transfer Station
for the month in question. The County shall provide Contractor with monthly volume reports showing the
total volume of County Solid Waste disposed of during each month.
The Compensation payable by the County to Contractor shall be adjusted annually during the term of the
Agreement to reflect changes in the cost of living. Effective July 1, 2024 and each July 1 thereafter,
Contractor’s compensation shall be adjusted by the same percentage as the Consumer Price Index for Water,
Sewer, and Trash CPI, Not Seasonally Adjusted, All Areas, (WST CPI) (published by the Bureau of Labor
Statistics, U.S. Department of Labor ("C.P.I.")) shall have increased or decreased during the preceding
twelve months; provided, however, no single annual adjustment shall exceed three and one-half percent
(3.5%). In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to pu blish the C.P.I., the
parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of
the U.S. dollar as may be then available so as to carry out the intent of this provision.
4. Section 5 of the Original Agreement is amended to reflect a maximum payable not-to-exceed amount of Four
Million Seven Hundred Thousand Dollars ($4,700,000); Two Million Four Hundred Fifty Thousand Dollars
($2,450,000) for recycling processing and Two Million Two Hundred and Fifty Thousa nd Dollars
($2,250,000) for municipal solid waste disposal.
5. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent
it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original
Agreement and the terms of this Amendment, this Amendment shall control.
IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above
written.
ORANGE COUNTY WASTE MANAGEMENT OF CAROLINAS, INC.
______________________________ __________________________________
Bonnie Hammersley Name: _Michael Holbrook________
County Manager Title: __Director of Public Sector__________
WM RECYCLE AMERICA, L.L.C.
__________________________________
Name:__Michael Holbrook___________
Title:___Director of Public Sector__________
DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Area Public Sector Director
Area Public Sector Director
Revised 06/21
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: WM Recycle America, L.L.C. and Waste Management Carolinas Party/Vendor Contact Person:
Joy Jones Contact Phone: 910) 297-2502 Party/Vendor Address: See Contract- two addresses City Charlotte and Houston
State: NC and Texas Zip: Department: Solid Waste Amount: 4,700,000 ($2,450,00 for recycling processing over
the 4 years and $2,250,000 for municipal solid waste disposal over the 4 yrs. Purpose: Recycling Processing and MSW
disposal Budget Code(s): 50352020-682005 ($2450,000) 50352030-682000 Vendor # (N/A if new vendor)
Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment
Effective Date July 1, 2023 Approved by Board Yes No Agenda Date: June 15, 2021 --- For Section XIV. c.
contracts only, Approved by Board in Current FY Budget Yes No
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this
project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that was
addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved
as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
4/11/2023
4/12/2023
4/13/2023
Revised 06/21
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
NORTH CAROLINA [Departmental Use Only]
ORANGE COUNTY TITLE
FY
SERVICES AGREEMENT RFP/RFQ
This Services Agreement (hereinafter “Agreement”), made and entered into this 1st day of
July, 2021, (“Effective Date”) by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and WM Recycle America,
L.L.C., and Waste Management of Carolinas, Inc. (hereinafter each a "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 services to be rendered by
Provider to County with respect to processing recycling and trash disposal.
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 generally accepted industry standards.
b. Standard of Care.
The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with generally accepted standards of this type
of Provider practice throughout the United States and in accordance with applicable
federal, state and local laws and regulations applicable to the performance of these
services. Provider is solely responsible for the quality, accuracy and timely
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
completion and submission of all work related to the Basic Services.
i) 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.
ii) 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.
iii) 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.
iv) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it 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.
v) Should this Agreement involve project designs, the construction or creation of
which is to be bid out or fulfilled by other contractors, and bidding or negotiation
with contractors produce prices which, when added to the other elements of the
approved total project cost, produce a cost that is in excess of the approved total
project cost, the Provider shall participate with the County in negotiation and
design adjustments to the extent such are necessary to obtain prices within the
approved total project cost. All activity of the Provider with respect to these
matters shall constitute Basic Services and shall be performed by the Provider
without additional compensation. If negotiation and design adjustments fail to
bring costs within the total project cost the County may reject all bids and
Provider will redesign or reduce portions of the project in an effort to reduce the
bid prices to within the total project cost and rebid the project. One such redesign
is included within Basic Services. If this second letting for bids does not produce
bids that are within the approved total project cost initially or after negotiations
with the contractor the cost is not reduced to an amount within the total project
cost, the Provider is not obligated to engage in further redesign.
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 367-OC5310 for “Recycling
Processor” issued March 3, 2021, and the Provider’s proposal, which are fully
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
incorporated and integrated herein by reference together with Attachments A, B
and C to this Agreement (designate all attachments). In the event a term or
condition in any referenced 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 Attachments, the County’s RFP together with attachments and
addendums, the Provider’s Proposal together with attachments.
ii) The Basic Services will be performed by the Provider in accordance with the
following schedule: (Insert milestones task list, dates and fees. If milestones are
not established mark N/A under Milestone Task 1.)
Milestone Task Milestone Date Milestone Fee
1. N/A
2.
3.
4.
5.
6.
7.
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. County may withhold the accompanying payment
without penalty until such time as Provider cures the breach. 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. 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, 2021 to June 30, 2023.
b. Scheduling of Services
i) The Provider shall schedule and perform its activities in a timely manner.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
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, 2021.
.
5) Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall
include all compensation due the Provider from the County for all services
satisfactorily (as determined by the County) performed pursuant to this
Agreement. The maximum amount payable for Basic Services is Two
Million Three Hundred and Fifty Thousand Dollars ($2,350,000); One
Million Two Hundred Twenty-Five Thousand Dollars ($1,225,000) for
recycling processing and One Million One Hundred and Twenty Five
Thousand Dollars ($1,125,000) for municipal solid waste disposal. In the
event Provider has submitted invoices for 90% of the maximum amount, the
parties will work to execute an amendment to the contract to increase the
maximum amount. Provider shall not be required to continue to perform
services unless such an amendment is executed. In the event the amount
stated on an invoice is disputed by the County, the County may withhold
payment of all or a portion of the amount stated on an invoice 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.
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
who shall have the authority to render decisions within guidelines established
by the County Manager or the County Board of Commissioners and who
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
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
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.ph
p.) Provider shall not commence work until such insurance is in effect and
certification thereof has been received by the County's Risk Manager. The
County acknowledges that attached Certificates of Insurance have been
approved by the County’s Risk Manager and comply with the terms and
conditions of this Agreement.
8) Indemnity
a. Indemnity. To the extent authorized by North Carolina law 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 to the extent caused by
the negligence or misconduct of the Provider except to the extent same are
caused by the negligence or 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 basic services constitute the scope of this Agreement.
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 of the County. This Agreement may be
terminated without cause by either party and for such party’s convenience
upon ninety (90) days prior written notice to the other.
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. Force Majeure. Except for the obligation to make payments hereunder,
neither party shall be in default for its failure to perform or delay in
performance caused by events or significant threats of events beyond its
reasonable control, whether or not foreseeable, including, but not limited to,
strikes, labor trouble, riots, imposition of laws or governmental orders, fires,
acts of war or terrorism, acts of God, and the inability to obtain equipment,
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
and the affected party shall be excused from performance during the
occurrence of such events. Both parties shall remain responsible for all
payment and performance due up to the receipt of such notice, but shall have
no further obligation or responsibility beyond that date provided the
terminating party has taken all reasonable steps to complete the performance
of its obligations.
d. 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. Upon request of the County,
the Provider shall submit to County all relevant documentation, including but not
limited to, job cost records, to support its claims for final compensation.
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.
e. 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. The failure of the Provider to require compliance by the
County with any provisions of this Agreement or the waiver by the Provider of
any breach of this Agreement shall not constitute a waiver of any claim for
damages by Provider for any breach of this Agreement or a waiver of any other
required compliance with this Agreement.
11) Additional Provisions
a. Wages. With respect to the Orange County Living Wage Policy, the County
accepts the following as acceptable and compliant with such Policy:
Provider’s total compensation package that an employee receives including
benefits and paid time off, in addition to the hourly wage exceeds the $14.95
living wage rate.
b. 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 County nor the Provider shall assign or transfer
its interest in this Agreement without the written consent of the other.
c. 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.
d. 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,
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
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.p
hp.) 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.
e. 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.
f. 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.
g. 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.
h. 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 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.
i. Non-Appropriation and Government Action. 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.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
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 or mandated
functions, by state 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.
j. 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.
k. Limit of Liability. Neither party shall be liable to the other for punitive
damages arising out of the performance or breach of this Agreement.
l. Remedies. A party’s remedies hereunder are not exclusive and are in
addition to any other remedies at law.
m. Class Action Waiver. County and Provider agree that under no
circumstances, whether in arbitration or otherwise, may County bring any
claim against the Provider, or allow any claim that the County may have
against the Provider to be asserted, as part of a class action, on a consolidated
or representative basis or otherwise aggregated with claims brought by, or on
behalf of, any other entity or person, including other customers of the
Provider.
n. 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 WM Recycle America, L.L.C.
Attention: 800 Capitol, Suite 3000
P.O. Box 8181 Houston, TX 77002
Hillsborough, NC 27278 Attn.: President
Waste Management of Carolinas, Inc.
Ballantyne Two
13777 Ballantyne Corporate Place, Ste 320
Charlotte, NC 28277
Attn.: President
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
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: WM Recycle America, L.L.C.
By:
County Manager
By:
Michael Holbrook, Director of Public Sector
PROVIDER: Waste Management of
Carolinas, Inc.
By:
Michael Holbrook, Director of Public Sector
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9
Area Public Sector Director
Area Public Sector Director
DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
ORANGE COUNTY—DEPARTMENT USE ONLY
Department
Party/Vendor Name: , WM Recycle America, L.L.C. and Waste Management Carolinas Party/Vendor Contact
Person: Joy Jones Contact Phone: 910) 297-2502 Address- see contract 2 addresses
City: Charlotte and Houston State: NC and TX Zip: 77002
Department: Solid Waste
Amount: $2,350,000 (total for 2yrs) Purpose: Recycling Processing and MSW
Disposal Budget Code(s): 50352020-682005 ($1,225,000) and 50353020-682000 ($1,125,000)
Vendor # (N/A if new vendor): Vendor is a BOCC Consultant? (circle one): Yes No X
Contract Type (circle one): New X Renewal Amendment Effective Date: July 1,
2021
Approved by Board? (circle one): Yes X No Agenda Date: June 16, 2021
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
Department Director’s Signature Date:
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases and related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer Date:
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer Date:
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer Date:
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney Date:
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign co ntracts:
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9
6/28/2021
6/28/2021
6/29/2021
6/30/2021
DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Office of the Clerk to the Board Date:
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
ATTACHMENT A
ADDITIONAL TERMS AND CONDITIONS FOR RECYCLING SERVICES
In the event a conflict exists between the Agreement and these Additional Terms and Conditions, the Agreement shall govern and
control with respect to recycling services.
1. QUANTITY AND QUALITY:
During the term of the Agreement, Provider shall take and County agrees to provide one hundred percent (100%) of County’s single
stream recyclables and old corrugated containers, but not including source separated glass (“Recyclables”). County will provide
Recyclables in accordance with Exhibit R (“Specifications”). Recyclables specifically exclude, and County agrees not to deposit
or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical,
infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or
listed under applicable federal, state, or local laws or regulations, or chemical or other properties that are deleterio us or capable of
causing material damage to any part of Provider's property, its personnel or the public or materially impair the strength or the
durability of the Provider's structures or equipment, or any materials containing information (in hard copy or electronic format, or
otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, inclu ding,
but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or oth er regulations or
ordinances or other waste not approved in writing by Provider (collectively, “Excluded Materials”). Title to and liability for
Excluded Materials shall remain with County at all times. Title to Recyclables provided by County to Provider is transferred to
Provider upon Provider’s receipt or collection unless otherwise provided in this Agreement or applicable law. Provider may
reject in whole or in part, Recyclables containing more than forty percent (40%) non-Recyclables, including wet material, or any
Excluded Materials. For loads containing more than fifteen percent (15%) non-Recyclables (or loads containing more than thirty
percent (30%) non-Recyclables which Provider chooses to process) County shall pay a contamination charge of $150.00 per ton
for each ton (or part thereof) of non-Recyclables in excess of fifteen percent (15%) and additional charges may apply for
Excluded Materials that are not rejected. Provider reserves the right at its sole discretion upon notice to County to discontinue
acceptance of any category of Recyclables as a result of market conditions related to such materials and makes no representat ions
as to the recyclability of the materials which are subject to this Agreement. Provider will make best effort to ensure speedy
unloading time and priority services. Provider will work with Orange County to identify slower traffic times during specific days
of the week to assist with efficient unloading of materials.
2. RECYCLABLE VALUE:
The value of the Recyclables meeting the Specifications shall be as set forth on Exhibit R-1. The initial composition of the Recyclables
shall be as set forth below. Thereafter, within ninety (90) days of execution of this Agreement, and no more than annually, Provider
shall perform composition studies of the single stream recyclables to determine the percentage of each commodity in County’s
Recyclables and may revise the amount payable or chargeable to County to reflect the actual composition of County’s Recyclables.
County acknowledges that the value of the Recyclables may be negative. The method to be used for the composition studies will be
consented to by the County, which consent shall not be unreasonably withheld or delayed. The County may be present at such t ime as
a study is conducted.
Initial Composition:
GLASS 20.40%
ALUMINUM CANS 2.80%
STEEL 3.10%
HDPE Color 2.60%
HDPE NATURAL 1.80%
PET 5.30%
Mixed Paper (MP #54) 37.60%
Plastics 3-7 1.20%
OCC (OCC #11) 13.10%
Non-Recyclables 12.10%
Total 100%
3. PAYMENTS; CHARGES; ADJUSTMENTS:
Upon receipt of an invoice, County shall pay for the services furnished by Provider in accordance with this Agreement, as such charges
may be adjusted over the term of this Agreement as noted herein (the “Charges”). State and local taxes, if applicable, will also be
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
added. Where the value is positive for the Recyclables, Provider shall pay County on or about the last day of each month for
Recyclables purchased during the preceding month, after deduction of any Charges owed to Provider by County for services performed
hereunder. Provider reserves the right to increase the Charges payable by County, including the Processing Fee and Excess
Contamination Fee or reduce the rebate to County during the term: (a) for any changes or modifications to, or differences between, the
actual services provided by Provider to County and the agreed upon services, (b) to cover increased costs due to uncontrollable
circumstances, including, without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or
surcharges or acts of God such as floods, fires, hurricanes and natural disasters. Any increase in Charges enumerated above m ay
include a reasonable amount for Provider’s operating or gross profit margin. In the event Provider adjusts the Charges as provided in
this Section, County and Provider agree that this Agreement as so adjusted will continue in full force and effect for the remaining term.
Any County invoice balance not paid within thirty (30) days of the receipt of invoice is subject to a late fee, and any County check
returned for insufficient funds is subject to a NSF fee, both to the maximum extent allowed by applicable law. In the event t hat payment
is not made when due, Provider retains the right to suspend service until the past due balance is paid in full. In the event that service is
suspended in excess of fifteen (15) days, Provider may terminate this Agreement for such default and recover any equipment a nd
containers.
4. SERVICE:
Service arrangements shall be as agreed between Provider and County. Single commodity trailers of baled high-density polyethylene
bulky rigids must achieve 35,000 pounds minimum shipping weight. County shall load trailers safely and in accordance with the most
current ISRI/AF&PA Shipping Guide, if applicable. Additional freight charges, and/or weight adjustments may apply to light lo ads and
shall be the responsibility of County. Failure to load properly may result in additional char ges, rejection of loads, suspension of service,
or immediate termination of this Agreement for breach, without any right to cure. County shall deliver single stream recyclables, old
corrugated containers, and loose high-density polyethylene bulky rigids at County’s expense, to Company’s facility located at 10411
Globe Rd., Morrisville, NC 27560 (“Facility”) during the Facilities operating hours, Monday through Friday, excluding holiday s specified
by the Facility. All Recyclables must be delivered in self-dumping trucks and will be weighed in and out by Company at the Facility.
5. ACCESS:
County shall provide unobstructed access on a scheduled pickup day. County shall pay, if charged by Provider, an additional fee for
any service modifications caused by or resulting from County’s failure to provide access. County warrants that County’s property is
sufficient to bear the weight of Provider’s equipment and vehicles and that Provider shall not be responsible for any damage to the
County’s property resulting from the provision of service.
6. SPECIAL EVENTS PARTICIPATION:
Provider will donate $3000 per year for each year of this Agreement to be used at the discretion of the County in lieu of supplying
shredding events. Said amount shall be payable to the County in July of each year.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
EXHIBIT R
SPECIFICATIONS
SINGLE STREAM RECYCLABLES SPECIFICATIONS
RECYCLABLES must be dry, loose (not bagged), unshredded, empty, and include ONLY the following:
NON-RECYCLABLES include, but are not limited to the following:
Plastic bags and bagged materials (even if containing
Recyclables)
Microwavable trays
Porcelain and ceramics Mirrors, window or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates, cups and pizza
boxes
Plastics not listed above including and unnumbered plastics, including
utensils
Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics
Hoses, cords, wires Yard waste, construction debris, and wood
Flexible plastic or film packaging and multi -laminated
materials
Needles, syringes, IV bags or other medical supplies
Food waste and liquids, containers containing such
items
Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.)
Excluded Materials or containers which contained
Excluded Materials
Napkins, paper towels, tissue, paper plates, and paper cups
Any paper Recyclables or pieces of paper Recyclables
less than 4” in size in any dimension
Propane tanks, fuel cannisters
Batteries
DELIVERY SPECIFICATIONS:
Material delivered by or on behalf of County may contain no more than fifteen percent (15%) Non -Recyclables and may contain no
Excluded Materials.
LOOSE OLD CORRUGATED CONTAINERS SPECIFICATIONS
County represents and warrants that it shall provide old corrugated containers (“OCC”) in accordance with the most current ISRI Scrap
Specifications Circular: Guidelines for Nonferrous Scrap, Ferrous Scrap, Glass Cullet, Paper Stock, Plastic Scrap and any ame ndments
thereto or replacements thereof for OCC#11 (“Specifications”) .
ISRI Scrap Specification for OCC#11
Consist of corrugated containers having liners of either test line, jute or kraft.
Prohibitive Materials may not exceed 1%
Total Outthrows may not exceed 5%
Outthrows is defined as: all papers that are so manufactured or treated or are in such a form as to be unsuitable for consum ptions as
the grade specified.
Prohibitive Materials is defined as:
(a) any material which by their presence in a packaging of paper stock, in excess of the amount allowed, will make the packaging
useable as the grade specified.
(b) any materials that may be damaging to equipment.
(c) all sorted recovered paper stock must be free of food debris, medical or hazardous wastes and poisonous or other harmful
substances or liquids.
(d) wax is a prohibitive unless accepted and pre-approved by the Buyer.
Note: The maximum quantity of outthrows indicated in connection with the grade definitions is understood to be the TOTAL of
Outthrows and Prohibitive Materials.
Aluminum cans Newspaper
PET bottles with the symbol #1 – with screw tops only Mail
HDPE plastic bottles with the symbol #2 (milk, water
bottles detergent, and shampoo bottles, etc.)
Uncoated paperboard (ex. cereal boxes; food and snack boxes)
Plastic containers with the symbol #3-7, excluding
expanded polystyrene, empty
Uncoated printing, writing and office paper
Steel and tin cans Old corrugated containers/cardboard (uncoated)
Glass food and beverage containers – brown, clear, or
green
Magazines, glossy inserts and pamphlets
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
HIGH DENSITY POLYETHYLENE BULKY RIGIDS SPECIFICATIONS (BALED OR LOOSE)
Post-consumer injection grade HDPE and:
• Less than 4% of plastic not of the specified type; i.e. PET, PVC, LDPE, PP, PS, or other (may be marked as #7); film or fiber, HDPE
blow mold grade (frac melt) or HMW (drums)
• No paper, cardboard or metal
• No more than 2% of any other material that is not plastic; i.e. metal, Styrofoam, paper, cardboard, wood, rubber, liquid, p aint or other
residuals, etc.
• No excessive amount of debris (sand, rocks, dirt, etc.) or moisture
• No residue, grease or grime
• No plastic that has deteriorated from sun or weather exposure
• No hazardous materials, medical wastes, or containers used to package these products
STORAGE
Recyclables should not be stored outside, uncovered any longer than four weeks prior to shipment.
FOR BALED MATERIALS:
Bale Dimension: 3’x4’x5’, 4’x6’x4’, or other standard size
Bales should be secured with 10-12-gauge galvanized baling wire or other non-corroding strapping.
Other: Bale integrity must be maintained through shipping, unloading and storage. Cardboard may be used to prevent exposure and
maintain bale integrity.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
EXHIBIT R-1
PRICING
SINGLE STREAM RECYCLABLES
(a) The value of the single stream recyclables meeting the Specifications shall be eighty percent (80%) of the Actual Outbound Value,
minus the Processing Fee. “Actual Outbound Value” means average price paid to or charged to the processing facility during th e month
of delivery of the recyclables less any freight, customs charges, duties, or other charges paid to third parties for the sale of such
Recyclables. County acknowledges that the value of the Recyclables may be negative.
(b) The initial Processing Fee is $97.50 per ton.
The following is an example of the calculation of the value of single stream Recyclables meeting the Specifications, based on the initial
composition and Actual Outbound Value for May 2021:
OLD CORRUGATED CONTAINERS
The value of the loose old corrugated containers meeting the Specifications shall be PPW for OCC#11 minus thirty-five dollars ($35.00)
per ton. “PPW” means the higher of the two Domestic prices for the Southeast Region published by RISI PPI Pulp and Paper Week,
first edition of the month, retroactive to the first of the month. If RISI Pulp and Paper Week is no longer reflective of prevailing market
conditions or if an alternative publication more accurately reflects such market conditions, then Provider shall substitute use a
reasonable alternative publication(s) or alternate method to determine the price for wastepaper. County acknowledges that the value of
the Recyclables may be negative
LOOSE HIGH-DENSITY POLYETHYLENE BULKY RIGIDS
Provider will pay the County Market Price for loose high-density polyethylene bulky rigids. “Market Price” means the value of the
Recyclables established by Provider each month based upon such various factors including but not limited to quantity, quality and
location, which value may be negative.
BALED HIGH-DENSITY POLYETHYLENE BULKY RIGIDS
Where the Net Sales Price for Baled High-Density Polyethylene Bulky Rigids meeting the Specifications is $120.00 per ton or greater,
Provider will pay County eighty percent (80%) of the Net Sales Price.
Where the Net Sales Price for Baled High-Density Polyethylene Bulky Rigids is at least $25.00 per ton but less than $120.00 per ton
calculation, Provider will pay County the Net Sales Price minus $25.00 per ton.
Where the Net Sales Price for Baled High-Density Polyethylene Bulky Rigids is greater than $0.00 per ton but less than $25.00 per ton,
County will pay Provider $25.00 per ton minus the Net Sales Price per ton.
Where the Net Sales Price for Baled High-Density Polyethylene Bulky Rigids is less than $0.00 per ton, County will pay Provider $25.00
per ton plus any charges incurred by Provider.
All pricing is based on 35,000-pound trailer loads; if less than 35,000 pounds, light load charges will apply.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
“Net Sales Price” means the average price paid to or charged to the processing facility for Baled High Density Polyethylene Bulky
Rigids per ton meeting the Specifications during the month prior to delivery of the Recyclables less any freight, customs cha rges,
duties, or other charges paid to third parties for the sale of such Recyclables.
CHARGES
In the event single stream recyclables contain more than the allowable Non-Recyclables and Provider chooses to process such
Recyclables in accordance with Attachment A, Provider shall charge and County shall pay an Excess Contamination Fee for the
percentage above the allowable Non-Recyclables. The initial Excess Contamination Fee is one hundred fifty dollars ($150.00) per ton.
All other recyclables shall be subject to rejection and/or additional charges in accordance with Attachment A.
The Provider has the right to adjust the Processing Fee and Excess Contamination Fee in accordance with increases in the applicable
CPI as calculated below on the anniversary of the Effective Date (“Anniversary Date”). Such CPI adjustments shall be effective on such
Anniversary Date and shall be recalculated and effective each Anniversary Date thereafter. The increas es to the fees shall be based on
the percentage increase in the CPI for the twelve (12) month period ending one month prior to the Anniversary Date. “CPI” me ans the
Consumer Price Index-All Urban Consumers (CPI-U), Water, Sewer, and Trash Collection (WST), (Not Seasonally Adjusted, 12-month
rolling average) as published by the United States Department of Labor, Bureau of Labor Statistics (1982-1984=100). In the event this
CPI is no longer viable or no longer reflective of consumer prices in County’s geographic region, another consumer pricing index or
method of adjustment may be used as a replacement for the CPI, subject to the mutual agreement of the parties. Failure by Provider to
submit such CPI price adjustment shall not preclude the retroactive implementation of such adjustment as of the Anniversary Date.
Notwithstanding the foregoing, no annual increase shall exceed 3.5%.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
1
ATTACHMENT B
COUNTY SOLID WASTE DISPOSAL
1. County Solid Waste. As used herein, the term "County Solid Waste" shall mean all
Municipal Solid Waste generated in Orange County and delivered to the County
convenience sites but excluding sliced tires, bulky waste construction and remodeling debris,
yard waste, discarded appliances and white goods, and further provided that such materials
must be of the type and consistency to be lawfully accepted at the transfer station and the
Sanitary Landfill under the applicable federal, state and local laws, regulations and permits
governing each.
2. Waste Accepted at Facility. County warrants that the waste delivered to Contractor hereunder
will not knowingly contain a regulated quantity of any hazardous, radioactive, or toxic waste
or substance as defined by applicable Federal, state, or local laws or regulations.
3. Special Waste. County warrants that the waste delivered to Contractor hereunder will not
knowingly contain any Special Waste. Special Waste is defined in Attachment C which is
attached hereto and incorporated herein.
4. Waste Rates. The Contractor shall accept for disposal at Contractor's Raleigh Transfer
Station (the "Facility"), all County Solid Waste delivered to the Facility by the County
pursuant to this Agreement at the rate of Forty-Seven and No/100 Dollars ($47.00) per ton,
provided the County delivers to Contractor’s Raleigh Transfer Station at least seventy-five
percent (75%) of all County Solid Waste as defined herein.
Compliance with this volume commitment shall be determined monthly. For each month
that the County fails to deliver the required volume to the Transfer Station, the rate charged to
the County shall revert retroactively to the posted gate rate at the Transfer Station for the
month in question. The County shall provide Contractor with monthly volume reports
showing the total volume of County Solid Waste disposed of during each month.
The Compensation payable by the County to Contractor shall be adjusted annually during the
term of the Agreement to reflect changes in the cost of living. Effective July 1, 2022 and
each July 1 thereafter, Contractor’s compensation shall be adjusted by the same percentage
as the Consumer Price Index for Water, Sewer, and Trash CPI, Not Seasonally Adjusted, All
Areas, (WST CPI) (published by the Bureau of Labor Statistics, U.S. Department of Labor
("C.P.I.")) shall have increased or decreased during the preceding twelve months; provided,
however, no single annual adjustment shall exceed three and one-half percent (3.5%). In the
event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I.,
the parties hereto agree to substitute another equally authoritative measure of change in the
purchasing power of the U.S. dollar as may be then available so as to carry out the intent of
this provision.
5. Rights of Refusal/Rejection. Contractor has the right to refuse or reject after acceptance any
load of waste delivered to the Facility specified herein if the Contractor believes the County
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
2
has breached (or is breaching) its warranties or agreements hereunder. If County delivers
waste in breach of any warranty or agreement herein, Contractor may either remove and
dispose of that waste and charge County for the cost or require County to promptly remove
the waste. In any such event, Contractor shall promptly notify County of such breach prior to
incurring additional costs for the removal and disposal of such nonconforming waste.
6. Limited License to Enter. During the term of this Agreement, County shall have a license to
enter the Facility specified herein for the limited purpose of, and only to the extent necessary
for, off-loading waste at the location and in the manner directed by Contractor. Except in an
emergency, or at the express direction of Contractor, County's personnel shall not leave the
immediate vicinity of their vehicle. After off-loading the waste, County's personnel shall
promptly leave the Facility. Under no circumstances shall County or its personnel engage in
any scavenging of waste at the Facility. Contractor may refuse to accept waste from, and shall
deny an entrance license to, any of County's personnel whom Contractor believes is under the
influence of alcohol or other chemical substances.
7. Charges and Payment. The rates specified in Section 4 shall not change during the initial
term of this Agreement unless taxes, fees or other charges are imposed upon the disposal of
County's waste or Contractor’s operations at the Transfer Station or the ultimate landfill
where the waste is disposed by Federal, state or local laws and regulations. In such event,
County shall pay such costs as a pass through add-on to the rates. Payment shall be made by
County within thirty (30) days of County’s receipt of the invoice from Contractor. In the
event that any payment is not made when due, Contractor may (a) suspend or terminate its
acceptance of County Waste Material and/or (b) charge a late fee for all past-due payments,
not to exceed the maximum rate allowed by applicable law
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
ATTACHMENT C
CONTRACTOR'S DEFINITION OF SPECIAL WASTE
"Special Waste" means Type A or Type B Special Wastes as defined below.
"Type A Special Waste" means any waste from a commercial or industrial activity
meeting any of the following descriptions:
a. A waste from an industrial process.
b. A waste from a pollution control process.
c. A waste containing free liquids.
d. Residue and debris from the cleanup of a spill of a chemical substance or
commercial product or a waste listed in a.-c. or e.-g. of this definition.
e. Contaminated residuals, or articles from the cleanup of a facility generating,
storing, treating, recycling, or disposing of chemical substances, commercial
products, or wastes listed in a.-d., f., or g. of this definition.
f. Any waste which is non-hazardous as a result of treatment pursuant to Subtitle C
of the Resource Conservation and Recovery Act (RCRA).
g. Chemical-containing equipment removed from service, in which the chemical
composition and concentration are unknown.
"Type B Special Waste" means any waste from a commercial or industrial activity
meeting any of the following descriptions:
a. Friable asbestos waste from building demolition or cleaning: wall board, wall or
ceiling spray coverings, pipe insulation, etc. This does not include nonfriable
asbestos unless it has been processed, handled, or used in such a way that asbestos
fibers may be freely released. Asbestos-bearing industrial process waste is a
"Type A Special Waste".
b. Commercial products or chemicals which are off-specification, outdated, unused,
or banned. Outdated or off-specification uncontaminated foot or beverage
products in original consumer containers are not included in this category, unless
management of such containers is restricted by applicable regulations. Containers
which once held commercial products or chemicals are included in this category
unless an end has been removed (for containers larger than 25 gallons), and the
container is empty as defined by RCRA, the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), or other applicable regulations.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
RCRA considers a container to be empty when: all wastes have
been removed that can be removed using the practices commonly
employed to remove materials from the type of container (e.g.,
pouring, pumping or aspirating), and no more than 1 inch (2.54
centimeters) of residue remains on the bottom of the container or
inner liner, or no more than 3% by weight of the total capacity of
the container remains in the container or inner liner (for containers
100 gallons), or no more than 0.3% by weight of the total
capacity of the container remains in the container or inner liner (for
containers > 100 gallons). containers which once held ACUTELY
HAZARDOUS WASTES must be triple rinsed with an appropriate
solvent or cleaned by an equivalent method. The pressure in
cylinders of compressed gas and aerosol cans must be substantially
equivalent to atmospheric pressure.
Containers which once held pesticides regulated under FIFRA
must be empty according to label instructions.
c. Untreated medical waste - Any waste capable of inducing infection due to
contamination with infectious agents from bio-medical sources including but not
limited to a hospital, medical clinic, nursing home, medical practitioner,
mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory,
or medical testing laboratory. Sharps from these sources must be rendered
harmless or placed in needle puncture-proof containers.
d. Treated medical waste - Any wastes from a bio-medical source including but not
limited to a hospital, medical clinic, nursing home, medical practitioner,
mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory,
or medical testing laboratory which has been autoclaved or otherwise heat treated
or sterilized so that it is no longer capable of inducing infection. any sharps from
these sources must be rendered harmless or placed in needle puncture-proof
containers. Residue from incineration of medical waste is a "Type A Special
Waste".
e. Residue/sludges from septic tanks, food service grease traps, or washwaters and
wastewaters from commercial laundries, laundromats, and car washes, unless
these wastes are managed at commercial or public treatment works.
f. Chemical-containing equipment removed from service, in which the chemical
compositions and concentration are known (e.g., acetylene tanks, cathode ray
tubes, lab equipment, fluorescent light tubes, etc.).
g. Waste produced from the demolition or dismantling of industrial process
equipment or facilities contaminated with chemicals from the industrial process.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Chemicals or residues removed or drained from such equipment or facilities are
"Type A Special Wastes".
h. Incinerator ash generated at a Resource Recovery Facility that burned only non-
hazardous household, commercial, or industrial waste and qualifies for the
hazardous waste exclusion in 40 CFR 261.4(b). If the regulatory authority does
not recognize the household hazardous waste exclusion, then the ash is a "Type A
Special Waste".
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
1
Request for Proposals (RFP) No 367-OC5310
Recycling Processor
RFP Circulation Date: March 3, 2021
Non-Mandatory Virtual Pre-Bid Conference: March 15, 2021
Proposal Submission Deadline: March 30, 2021 at 5:00 pm
Orange County North Carolina
Jovana Amaro
Purchasing Agent
405 Meadowlands Rd
Hillsborough, NC 27278
jamaro@orangecountync.gov
919-245-2651
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
2
TABLE OF CONTENTS
1. GENERAL INFORMATION .........................................................................................................................3
1.1 INSTRUCTIONS TO BIDDERS .................................................................................................................3
1.2 DEFINITIONS .........................................................................................................................................4
1.3 GENERAL REQUIREMENTS ...................................................................................................................5
1.4 ELIGIBLE CONTRACTOR ........................................................................................................................5
1.5 SCHEDULE ............................................................................................................................................5
1.6 APPLICATION SUBMISSION PROCESS...................................................................................................5
1.7 PROPRIETARY INFORMATION ..............................................................................................................6
1.8 REQUESTING ADDITIONAL INFORMATION AND QUESTIONS ..............................................................6
1.9 PROPOSAL SELECTION PROCESS ..........................................................................................................6
1.10 CORRECTIONS TO DEFICIENT APPLICATIONS .......................................................................................6
1.11 OPTIONAL PRE-PROPOSAL CONFERENCE ............................................................................................6
1.12 CONTRACT TERMS ...............................................................................................................................7
1.13 PURPOSE OF SOLICITATION .................................................................................................................8
2. SCOPE OF WORK ......................................................................................................................................8
3. PROPOSAL REQUIREMENTS ...................................................................................................................... 13
3.1 PROPOSAL SUBMITTAL ..................................................................................................................... 13
3.2 PROPOSAL ACCEPTANCE ......................................................................................................................... 14
3.3 SELECTION PROCESS ............................................................................................................................... 14
ATTACHMENT A - IRAN DIVESTMENT ACT CERTIFICATION .......................................................................... 15
ATTACHMENT B - PRICE PROPOSAL ............................................................................................................ 196
ATTACHMENT C- ADDENDUM ACKNOWLEDGEMENT .................................................................................. 17
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
3
1. GENERAL INFORMATION
1.1 INSTRUCTIONS TO BIDDERS
1.1.1 All proposals shall be for furnishing supplies, materials, equipment and/or work, labor, and
services in accordance with the applicable plans and specifications prescribed by Orange
County.
1.1.2 Orange County reserves the right to award the proposal that is in the best interest of
Orange County or to reject any or all proposals and to waive minor irregularities.
1.1.3 The successful bidder shall comply fully with the requirements of General Statutes, Section
143-129, as amended.
1.1.4 In the event of default by any Contractor Orange County may procure from other sources
whatever service or items is being proposed and hold the Contractor responsible for any
excess cost occasioned thereby.
1.1.5 Payment terms are net 30 days.
1.1.6 North Carolina sales and use tax shall be included in the proposal amount.
1.1.7 Proposals submitted via facsimile or mail shall not be accepted.
1.1.8 Proposals received after opening date and time shall not be considered.
1.1.9 All proposals must contain an authorized original signature.
1.1.10 Attached is a copy of the County’s standardized contract for Services Agreement RFP/RFQ.
All insurance requirements are contained therein. Please read the agreement carefully as
that document and this bid shall constitute the agreement. The cost of all insurance shall
be included in the price(s) bid.
1.1.11 The contractor shall not commence work until he or she has obtained all the insurance
required in the Services Agreement RFP/RFQ. Insurance shall be maintained in full force
and effect until the Contract, from commencement of the contract and during the entire
term of the contact, has been fully and completely performed, as evidenced by final
acceptance payment. Contractor shall provide Certificate of Insurance reflecting
aforementioned coverage’s as proof of coverage. Certificate of Insurance shall provide for
a thirty (30) day written notice to the County in the event of any modifications, cancellation,
or expiration of said policies. Work shall not commence until the Contractor has obtained
all required insurance and the County has approved verifying certificates of insurance in
writing.
1.1.12 Any and all changes or alterations to this RFP shall be made in the form of written
addendum. It is important that all vendors proposing on this RFP periodically check the
County’s website for any addendum that may be issued prior the bid due date.
1.1.13 Please direct any questions concerning this RFP to Jovana Amaro, Purchasing Agent, at
919-245-2651. Email: jamaro@orangecountync.gov
1.1.14 Please be advised that a non-mandatory virtual pre-bid conference will be held by the
Orange County Solid Waste Administration Building on March 15, 2021 at 10 am
1.1.15 The attached RFP is included to describe the services desired. During the pre -bid
conference, county staff will further describe the services desired and will entertain
suggestions, comments and questions. All interested Contractors should be prepared to
discuss the RFP during the pre-bid conference. If required, an addendum will be issued to
more accurately define the desired services.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
4
1.1.16 Orange County supports a living wage of $ ___14.95______per hour. Please indicate on
the bid form whether any workers on this job will make less than $_14.95_____ per hour.
1.1.17 E-VERIFY HB786 § 143-48.5 imposes E-Verify requirements on contractors who enter into
certain contracts with state agencies and local governments. The legislation specifically
prohibits governmental units from entering into certain contracts “unless the contractor
and the contractor’s subcontractors comply with the requirements of Article 2 of Chapter
64 of the General Statutes.” (Article 2 of Chapter 64 establishes North Carolina’s E -Verify
requirements for private employers). It is important to note that the verification
requirement applies to subcontractors as well as contractors. The new law(s) specifically
prohibit(s) governmental units from entering into contracts with contractors who have not
(or their subs have not) complied with E-Verify requirements. A Completed and notarized
E-Verify affidavit must be included it with your submittal. Electronic version is acceptable.
1.2 DEFINITIONS
AGREEMENT: The Recycling Processing Contract and any supplemental procedures or Standard
Operating Procedures that are agreed upon by all parties.
AVERAGE MARKET VALUE or “AMV”: The aggregate value of the bundle of Single Stream
Recyclables, source separated OCC, or source separated Bulky Rigid Plastics according to the
market index used to determine the revenue paid by the Contractor to OCSW. For purposes of the
Agreement, the index used will be the Southeast USA regional average commodity prices (U.S.
Dollars per Ton), which can be found in RecyclingMarkets.net.
CONTAMINATION HANDLING FEE: The fee to process and dispose of contaminants contained in
inbound deliveries.
CONTRACTOR: The applicant, vendor, proposer, provider and entity providing the services
requested and outlined in the request for proposal and contract.
CONTRACT: A binding document between the county and contractor. If text is contradictory
between the contract and the RFP, the text in the RFP will preside.
CONTRACTOR PROJECT MANAGER: The County’s main contact, employed by the Contractor that
will be responsible for communication between the County and Contractor personnel.
COUNTY: Orange County, North Carolina, the County’s representative outlined in the request for
proposal and contract.
COUNTY’S RESPRESENTIVE- The main contact person between the Contractor and the County as
it relates to contract management, issues, scheduling, questions, etc.
OCC: Old Corrugated Cardboard, grade PS 11 baled, F.O.B. seller’s dock.
PROCESSING FEE: The dollar amount per ton charged on all recyclables delivered by OCSW to the
Contractor.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
5
PROPOSER: Person or entity submitting a bid to the RFP. The successful proposer will become
the Contractor.
REBATE: The amount of money owed by the Contractor to OCSW if the payment formula finds the
value of the revenue share exceeds the processing fee and contamination handling fee.
REQUEST FOR PROPOSALS (RFP): This document, detailing the Recycling Processor program for
Orange County, North Carolina.
REVENUE SHARE: The percentage of AMV to be reimbursed to OCSW.
WASTE AND RECYCLING CENTER (WRC): Orange County has five (5) staffed WRC’s that provide
the public with the opportunity to drop-off numerous items. For the purposes of this RFP,
Recycling will be collected from five (5) sites and from curbside collection, multi-family sites and
commercial entities.
1.3 GENERAL REQUIREMENTS
1.3.1 Living Wage
Orange County is committed to providing its employees with a living wage and
encourages agencies it funds to pursue the same goal. A copy of Orange County’s Living
Wage Contractor Policy is included.
1.3.2 Regulations
Contractor will comply with all federal, state and local laws, rules and regulations and
ordinances as applicable to the project.
1.3.3 Contract Award
Awarded contractor(s) must accept the terms of the sample contract in the Services
Agreement RFP/RFQ.
1.4 ELIGIBLE CONTRACTOR
Eligible Contractors will meet the following requirements:
• A business license to operate in NC
• Minimum of five years’ experience processing recyclables.
• Upon award, meet Orange County Insurance requirements as set forth in Services Agreement
RFP/RFQ.
• Orange County reserves the right to reject all proposals and may select multiple Contractors
to provide service.
1.5 SCHEDULE
A detailed schedule can be found in _________1.13__________________
1.6 APPLICATION SUBMISSION PROCESS
One electronic copy of this application, and all relevant materials, must be received by 5 pm on
the deadline date. Faxes are not accepted. The electronic copy should be submitted by e‐mail to
jamaro@orangecountync.gov. When submitting materials by e‐mail, you must have a reply from
Orange County acknowledging receipt of materials.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
6
1.7 PROPRIETARY INFORMATION
Proprietary information may be submitted as part of the proposal. Please clearly mark only the
pages that contain proprietary information with the word “CONFIDENTIAL.” Information and
records submitted to Orange County are governed by the N.C. Public Records Act, which is set forth
in N.C. General Statutes 132‐1, et. seq. Applicants are encouraged to review the applicable
Statutes prior to submitting any information or documentation believed to be proprietary.
1.8 REQUESTING ADDITIONAL INFORMATION AND QUESTIONS
Orange County will respond to questions submitted ONLY via e‐mail to
jamaro@orangecountync.gov. The deadline for questions is March 18, 2021. Orange County’s
response, and any additional terms deemed necessary by the County will be posted in the form of
an addendum to Orange County website. Neither Orange County staff nor Commissioners will
answer questions directly.
1.9 PROPOSAL SELECTION PROCESS
In addition to the details listed in Section 3 of this RFP, proposals will be reviewed to ensure that
the application is received on time. The submission deadline for th is RFP is March 30, 2021 at
5:00 pm, submitted via electronic mail. All forms and signatures are due at the time of submission.
In addition to timeliness, submissions will be reviewed to ensure the submission is substantially
complete and meets other eligibility requirements. If these standards are not met, the proposal
will not receive further consideration. General selection review will include:
• Timeliness: Proposals will be reviewed to verify submission by the submission deadline.
Orange County will reject proposals that do not meet the submission deadline.
• Completeness: Proposals will be reviewed to verify completeness. Orange County will reject
proposals that do not address all items in these sections and are thus materially incomplete.
• Criteria Review: Proposals will be rated and ranked based off of submittal requirements set
forth in this RFP.
• Eligible Contractor: Proposals will be reviewed to verify the eligibility of the contractor.
• Appeals Process: There will be no appeals process.
1.10 CORRECTIONS TO DEFICIENT APPLICATIONS
After the proposal due date, no unsolicited information will be considered. However, Orange County
staff may contact the Contractor to correct non‐substantive deficiencies. In each case of a
completeness deficiency, the Contractor will be notified by telephone or email documenting the
deficiency. All supplemental information requested by the County must be received within five (5)
business days of the date of notice or the proposal will not be considered.
1.11 OPTIONAL PRE-PROPOSAL CONFERENCE
A non-mandatory pre-proposal conference is scheduled to be held virtually on March 15, 2021 at
10:00 a.m. by Orange County Solid Waste. Following is the link to join the meeting.
Recycling Processor Virtual Pre-Proposal Conference
Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/511695173
You can also dial in using your phone.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
7
United States: +1 (786) 535-3211
Access Code: 511-695-173
At the conference, representatives of the County will be available to answer and explain the intent
of this RFP. To the extent possible, the County will answer questions and concerns raised at that
time. After the conference and the last day to submit questions, the County will prepare and post
an addendum with the answers to the questions, or changes to, the RFP documents that the
County deems appropriate for clarification.
PROCUREMENT SCHEDULE
The County plans to adhere to the following procurement schedule to the extent possible.
Changes to the procurement schedule shall be at the sole option of the County. Table 1 provides
the major milestones of the RFP process.
Table 1
Procurement Schedule
Activity Date
RFP Released March 3, 2021
Non-mandatory Pre-Proposal Conference March 15, 2021 at 10:00 am
Last Day to Submit Questions March 18, 2021
Provide Response to Questions March 23, 2021
Proposals Due March 30, 2021 at 5:00 pm
Interview Qualified Contractors TBD
Recommendations to Board of County
Commissioners
TBD
Award of Agreement TBD
Transition Period TBD
Start Services TBD
1.12 CONTRACT TERMS
The Agreement will be substantially in the form attached below. The term of the Agreement
between County and Contractor will be for an initial ___two_ (_2_) years, proposed to be on or
before ____July______ 1, 2021 through _______June 30, 2023________. At the close of the initial
__two___ (_2) year term the contract may be extended at the option of the County and with the
agreement of Contractor to include up to two (2) additional two (2) year renewal periods provided
that:
Funds are authorized annually by the Board of Orange County Commissioners, and
The Contract is not otherwise terminated through provisions of another clause of the Contract.
1.12.1 Proposal Evaluation and Selection
Proposals will be evaluated and selected according to the criteria set forth in Section 3.3.
The selected firm and the County will negotiate a contract. It is intended that the function
of the contract negotiations is to reach agreement on a contract based on the scope of
services contained in this RFP and on the information contained in the proposal submitted
by selected Proposer. Selection committee will submit recommendations to the Board of
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
8
Orange County Commissioners on the selected Contractor and Contract. Contractor must
sign the contract agreement within twenty (20) days after notification of the Board of
Orange County Commissioners approval of said recommendations. If, after approval by
the Board of Orange County Commissioners, a contract is not signed within a twenty (20)
day period, the County reserves the right to terminate all negotiations and select one of
the other finalists or issue a new RFP.
1.12.2 Right to Reject
Issuance of the "Request for Proposal" does not commit the County to award a contract, to
pay any costs incurred in preparation of a proposal to this request, or to procure or contract
for service or supplies. The County reserves the right to reject any and all proposals, and
to re-advertise. The County may at its option, perform some or all of the services.
1.12.3 Contract Payment
Payment will be made by the County to the Contractor within thirty (30) days after the
receipt by the County of a complete and accurate invoice for work done which is reasonable
and allocable to the Contract and has been performed to the satisfaction of the County.
Amounts on invoices shall not include amounts allocated to tas ks on which no work has
been done.
1.12.4 Adjustments for Change in Scope
The County may order changes to the contract within the general scope of services
consisting of additions, deletions or other revisions. No claim may be made by the
Contractor that the scope of work or that the Contractor’s services have been changed
requiring adjustments to the amount of compensation due to the Contractor unless such
adjustments have been made by a written amendment to the Contract signed by the
County and the Contractor. If the Contractor believes any particular work is not within the
scope of the contract, is a material change, or will otherwise call for more compensation
to the Contractor, the Contractor must immediately notify the County via electronic mail.
The Contractor must provide the amount of additional compensation requested, together
with the basis and documentation supporting the claimed amount.
1.13 PURPOSE OF SOLICITATION
The purpose of this request for proposals is to obtain a highly qualified Recycling Processor to
receive, process and market Recyclables. Service will include receiving recyclables from Orange
County Solid Waste (“OCSW”).
2. SCOPE OF WORK
2.1 General Information
OCSW is seeking qualified Responders to provide all facilities, equipment, labor and services
required for the processing and marketing of all Single Stream Recyclables and selected other
source-separated recyclables managed by OCSW and delivered by or on behalf of OCSW to an
agreed upon facility. This includes:
All materials that are collected by OCSW collection crews;
All materials that are collected by a private hauler under contract with OCSW; and
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
9
All materials accepted at and hauled from an OCSW owned or operated Waste and Recycling
Center, Convenience Center or Transfer Station
Contractors are required to accept recyclables for processing and marketing at an agreed upon
facility. Contractor must furnish sufficient facilities, equipment, labor, financial capability, and
experience to begin accepting materials from OCSW within 30 days of contract execution but no
later than July 1, 2021.
Contractor facilities shall maintain safe and efficient procedures for queuing, weighing, unloading,
screening, and vehicle departure to assure efficient use of the facility by OCSW. The Contractor
shall accept all acceptable recyclable materials delivered to the agreed upon facility. The agreed
upon facility shall have sufficient capacity and availability for unloading, storage, transfer, or other
processing of materials so as not to impair delivery of materials from OCSW.
The Contractor shall:
a. have a minimum of 5 years of experience processing recyclable material,
b. have a minimum of 5 years of experience marketing and selling recyclable material,
c. have a minimum of 5 years of technical experience in material recovery and recycling,
d. provide sufficient financial information to describe the financial condition and strength of
the company,
e. provide qualified staff to handle the day to day operations of receiving and processing
recyclable material, and
f. have the necessary facilities, equipment, and employees to operate a Transfer Station or
MRF.
2.2 RECYCLABLES DELIVERY
Orange County Solid Waste shall have priority consideration in weighing and off-loading materials.
The maximum total waiting/tipping time from arrival at the Vendors facility, to departure from the
facility, shall not exceed one-half hour per truck. It is the intent of OCSW to deliver recyclables on
the same day on which they are collected from curbside. Deliveries from OCS W transfer stations
may be made less frequently. At a minimum, the Contractor must be available to receive materials
Monday through Saturday from 7:00 am until 4:00 pm, with holiday observances for New Year’s
Day, Thanksgiving Day, and Christmas Day.
Orange County Solid Waste shall generally deliver recyclables in a single stream. However,
Contractor shall be able to accommodate source separated Old Corrugated Cardboard (OCC) and
bulky ridge plastics. Source separated materials shall not be subject to the same expected
contamination threshold as single stream recyclables.
2.3 RECYCLABLES MATERIAL QUALITY AND COMPOSITION
A recent recyclable material composition study was conducted by Orange County in June 2018
and is shown below.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
10
Orange County Recycling Composition Study
GLASS 20.40%
ALUMINUM CANS 2.80%
STEEL 3.10%
HDPE Color 2.60%
HDPE NATURAL 1.80%
PET 5.30%
Mixed Paper (PS 1) 37.60%
Plastics 3-7 1.20%
OCC (PS 11) 13.10%
Trash 12.10%
OCSW cannot guarantee actual composition. The numbers presented are presented for
information only and are not a guarantee of current single stream commodities; however, the
County had a recycling composition study undertaken by an outside contractor during April of 2019
that will provide a current measurement of the composition of program recyclables collected by
the County that will be used to establish an initial commodity value under the contract.
2.4 MARKETING OF RECYCLABLES
The Contractor shall provide or act as a recycling market outlet for materials during the term of the
Contract regardless of market fluctuations. The Contractor shall not store or warehouse materials
in violation of health and safety standards and shall conform to all requirements provided for by
the state and federal agencies.
2.4.1 Processing, Transporting and Marketing
The Contractor shall bear all costs associated with processing, transporting and marketing
of Recyclable Materials.
2.5 PUBLIC EDUCATION
The Contractor will offer assistance to OCSW in providing public education services related to the
recycling program. Public education assistance shall include the provision of culturally and
relevant materials and messages in selected languages.
2.6 SPECIAL EVENTS PARTICIPATION
The Contractor shall provide, at no cost to OCSW, three (3) public paper shredding events per
calendar year. The event will provide Orange County residents the opportunity to have their
documents destroyed onsite. The events will take place at a designated location within the County.
Title and ownership of material will pass directly to the Contractor or Contractor’s subcontractor.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
11
2.7 MEASUREMENT – SCALES
The Contractor must have calibrated truck scales to record the weight of all delivered loads. The
facility shall have a process to accurately record the weight and time of all deliveries so that
material quantities can be accurately weighed and accounted for in reporting and in calculating
recycling revenues.
2.8 INSPECTIONS
OCSW has the right to make periodic inspections of any facility that the Contractor uses to
process material received from the County.
2.9 REPORTING
The selected Contractor will be required to provide monthly, quarterly and annual reports to OCSW
of the total quantities of recyclables accepted and associated processing fees for recyclables and
recycling revenues.
2.10 INVOICING / RECYCLING REVENUES
The Contractor will provide monthly invoices to OCSW. The Contractor’s invoices will show the
detailed calculation of the Fee/Rebate formula, with current, accurate values, documenting the
fee owed or rebate due.
The invoice shall explicitly list the following elements for single stream recyclables:
Current month average market values (AMV)
Revenue Share
Processing Fee
Contamination Handling Fee
The invoice value for single stream recyclables shall be calculated by the following formula:
(Processing Fee)/Rebate per Ton = (Revenue Share % x AMV) - Processing Fee.
Average Market Value or “AMV” means the aggregate value of the bundle of Single Stream
Recyclables, source separated OCC, or source separated Bulky Rigid Plastics according to the
market index used to determine the revenue paid by the Contractor to OCSW.
For purposes of the Agreement, the index used will be the Southeast USA regional average
commodity prices (U.S. Dollars per Ton), which can be found in RecyclingMarkets.net.
Contamination Handling Fee: The fee to process and dispose of contaminants contained in
inbound deliveries.
Processing Fee means the dollar ($) amount per ton charged on all recyclables delivered by OCSW
to the Contractor.
Rebate means the amount of money owed by the Contractor to OCSW if the payment formula finds
the value of the revenue share exceeds the processing fee and contamination handling fee.
Revenue Share means the percentage of AMV to be reimbursed to OCSW.
OCC means Old Corrugated Cardboard, grade PS 11 baled, F.O.B. seller’s dock
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
12
Fee Calculation Example
Note: The AMV Calculation tables on the following page are used for estimation purposes only.
Processing Fee: A Processing Fee of _______________________________ dollars ($____.____) per
ton shall be charged on 100% of the inbound tonnage delivered.
Revenue Share: Vendor shall pay Orange County Solid Waste ______________________________
percent (____ %) of the amount of the AMV remaining after deducting Processing Fees, for each
Ton of inbound Program Recyclables delivered during that month. The Revenue Share shall be
fixed for the life of the contract.
Contractor’s Response: Please note this calculation is for proposal evaluation purposes only.
Actual fees charged or revenue paid to Orange County Solid Waste shall be based on the inbound
tonnage delivered by Orange County to the selected facility, and is subject to fluctuation in market
values.
For example, for a Vendor who bids a Processing Fee of $80/ton, a Contamination Disposal Fee
of $30/ton, and a 80% Revenue Share would calculate the Fee charged or Rebate offered in the
following manner:
Fee Calculation Example
(Fee) Rebate per Ton = (Revenue Share x AMV) - (Contamination Handling Fee x Contamination
Rate) - Processing Fee = (80% x 80.90) - ($30.00 x 12.10%) -$80 = ($18.91./Ton) Fee Paid by
Orange County to Contractor
Commodity Price Chart
Material Type Allocation Percent Price per ton AMV per ton
Glass 20.40% ($25.00) ($5.10)
Aluminum Cans 2.80% $1,340.00 $37.52
Steel 3.10% $110.00 $3.41
HDPE color 2.60% $330.00 $8.58
HDPE Natural 1.80% $820.00 $14.76
PET 5.30% $305.00 $16.17
Mixed Paper (PS1) 37.60% ($5.00) ($1.88)
Plastics 3-7 1.20% ($60.00) ($0.72)
OCC(PS 11) 13.10% $90.00 $11.79
Residual 12.10% ($30.00) ($3.63)
100% $80.90
2.11 Considerations for the Future
The decision to make any of the proposed changes to County’s recycling program is per the
County’s discretion, and is dependent upon approval of budgetary increase.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
13
3. PROPOSAL REQUIREMENTS
Submitted proposal must follow the following order and format:
3.1 PROPOSAL SUBMITTAL
Submitted proposal must follow the following order and format
3.1.1 Introduction
• This section must include a brief statement of Proposer’s Company Background, Contact
Information, Federal ID number, and must include the signature of an individual who is
authorized to bind the Proposer contractually (Services Agreement RFP/RFQ).
3.1.2 Statement of Understanding of Services Sought by County –
This section must include a statement of Proposer’s understanding of the services being
sought by the County, and include a description of Scope of Work for accepting and
processing recyclables.
3.1.3 Materials Accepted
Provide a detailed list, with pictures, of items accepted and not accepted as part of the
collection program.
3.1.4 Subcontractors
This section must include a description of proposed involvement of subcontractors,
including potential uses and responsibilities.
3.1.5 Data Management
Contractor’s data management system for acquiring and tracking customer and materials
data. Also includes what method will be utilized to provide accurate reports by material to
the County.
3.1.6 Current and Past Experience
This section must include a description of Contractor’s current and past experience
providing services similar to those that the County seeks. This section must include a list
of clients to whom similar services have been provided within the past three (3) years. The
list of clients must include accurate name, phone number, and email address of contact
person. Current and / or past clients may be asked by County to provide reference for
Proposer.
3.1.7 Technical Expertise
This section must include a description of Contractor’s technical expertise in the
processing and marketing of recyclables. Include in this section an explanation of
Contractor’s knowledge and understanding of applicable laws, rules and regulations and
experience working with relevant regulatory agencies.
3.1.8 Transition Plan
Include detailed transition plan from current recycling processor that describes plans and
schedule of events for the provision of services. The transition plan will serve as an
attachment to the approved contract once approved by the County.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
14
3.1.9 Facilities to be used to process / manage collected recyclable materials
3.1.10 Pricing
This section should contain ____2____ subsections, as follows:
Pricing Proposal – See Attachment B.
Contaminants Proposal- Please include listing of the items that will be classified as
contaminants.
3.1.11 Financial Capability and Insurance –
This section must include an indication of financial capability for handling services to be
delivered, including Insurance Coverage. Insurance coverage requirements are listed in
the County Contract, Services Agreement RFP/RFQ.
3.1.12 E-Verify affidavit. Include a notarized copy in your proposal.
3.1.13 Iran Divestment Act Certification (Attachment A)
3.1.14 See attached Orange County Non-Discrimination Ordinance. Complete the attached
Orange County Nondiscrimination Certification and include it with your submittal.
3.1.15 Addendum Acknowledgement (Attachment C)
3.2 PROPOSAL ACCEPTANCE
Any incomplete proposal or proposal deviating from the required format may, at the County’s sole
discretion, be eliminated by the County.
3.3 SELECTION PROCESS
A selection committee shall be established by the County to review responses. The following will
be the screening criteria. Order below is not indicative of priority.
Understanding of and familiarity with services sought by the County
Experience of Key Personnel and experience of subcontractors
Contractor’s technical expertise, knowledge, and understanding of applicable laws,
rules, and regulations.
Cost of Services
Facilities to be used to process / manage collected recyclable materials
Financial capacity for handling services, including insurance coverage, and
Contractor’s ability to protect County from liability associated with operating the HHW
and CESQG programs
References
After ranking the Contractor on the above criteria, interviews may be conducted. The committee’s
recommendation, along with a negotiated contract will be submitted to the Orange County Board
of Commissioners for approval.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
15
ATTACHMENT A - IRAN DIVESTMENT ACT CERTIFICATION
Required By N.C.G.S.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
19
ATTACHMENT B - PRICE PROPOSAL
1. Proposal
Processing Fee: A Processing Fee of $____.____per Ton shall be charged on 100% of the inbound
tonnage delivered.
Contamination Handling Fee: A contamination handling fee to process and dispose of
contaminants contained in inbound deliveries will be$___.___ per Ton.
Revenue Share: Vendor shall pay Orange County Solid Waste ____ %of the amount of the AMV
remaining after deducting Processing Fees, for each Ton of inbound Program Recyclables
delivered during that month. The Revenue Share shall be fixed for the life of the contract.
Corrugated Cardboard Pricing:
Old Corrugated Cardboard (OCC): The County provides separated OCC collection from schools and
commercial businesses.
The Vendor shall provide a per ton rate calculated at $_______ of the Southeast USA regional
average prices per Corrugated Containers (PS11) first posted less $_______ vendor processing
Fee.
Optional
Transfer Station Tipping Fee for MSW brought to facility by County separate from Recycling:
Vendor shall allow Orange County to bring MSW to their transfer station located at:
___________________________________________________________________
Orange County shall be charged a Tipping Fee per ton of: $________________________________
Tipping Fee will be set for __________ years and shall not increase more than _____ % per year
thereafter.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
20
ATTACHMENT C- ADDENDUM ACKNOWLEDGEMENT
Vendor must initial next to each addendum in order to verify acknowledgement:
Addendum #1_____________ Addendum #2_____________ Addendum #3______________
Addendum #4_____________ Addendum #5_____________ Addendum #6______________
End of RFP
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Section I: General Government and Administration
Policy 10.0: Living Wage Contractor Policy
Reviewed by: County Attorney/County Manager
Approved by: County Manager
Original Effective Date: July 1, 2017
Revisions:
Policy Statement
It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange
County, are paid a living wage.
Purpose
To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a
contract with Orange County.
Applicability
Applies to all Orange County contracts and purchases.
Policy
10.1 Living Wage
10.1.1 Orange County is committed to providing its employees with a living wage and encourages all
contractors and vendors doing business with Orange County to pursue the same goal. Orange County’s
living wage is $14.95 per hour. To the extent possible, Orange County recommends that contractors
and vendors seeking to do business with Orange County provide a living wage to their employees.
10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to
do business with Orange County shall submit to the County’s representative a statement indicating
whether those employees who will perform work on the Orange County contract are paid at least the
living wage amount set out above. If such employees do not make at least the living wage amount set
out above the contractor or vendor shall indicate in the statement the actual amount paid to such
employees. For bid projects this statement should be submitted as part of the bid packet.
This policy may be reviewed annually and updated as needed by the Manager’s Office
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
STATE OF NORTH CAROLINA
AFFIDAVIT
ORANGE COUNTY
**************************
I, ____________________________(the individual attesting below), being duly authorized by and on behalf of
________________________________ (the entity bidding on project hereinafter "Employer") after first being duly
sworn hereby swears or affirms as follows:
1. Employer understands that E-Verify is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify
the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work
in the United States, shall verify the work authorization of the employee through E-Verify in accordance with
NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in this State and that
employs 25 or more employees in this State. (mark Yes or No)
a. YES _____, or
b. NO _____
4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This ____ day of _______________, 20__.
Signature of Affiant
Print or Type Name: _________________________
State of North Carolina, _________ County
Signed and sworn to (or affirmed) before me, this the _____
day of ________________, 20__.
My Commission Expires:
Notary Public
(Affix Official/Notarial Seal)
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Chapter 12 Civil Rights.
Sections 12-23 – 12-49 Reserved.
AN ORDINANCE PROHIBITING DISCRIMINATION THROUGHOUT ORANGE COUNTY
Sec. 12-50. - Title.
This Ordinance shall be known and may be cited as the Orange County Non-Discrimination Ordinance.
Sec. 12-51. – Policy and Severability.
(a) It is the policy of Orange County not to enter into a contract with any business, company, or
firm that has discriminated in the solicitation, selection, hiring or treatment of vendors, suppliers,
subcontractors or commercial customers against a Protected Class, or on the basis of any otherwise
unlawful use of individual or personal characteristics regarding such vendor's, suppliers,
commercial customers, employees, or owners in connection with a county contract or solicitation;
provided that nothing in this non-discrimination policy shall prohibit or limit otherwise lawful
efforts to remedy the effects of discrimination that has occurred or is occurring in the marketplace.
1. It is the policy of Orange County that every Orange County created contract and subcontract for
goods or services shall contain a non-discrimination clause that prohibits discrimination as that
term is defined herein.
(b) It is further the policy of Orange County that discrimination has no place in Orange County, North
Carolina and it is the intent of this ordinance to provide uniform legal protection to individuals in all
Protected Classes, making it unlawful for any person to discriminate in housing, public accommodations,
and transportation.
(c) Should any provision of this Ordinance be found to be unconstitutional by a court of law such provision
shall be severed from the remainder of the Ordinance and such action shall not affect the enforceability
of the remaining provisions of the Ordinance.
Sec. 12-52. - Definitions.
(a) Discrimination means any disadvantage, difference, or distinction in the solicitation, selection,
hiring, service to, or treatment of a vendor, supplier, subcontractor, or customer on the basis of
Protected Class status or on the basis of any otherwise unlawful use of personal or individual
characteristics.
(b) Housing and public accommodations have the same common meaning as those terms are defined in the
Orange County Civil Rights Ordinance.
(c) Person means any individual, business, or company, regardless of organizational structure, providing
for profit goods, facilities, services, accommodations, transportation, or access to the general public.
(d) Protected Class means age (as defined in the Orange County Civil Rights Ordinance), race, ethnicity,
color, national origin, religion, creed, sex, sexual orientation, gender, gender identity, gender
expression, marital status, familial status, source of income, disability, political affiliation, veteran
status, disabled veteran status.
(e) Public Accommodation has the same meaning as that term is defined in the Orange County Civil Rights
Ordinance except that for purposes of this Ordinance Public Accommodation includes:
1. Transportation companies and transportation providers operating company-owned or privately-
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
owned vehicles providing transportation to the general public; and
2. Private residences providing short-term rentals to members of the general public. A short-term
rental means the provision of a room, space, or residential unit that is suitable or intended for
occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30
consecutive days, in exchange for a charge for the occupancy.
Sec. 12-53. - Contractor bid requirements.
(a) All requests for bids or proposals issued for county contracts shall include a certification to be
completed by the bidder or proposer in substantially the following form:
The undersigned bidder or proposer hereby certifies and agrees that the following information is
correct:
1. In preparing its enclosed bid or proposal, the bidder or proposer has considered all bids and
proposals submitted from qualified, potential subcontractors and suppliers, and has not
engaged in discrimination as defined in Section 12-52 of the Orange County Non-
discrimination Ordinance.
2. Without limiting any other remedies that Orange County may have for a false certification,
it is understood and agreed that, if this certification is false, such false certification will
constitute grounds for Orange C ounty to reject the bid or proposal submitted with this
certification, and terminate any contract awarded based on such bid or proposal. It shall
also subject the bidder or proposer to disqualification from participating in county contracts
or bid processes for up to two years.
3. As a condition of contracting with Orange County, the bidder or proposer agrees to promptly
provide to Orange County all information and documentation that may be requested by
Orange County from time to time regarding the solicitation and selection of suppliers and
subcontractors in connection with this solicitation process. Failure to maintain or failure to
provide such information constitutes grounds for Orange County to reject the bid or proposal
and to terminate, without penalty to Orange County, any contract awarded on such bid
or proposal. All such information and documentation shall be maintained for a period of three
years after the expiration of the contract.
4. As part of its bid or proposal, the bidder or proposer shall provide to Orange County a list of
all instances within the past ten years where a complaint was filed or pending against
bidder or proposer in a legal or administrative proceeding alleging that bidder or
proposer discriminated against its subcontractors, vendors, suppliers, or commercial
customers, and a description of the status or resolution of that complaint, including any
remedial action taken.
5. As a condition of submitting a bid or proposal to Orange County the bidder or proposer
agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this
certification shall constitute a violation of the Orange County Non-Discrimination Ordinance
and shall be grounds for rejection of the bid or proposal or termination, without fault to Orange
County, of a contract.
6. As a condition of submitting a bid or proposal to Orange County the bidder or proposer agrees
that Orange County may consider the information submitted as part of this certification in its
determination of the responsibility of the bidder or proposer. The bidder or proposer, as the
case may be, waives the right to challenge the rejection of a bid or proposal when such
rejection is based, in its entirety, on information contained in this certification.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Sec. 12-54. - Prohibited acts.
(a) It shall be unlawful for any person to deny any person the full and equal enjoyment of the goods,
services, facilities, privileges, advantages, and accommodations of a place of public accommodation
on the basis of Protected Class status or on the basis of any otherwise unlawful use of individual or
personal characteristics.
(b) It shall be unlawful for any person to make, print, circulate, post, mail or otherwise cause to be
published a statement, advertisement, or sign which indicates that the full and equal enjoyment of the
transportation, access, goods, services, facilities, privileges, advantages, and accommodations of a
place of public accommodation will be refused, withheld from, or denied any person on the basis
of Protected Class status or on the basis of any otherwise unlawful use of individual or personal
characteristics, or that any person's patronage of or presence at a place of public accommodation is
objectionable, unwelcome, unacceptable, or undesirable on the basis of Protected Class status or on
the basis of any otherwise unlawful use of individual or personal characteristics; provided, however, this
section does not apply to a private club or other establishment not, in fact, open to the public.
(c) It shall be unlawful for any person to intentionally or knowingly:
1. Perform or attempt to perform any act which directly or indirectly results in an individual's bodily
injury or property damage where such act is directed at an individual or a group of individuals
because of that person's or that group's perceived or actual Protected Class status or on the basis
of any otherwise unlawful use of individual or personal characteristics.
2. Solicit, encourage, compensate, assist, or conspire with another to perform or attempt to perform
any act which directly or indirectly results in an individual's bodily injury or property damage
where such act is directed at an individual or a group of individuals because of that person's or that
group's perceived or actual Protected Class status or on the basis of any otherwise unlawful use
of individual or personal characteristics.
(d) No person shall be found to have violated this Ordinance solely on the basis of the content of any speech
or communication used by such person.
Sec. 12-55. Exemptions.
(a) All applicable exemptions found in Section 12-11 of the Orange County Civil Rights Ordinance
related to housing shall apply to alleged violations of Section 12-54 of this Ordinance.
Sec. 12-56. Investigation, Enforcement, and Remedy.
(a) Sections 12-16 through and including 12-21 of the Orange County Civil Rights Ordinance shall be
followed and adhered to during the investigation of any alleged violation of this Ordinance. Any
remedies available through said sections of the Orange County Civil Rights Ordinance shall be
available hereunder.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
ORANGE COUNTY NONDISCRIMINATION CERTIFICATION
The undersigned bidder or proposer hereby certifies and agrees that the following
information is correct:
1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has
considered all bids and proposals submitted from qualified, potential subcontractors and
suppliers, and has not engaged in discrimination as defined in Section 12-52 of the
Orange County Non-discrimination Ordinance.
2. Without limiting any other remedies that Orange County may have for a false
certification, it is understood and agreed that, if this certification is false, such false
certification will constitute grounds for Orange County to reject the bid or proposal
submitted with this certification, and terminate any contract awarded based on such bid
or proposal. It shall also subject the bidder or proposer to disqualification from
participating in county contracts or bid processes for up to two years.
3. As a condition of contracting with Orange County, the undersigned bidder or
proposer agrees to promptly provide to Orange County all information and
documentation that may be requested by Orange County from time to time regarding
the solicitation and selection of suppliers and subcontractors in connection with this
solicitation process. Failure to maintain or failure to provide such information constitutes
grounds for Orange County to reject the bid or proposal and to terminate, without
penalty to Orange County, any contract awarded on such bid or proposal. All such
information and documentation shall be maintained for a period of three years after the
expiration of the contract.
4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to
Orange County a list of all instances within the past ten years where a complaint was
filed or pending against bidder or proposer in a legal or administrative proceeding
alleging that bidder or proposer discriminated against its subcontractors, vendors,
suppliers, or commercial customers, and a description of the status or resolution of that
complaint, including any remedial action taken.
5. As a condition of submitting a bid or proposal to Orange County the undersigned
bidder or proposer agrees to comply with the Orange County Non-discrimination
Ordinance. Falsification of this certification shall constitute a violation of the Orange
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or
proposal or termination of an existing contract, without fault or further obligation to
Orange County.
6. As a condition of submitting a bid or proposal to Orange County the undersigned
bidder or proposer agrees that Orange County may consider the information submitted
as part of this certification in its determination of the responsibility of the undersigned
bidder or proposer. The undersigned bidder or proposer, as the case may be, waives
the right to challenge the rejection of a bid or proposal when such rejection is based, in
its entirety, on information submitted as part of this certification.
The bidder or proposer certifies the undersigned has full authority to sign on its behalf.
By:________________________________________
___________________________________________
Printed Name and Title
On behalf of _________________________________
___________________________________________
Company or Corporate name
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county. Coverage Low Risk Profile Standard Risk Profile High Risk Profile Specialty Encroachment Premises Lease Commercial General Liability Products/Completed Operation Explosion, Collapse & Underground (XCU) $1,000,000/$2,000,000 Per accident As above $1,000,000/$2,000,000 As Above If any, Limit to be determined. $1,000,000/$2,000,000 As above If any, TBD. $1,000,000* As Above If any, TBD. $1,000,000 $1,000,000 Automobile Liability $1,000,000 (CSL) Per occurrence $1,000,000* $1,000,000* $1,000,000* N/A N/A **Workers’ Compensation Statutory Statutory Statutory Statutory N/A Statutory **Employer’s Liability 100/500/100 500/500/500* 500/500/500 500/500/500* N/A 100/500/100 ** Waiver of Subrogation on WC Required if available Required if available Required Required N/A N/A Umbrella Liability $1,000,000 $2,000,000 $2,000,000+ $9,000,000+ N/A N/A Professional Liability may be required on a risk profile depending on nature of services provided by contract. Coverage required for professional service such as accountant, attorney, architect, design, engineering, health care and most consultants. $1,000,000 per occurrence $1,000,000 TBD TBD N/A N/A Sexual Misconduct (Sexual Abuse/Molestation) may be required for contractors working directly one-on-one with children and elderly or in overnight sheltering capacities. $1,000,000/$2,000,000 $1,000,000/$2,000,000 TBD TBD N/A TBD Cyber Liability may be required for contractors having access to personal identifying information, and/or computer networks. $1,000,000/$2,000,000 TBD TBD TBD N/A Environmental/Pollution Liability required if demolition, use of N/A $1,000,000 $1,000,000+* $1,000,000+* N/A N/A DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county. hazardous material or environmentally sensitive Fidelity Bond (loss of money or other property due to dishonest acts). Only for contracts such as Banking, Janitorial, Fundraising, TPA’s and similar, ETA TBD Amount depends on exposure to loss TBD TBD N/A N/A Other Coverage As required TBD TBD TBD TBD N/A N/A Bid, Performance & Payment Bonds TBD TBD TBD TBD N/A N/A *A combination of Umbrella/Excess and primary limit may be used to provide coverage for the amount shown. ** Workers’ Compensation is required if the contractor/vendor has employees. Owner Waiver is acceptable for a Sole Proprietor. DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 1
[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
SERVICES AGREEMENT RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this day
of , 20 , (“Effective Date”) by and between Orange County, North Carolina a
political subdivision of the State of North Carolina (hereinafter, the "County") and ,
(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 services to be rendered by
Provider to County with respect to (insert type of project):
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
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 2
quality, accuracy and timely completion and 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 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.
vi) Should this Agreement involve project designs, the construction or creation of
which is to be bid out or fulfilled by other contractors, and bidding or negotiation
with contractors produce prices which, when added to the other elements of the
approved total project cost, produce a cost that is in excess of the approved total
project cost, the Provider shall participate with the County in negotiation and
design adjustments to the extent such are necessary to obtain prices within the
approved total project cost. All activity of the Provider with respect to these
matters shall constitute Basic Services and shall be performed by the Provider
without additional compensation. If negotiation and design adjustments fail to
bring costs within the total project cost the County may reject all bids and
Provider will redesign or reduce portions of the project in an effort to reduce the
bid prices to within the total project cost and rebid the project. One such redesign
is included within Basic Services. If this second letting for bids does not produce
bids that are within the approved total project cost initially or after negotiations
with the contractor the cost is not reduced to an amount within the total project
cost, the Provider is not obligated to engage in further redesign.
3. Basic Services
a. Basic Services.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 3
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 for “ ” issued ,
20 , and the Provider’s proposal, which are fully incorporated and integrated
herein by reference together with Attachments (designate all attachments).
In the event a term or condition in any referenced 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 milestones task list, dates and fees. If milestones
are not established mark N/A under Milestone Task 1.)
Milestone Task Milestone Date Milestone Fee
1.
2.
3.
4.
5.
6.
7.
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. County may withhold the accompanying
payment without penalty until such time as Provider cures the breach. 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. 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 to .
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.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 4
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 .
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services satisfactorily (as
determined by the County) performed pursuant to this Agreement. The maximum
amount payable for Basic Services is Dollars ($ ). In the event the amount
stated on an invoice is disputed by the County, the County may withhold payment of all
or a portion of the amount stated on an invoice 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
Project milestones as set out in Section 3(a)(ii) are achieved up to the corresponding
milestone fee. (For example, Provider may invoice for the amount listed as the
milestone fee corresponding to the first milestone task 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 that
corresponding milestone fee.) Milestone fees shall be the maximum amount payable for
its corresponding milestone task which shall not be altered except by written
amendment.
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 ( ) to act as the
County's representative with respect to the Project who shall have the authority to render
decisions within guidelines established by the County Manager or the County Board o f
Commissioners and who 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
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 5
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. To the extent authorized by North Carolina law 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 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 of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days prior written notice to
the Provider.
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. Either party may
terminate this Agreement upon notice to the other party that obligations pursuant to this
Agreement are made impractical due to declarations of emergency by Orange County or
by North Carolina due to events directly impacting Orange County. Both parties shall
remain responsible for all payment and performance due up to the receipt of such notice,
but shall have no further obligation or responsibility beyond that date provided the
terminating party has taken all reasonable steps to complete the performance of its
obligations.
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. Upon request of the County, the Provider shall submit to County all
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 6
relevant documentation, including but not limited to, job cost records, to support
its claims for final compensation.
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 three (3) 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
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 ma y 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
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 7
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 on ly 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
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 and Government Action. 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 or mandated
functions, by state 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:
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 8
Orange County Provider’s Name & Address
Attention:
P.O. Box 8181
Hillsborough, NC 27278
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: _________________________________
By: __________________________________
Printed Name and Title
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Revised 07/20 9
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Department
Party/Vendor Name: Party/Vendor Contact Person: Contact Phone: Party/Vendor Address:
City State: Zip: Department: Amount: Purpose: Budget
Code(s): Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract
Type: (Check one) New Renewal Amendment Effective Date Approved by Board Yes No
Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases and related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Finance Services Department – Purchasing Division
Addendum No 1: Answer to Questions
March 23, 2021
ORANGE COUNTY RFP No 367-OC5310
RECYCLING PROCESSOR
To All Interested Providers:
1. In section 1.2, OCC is defined as grade PS 11 baled. Please clarify attachment B
pricing for OCC if it is baled or unbaled.
Answer: The OCC is unbaled.
2. Please provide your tonnages for the last 12 months, breakdown by commodity, if
possible.
Answer: Recycling tonnages broken down by commodity are not available.
Tonnages by month are:
July-20 1055.58
Aug-20 998.87
Sep-20 1026.46
Oct-20 1031.75
Nov-20 964.37
Dec-20 1117.84
Jan-21 988.63
Feb-21 836.55
Jan-20 1169.26
Feb-20 922.27
Mar-20 1059.74
Apr-20 1127.03
May-20 1063.19
Jun-20 1105.47
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
3. Please provide your most recent monthly rebate/processing fees
breakdown/summary
Answer:
Weighted Average
Price
MATERIALS CURBSIDE
CURBSIDE
TONS PRICE RECVD TOTAL
ALLOCATIONS COLLECTED PER TON VALUE
GLASS 22.02% 220.20 ($35.00) ($7,707.00)
ALUMINUM CANS 2.29% 22.90 980.00 $22,442.00
STEEL 3.10% 31.00 35.00 $1,085.00
HDPE Color 2.15% 21.50 375.00 $8,062.50
HDPE NATURAL 1.39% 13.90 1,330.00 $18,487.00
PET 5.26% 52.60 140.00 $7,364.00
Mixed Paper (PS 1) 37.81% 378.10 27.50 $10,397.75
Plastics 3-7 0.83% 8.30 (30.00) ($249.00)
OCC (PS 11) 13.11% 131.10 67.50 $8,849.25
Trash 12.04% 120.40 0.00 $0.00
100.0000% 1,000.00
$68,731.50
Weighted Average Price
$68.73
Dollar for dollar reduction under $105 proportional to decrease in WAP
Base Rebate (charge)
Revenue Share / Charge
-$36.27
Total
($36.27)
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
ADDENDUM ACKNOWLEDGEMENT
Initial and add this page to your bid proposal response
Addendum No 1 _______________
Addendum No 2 _______________
Addendum No 3 _______________
Addendum No 4 _______________
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
ORANGE COUNTY,
NORTH CAROLINA
Recycling Processor
367-OC5310
March 30, 2021 5:00 p.m.
SUBMITTED BY
Recycle America Co., L.L.C.
Redefining Your Expectations
CONTACT
Joy Jones,
Public Sector Area Representative
(910) 297-2502
jjones21@wm.com
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Recycle America Co., L.L.C.
10415 Globe Road
Morrisville, NC 27560
i
Cover Letter
March 30, 2021
Orange County
405 Meadowlands Rd
Hillsborough, NC 27278
Attention: Jovana Amaro, Purchasing Agent
Dear Ms. Amaro:
WM Recycle America, L.L.C. (WMRA) is very pleased to provide the enclosed response to Orange
County’s Request for Proposal (RFP) number 367-OC5310 for Recycling Processor.
WM Recycle America, L.L.C. and Waste Management of North Carolina, Inc. are part of Waste
Management, Inc. For purposes of this proposal, WM or Waste Management will be used to collectively
refer to Waste Management of North Carolina, Inc. and WM Recycle America, L.L.C., which are all part of
Waste Management, Inc.
Waste Management is the leading provider of comprehensive waste and environmental services in North
America, as well as North America’s largest residential municipal waste recycler operating the largest
network of recycling facilities. Companywide, we operate 148 recycling facilities, including 46 single
stream recycling facilities that sort and prepare recyclables for end markets.
Waste Management has over three decades of experience in creating and implementing single stream
recycling initiatives. We were the first major solid waste company to focus on residential single stream
and have provided similar recycling processing services to many of the cities around your community.
For thi s RF P, Waste Management is proposing to process the County’s recyclables at our new state-of -
the-art material recovery facility (MRF), which is outfitted with up-to-date processing equipment and can
be expanded to meet increased needs. We welcome representatives from Orange County to visit this
facility and learn firsthand about our superior operational approach to recycling processing services.
If there are any questions or items requiring clarification, please do not hesitate to contact me. I will be the
official contact throughout this process and look forward to discussing this submittal with you in detail.
It is our sincere desire to be your processing service provider and to help the County run an efficient
recycling program as we have for our existing customers. Waste Management is excited about the
opportunity to enter into a partnership with Orange County. Please don’t hesitate to reach out to Joy
Jones, Community and Municipal Relations Manager, at (910) 297-2502 | jjones21@wm.com for any
questions regarding this proposal.
Sincerely,
Michael Holbrook, Area Director Public Sector Solutions | (336) 531-3234 | mholbroo@wm.com
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
TABLE OF CONTENTS
1 | INTRODUCTION.............................................................................. 1
Who We Are and What We Do...................................................................1
2 | STATEMENT OF UNDERSTANDING OF SERVICES .............. 4
3 | MATERIALS ACCEPTED .............................................................. 6
Material and D elivery Specifications ............................................................6
4 | SUBCONTRACTORS..................................................................... 9
5 | DATA MANAGEMENT ................................................................. 10
6 | CURRENT AND PAST EXPERIENCE....................................... 12
7 | TECHNICAL EXPERTISE ............................................................ 15
Local Recycling Experience and Capabilities..............................................15
Material Markets.....................................................................................16
8 | TRANSITION PLAN ...................................................................... 19
Commitment to a Successful, Stress-Free Service Transition .......................19
9 | FACILITIES .................................................................................... 21
10 | PRICING ....................................................................................... 24
Pricing Proposal – Attachment B ..............................................................24
Contaminants Proposal ...........................................................................26
Exceptions.............................................................................................27
11 | FINANCIAL CAPABILITY AND INSURANCE........................ 28
Financial Strength: The Foundation for Our Commitment.............................28
12 | E-VERIFY AFIDAVIT .................................................................. 32
13 | IRAN DIVESTMENT ACT CERTIFICATION ........................... 33
14 | NONDI SCRIMINATION CERTIFICATION............................... 34
15 | ADDENDA ACKNOWLEGEMENT........................................... 36
ADDENDUM 1..................................................................................... 37
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
1
1 | INTRODUCTION
This section must include a brief statement of Proposer’s Company Background, Contact Information, Federal ID number, and
must include the signature of an individual who is authorized to bind the Proposer contractually (Services Agreement RFP/RFQ).
Who We Are and What We Do
At Waste Management, we place our customers at the center of what we do every day. We are a team of
more than 44,900 employees motivated by a desire to go above and beyond for our nearly 20 million
municipal, commercial, industrial, and residential entities throughout North America for whom we provide
a range of environmental solutions, including collection, recycling, disposal, and renewable energy
production.
To serve our diverse customer base, we have developed the industry’s largest network of collection
operations, transfer stations, and recycling and disposal facilities. Unmatched in geographical reach and
ability, our network enables us to manage every aspect of our customers’ waste streams.
But, our broad geograp hical coverage and depth of experience allow us to do so much more. With our
team of in-house environmental experts, we assist customers with customized sustainability plans. In
response to natural disasters or unforeseen needs, we provide almost immediate support to customers by
quickly assembling emergency collection services. And, as North America’s leading post -consumer
recycler, we navigate a complex international commodity market to safeguard the long-term viability of our
customers’ recycling programs.
For many customers, the authenticity of who we are and the depth of what we do make us more than just
a service provider. We strive to be a long-term partner that our customers can trust by doing things the
right way, every day.
Our Core Services - Redefining Your Expectations
We are pushing the boundaries of what you can expect from your environmental services provider. A
sampling of our services and sustainable technologies include:
Recycling: We have been leading change in the recycling industry for over three decades. We work
closely with our customer partners throughout North America to expand access to recycling, and in
Every day, each of our more than 44,900 employees goes above and
beyond what is expected to find what is possible.
See how by clicking or going to: bit.ly/31ymNIC
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
2
2019 we processed 15.5 million tons of recyclables. This number represents a 55 percent increase in
recycling tons processed since 2010.
Organics: We operate a nationwide network of 40 organics recycling facilities, including co-digestion
and composting facilities. In 2019, Waste Management processed more than 3.5 million tons of
source-separated organic materials, including yard trimmings, food waste, and biosolids.
Waste-Based Energy: At our 124 landfill gas-to-energy (LFGTE) facilities, we capture methane and
use it as an alternative to fossil fuel-generating electricity that is sold to local utilities and also
converted into natural gas fuels. Renewable natural gas produced from processed landfill gas now
fuels 33 percent of our natural gas fleet.
Hard -to-Handle Materials: We offer several programs to help our customers dispose of hard-to-
handle waste streams, including paint, automotiv e products, flammable and combustible items,
batteries, electronic, and medical wastes.
Advancement of New Technologies: We are dedicated to finding solutions to the problems of
tomorrow, today. That is why we are making meaningful investments in companies focused on
transforming materials such as solid waste into biofuels and renewable chemicals.
Waste Management At-a-Glance (data represents Waste Management’s most recently published information)
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
3
WMRA Information
Company Name and
Location
Waste Management Recycle America (WMRA)
10411 Globe Rd ., Morrisville, NC 27560
Federal Tax Number 56-0731307
Project Manager for this
Proposal
Joy Jones, Community and Municipal Relations Manager
(910) 297-2502 | jjones21@wm.com
Signature Authority Michael Holbrook , Area Director Public Sector Solutions
(336) 531-3234 | mholbroo@wm.com
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
4
2 | S TATEMENT OF UNDERSTANDING OF
SERVICES
This section must include a statement of Proposer’s understanding of the services being sought by the County, and include a
description of Scope of Work for accepting and processing recyclables.
As the industry leader and pioneer in single-stream recycling technology, Waste Management is looking
forward to providing processing services Orange County. Waste Management proposes to receive and
process all County-generated single-stream recyclable materials at our existing MRF. This facility has
ample queuing, parking, processing and storage capability, and can effectively accommodate all incoming
and outgoing County vehicles.
Waste Management will supply all labor, equipment, and tools necessary to effectively perform the scope
of services. We will accept single stream recyclable materials delivered by County between the hours of 6
a.m. to 5 p.m. local time, Monday through Saturday and other days or times as may be mutually agreed
upon by the County and Waste Management. We will make all effort to minimize wait times for the
County’s trucks when they are delivering receiving recyclable materials.
We will receive, sort, process, and market all recyclable material delivered by the County which includes,
but is not limited to, the following marketable commodities:
Acceptable Recyclable Materials
Cardboard/OCC
Paperboard
Mixed paper, including mail, inserts, catalogs, magazines, etc.
Telephone books
Metals, including aluminum, steel, and tin (food/beverage cans)
Jars and glass, including clear, green, and brown
Plastics 1 through 7, except Styrofoam
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
5
Waste Management will sort and process the materials to a quality that meets or exceeds secondary
market conditions to maximize diversion and will utilize industry best management practices to maximize
recyclable material processing throughput and quality.
All residuals will be delivered to Waste Management’s landfill. Waste Management, and not the County,
will be responsible for associated disposal fees.
In the unlikely event that we are unable to receive, process, and market recyclable materials delivered by
the County to our facility, Waste Management will, at its sole cost and expense, divert all recyclable
materials to an alternate location for recycling services.
Waste Management will submit a detailed invoice to the County on a monthly basis for rec ycling services
performed, which will break down all recyclable material delivered by the County by commodity type and
volume. We also agree to perform no less than two Waste Characterization Studies annually, one for
residential recycling materials and one for commercial recycling materials.
We will be happy to provide our financial and operational records related to work performed under this
agreement for periodic audits.
Orange County supports a living wage of $ 14.95 per hour. Please indicate on the bid form whether any workers on this job will
make less than $ 14.95 per hour.
Waste Management’s total compensation package that an employee receives including benefits and paid
time off, in addition to the hourly wage exceeds the $14.95 living wage rate.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
6
3 | MATERIALS ACCEPTED
Provide a detailed list, with pictures, of items accepted and not accepted as part of the collection program.
Material and Delivery Specifications
As a society, we understand that recycling is important, but in order for recycling to make an impact, we
have to recycle right. Today’s most successful and sustainable recycling programs emphasize the value
of the acceptable materials. We must ask ourselves, does this material have a viable market? If the
answer is yes, we must also ensure the material we are recycling is properly prepared, clean, and free
from contamination.
Our list of acceptable materials is reflective of today’s market reality and includes only materials that meet
industry quality standards and have viable market demands. However, due to the length of our Contract
with Orange County, it is important to allow for the possibility that this list may need to be adjusted at
some point. Contract language must support our collective need to make changes to acceptable materials
in order to respond to global market demands as well as protect the quality of material we process. In
light of these considerations, we propose the following contract language:
Single Stream Specifications
Recyclables must be dry, loose (not bagged), unshredded, empty, and include ONLY the following:
Aluminum cans News paper
PET bottles with the symbol #1 – with screw tops
only
Mail
HDPE plastic bottles with the symbol #2 (milk,
water bottles detergent, and shampoo bottles,
etc.)
Uncoated paperboard (ex. c ereal boxes; food and
snack boxes)
Plastic containers with the symbol #3-7, excluding
expanded polystyrene, empty
Uncoated printing, writing and office paper
Steel and tin cans Old corrugated containers /cardboard (uncoated)
Glass food and beverage containers – brown,
clear, or green
Magazines, glossy inserts and pamphlets
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
7
Non -Recyclables include, but are not limited to the following:
Plastic bags and bagged materials (even if
containing Recyclables)
Microwavable trays
Porcelain and ceramics Mirrors, window or auto glass
Light b ulbs Coated cardboard
Soiled paper, including paper plates, cups
and pizza boxes
Plastics not listed above including and unnumbered
plastics, including utensils
Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics
Hoses, cords, wires Yard waste, construction debris, and wood
Flexible plastic or film packaging and multi -
laminated materials Needles, syringes, IV bags or other medical supplies
Food waste and liquids, containers
containing such items
Textiles , cloth, or any fabric (bedding, pillows, sheets,
etc.)
Excluded Materials or containers which
contained Excluded Materials
Napkins, paper towels, tissue, paper plates, and paper
cups
Any paper Recyclables or pieces of paper
Recyclables less than 4” in size in any
dimension
Propane tanks, fuel cannisters
Batteries
Delivery Specifications
Material delivered by or on behalf of Customer may contain no more than fifteen percent (15%) Non-
Recyclables and may contain no Excluded Materials.
In the event Recyclables contain more than the allowable Non-Recyclables, Company shall charge and
Customer shall pay an Excess Contamination Fee for the percentage above the allowable Non-
Recyclables. The initial Excess Contamination Fee is one hundred fifty dollars ($150.00) per ton.
Old Corrugated Container Specifications
Customer represents and warrants that it shall provide old corrugated containers (“OCC”) in accordance
with the most current ISRI Scrap Specifications Circular: Guidelines for Nonferrous Scrap, Ferrous Scrap,
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
8
Glass Cullet, Paper Stock, Plasti c Scrap and any amendments thereto or replacements thereof for
OCC#11 (“Specifications”)
ISRI Scrap Specification for OCC#11
Consist of corrugated containers having liners of either test line, jute or kraft.
Prohibitive Materials may not exceed 1%
Total O utthrows may not exceed 5%
Outthrows is defined as: all papers that are so manufactured or treated or are in such a form as to be
unsuitable for consumptions as the grade specified.
Prohibitive Materials is defined as:
(a) any material which by their pres ence in a packaging of paper stock, in excess of the amount allowed,
will make the packaging useable as the grade specified.
(b) any materials that may be damaging to equipment.
(c) all sorted recovered paper stock must be free of food debris, medical or hazardous wastes and
poisonous or other harmful substances or liquids.
(d) wax is a prohibitive unless accepted and pre-approved by the Buyer.
Note: The maximum quantity of outthrows indicated in connection with the grade definitions is
understood to be the TOTAL of Outthrows and Prohibitive Materials.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
9
4 | SUBCONTRACTORS
This section must include a description of proposed involvement of subcontractors, including potential uses and responsibilities.
No subcontractors will be used to complete this work.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
10
5 | DATA MANAGEMENT
Contractor’s data management system for acquiring and tracking customer and materials data. Also includes what method will
be utilized to provide accurate reports by material to the County.
Waste Management, through the ReTI System, Cycle, Kronos time clock, and other state-of-the-art
software applications, offers automated report packages that will meet the internal daily requirements of
our compliance policies for safety, financial accounting, human resources (HR), volume, marketing,
maintenance and machinery, government regulations, and environmental, and health. Our robust
operating report protocols are aligned with the County’s requirements, and , in many cases, exceed them.
Our Report Management plan includes, at a minimum, the following report system, which is in compliance
with the Service Agreement operating procedures:
Facility Operating Reports
Purchase Orders
• Documentation of all facility purchases.
• This proof of purchase requires pricing of merchandise, approval
signature, and invoice reconciliation.
Daily Operating Log
• Daily production on all commodities processed per shift.
• Highlights hours worked, bales produced, tons processed, tons
shipped, composition of commodities processed, residue
shipped, daily inventory, tons received, tip floor inventory, and
the number of staff working on each shift for single stream and
commingle.
Production Report
Daily focus on downtime, residue percentage of incoming material, tons
per labor dollar, tons per man hour, tons per paid hour, tons per run hour
for commingle and paper.
Daily Equipment
Inspections (DEI)
• Daily inspection report on all rolling stock equipment.
• Purchases of all parts and supplies utilizing the Market Area
Procurement system.
• Reconciliation of account per individual purchaser at month’s
end.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
11
Payroll
• Automated payroll recording.
• Eliminates timecards by substituting a swipe card.
• Payroll can be monitored daily with automated pay schedules
weekly.
Inventory Reports Physical count of all commodities at month’s end.
Fuel Usage Fuel used for rolling stock equipment at month’s end.
MRF Revenue Report
• Monthly Documentation of all activity at the Facility.
• Focus on commodities shipped, composition of commodities
shipped, hauler’s report, mill buyers, revenue and revenue
shared expenses.
Monthly Reports
In addition, WMRA will provide the monthly report requirements to the County within 25 calendar days of
the end of each month. These reports will include:
1. Scheduled operating days
2. Shutdown days
3. Changes in operation
4. Type and quantity of material accepted, marketed, processed and disposed
5. Material Revenue received (broken down by type)
6. Electrical consumption, water consumption fuel consumption, wastewater discharge quantities
7. Maintenance summary
8. Anticipated operating schedule for the next month
9. Financial data
In addition, records will be kept of regulatory inspections, maintenance work, equipment, safety issues
and visitors logs and made available for inspection.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
12
6 | CURRENT AND PAST EXPERIENCE
This section must include a description of Contractor’s current and past experience providing services similar to those that the
County seeks. This section must include a list of clients to whom similar services have been provided within the past three (3)
years. The list of clients must include accurate name, phone number, and email address of contact person. Current and / or past
clients may be asked by County to provide reference for Proposer.
As a trusted environmental solutions partner for communities throughout North Carolina, we understand
our customers, their needs, and their requirements better than any other company. We provide service for
many of Orange County ’s neighbors. We have included these customers in the following list of
references. We encourage you to contact them so that you may learn firsthand about our excellent record
of service with other customers.
WMRA References
Customer Wilson County
Contact Andy Davis, Director, Solid Waste Services
Address P.O. Box 1728
Wilson, NC 27894
Phone / Email (252) 399-2823 | adavis@wilson-co.com
Material Recycled Single Stream
Approximate Volume
of Material Recycled 462.12 Tons in 2020
Customer Town of Cary
Contact Scott Hecht, Public Works Director
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
13
Address 400 James Jackson Ave.
Cary, NC 27513
Phone / Email (919) 469-4093 | Scott.Hecht@townofcary.org
Material Recycled Single Stream
Approximate Volume
of Material Recycled 11,917.16 Tons in 2020
Customer Town of Fuquay -Varina
Contact Tracy Stephenson, Public Works Director
Address 1415 Holland Road
Fuquay -Varina, NC 27526
Phone / Email (919) 753-1039 | tstephenson@fuquay-varina.org
Material Recycled Single Stream
Approximate Volume
of Material Recycled 2069.29 Tons in 2020
Customer Wake County, NC
Contact John Robertson, Solid Waste Management Director
Address 337 S. Salisbury St.
Raleigh, NC 27601
Phone / Email (919) 856-6365 | John.Roberson@wakegov.com
Material Recycled Single Stream, Loose and Baled Cardboard, & Rigid Plastics
Approximate Volume
of Material Recycled 3130.27 Tons in 2020
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
14
WM Transfer Station References:
Customer Orange County
Contact Robert Williams
Address 1207 Eubanks Rd.
Chapel Hill, NC 27516
Phone / Email 919-918-4904 | rwilliams@orangecountync.gov
Length of Service Customer since July 2018
Customer Town of Chapel Hill
Contact Wendy Simmons
Address 405 Martin Luther King Jr. Boulevard
Chapel Hill, NC 27514-570
Phone / Email (919) 969-5123 | wsimmons@townofchapelhill.org
Length of Service Customer since May 2019
Customer Town of Carrboro
Contact Kristin Benoit
Address 301 W. Main Street
Carrboro , NC 27510
Phone / Email (919) 942-8541 | kbenoit@townofcarrboro.org
Length of Service Cust omer since August 2019
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
15
7 | TECHNICAL EXPERTISE
This section must include a description of Contractor’s technical expertise in the processing and marketing of recyclables.
Include in this section an explanation of Contractor’s knowledge and understanding of applicable laws, rules and regulations and
experience working with relevant regulatory agencies.
Local Recycling Experience and Capabilities
Recycling is a growing and dynamic movement - what material is in demand, how it is collected,
processed, and where a market exists is continuously evolving. As North America’s largest residential
recycler our focus is on running a recycling operation that is able to constantly adapt, advance, and be
sustained for future generations.
We can only accomplish this by being an active contributor to our industry, working together with key
stakeholders like Orange County, and leading the types of changes we believe are essential for current
and future recycling growth and viability. Our experience and expertise encompasses:
• Designing and Operating Material Recovery Facilities.
Since the late 1990s, we have gained invaluable experience
encompassing design, construction, operation, and
maintenance of source separated recycling facilities, single
stream operations, fiber-only plants, and commingled
containers -only processing plants. Nationally, our network
encompasses 143 recycling facilities, including 46 single-
stream recycling MRFs. Our investments in recycling include:
five new MRFs since 2018; 20 MRFs upgraded; and $42
million spent installing new and upgraded optical sorters and
robotics.
• Forging New Processing Technologies. Waste Management operations experts and engineers
have collaborated with American and international experts in material separation, image
recognition technology, advanced screen technology, high speed baling technology, and other
separating and cleaning techniques to continuously improve the efficiency and processing
capabilities of our MRFs. In total, Waste Management facilities handle upwards of 15 million tons
of recyclables in a single year and working together with our customers, communities, and
industry experts, we plan to reach 20 million tons in the year 2020.
• Benchmarking Recycling Education Best Practices. Through our municipal partnerships,
green technologies, and community education, Waste Management has introduced and promoted
innovative recycling and diversion methods to residential and commercial customers throughout
Over the past two years we
have invested more than $200
million in capital investments in
our MRFs and by 2023 we
estimate 93 percent of single
stream recycled materials will
be processed in new or
upgraded MRFs.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
16
the country. We launched what is now Waste Management’s recycling education program,
Recycle Right, a national research and fact-based behavior change program to improve
recycling. Tailored to your residents and your business community, Recycle Right delivers the
tools, resources, and information to simplify recycling and effectively drive participation and
decrease contamination.
Our dependable operations are overseen by a highly qualified group of Waste Management employees
with experience in the daily operation of recyclable collection, processing and transfer. The team we have
assembled for Orange County represents top leaders at all levels – from plant management to commodity
sales.
We are excited to introduce Orange County to our brand new Raleigh Materials Recovery Facility. Please
see Section 9 for more information.
Material Markets
The Demand for Recyclable Material - A World Economy and its Local Impact
Every day we work with customers like Orange County to collect, transport, and sort recyclables, but
these local efforts are supported by global economic trends. When economies are thriving, people buy
more, which increases the demand for recyclables that are used to produce new products. Also, when
fuel prices are high there is a greater demand for recyclable petroleum-based products such as plastic
bottles. Such economic factors and the overall strength of the global economy drive demand for
recyclable material, the growth of single stream recycling infrastructure, and the expansion of collection
programs at the local level. While a global market has supported recycling growth, it also means that
market conditions – both positive and negative – are a reality that we must constantly manage in
collaboration with our customers.
Waste Management Material Marketing – A Team that Supports Global and Local
Marketplaces
As recycling programs and the ease of single stream recycling has been rapidly adopted throughout
North America, the growth in recycling tonnage collected and processed has increased our supply of
clean recyclables and has supported growth of a global comm odity market. Today, Waste Management
exports a third of the paper we collect to four continents.
Since 2012, Waste Management has been able to sustain recycling programs through a persistent
decline in commodity markets. We have relied heavily on the experience, relationships, and proactive
efforts of our material marketing team. Our team consists of approximately 150 employees in the United
States and Canada and nearly 25 team members stationed overseas. Their expertise in securing homes
for our customers’ materials, even during difficult economic times, has proven to be invaluable for the
success of America’s recycling programs.
Waste Management’s material marketing team supports each major International export market including
China, Latin America, South America, and India. In addition to marketing to international customers, we
seek opportunities to provide quality feedstocks to support local projects and markets and we are
committed to developing local markets where it benefits the community and our customers. We target
new markets based on global growth trends (GDP), new regulations, and the path of manufacturing. Both
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
17
locally and globally, our team works directly with all end consumers, cutting out the middleman and
maximizing our ability to market material to its highest and best use.
One key component of our materials marketing success is our team’s preemptive approach to tracking
shifts in end -user demand and quality expectations. We work closely with our MRF operations teams to
define changes in s pecifications and quality standards needed to market material. This allows our
operations team to confirm the processing standards we utilize to yield material that can be sold.
Waste Management’s materials marketing team will consistently and aggressively:
• Explore all potential short and long-term material sales options
• Maintain an accurate and detailed compilation of end markets, market opportunities, and material
market specifications
• Negotiate and sell materials in an honest, forthright manner to our c ustomers, for the best
possible prices on behalf of our projects
• Provide material marketing services that meet Orange County’s requirements and help sustain
the dependability and long-term sustainability of Orange County’s program.
Supporting our international marketing team is Waste Management’s logistics and export capabilities and
network. Waste Management is one of the largest exporters from United States ports by number of
containers – we stay ahead of changing export requirements to prevent delays in moving material and we
have built the structure, knowledge, and ability to export materials effectively and efficiently.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
18
Following the Path of Our Commodities: Sustainable Outlets Growing Domestically
Over 60 percent of our recycled paper and 100 percent of our processed residential recyclable plastics are
marketed to North America and we are continually creating more markets in North America.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
19
8 | TRANSITION PLAN
Include detailed transition plan from current recycling processor that describes plans and schedule of events for the provision of
services. The transition plan will serve as an attachment to the approved contract once approved by the County.
Commitment to a Successful, Stress-Free Service Transition
Waste Management understands that changing materials processing partners may seem daunting. But
with your Waste Management team, it will not be a stressful experience.
The goal of our implementation plan and process is to ease your transition worries by listening to your
needs and using what our experience has taught us. We prepare for each of our implementations by
assembling a fully-staffed transition team that can navigate through and tackle all the details. Your
transition team will have access to all t he resources available through Waste Management to smoothly
execute your transition.
We have introduced our services to many communities and we have seen that a successful transition
more often than not recognizes that:
• Your community needs a customized plan. We value the fact that Orange County is different
and has specific service requirements and goals. We have learned that taking the time to ask
questions, listen, and appreciate unique customer needs results in a smoother implementation.
Together, we will anticipate and overcome hurdles before they become challenges.
• Relevant local experience is key. Our local team has expertise in new contract start-ups and
relevant local experience with neighboring communities.
• A smart approach includes proven processes and technologies. From operations to
customer service, you will find tested processes and innovative new technologies that allow us to
bring Orange County a level of service reliability and customer satisfaction that is truly
unmatched.
Working with you, we are committed to a smooth introduction of Waste Management, our employees, and
our collection services to the Orange County community.
Know Our Customers – It All Starts with Data Integrity
Although the services we provide in each community may differ, some core competencies make a
significant impact on our customers’ experiences during a transition of service providers. First, we must
confirm that we have accurate data. Second, we need to capitalize on our ability to communicate and
resolve questions through multiple communication c hannels.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
20
Accurate service and contact information will allow all aspects of a service transition to go smoothly.
Waste Management will work with the prior processor to coordinate an initial transfer and periodic
updates of data throughout the contract transition period.
Prior to new contract implementation, we will work with Orange County to establish ongoing data transfer,
service reporting, and county -billing protocols. This will allow future data transfers and account queries to
occur seamlessly between Orange County and Waste Management.
Throughout the transition, our Public Sector team will also be available to attend Orange County
informational meetings to provide updates and address questions from county staff and the community.
Contract Compliance and Reporting
Our Contract Compliance team will play an integral role in implementing new services in Orange County.
As part of our implementation team, they provide oversight so that transition and contract implementation
are conducted in accordance with contract terms. Specifically, the Contract Compliance team will:
• Develop a comprehensive compliance checklist that will be used during implementation
• Establish ongoing data reporting protocols
• Review, adjust, and audit rates per contract specifications
• Conduct internal contract compliance audits
Implementation Meetings, Coordination and Course Correction
Waste Management’s internal Orange County team will meet weekly throughout planning and
implementation. At the onset, these meetings will include our regional team of experts. As the contract
start date approaches, the local district operations team will meet daily to review the most critical
components of service delivery.
Our team is committed to keeping Orange County informed of our implementation progress, and we will
ask for your feedback as we customize our transition efforts to reflect the needs of your community. From
the onset of our t ransition, we propose meeting with Orange County staff regularly to review key
implementation milestones, our progress, and any proposed changes. We can start with monthly
meetings initially, and increase the frequency, if needed.
In addition to our int ernal meetings and meetings with staff, it is important for us to coordinate closely with
your outgoing service processor. From our experience, the outgoing service processor has been
cooperative and helpful during contract transitions, and we often make t heir exit easier and more efficient.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
21
9 | FACILITIES
Facilities to be used to process / manage collected recyclable materials
WMRA is excited to present our new Raleigh Materials Recovery Facility (MRF) to process Orange
County’s recy clables. Our state-of -the-art Raleigh MRF commenced operations in December, 2020 and
was fully operational in January, 2021. This 42,000 square foot, brand new facility leads the recycling
processing industry with emerging technology that focuses on efficiency. Some of the operational
elements of this MRF include:
• Two (2) non-wrappable fiber screens
• Optical plastics s orter
• Optical paper s orter
• Automated bunker storage system with
laser measurement
• Two (2) top -of -the -line balers, one (1) for
old corrugated cardboard (OCC) and one (1) for all commodities
• Split-wall conveyor to feed glass and residue into our WM Transfer Station glass bunker and
municipal solid waste (MSW ) tip floor
• Shared OCC and s ingle stream recyclable tip floor with technology to ensure industry-leading
safety and material grading
• Fire Rover AI-driven fire suppression system
• Tip floor equipped with RTZ 1080p auditing cameras that can be controlled and monitored 24/7
remotely
• A second s cale will be installed in Q2 of 2021 to enable more efficient traffic pattern for the
weighing process
• 15 tons per hour processing of SSRY and 15 tons per hour of c ardboard processing
• Significant increased capacity from the Capital B oulevard MRF to support the ever-growing
triangle population
• Square f ootage: 42,000
• Estimated number of employees per shift: 25
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
22
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
23
25% and 50% Annual Load Reduction Scenarios – Diesel Fuel Savings and Annual GHG
Emissions Savings
• The round trip truck mile savings of the recycling material going to WM MRF versus Sonoco MRF
is 18.1 miles x 2 = 36.2 miles per load.
• Total transfer loads: 1,380 loads per year.
• 25% reduction of those loads represents 345 loads per year
o 345 x 36.2 mile savings per load = 12,489 truck miles per year savings
o At 5 miles per gallon assumed collection vehicle fuel efficiency, that equates to annual diesel fuel savings of 2,497.8 gallons
o Using the GHG Protocol Mobile Combustion GHG Emissions Calculations tool, the
annual GHG emissions savings associated with 12,489 less round trip truck miles would be: 25.37 MTCO2e (metric tons of carbon dioxide equivalent)
• 50% reduction of those loads represents 690 loads per year
o 690 x 36.2 mile savings per load = 24,978 truck miles per year savings
o At 5 miles per gallon assumed collection vehicle fuel efficiency, that equates to annual
diesel fuel savings of 4,995.6 gallons
o Using the GHG Protocol Mobile Combustion GHG Emissions Calculations tool, the annual GHG emissions savings associated with 24,978 less round trip truck miles would
be: 50.74 MTCO2e (metric tons of carbon dioxide equivalent)
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
24
10 | PRICING
Pricing Proposal – Attachment B
1. Proposal
Processing Fee: A Processing Fee of $101.00 per Ton shall be charged on 100% of the inbound
tonnage delivered.
Contamination Handling Fee: A contamination handling fee to process and dispose of contaminants
contained in inbound deliveries will be *$150.00* per Ton.
*Only applicable on loads contai ning over 15% of Non-recyclable allowance in inbound SSRY
loads and over 5% in inbound OCC loads*
Revenue Share: Vendor shall pay Orange County Solid Waste ____ %of the amount of the AMV
remaining after deducting Processing Fees, for each Ton of inbound Program Recyclables delivered
during that month. The Revenue Share shall be fixed for the life of the contract.
In lieu of previous, Revenue Share, please use the following calculation: Vendor shall pay Orange County
Solid Waste 80% of the amount of the **AMV** remaining BEFORE deducting Processing Fees, for each
Ton of inbound Program Recyclables delivered during that month. The Revenue Share shall be fixed for
the life of the contract.
**Please note that AMV will be based on actual outbound revenue on each commodity sold
monthly and AMV commodity percentages will be determined through inbound composition audits
of Orange County Solid Waste SSRY Inbound tons**
March 2021 SSRY Tip Fee = $7.05 per ton charge based on Composition Study provided in
RFP
Corrugated Cardboard Pricing:
Old Corrugated Cardboard (OCC): The County provides separated OCC collection from schools and
commercial businesses.
The Vendor shall provide a per ton rate calculated at 100% of the Southeast USA regional average prices
per Corrugated Containers (PS11) first posted less $35.00 vendor processing Fee.
March 2021 OCC Rebate = $55.00 per ton rebate
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
25
Solid Waste/Trash Disposal Pricing
Raleigh Transfer Station: MSW is $47/ton
Great Oak Landfill: MSW rate is $28/ton
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
26
Contaminants Proposal
Non -Recyclables include, but are not limited to the following:
Plastic bags and bagged materials (even if
containing Recyclables)
Microwavable trays
Porcelain and ceramics Mirrors, window or auto glass
Light b ulbs Coated cardboard
Soiled paper, including paper plates, cups
and pizza boxes
Plastics not listed above including and unnumbered
plastics, including utensils
Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics
Hoses, cords, wires Yard waste, construction debris, and wood
Flexible plastic or film packaging and multi -
laminated materials Needles, syringes, IV bags or other medical supplies
Food waste and liquids, containers
containing such items
Textiles , cloth, or any fabric (bedding, pillows, sheets,
etc.)
Excluded Materials or containers which
contained Excluded Materials
Napkins, paper towels, tissue, paper plates, and paper
cups
Any paper Recyclables or pieces of paper
Recyclables less than 4” in size in any
dimension
Propane tanks, fuel cannisters
Batteries
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
27
Exceptions
1.We respectfully request an opportunity to meet with Orange County staff to discuss our submitted offer
during the evaluation process.
2. WM Recycle America, LLC & Waste Management of Carolinas, Inc. reserves the right to negotiate a
mutually acceptable final contract with the County prior to beginning service.
3. WM Recycle America, LLC & Waste Management of Carolinas, Inc utilizes the CPI-WST (water, sewer,
trash) index for annual price adjustments. This index is the most accurate index for waste and recycling
services. The index was created by municipalities specifically for municipal services involving water,
sewer, and trash. CPI adjustments are not inclusive of landfill rate increases or governmental regulation
changes which result in increased cost.
4. We will make our best effort to ensure speedy unloading time and priority services.
5. Above 15% above contamination will be billed at $150 per ton disposal charges
6. We are happy to discuss co-sponsored community events, to be negotiated if awarded this contract.
7. Please note that any composition testing is inbound testing, not processed testing.
8.Waste Management Recycle America, LLC requires 60 days between awarded date and start date to
allow adequate time for hiring additional staff, as needed.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
28
11 | FINANCIAL CAPABILITY AND INSURANCE
This section must include an indication of financial capability for handling services to be delivered, including Insurance Coverage.
Insurance coverage requirements are listed in the County Contract, Services Agreement RFP/RFQ.
Financial Strength: The Foundation for Our Commitment
As a wholly –owned, indirect subsidiary of Waste Management, Inc., Recycle America Co., L.L.C. does
not report financial results. All financial reporting occurs through our parent entity. As a publicly traded
company, Waste Management is held to the most stringent regulations for accurate and timely financial
disclosure.
Revenue in 2019 was $15.46 billion, and Waste Management has an asset base of $27.7 billion. The
company generates strong and consi stent cash flow and has access to an extensive line of credit. Waste
Management’s financial strength is the foundation for our
commitment to serve our customers, perform our obligations,
and protect the environment in carrying out our broad waste
management services.
Waste Management has achieved solid investment-grade credit ratings from three major rating agencies.
Most recently, the company has been assigned ratings of A -/A-2 by Standard & Poor’s, BBB+ by Fitch,
and Baa1 by Moody’s. The ratings are based on expectations that management will maintain good
liquidity, pursue a moderate financial policy, and allocate capital in a disciplined manner. The credit
outlook from each agency for Waste Management is characterized as stable.
Waste Management’s financial strength, as summarized above, gives Orange County assurance that we
can and will fulfill our obligations.
• Waste Management is committed and financially able to perform all operations in full compliance
with applicable federal, state, and local regulations and to provide clear documentation of that
compliance.
• Waste Management offers the most extensive network providing waste management services in
North America, including transportation, disposal, treatment, recovery, remediation, waste
identification, and several other specialty services. This network enables us to provide a single
source of responsibility, from transportation through disposal of waste.
• Typically, new capital requirements are internally financed by Waste Management using cash
flow from existing operations - freeing our new trucks, carts, containers, and facility investments
from the timelines and terms of third-party creditors.
Full financial results are available on
our website at investors.wm.com.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
29
Waste Management's financial strength helps us to continually advance services for all of the customers
we serve, including Orange County , and we are committed to maintaining that strength.
Certificates of Insurance
Waste Management secures gold-standard insurance coverage to protect our partners. Going above and
beyond, we provide environmental site liability coverage, which covers all active sites that are owned or
operated by Waste Management. It offers third-party liability for bodily injury and property damage, and
off-site clean-up coverage, coverage for both sudden and non-sudden pollution inci dents, and
transportation coverage including the loading and unloading of the vehicle. Orange County can rest easy
with Waste Management as your service provider knowing that you are always protected by best -in-class
insurance. Copies of our certificates of insurance are included on the following pages.
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
30
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
31
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
32
12 | E-VERIFY AFIDAVIT
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
33
13 | IRAN DIVESTMENT ACT CERTIFICATION
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
34
14 | NONDISCRIMINATION CERTIFICATION
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Orange County
367-OC5310 - Recycling Processor
35
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
36
15 | ADDENDA ACKNOWLEGEMENT
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
37
ADDENDUM 1
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
Finance Services Department – Purchasing Division
Addendum No 1: Answer to Questions
March 23, 2021
ORANGE COUNTY RFP No 367-OC5310
RECYCLING PROCESSOR
To All Interested Providers:
1. In section 1.2, OCC is defined as grade PS 11 baled. Please clarify attachment B
pricing for OCC if it is baled or unbaled.
Answer: The OCC is unbaled.
2. Please provide your tonnages for the last 12 months, breakdown by commodity, if
possible.
Answer: Recycling tonnages broken down by commodity are not available.
Tonnages by month are:
July-20 1055.58
Aug-20 998.87
Sep-20 1026.46
Oct-20 1031.75
Nov-20 964.37
Dec-20 1117.84
Jan-21 988.63
Feb-21 836.55
Jan-20 1169.26
Feb-20 922.27
Mar-20 1059.74
Apr-20 1127.03
May-20 1063.19
Jun-20 1105.47
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
3. Please provide your most recent monthly rebate/processing fees
breakdown/summary
Answer:
Weighted Average
Price
MATERIALS CURBSIDE
CURBSIDE
TONS PRICE RECVD TOTAL
ALLOCATIONS COLLECTED PER TON VALUE
GLASS 22.02% 220.20 ($35.00) ($7,707.00)
ALUMINUM CANS 2.29% 22.90 980.00 $22,442.00
STEEL 3.10% 31.00 35.00 $1,085.00
HDPE Color 2.15% 21.50 375.00 $8,062.50
HDPE NATURAL 1.39% 13.90 1,330.00 $18,487.00
PET 5.26% 52.60 140.00 $7,364.00
Mixed Paper (PS 1) 37.81% 378.10 27.50 $10,397.75
Plastics 3-7 0.83% 8.30 (30.00) ($249.00)
OCC (PS 11) 13.11% 131.10 67.50 $8,849.25
Trash 12.04% 120.40 0.00 $0.00
100.0000% 1,000.00
$68,731.50
Weighted Average Price
$68.73
Dollar for dollar reduction under $105 proportional to decrease in WAP
Base Rebate (charge)
Revenue Share / Charge
-$36.27
Total
($36.27)
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
ADDENDUM ACKNOWLEDGEMENT
Initial and add this page to your bid proposal response
Addendum No 1 -wt#-'-+-t---1-----
Addendum No 2 __,_mi-J-'-'--+4------
Addendum No 3
Addendum No 4 ------
DocuSign Envelope ID: B04ECF89-C776-496E-B171-26200EC380B9DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C
DocuSign Envelope ID: 74AC82FB-6B61-4F7C-BEDC-A1C3DB19140C