HomeMy WebLinkAboutAgenda 06-03-2025; 8-o - Contract Approval for Recycling and Municipal Solid Waste Processing 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 3, 2025
Action Agenda
Item No. 8-o
SUBJECT: Contract Approval for Recycling and Municipal Solid Waste Processing
DEPARTMENT: Solid Waste
ATTACHMENT(S): INFORMATION CONTACT:
Contract Robert Williams, 919-918-4904
PURPOSE: To approve and authorize the County to enter into a contractual agreement with WM
Recycling America, LLC and Waste Management of Carolina, Inc., to provide Recycling material
processing and Municipal Solid Waste (MSW) disposal services.
BACKGROUND: Orange County Solid Waste Management's contract for Recycling material
processing and Municipal Solid Waste disposal services expires on June 30, 2025. The County
issued a Request for Proposals (RFP) 367-OC-5451 on February 4, 2025. All four(4) submissions
were reviewed by the evaluation committee consisting of Cheryl Young, Jason Dunn, and Bruce
Woody. Initial thorough review concluded that WM Recycle America, LLC and Waste
Management of Carolina, Inc. were the best options for the County, and the panel conducted a
follow-up interview based on that determination.
The consensus of the evaluation panel was that WM Recycle America, LLC and Waste
Management of Carolina, Inc. have excellent facilities for the processing of recyclables and
disposing of MSW, and a convenient, cost-effective location, coupled with an overall superior
pricing structure and rate for the services needed, particularly when combined into one (1) service
provider. WM Recycle America, LLC and Waste Management of Carolina, Inc. are the current
processors for the County, and there will be no changes in the materials being recycled currently,
nor any materials removed.
Should new materials become available to recycle, both parties are amenable to discussing the
possible market value and sourcing of the material to be included in the contracted list of
recyclables. The initial contract term would be for five years from July 1, 2025, through June 30,
2030; with the option to extend the contract for two (2) additional two-year terms.
FINANCIAL IMPACT: The financial impact will be $3,574,773 for Recycling processing and
$3,127,761 for MSW disposal over the initial five-year term. The total impact for the five-year
initial term is not to exceed $6,702,534.
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COMPARISON OF PRICING AND COSTS:
Current Pricing:
Recycling: $104.44 per ton for processing recyclable material
Municipal Solid Waste: $57.44 per ton (plus $2 tax)
CPI Increase: 3.5% Max
New Pricing:
Recycling: $100.25 per ton for processing recyclable material
Municipal Solid Waste: $58.94 per ton (plus $2 tax)
CPI Increase: 4% Max (starts in 2nd - 5th year)
Current Costs (anticipated through June 30, 2025):
The County's FY 2024-25 anticipated costs are:
Recycling $256,188
MSW $613,307
Total $869,495
New Costs (estimated first year) FY 2025-26:
Recycling $660,000
MSW $578,930
Total $1,238,930
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 2. Invest in our infrastructure to reduce the environmental impact of the
County fleet/facilities and improve safety.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
County to enter into a contractual agreement with WM Recycling America, LLC and Waste
Management of Carolina, Inc., to provide Recycling material processing and Municipal Solid
Waste (MSW) disposal services, and authorize the Manager to sign the contract for Recycling
and Municipal solid waste processing and disposal as set forth in the RFP.
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[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
SERVICES AGREEMENT RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 1st day of
July 1, 2025, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina(hereinafter,the"County")and WM Recycling America,
LLC, and Waste Management of Carolina, Inc., (collectively 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 Providing Recycling and Municipal Solid Waste
processing and disposal Services at their facilities in Morrisville, NC per
Attachment I, II, and III.
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
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performance of these services. Provider is solely responsible for the professional
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.
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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 367-005451 for "Recycling and MSW
Processing and Disposal" issued February 4, , 2025, and the Provider's proposal,
which are fully incorporated and integrated herein by reference together with
Attachments I, II, and III (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. 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, 2025 to June 30, 2030 with two
two year extensions.
b. Scheduling of Services
i) The Provider shall schedule and perform its activities in a timely manner.
(Rev. 5-6-25)
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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, 2025.
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 Six Million, Seven Hundred Two Thousand, Five Hundred,
Thirty Four ($6,702,534); Three Million, Five Hundred, Seventy Four Thousand, Seven
Hundred Seventy Three Dollars($3,574,773)for Recycling processing and Three Million,
Thirty-Two Thousand, Seven Hundred Sixty One Dollars($3,032,761)for municipal solid
waste disposal, total Dollars ($6,702,534). 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. (Rev. 5-6-25)
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 the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing division/contracts.php.) If
County's Risk Manager determines additional insurance coverage is required such
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additional insurance shall consist of N/A(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. This Agreement may be terminated without cause by either
party and for such parry's convenience upon ninety (90) days prior written notice to the
other. (Rev. 5-6-25)
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 parry 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. 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, and the affected party shall
be excused from performance during the occurrence of such events. Both parties shall
remain responsible for all payments 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. (Rev. 5-6-25)
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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. 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. (Rev. 5-6-
25)
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. 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. (Rev. 5-6-25)
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. There are no third-party beneficiaries of this Agreement and
nothing in this Agreement, express or implied, is intended to confer on any person other
than the parties hereto (and their respective successors, heirs and permitted assigns), any
rights, remedies, or obligations.
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
Orange County policy is incorporated herein by reference) 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
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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. (Rev. 5-6-25)
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with
respect to any provision of, or the performance or non-performance of, this Agreement
shall be brought in the General Court of Justice of North Carolina sitting in Orange
County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be
initiated by either Party, however, the Parties may agree to nonbinding mediation of any
dispute prior to the bringing of a suit or action.
e. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or things
shall become the property of the County and may be used on any other project without
additional compensation to the Provider. The use of the documents, items or 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 or 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 or 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.
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
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shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11A and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail,return receipt requested to the following:
Orange County Provider's Name &Address
Attention: Solid Waste Director WM Recycle America LLC
P.O. Box 8181 1001 Fannin St Ste 4000
Hillsborough, NC 27278 Houston, TX 77002
Waste Management of Carolinas, Inc.
Ballantyne Two
13777 Ballantyne Corporate Place,
Ste. 320
Charlotte, NC 28277
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:
County Manager
Printed Name and Title
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ORANGE COUNTY-INTERNAL USE ONLY
Finance Information
Vendor Name: M Recycle America LLC Vendor Contact Person: Joy Jones Phone: 910-297-2502 Address:
10415 Globe Rd City Morrisbille, State:NC Zip: 27560 Department: Solid Waste Amount: $6,702,534 Purpose:
Recycling and MSW Processing&Disposal Budget Code(s): 50352020-682005 Recycling Processing&
50353020-682000 MSW processing Vendor#65312
Vendor Status with NCSOS:Active Vendor is a BOCC consultant: ❑Yes ®No
Contract Details
Contract Type: ®New ❑ Amendment(Original Contract: )(Most Recent Amendment )
Effective Date July 1,2025 End Date June 30,2030 Notice Date (Notice Purpose )
Award
® Approved by Board(Agenda Date: ❑ Made or Administered by
Signature Authority
- ❑ BOCC Express Delegation(Agenda Date:
- Policy 9.4: ❑Under$5,000; ❑ Service Under$90,000; ❑ Construction Under$250,000
- ❑ Budget Policy Section XV(Capital Improvement Project:
Bidding
❑ Informal Bidding($30k-$90k); ® Formal RFP($90k+); ❑ Other(<$30k); ❑ Exception(#----)
Department Affirmation
® 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.
❑ This agreement is approved as to technical form and content. Services related to this agreement have already
begun or been completed.Description of the nature of the emergency condition that was addressed:
Department Director's Signature Date:
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer Date:
®Inapplicable because no hardware/software purchases or related services
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
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:
Received for record retention:
Office of the Clerk to the Board Date:
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ATTACHEMENT I
ORANGE OUNTY
NORTH CAROLINA
Request for Proposals (RFP) No 367-005451
Recycling Processor and/or
Municipal Solid Waste Disposal
Date of Issue: February 4, 2025
Non-Mandatory Virtual Pre-Bid Conference: February 13, 2025
Proposal Submission Deadline: March 3, 2025, at 3:00 pm
Orange County North Carolina
Jovana Amaro
Purchasing Agent
finance-purchasing@orangecountync.gov
919-245-2651
Electronic responses ONLY will be accepted for this solicitation.
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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 RFP 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 REGISTRATION WITH THE SECRETARY OF STATE FOR NORTH CAROLINA............................................6
1.11 OPTIONAL PRE-PROPOSAL CONFERENCE............................................................................................6
1.12 CONTRACT TERMS ...............................................................................................................................7
1.13 PURPOSE OF SOLICITATION .................................................................................................................8
2. SCOPE OF WORK FOR RECYCLING PROCESSING......................................................................................8
3. PROPOSAL REQUIREMENTS FOR RECYCLING PROCESSOR....................................................................... 13
3.1 PROPOSAL SUBMITTAL..................................................................................................................... 13
3.2 PROPOSAL ACCEPTANCE......................................................................................................................... 15
3.3 SELECTION PROCESS............................................................................................................................... 15
4.0 SCOPE OF WORK FOR MSW DISPOSAL..............................................................................................................15
ATTACHMENT A- IRAN DIVESTMENT ACT CERTIFICATION .......................................................................... 18
ATTACHMENT B- PRICE PROPOSAL.............................................................................................................. 19
ATTACHMENT C-ADDENDUM ACKNOWLEDGEMENT.................................................................................. 20
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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 coverages 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 at httos://www.oranP-ecountync.gov/bids.asr)x 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
email:finance-purchasing@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 Department on February 13, 2025, at 10am.
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.
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1.1.16 Orange County supports a living wage of $ 17.65 per hour. Please indicate on
the bid form whether any workers on this job will make less than $ 17.65 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.
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 Recycl ingMarkets.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.
COUNTY'S RESPRESENTIVE-The main contact person between the Contractor and the County as
it relates to contract management, issues, scheduling, questions, etc.
MSW: Municipal Solid Waste.
OCC: Old Corrugated Cardboard, grade PS 11 baled, F.O.B. seller's dock.
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PROCESSING FEE:The dollar amount per ton charged on all recyclables delivered by OCSW to the
Contractor.
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 RFP SCHEDULE
A detailed schedule can be found in page 7
1.6 APPLICATION SUBMISSION PROCESS
One electronic copy of this application, and all relevant materials, must be received by 3 pm on
the deadline date. Faxes are not accepted. One electronic copy should be submitted by e-mail
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finance-purchasing@orangecountync.gov. When submitting your proposal by e-mail, you must
have a reply from Orange County acknowledging receipt of proposal.
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 bythe 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 Jovana Amaro at finance-
purchasing@orangecountync.gov .The deadline for questions is February 17, 2025. 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 at
https://www.orangecountync.gov/bids.aspx. 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 this RFP is March 3, 2025, at
3:00 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 all the 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 REGISTRATION WITH THE SECRETARY OF STATE FOR NORTH CAROLINA
Any firm wishing to be considered for the contract for the requested services must be properly
registered with the Office of the Secretary of State at the time of submission of the RFP.
1.11 OPTIONAL PRE-PROPOSAL CONFERENCE
A non-mandatory pre-proposal conference is scheduled to be held virtually on February 13, 2025,
at 10:00 a.m. by the Orange County Solid Waste Department. Following is the link to join the
meeting.
Recycling Processor Virtual Pre-Proposal Conference:
Please join my meeting from your computer,tablet, or smartphone.
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Microsoft Teams Need help?
Join the meeting now
Meeting ID: 211 051 678 069
Passcode: v6kD6ei9
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. https://www.orangecountync.gov/bids.aspx
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 February 4, 2025
Non-mandatory Pre-Proposal Conference February 13, 2025, at 10:00 am
Last Day to Submit Questions February 17, 2025, by 5:00 pm
Provide Response to Questions February 24, 2025
Proposals Due March 3, 2025, at 3:00 pm
Interview Qualified Contractors TBD
Recommendations to Board of County TBD
Commissioners
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 five(5)years, proposed to be on or before July
1, 2025, through June 30, 2030. At the close of the initial five (5)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.
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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
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 tasks 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") and to additionally contract for the disposal of waste. The waste
disposal bid may be included with any entity proposingto serve as the County's recycling processor
or an entity may submit solely on the waste disposal. Waste Disposal is intended to establish a
tipping fee for the County to bring MSW for ultimate disposal and management by the bidder
2. SCOPE OF WORK FOR RECYCLING PROCESSING
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
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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, excluding glass collected as part of
the Glass on the Side program ("GOTS");
• All materials that are collected by a private hauler under contract with OCSW(excluding
GOTs); and
• All materials, excluding GOTS, 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, 2025.
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 co-mingled 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 OCSW 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, Martin Luther King Jr. Day, Good Friday, Memorial Day,Juneteenth, Independence Day, Labor
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.
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2.3 RECYCLABLES MATERIAL QUALITY AND COMPOSITION
Orange County Recycling Composition
Example
GLASS 9.99%
UBC 1.20%
STEEL 1.09%
HDPE Pigment 1.18%
HDPE NATURAL 0.81%
PET 3.16%
Mixed Paper 43.36%
Mixed Plastics #3-7 0.85%
#110CC 28.86%
Residue 9.51%
OCSW cannot guarantee actual composition. The numbers presented are the composition
established via audit by the current recycling processor but are not a guarantee of current single
stream commodities; they shall be used to allow the Contractor to provide comparable response
to this RFP.
The Contractor may utilize these numbers for composition breakdown on contract initiation or sixty
(60) days prior to the effective date of the contract, request that the County deliver six (6)tons of
material to the Contractors facility that will be used to obtain a current measurement of the
composition of program recyclables collected by the County which numbers shall then be used to
establish the commodity breakdown. County shall have the right to have staff on sight to monitor
the sorting by Contractor undertaken to determine the percentage of materials.
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.
2.3.1 Processing. Transporting and Marketing
The Contractor shall bear all costs associated with processing,transporting and marketing
of Recyclable Materials.
2.4 PUBLIC EDUCATION
The Contractor will aid 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.
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2.5 SPECIAL EVENTS SPONSORSHIP
The Contractor shall sponsor, 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 sub-contractor.
Sponsorship shall be provided as a credit on the October invoice each calendar year.
2.6 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.
2.7 INSPECTIONS
OCSW has the right to make periodic inspections of any facility that the Contractor uses to process
material received from the County.
2.8 REPORTING
The selected Contractor will be required to provide monthly, and annual reports to OCSW of the
total quantities of recyclables accepted and associated processing fees for recyclables and
recycling revenues.
2.9 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, if any.
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 Recycli ngMa rkets.net.
Contamination Handling Fee: The fee to process and dispose of contaminants contained in
inbound deliveries.
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Processing Fee means the dollar($)amount per ton charged on all recyclables delivered by OCSW
to the Contractor.
Rebate means the amount of money owed by the Contractor to OCSW if the payment formula finds
the value of the revenue share exceeds the processing fee and contamination handling fee.
Revenue Share means the percentage of AMV to be reimbursed to OCSW.
OCC means Old Corrugated Cardboard, grade PS 11 baled, F.O.B. seller's dock
Fee Calculation Example
Note:The AMV Calculation tables on the following page are used for estimation purposes only.
Processing Fee:A Processing Fee of dollars($ ) 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 87.46)-($30.00 x 9.51%) -$104.44 = ($37.33/Ton) Fee Paid by
Orange County to Contractor. Please NOTE: The County operates a "Glass on the side program".
Glass collected separately will not be sent to the recycling processor. Glass included in single
stream is currently estimated to make up 9.99%of the County's single stream recycling.
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Commodity Price Chart
Material Type Allocation Percent Price per ton AMV per ton
Glass 9.99% ($28.97) ($2.89)
UBC 1.20% $1,289.12 $16.78
Steel 1.09% $160.83 $1.76
HDPE Pigment 1.18% $158.08 $1.86
HDPE Natural .81% $1,323.01 $10.73
PET 3.16% $386.16 $12.20
Mixed Paper 43.36% $57.20 $23.37
Mixed Plastics#3-7 85% ($57.43) ($0.49)
#11 OCC 28.86% $102.60 $29.60
Residual 9.51% ($57.43) ($5.46)
100% $87.46
2.10 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.
3. PROPOSAL REQUIREMENTS FOR RECYCLING PROCESSOR
Submitted proposal must follow the following order and format:
3.1 PROPOSAL SUBMITTAL
Vendors shall populate all attachments of this RFP that require the Vendor to provide information
and include an authorized signature where requested. Vendor RFP responses shall include the
following items and those attachments should be arranged in the following order:
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 for Recycling
Provide a detailed list, with pictures, of items accepted and not accepted as part of the
collection program. ONLY materials that the processor can and will recycle should be
included on the list. For example, if there is not a known available market for clamshells,
they should not be included in the acceptable list.
3.1.4 Subcontractors
This section must include a description of the proposed involvement of subcontractors,
including potential uses and responsibilities.
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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/Past Experience and References
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.
3.1.7.1 Experience of Key Personnel and experience of subcontractors
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.
3.1.9 Facilities to be used to process/ manage collected recyclable materials.
3.1.10 Pricin
Firms may submit the pricing proposal for Option 1- Recycling Proposal, Option 2-MSW
Management Proposal or both.
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. Please include method that will be used to identify, and document
loads exceeding allowable contamination.
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.
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3.1.15 Orange County supports a living wage of$ _17.65 per hour. Please indicate on
the bid form whether any workers on this job will make less than $_17.65 per hour.
Complete the attached Orange Living Wage Contractor Policy and include it with your
submittal.
3.1.16 Addendum Acknowledgement(Attachment C)
3.1.17 Supplemental Vendor Information: Historically Underutilized Businesses form. Complete
the form and include it with your submittal.
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-10%
• Experience of Key Personnel and experience of subcontractors-5%
• Contractor's technical expertise, knowledge, and understanding of applicable laws,
rules, and regulations-10%
• Cost of Services-40%
• Facilities to be used to process/ manage collected recyclable materials-20%
• Financial capacity for handling services, including insurance coverage, and
Contractor's ability to protect County from liability-10%
• References-5%
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.
4. SCOPE OF WORK for MUNICIPAL SOLID WASTE DISPOSAL
4.1 GENERAL INFORMATION
OCSW is seeking qualified Responders to provide all facilities, equipment, labor and services
required forthe disposal of Municipal Solid Waste 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
• All materials, accepted at and hauled from an OCSW owned or operated Waste and
Recycling Centers, Convenience Center or Transfer Station.
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Contractors are required to accept MSW materials 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 1,2025.
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 MSW materials delivered to the agreed upon facility.The agreed upon facility shall
have sufficient capacity and availability for unloading, storage, transfer, or other disposal of
materials so as not to impair delivery of materials from OCSW.
The Contractor shall:
a. have a minimum of 5 years of experience disposal of MSW material,
b. have a minimum of 5 years of technical experience in the disposal of MSW material,
c. provide sufficient financial information to describe the financial condition and strength of the
company,
d. provide qualified staff to handle the day-to-day operations of receiving and disposal of material,
and
e. have the necessary facilities, equipment, and employees to operate a Transfer Station or other
facility to accept MSW material from OCSWM facilities.
4.2 MSW DISPOSAL
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 MSW on the
same day on which they are collected from all locations mentioned in the list of all materials
accepted under 4.1.At a minimum,the Contractor must be available to receive materials Monday
through Saturdayfrom 7:00 am until 4:00 pm,with holiday observances for New Year's Day, Martin
Luther King Jr. Day, Good Friday, Memorial Day, Juneteenth, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
Orange County Solid Waste shall generally deliver the MSW to the vendor facility.
The Contractor shall provide or act as MSW disposal facility for the materials during the term of
the Contract.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.
4.3 PROCESSING,TRANSPORTING AND MARKETING
The Contractor shall bear all costs associated with disposal when materials are delivered to the
vendor facility.
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4.4 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.
4.5 INSPECTIONS
OCSW has the right to make periodic inspections of any facility that the Contractor uses to dispose
material received from the County.
4.6 REPORTING
The selected Contractor will be required to provide monthly, and annual reports to OCSW of the
total quantities of MSW tons accepted and associated disposal fees.
4.7 INVOICING
The Contractor will provide monthly invoices to OCSW. The Contractor's invoices will show the
detailed calculation of the disposal Fee owed.
The invoice shall explicitly list the following elements for MSW Disposal:
• Current month tonnage disposed per day
• Rate per ton per day
• Disposal fee per day
• Summary of total tons per month
• Invoice shall be sent electronically to AP address
4.9 CONSIDERATIONS FOR THE FUTURE
The decision to make any of the proposed changes to County's disposal program is per the
County's discretion and is dependent upon approval of budgetary increase.
4.10 PROPOSAL REQUIREMENTS for MSW
Submitted proposal must follow the following the same order and format as listed in sections 3.1
of this RFP.
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SUBrodIT AU H PROPOSAL
ATTACHMENT A- IRAN DIVESTMENT ACT CERTIFICATION
Required By N.C.G.S.
1430-6:4-5(a')
Name of Contractor, Vendor or Bidder:
As of the date listed below,the contractor,vendor or bidder listed above,and all subcontractors
utilised by the contractor,vendor or bidder listed above,is not listed on the Final Divestment List
created by the State Treasurer pursuant to N.C.G.S. 143-6A-4.
The undersigned hereby certifies that he or she is authorized by the contractor,vendor or bidder
listed above to make the foregoing statement.
Signature Date
Printed Name Title
,Yutes to persons sign ir g this jonn:
N.C.G.S. 143C-6A-5(a)requires this certification for bids or contracts with the State of North
Carolina,a North Carolina local government, or any other political subdivision of the State of North
Carolina.The certification is required at the following times:
❑ When a bid is submitted
❑ When a contract is entered into fif the certification was not already made when the vendor
made its bid)
❑ When a contract is renewed or assigned
N.C.G.S. 143C-6A-5(b)requires that contractors with the State„a North Carolina local government,
or any other political subdivision of the State of North Carolina must not utilize any subcontractor
found on the State Treasurer's Final Divestment List. The State Treasurer's Final Divestment List
can be found on the State Treasurer's website at the address www.nctreasurer.comlIran and will be
updated every 180 days.
*"**Contractor,Vendor or Bidder Return This Form With All Other Required Documentation'****"
18
31
SUBMIT WITH PROPOSAL
ATTACHMENT B- PRICE PROPOSAL
Option 1- Recycling 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.
Option 2 - Municipal Solid Waste Management Proposal:
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.
19
32
SUBMIT WITH PROPOSAL
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
20
SUBMIT WITH PROPOSAL
33
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 120 .
Signature of Affiant
Print or Type Name:
State of North Carolina, County
D
Signed and sworn to (or affirmed) before me,this the o
0
n
day of , 20_. v'
z
0
My Commission Expires: v
v'
m
Notary Public °'
SUBMIT WITH PROPOSAL 34
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
35
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
36
SUBMIT WITH PROPOSAL
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: April 21, 2016
Revisions: August 1,2016
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 perfonn work pursuant to a
contract with Orange County.
Annlicability
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 as reflected in the adopted Orange County Budget and as that budget document is
amended from time to time. 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 seekingto
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
Acknowledged Receipt by:
Company Name:
Date:
37
SUBMIT WITH PROPOSAL
Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES
Vendor Name: Date:
Per G.S. 143-128.4, Historically Underutilized Businesses(HUBs)consist of minority,women and disabled
business firms that are at least fifty-one percent (51%) owned and operated by an individual(s) who are
members of the following groups: Black, Hispanic, Asian American, American Indian, Female, Disabled,
Disadvantaged.
The Vendor shall respond to question No 1 and No 2 below.
1) Is Vendor a Historically Underutilized Business? ❑ Yes ❑ No
If yes, please select from the following:
Ethnicity: Gender Disabled
❑ Black ❑ Male ❑ Yes
❑ Hispanic ❑ Female ❑ No
❑ Asian American
❑ American Indian
2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes ❑ No
If so, state HUB classification:
Any questions concerning NC HUB certification, contact the North Carolina Office of Historically
Underutilized Businesses at (919) 807-2330.
[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
Revised 01/24 1
39
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.
Revised 01/24 2
40
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.
Revised 01/24 3
41
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 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 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
Revised 01/24 4
42
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
Revised 01/24 5
43
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. 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 Orange County policy is incorporated herein by reference and may be viewed at
http://www.oran eg countync. og v/departments/purchasing division/contracts.php.) Any
violation of this requirement is a breach of this Agreement and County may immediately
terminate this Agreement without further obligation on the part of the County. This
paragraph is not intended to limit and does not limit the definition of breach to
discrimination. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Revised 01/24 6
44
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of a suit or action.
e. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
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 or 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 or 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.
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:
Revised 01/24 7
45
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
Revised 01/24 8
SAMPLE - UO NOT FILL OUT 46
ORANGE COUNTY-INTERNAL USE ONLY
Finance Information
Vendor Name: Vendor Contact Person: Phone: Address: City State:
Zip: Department: Amount: Purpose: Budget Code(s): Vendor#
Vendor Status with NCSOS: Vendor is a BOCC consultant: ❑Yes ❑No
Contract Details
Contract Type: ❑New ❑Amendment(Original Contract: )(Most Recent Amendment )
Effective Date End Date Notice Date (Notice Purpose )
Award
❑Approved by Board(Agenda Date: Made or Administered by
Signature Authority
❑BOCC Express Delegation(Agenda Date:
Policy 9.4: ❑Under$5,000; ❑ Service Under$90,000; ❑ Construction Under$250,000
- ❑Budget Policy Section XV(Capital Improvement Project:
Bidding
❑ Informal Bidding($30k-$90k); ❑Formal RFP($90k+); ❑ Other(<$30k); ❑Exception(#_---)
Department Affirmation
❑ 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.
❑ This agreement is approved as to technical form and content. Services related to this agreement have already
begun or been completed. Description of the nature of the emergency condition that was addressed:
Department Director's Signature Date:
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer Date:
❑Inapplicable because no hardware/software purchases or related services
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
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:
Received for record retention:
Office of the Clerk to the Board Date:
Revised 01/24 9
47
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 $1,000,000/$2,000,000 $1,000,000/$2,000,000 $1,000,000/$2,000,000 $1,000,000* $1,000,000 $1,000,000
Per accident
Products/Completed Operation Explosion,
Collapse&Underground(XCU) As above As Above As above As Above
If any,Limit to be determined. If any,TBD. If any,TBD.
Automobile Liability $1,000,000(CSL) $1,000,000* $1,000,000* $1,000,000* N/A N/A
Per occurrence
**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 maybe required $1,000,000 per $1,000,000 TBD TBD N/A N/A
on a risk profile depending on nature of occurrence
services provided by contract.Coverage
required for professional service such
as accountant,attorney,architect,
design,engineering,health care and
most consultants.
Sexual Misconduct(Sexual $1,000,000/$2,000,000 $1,000,000/$2,000,000 TBD TBD N/A TBD
Abuse/Molestation)may be required
for contractors working directly one-on-
one with children and elderly or in
overnight sheltering capacities.
Cyber Liability may be required for $1,000,000/$2,000,000 TBD TBD TBD N/A
contractors having access to personal
identifying information,and/or
computer networks.
Environmental/Pollution Liability N/A $1,000,000 $1,000,000+* $1,000,000+* N/A N/A
required if demolition,use of
48
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 TBD Amount depends on exposure TBD TBD N/A N/A
property due to dishonest acts).Only to loss
for contracts such as Banking,Janitorial,
Fundraising,TPA's and similar,ETA
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.
49
ATTACHMENT II
ADDITIONAL TERMS AND CONDITIONS FOR RECYCLING SERVICES
In the event a conflict exists between the Agreement and these Additional Terms and Conditions, the Additional Terms and Conditions
shall govern and control.
1. QUANTITY AND QUALITY:
During the term of the Agreement, Provider shall take and County agrees to provide one hundred percent (100°/x) 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 deleterious 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, including, but not limited to the Health Insurance Portability and Accountability
Act of 1996, as amended, or other 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-Recycling which Provider chooses to process)County shall pay a contamination charge of$155.00 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 representations as to the recyclability of the materials
which are subject to this Agreement. Provider will make best efforts to ensure speedy unloading time and priority services. Provider will
with 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 time as a study is
conducted.
Initial Composition:
Orange County Recyc I i ng Compcsition
Exam le
p GLASS 9.99%
UBC 1.20%
STEEL 1.09%
HDPE Pigment 1.18%
HDPE NATURAL 081%
PET 3.18%
Mixed Paper 43.38%
Mixed Plasties#3-7 0.85%
#110cC 28.88%
Residue 9.51%
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 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, and (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 may 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 date of invoice is subject to a late fee, and any County check returned for insufficient funds is subject to a
50
NSF fee, both to the maximum extent allowed by applicable law. In the event that 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 and containers.
4. SERVICE:
Service arrangements shall be as agreed between Provider and County. County shall deliver Recyclables at County's expense, to
Provider's facility located at 10415 Globe Rd, Morrisville, NC 27560 ("Facility") during the Facility's operating hours, Monday through
Friday, excluding holidays specified by the Facility.All Recyclables must be delivered in self-dumping trucks and will be weighed in and
out by Provider at the Facility.
5. ACCESS:
County shall provide unobstructed access to the containers on the scheduled collection 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:
WM will reimburse the County up to$5,000 per year of each year of the Agreement. This sponsorship can be used for shred events, or
other educational or community outreach programs determined by the County.
51
EXHIBIT R
SPECIFICATIONS
SINGLE STREAM RECYCLABLES SPECIFICATIONS
RECYCLABLES must be dry, loose not bagged), unshredded, empty, and include ONLY the following:
Aluminum cans Newspaper
PET bottles with the symbol#1 —with screw tops only Mail
HDPE plastic bottles with the symbol#2 (milk,water Uncoated paperboard (ex. cereal boxes;food and snack boxes)
bottles detergent, and shampoo bottles, etc.
Plastic containers with the symbol#3-7, excluding Uncoated printing,writing and office paper
expanded polystyrene, empty
Steel and tin cans Old corrugated containers/cardboard uncoated
Glass food and beverage containers—brown, clear, or Magazines, glossy inserts and pamphlets
green
NON-RECYCLABLES include, but are not limited to the following:
Plastic bags and bagged materials(even if containing Microwavable trays
Recyclables)
Porcelain and ceramics Mirrors,window or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates, cups and pizza Plastics not listed above including and unnumbered plastics, including
boxes 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 Needles, syringes, IV bags or other medical supplies
materials
Food waste and liquids, containers containing such Textiles, cloth, or any fabric(bedding, pillows, sheets,etc.)
items
Excluded Materials or containers which contained Napkins, paper towels,tissue, paper plates, and paper cups
Excluded Materials
Any paper Recyclables or pieces of paper Recyclables Propane tanks,fuel cannisters
less than 4"in size in any dimension
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 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 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 consumptions 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.
52
EXHIBIT R-1
PRICING
SINGLE STREAM RECYCLABLES
(a)The value of the single stream recyclables meeting the Specifications shall be eighty-five percent(85%)of the Actual Outbound Value,
minus the Processing Fee. "Actual Outbound Value"means average price paid to or charged to the processing facility during the 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. It shall be conclusively presumed that the composition of the Recyclables delivered to the Provider shall be identical to the
composition of all single stream recyclables processed by Provider at the processing facility used, as established from time to time by
Provider. Notwithstanding the foregoing, Provider may perform a composition study of the 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.
(b)The initial Processing Fee is$100.25 per ton.
OLD CORRUGATED CONTAINERS
The value of the loose old corrugated containers meeting the Specifications shall be PPW for OCC#11 minus thirty dollars($30.00)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 may propose to use any such
alternative publication(s)or alternate method to determine the price for wastepaper. The other party's consent,which shall not be
unreasonably withheld,to the use of such alternate publication or method shall be required. County acknowledges that the value of the
Recyclables may be negative
CHARGES
In the event Recyclables contain more than the allowable Non-Recyclables, 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 ($155.00)per ton.
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 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 4.0%.
4C
ATTA6 MENT Ie-�
ORANGE COUNTY r -
NORTH CAROLINA
Recycling Processor and/or Munici al Solid Wast is sal
oat 367-005451 # "� ►_, ,,
March 3,2025 at 3:00 pm
SUBMITTED BY �.
Recycle America Co., L.L.C. & Waste Management of Caro as, Inc.
edefining Your Expectations
CONTACT
a _ �—
Joy Jones-,)-
Public
onesPublic Sector Area Representative
(910) 297-2502 )Won
jjones21 @wm.com '~
� S
• 1
it
54
WASTE MANAGEMENT
Recycle America Co., L.L.C. &
Waste Management of Carolinas,
WASTE MANAGEMENT
Inc.
10415 Globe Road
Morrisville, NC 27560
March 3, 2025
Orange County
405 Meadowlands Rd
Hillsborough, NC 27278
Attention: Jovana Amaro, Purchasing Agent
Dear Ms. Amaro:
WM Recycle America, L.L.C. (WMRA) is beyond pleased to provide the enclosed response to Orange
County's Request for Proposal (RFP) number 367-005451 for Recycling Processor and/or Muncipal
Solid Waste Disposal. It has been our team's pleasure to partner with the Orange County staff for the last
4 years to ensure your material has been processed and/or disposed in a transparent manner, while
prioritizing safety, environmental, and all government regulations. We hope our partnership history, early
start time to accommodate and prioritize the County's recycling loads, and our enclosed competitive offer
allows us the opportunity to work together for another 5 years!
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 will be used to collectively refer to Waste
Management of North Carolina (Carolinas), 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 151 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 Counties and cities around your
community.
For this RFP, Waste Management is proposing to continue processing the County's recyclables at our
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 have installed a new AMP scanner and camera
system since our initial partnership began in 2019. We continue to welcome representatives from Orange
County to visit this facility and see firsthand about our superior operational approach to recycling
processing services. WM also proposes to continue accepting the County's municipal solid waste material
into our Transfer Station located at 10411 Globe Rd, Morrisville, NC 27560.
During your evaluation, we respectfully request the County compare WM's partnership history, safety and
environmental compliance regulations, transparent pricing structures, and extensive municipal references
across NC and the country to other vendors. The County can continue to have the peace of mind knowing
you are protected with a trusted partnership.
If there are any questions or items requiring clarification, please do not hesitate to contact myself or Joy
Jones who will continue to be your contact throughout this process and we look forward to discussing this
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55
submittal with you in detail. Our WM team respectfully requests an interview during the County's RFP
evaluation process.
It is our sincere desire to continue being both your recycle processing and municipal waste disposal
service provider and continue to help the County run an efficient recycling program as we have for the
last 4 years. Waste Management is excited about the opportunity to extend our partnership with Orange
County. Please don't hesitate to reach out to Joy Jones, Senior Public Sector Account Executive, at (910)
297-2502 1 jjones21 @wm.com for any questions regarding this proposal.
Sincerely,
Michael Holbrook, Area Director Public Sector Solutions 1 (336) 531-3234 1 mholbroo@wm.com
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TABLE OF CONTENTS
11 INTRODUCTION..........................................................................1
r
Who We Are and What We Do..............................................................................1
2 1 STATEMENT OF UNDERSTANDING OF SERVICES.............4
31 MATERIALS ACCEPTED...........................................................6
Material and Delivery Specifications......................................................................6
4 SUBCONTRACTORS.................................................................8
51 DATA MANAGEMENT................................................................9
61 CURRENT AND PAST EXPERIENCE.....................................11
7 1 TECHNICAL EXPERTISE.........................................................14
Local Recycling Experience and Capabilities.....................................................14
MaterialMarkets...................................................................................................15
8 1 TRANSITION PLAN...................................................................19
Commitment to a Successful,Stress-Free Service Transition..........................19
91 FACILITIES................................................................................20
10 1 PRICING...................................................................................24
Pricing Proposal—Attachment B.........................................................................24
Contaminants Proposal........................................................................................25
111 FINANCIAL CAPABILITY AND INSURANCE.......................26
Financial Strength:The Foundation for Our Commitment.................................27
121 E-VERIFY AFIDAVIT...............................................................28
131 IRAN DIVESTMENT ACT CERTIFICATION..........................29
141 NONDISCRIMINATION CERTIFICATION.............................30
li 15 1 LIVING WAGE ACKNOWLEDGEMENT...............................31
x'16 1 ADDENDA ACKNOWLEGEMENT........................................3 '
17 1 SUPPLEMENTAL VENDOR INFO&RFP FORMS..............33
WPM
Waste Management 'is your partner for environmental . whose
people go above and beyond to serve and solve every challenge the right way.
Data contained in this proposal represents the most recently
published information for Waste Management's wholly owned
operaflons, unless otherwise indicated.
�y
1 _ l
VV
I� .. yWASTE MAIVEMF.NT �
USDOT856351
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 45,000 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 geographical 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.
GOING ; Every day,each of our • 45,000 employees goes above
beyond what is expected to find what is possible.
ANDBEYOND See how by clicking or going to: bit.ly/31 VmNIC
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:
J 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
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58
Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
x r r r r r e r r r r r x r x r r r r r r r r r x r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r r r r r r r r r r r r r x r r r r r x r x r r r x r x r x r x r r r x r x r r r r r x r x r x x r x r x r x r x r x r r r r r x r r r r r x r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r x r r r x r x r x
2019 we processed 15.5 million tons of recyclables. This number represents a 55 percent increase in
recycling tons processed since 2010.
J 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.
J 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.
J Hard-to-Handle Materials: We offer several programs to help our customers dispose of hard-to-
handle waste streams, including paint, automotive products, flammable and combustible items,
batteries, electronic, and medical wastes.
V 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 Managements most recently published information)
u, 8924
44.9K 302 alternative fuel 145
employees transfer Z vehicles natural gas
W $27.7B facilities W fueling stations
LU
asset base
20M r
00 entities �U� 124
served landfil gas to
energy facilities
..............................................................................................
CD 4 dual J 244
Z stream 6
� CORe facilities 4 T � active solid
L) construction/ facilities single
demolition g Z waste landfills
LU facilities stream J
rY facilities
14 = 5
bale/transfer/ �' active hazardous
buy-back/
dedicated � waste landfills
customer
facilities 3
30 composting/
chipping/
commercial/ grinding facilities
paper only facilities
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59
Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
RaleighWM
• •
Company Name and Lakeville Recycling, L.P.
Location 10415 Globe Rd., Morrisville, NC 27560
Federal Tax Number 72-154191
Project Manager for this Joy Jones, Senior Public Sector Account Executive
Proposal (910)297-2502 1 jjones21 @wm.com
Mike Holbrook, Area Director Public Sector
Signature Authority
(336) 531-3234 1 mholbroo@wm.com
WM Raleigh Transfer Station Information
Company Name and Waste Management of Carolinas, Inc.
Location 10411 Globe Rd., Morrisville, NC 27560
Federal Tax Number 56-0731307
Project Manager for this Joy Jones, Senior Public Sector Account Executive
Proposal (910)297-2502 1 jjones21 @wm.com
Mike Holbrook, Area Director Public Sector
Signature Authority
(336) 531-3234 1 mholbroo@wm.com
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2 STATEMENT 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 looks
forward to continue providing processing and disposal services Orange County. Waste Management will
continue 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 7
a.m. to 4 p.m. local time, Monday through Saturday and other days or times as may be mutually agreed
upon by the County and Waste Management. Our provided times match the RFP, but WM will continue to
work with the County on operations as we have over the last 4 years. We will continue to 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 ..
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
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61
Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
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 recycling 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.
Waste Management will continue to receive municipal solid waste at our Transfer Station located at
10411 Globe Rd, Morrisville, NC 27560. Waste Management has also included a discounted gate rate for
any loads the County direct hauls to our Great Oak Landfill located at 3597 Old Cedar Falls Road,
Randleman, NC 27317.
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,,Afr rE MANAGEMENT
31 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
RECYCLABLE MATERIALS must be dry, loose not bagged), unshredded, empty, and include ONLY the following:
Aluminum cans Newspaper
PET bottles with the symbol#1 —with screw Mail
tops only
HDPE plastic bottles and containers with the Uncoated paperboard (ex. cereal boxes;food and snack
symbol#2 (milk jugs, detergent containers, and boxes)
shampoo bottles, etc.
PP plastic bottles and containers with symbol# Uncoated printing, writing and office paper
5 ex. yogurt containers, syrup bottles
Steel and tin cans Old corrugated containers/cardboard (uncoated) (ex. moving
boxes, pizza boxes
Glass food and beverage containers—any color Magazines,glossy inserts and pamphlets
NON-RECYCLABLES include, but are not limited to the following:
Plastic bags and bagged materials (even if Microwavable trays
containing Rec clables
Porcelain and ceramics Mirrors,window or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates and cups Plastics not listed above including but not limited to those with
symbols#3,#4,#6,#7 and unnumbered plastics, including
utensils
Expanded polystyrene Coat hangers
Glass and metal cookware/bakeware I Household appliances and electronics
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Delivery Specifications
Material delivered by or on behalf of Customer may contain no more than ten percent(10%) 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 ($155.00) 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,
Glass Cullet, Paper Stock, Plastic 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 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 consumptions 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.
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4 1 SUBCONTRACTORS
This section must include a description of proposed involvement of subcontractors,including potential uses and responsibilities.
Only subcontractor associated with the contract would be Bulk Express who unloads and transloads
municipal solid waste at our transfer station.
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51 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
• Documentation of all facility purchases.
Purchase Orders 9 This proof of purchase requires pricing of merchandise, approval
signature, and invoice reconciliation.
• Daily production on all commodities processed per shift.
• Highlights hours worked, bales produced, tons processed, tons
Daily Operating Log 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.
Daily focus on downtime, residue percentage of incoming material, tons
Production Report per labor dollar, tons per man hour, tons per paid hour, tons per run hour
for commingle and paper.
• Daily inspection report on all rolling stock equipment.
Daily Equipment Purchases of all parts and supplies utilizing the Market Area
Inspections (DEI) Procurement system.
• Reconciliation of account per individual purchaser at month's
end.
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Orange County
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• Automated payroll recording.
Payroll 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.
• Monthly Documentation of all activity at the Facility.
MRF Revenue Report 0Focus 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.
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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
Orange County as well as many of Orange County's neighbors. We have included these customers in the
following list of references. We have focused on our local facilities' municipal customers, but we are
happy to provide as many additional NC or national references as needed. We encourage you to contact
them so that you may learn firsthand about our excellent record of service with other customers.
WMRA References
Orange County
Robert Williams, Director Solid Waste
. . 1207 Eubanks Road, Chapel Hill, NC 27516
Phone/ Email (919) 918-4904 1 rowilliams@orangecountync.gov
Material Recycled Single Stream and Cardboard
• Wilson County
• Andy Davis, Director, Solid Waste Services
• • P.O. Box 1728, Wilson, NC 27894
Phone (252) 399-2823 1 adavis@wilson-co.com
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x r r r r r e r r r r r x r x r r r r r r r r r x r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r r r r r r r r r r r r r x r r r r r x r x r r r x r x r x r x r r r x r x r r r r r x r x r x x r x r x r x r x r x r r r r r x r r r r r x r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r x r r r x r x r x
• Wilson County
RecycledMaterial Single Stream
WMRA References
• Town of Cary
• Jesse Troublefield, Solid Waste Division Manager
• • 400 James Jackson Ave.
Cary, NC 27513
Phone (919)469-4388 1 Jesse.TroublefieldCo)townofcary.org
RecycledMaterial Single Stream
Approximate .
12K Tons in 2023
of Material Recycled
• Wake County, NC
• John Robertson, Solid Waste Management Director
• • - 337 S. Salisbury St.
Raleigh, NC 27601
Phone (919) 856-6365 1 John.Roberson@wakegov.com
RecycledMaterial Single Stream, Loose and Baled Cardboard, & Rigid Plastics
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WM Transfer Station References:
Orange County
Robert Williams
1207 Eubanks Rd.
Chapel Hill, NC 27516
Phone/ Email 919-918-4904 1 rwilliams@orangecountync.gov
Length of Service Customer since July 2018
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W%M,
r
y
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 Over the past two years we
encompassing design, construction, operation, and have invested more than$200
maintenance of source separated recycling facilities, single million in capital investments in
stream operations, fiber-only plants, and commingled our MRFs and by 2023 we
containers-only processing plants. Nationally, our network estimate 93 percent of single
encompasses 143 recycling facilities, including 46 single- stream recycled materials will
stream recycling MRFs. Our investments in recycling include:
five new MRFs since 2018; 20 MRFs upgraded; and $42 be processed in new or
million spent installing new and upgraded optical sorters and upgraded MRFs.
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
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Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
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 commodity 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
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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 specifications 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 customers, 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.
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x r r r r r e r r r r r x r x r r r r r r r r r x r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r r r r r r r r r r r r r x r r r r r x r x r r r x r x r x r x r r r x r x r r r r r x r x r x x r x r x r x r x r x r r r r r x r r r r r x r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r x r r r x r x r x
Following the Path of Our Commodities: Sustainable Outlets Growing Domestically
DOMESTIC MINS
2020 01.51 CHINA
2019:77.07 2020:2.0
u
EUROPE2019:0.07
2017:d2.9%
2020:1.0%X
2017:27.2.;2019.1.0%
2017:0.02
MEXICO S.E.ASIA
2020:OW 2020:4.0%
2019:2.5% 2019:3.0%
2010:3.27. 1H01A 8 KE 2017:1.0%
2017:3:3% 2020:7.0%
•� 2017:1.0%
2019:7.5%
2018 011
SOUTH AMERICA 2017:4.9%
2020:1.5%
2019:0.3z
Following the Path of
Our Commoditin 2017-2020
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.
Team Resumes and Orange County Responsibilities
Tracey Shrader: Area Vice President—South Atlantic Area
Tracey Shrader has worked in the solid waste industry for more than 37 years. In addition to his 29 years
with WM, he has been a company owner/operator and has worked at an independent waste services firm.
Prior to accepting the AVP role for the South Atlantic Area, Tracey served as the AVP for the North
Texas/Oklahoma/Arkansas Area. Currently, his primary responsibilities involve managing a number of
operations, including 29 hauling companies, 21 landfills, 14 transfer stations, four material recovery
facilities, and 1,650 dedicated employees, located in North Carolina, South Carolina and Georgia. He is
based in Charlotte, NC. Tracey graduated from The Citadel in 1982 with a BS in business administration.
Mike Holbrook: Director of Public Services—South Atlantic Area
Mike Holbrook, a 35-year veteran of the solid waste business, has been employed by WM for 29 years.
Many of his years with the company have been as a district manager in both North Carolina and Texas.
He has vast experience in large County solid waste and recycling startups. He returned to North Carolina
to head public sector services for the South Atlantic Area, covering North Carolina, South Carolina and
Georgia. Mike is based in Winston-Salem, NC.
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Joy Jones: Senior Account Manager Public Sector
Joy Jones has worked for WM for almost 19 years, interacting with the public sector and state
government customers across North and South Carolina for the last 13 years. Before serving in her
current role, she was an Education & Local Government Contract Manager, Territory Sales Manager,
Construction Sales Specialist with Waste Management.
Ryan Eshbach: Material Recovery Facility Manager III
Ryan Eshbach has 17 years' experience managing recycling and hauling facilities across the South
Atlantic.
Frank Macomber: Operations Supervisor II
Frank Macomber is an operations supervisor with 4 years of experience with WM and prior industry
experience.
Twelve other WMC staff make up the internal operations of the facility and bale, operate equipment, and
maintain the facility. There are currently 18 sorters/laborers employed, and WMC has the ability to
expand based on volume processed at the facility.
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75
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
As WM already partners with Orange County for both recycling processing and municipal solid
waste disposal services, there would be no transition needed. The County staff can continue to
operate efficiently, without transitional and operational risks, protected with a partner who has an
impeccable state regulatory, safety, and environmental record, and with the peace of mind of
knowing you have a reliable partner already in place.
Information
Company Name and Lakeville Recycling, L.P.
Location 10415 Globe Rd., Morrisville, NC 27560
RaleighWIVI .n Information
Company Name and Waste Management of Carolinas, Inc.
Location 10411 Globe Rd., Morrisville, NC 27560
WIVI Great Oak Landfill • •
Company Name and Waste Management of Carolinas, Inc.
Location 3597 Old Cedar Falls Road, Randleman, NC 27317
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91 FACILITIES
Facilities to be used to process/manage collected recyclable materials
WMRA is excited to continue to to process Orange County's recyclables at our Raleigh Materials
Recovery Facility (MRF) 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 sorter
• Optical paper sorterT�
• 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 single 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 scale was installed in 2021 to enable more efficient traffic pattern for the weighing
process
• 15 tons per hour processing of SSRY and 15 tons per hour of cardboard processing
• Significant increased capacity from the Capital Boulevard MRF to support the ever-growing
triangle population
• Square footage: 42,000
• Estimated number of employees per shift: 25
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367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
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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
0 345 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
0 690 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)
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10 PRICING
Pricing Proposal — Attachment B
SUBMIT WITH PROPOSAL
ATTACHMENT B-PRICE PROPOSAL
Waste Management Respectfully}Proposes Option#3 Below
Option 1-Recycling Proposal:
Processing Fee:A Processing Fee of 103_5a per Tan sl-J be oI a rged on lOOJ of the it bourod
tonnage delivered_
COntanaimatian HsMling Fee: A contarninaton landlira¢ fee to process and dispose of
ccn�irii ar scontained'il,it kLmd deliveries willbe$155 per Ton.
" cntarr^at€r FeeC%lyrApplies After the Allowable 10%Residue
Revenue Share-Vendor sl all pay Orange Cauntyr Solid Waste 80 of the asm►ount of the AFAV"
rernaining after deducting Processing Fees_ for each Ton of inbound PrGgrain Regvclables
delivered during tlot month.T1 ie Revenue Share shall be fixed for the life aft]ie cerrtraat
"Cur WM above offer is for the Actual Outbound Value of the material,no index,minus process ng fee
Corrugated Caffi:lboard pricing
Old Corrugated Cardboard(OCC):TI-ie County pro-rides separated OCC oollectiord froin schools and
carnrneroial businesses.
The Vendor shall provide a per toll rage calculated at$L-LI— of the Soud,emst LISA regior6al
average prices per Corrugated Containers(PS11)first posted less $3"bel1w vendor Prooessing
Fee-
WM offers 11)0%Custxner Share of Southeast Awd price minus$Xl.4 a0mcessing fee per ton
Option 2-Municipal Solid Waste Mlamagerrtent Propose l:
Transfer Station Ti ppi rig,Fee for MSW brotVit to facility by County separate frcrn Recycling_
Vendor shall allow Orange County to brim MSW to tl eirtrar-sfer s atian bDated at:
1D411 globe Road, Marrisvilk,NC 27590
Orange County shel l be charged a Ti ppi i,g,Fee per tot,of:$61-52+applicable tax
Tipping Fee will be set for years and shal I not increase rnore tth an 5 .per year
theaeafter-
Option 3- If4{4M Awarded the Recycling and olid '4r4raste Volume
Recyling: 85%Actual outbound Value minLlS &10 1.0DIon processing fee
Munic:ipaI solid Waste to Transfer Station:$59.44?ton -f applicable tax
Municipal Solid Waste to Landfll: 2B_501ton f applicable tax
19
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Contaminants Proposal
Non-Recyclables include, but are not limited to the following:
Plastic bags and bagged materials (even if Microwavable trays
containing Recyclables)
Porcelain and ceramics Mirrors, window or auto glass
Light bulbs Coated cardboard
Soiled paper, including paper plates, cups Plastics not listed above including and unnumbered
and pizza boxes 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- Needles, syringes, IV bags or other medical supplies
laminated materials
Food waste and liquids, containers Textiles, cloth, or any fabric (bedding, pillows, sheets,
containing such items etc.)
Excluded Materials or containers which Napkins, paper towels, tissue, paper plates, and paper
contained Excluded Materials cups
Any paper Recyclables or pieces of paper Propane tanks, fuel cannisters
Recyclables less than 4" in size in any
dimension
Batteries
Related to heavy contaminated loads: Our WM team will continue to provide pictures, along truck #,
date received, summary of contaminants seen as load is unloaded. We provide this data usually
the day or within 24 hours if it's received later in the day. We provide this data quickly to allow the
County time to review and address, if needed.
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Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
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11 1 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. &Waste
Management of Carolinas, Inc. 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 consistent 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, Full financial results are available on
and protect the environment in carrying out our broad waste our website at investors.wm.com.
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 Baal 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.
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.
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Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
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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 incidents, 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.
.mac& CERTIFICATE OF LIABILITY INSURANCE °"�`I�'��'
THIS CERTIFICATE 15 ISE41ED At A HATTER OF INFORHA-11GN ONLY AND CGNFERd NO RJOHT8 UPON THE GERTIFICATE HOLDEFL THI#
CERTIFICATE.DOES NOT AFRRM47rVELY OR NE13ATNELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT GONtT'TRTTE A CONTRACT BETWEEN THE ISSUING INSURER(SL AUTHOREZED
REPRESENTATIVE OR PRODUCER,At@ THE CERTIFICATE HOLDER.
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121 E-VERIFY AR DAVIT
`3uB`IT WdITM PRO POS&L
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131 IRAN DIVESTMENT ACT CERTIFICATION
SUBMIT WITH PROPC)SAL
AiTTACHMENTAL-IRAN ohfESTi41ENT.AJCTCERTIFICATION
Required By N.C.GS.
Itiametal'Colatrxdom,Vrndnr or Iliddtr
Waste Management of Carolinas, Inc.
As of-Lhc dalo li.rdod brkm-,Lhe cantractar,vendor or bidder LiYL,J uL wu.and alL suite-cmar Lc
wtilizod 11-the orctmaor,midor or Widder fisW skye,is First Iigrled arm the Final Di+emwitlist
cleated by the Stare Treu=r purmmrm t.N-iC-G.&143-6A-4-
The undmiumJ heretry mlifiv.;that he or mhe i:s awhorizcd h+°this cormwor.render or hiddea
limed abuvc to make(be fnmgaing 3wemoml.
February 25, 2[]25
Sig(raturs FAM
Michael J. Holbrook. Public Sector Area Director
Fhiawq Nauta Title
2'urFq Pae iter oly%ligidn'g Yhis fr nw:
ti�:�S f43C-ta,4-S;aj rcgtri lea this eertifieatiof for bids csr cx�rrn�ets wi(h the Stas:suf North
IL cu,l;ua.a North Canalisal.l xgowenwwml,or any other political m6divLvion of Lhe Sla a of Notth
I :u-.•IP n.1 The oertificaticn is required Aft falkring times:
i4°Iron a hid is submitted
• y7 rk,a contirmt is cawed into i if the certific ttim 13•4q"already made when the vendor
nr:ule its bidi
• 'hun a ctwtrran Ls MIDWAted OF A&ALMd
tti_C_C-5-1430-6A-50tl rmquime (hut rootraot=with the.Blah,a North Caralina Iacal g mimnt,
for am)other political attbdi%iaion of the.Scam of Nonh Camlim rwst nut utiLiae any dubotmErmor
found on the SStaw Trca mi!r's Fnut Dilvstrrtent List The Static Treasurers Final Divemwat List
caa be kxLlwl on dhe Raw,Ttea.'xinf-s°AahsM al 1hL addL1".,s w%h1w.tle11Lg rer.IX]mf[rmm and will he.
updawd ev rY I8U dus a.
+..-Comtractot,Vendor or Bpdder-Retu m Thls Form With An Other Required GocumeMatwn«+.+.
18
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4110
141 NONDISCRIMINATION CERTIFICATION
SUBMIT WITH PROPOSAL County Non-0srximination Ordinance artd shall be grounds for rejection of the bid or
proposal ortermination of an existing contract,without fault orfurther obligation to
ORANGE COUNTY NONDI5CRIMItIATION CERTIFICATION Orange County.
The undersigned bidder or proposer hereby certifies and agrees that the following 6. As a condition of submitting a bid or proposal to Orange County the undersigned
information is correct bidder or proposer agrees that Orange County may considerthe information submitted
as part of this certification in its determination of the responsibility of the undersigned
Udder or proposer. The undersigned bidder or proposer,as the case may be,waives
1. In preparing its enclosed bid or proposal,the undersigned bidder or proposer has the right to challenge the rejection of a bid or proposal when such rejection is based,in
considered all bids and proposals submitted from qualified,potential subcontractors and its entirety,on information submitted as part of this certification.
suppliers,and has not engaged in discrimination as defined in Section 12-52 of the
Orange County Non-ciscrimination Ordinance.
The bidder or proposer certifies the undersigned has full authority to sign an its.behalf.
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 By.
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 'Michael J.Holbrmk-Public Sector Area Director
or proposal.It shall also subject the bidder or proposer to disqualification from Printed Name and Title
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 On behalf of
proposer agrees to promptly provide to Orange County all information and
docurnentation that may be requested by Orange County from time to time regarding Waste Management of Carolinas,Inc.
the solicitation and selection of suppliers and subcontractors in confection with this Company or'Cogxxate name
sofietatian 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 rts 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 corn plaint was
filed or pending against bidder or proposer in a legal or administrative proceeding
alleging that bidder or proposer discriminated against fts subcontractors,vendors;
suppliers,or commercial customers,and a description of the status or resolution of that
complaint,including any remedial action taken.
S. As a condition of submitting a bid or proposal to Orange County the undersigned
bidder or proposer agrees to comply with the Orange County Nan-discrimination
Ordinance.Falsification of this certification shall constitute a violation of the.Orange
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151 LIVING WAGE POLICY PAGE
SUBMIT WITH PROPOSAL
Section I: General Cru ent and AdmmLstranon
poLicv 10.0: Ln, ' 1;sge Contractor RoLiry
Reviewed by-. County Attanmyr'C Duni°Manager
Approved by-- County mmage<
Ongtina]Ef&ctirve Date: April '1, 01-6
ReAsions: Aue;ust 1,'2"ald
Polk{Statement
It is the policy of O*amge County to ensure its emmglomaees,and all indh-Lduah wbo prm-i&Sen-ices Eor Cgwige
Coulay,am paid a Lida.-wage-
To encourage all-%v darn and contractors to pay a Lrving wage to all emaploiws who polo m recut pursuant to a
contraca pith Orange County.
Applirsbili
AppLies-.o all C7auge C'aun y canzac s and pisses.
PohcT
1Q Lwing"Wage
10.11 Orange County is committed to prow in¢its eniplaiws—a th a L -ing vrage and encourage all
contractors and v mdors doing business-a-dh Chmage C uatit4°w pursue dte&!,me goal.Osage C MIty's
Inui;in age is as reflected m the adapted Orange Ccnmt4°Budget and as that budge#; met is
ara m,ded from timme to time.To the est possible,Orange County'recommends that contractors and
vendors seeking to do busimess with Grange Count,pro-tide a Luing wage to dish empLw7gees.
10.1-2 Prior to 5nal a eclnion of a contract v.-.dh0mge County all conzuao,-m-s amd-vendrsrs seE!kin ro
dobusiness with Orange Cnmar_y shaLl.submit to the Corant?a's representatis°e a statemindicating
whether those emplofyeL who aiLl per=o-m xo=k as Lhe Orange C'aunty contract are paid at least the
Being wage anw=set out abo4°e If sucb erxp o°.ees do not make at least the Iii ing wage amount ser
out above due cmirwor or vendor shall inatica-e in tae sxternmt,rhe actual mount paid to such
empLoyees.Far bid proj ects this statement should be submkted as pa-i of the btd packet.
This polity may be mievred annually and updated as needed by the Manager's Oflire
Acknowledged Receipt by: �1 f Mi&.ael J. Holbrook Public 3--ctor,kea Director
Company Name: 1 a Me,161anagement of Carolinas., Inc.
Date: February 25,202.5
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Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
16 1 ADDENDA ACKNOWLEGEMENT
SUBMIT WITH PROPOSAL
ATTAf,HMEIVT(�-ADDENDUM ACKNOiStLEDGEPAENT
Vendor rntist iiiMal next to e�icli AderkduIT&ir,order to wertfy mcKiiowledgermerrt
Adderkdwm ICI Adderidyrn I12 Addendum 93
AdderAwn#4 AMendurn 4'15 Adderidurn 316
20
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IIMMTR MAIIMmNENA•
89
Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
x r r r r r e r r r r r x r x r r r r r r r r r x r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r r r r r r r r r r r r r x r r r r r x r x r r r x r x r x r x r r r x r x r r r r r x r x r x x r x r x r x r x r x r r r r r x r r r r r x r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r x r r r x r r r x r x r x
171 SUPPLEMENTAL VENDOR INFORMATION:
HISTORICALLY UNDERUTILIZED BUSINESSES
SUBMIT WITH PROPOSAL
Supplemental Vendor lnfomration: HISTORICALLY UNDERUTILIZED BUSINESSES
Vendor Mame: Wase Managemen. of Carolinas, Inc. Date: February 25, M25
Per G.G. 143-120.4, H stDricay Undefutilized Businesses fH4-'Bs)consist of mine&y.women and disabled
-siness firms that are at least fii -one percent(51%) owned and operated by an india dualis'i whD are
members of the fokmikig grDups: Black.. Hispanic- Asian American. American Indian, Female, Disabled.
Disadvantaged.
The Vendor shall respond to questim No 1 and RID 2 bekm-
1) [s Vendor a Histarically Underutilized Business? El Yes ❑ No
I`yres,bease select torn the following:
Ethnioity. Gender Disabled
❑ Black ❑ Male ❑ Yes
❑ Hispanic ❑ Female ❑ No
❑ Asian American
❑ American Indian
2) Is Vendor Certified with Rlarth CarDlina as a Histo tally Underutilized Business? ❑ Yes 2 No
If so._state HUB d3s5ification:
Any guestiuns a*noeming IWC HUB Certification.. Intact the North Carolina Office of Historically
Underutilized B usinesses at I g 1 g F 8137-2MO.
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90
Orange County
367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal
Exceptions
1.We respectfully request an interview 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 are happy to discuss co-sponsored community events, to be negotiated if awarded this contract.
5. Please note that any composition testing is inbound testing, not processed testing.
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