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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. 2 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. 3 [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 Revised 01/24 1 4 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. Revised 01/24 2 5 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) Revised 01/24 3 6 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 Revised 01/24 4 7 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) Revised 01/24 5 8 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 Revised 01/24 6 9 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 Revised 01/24 7 10 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 Revised 01/24 8 11 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: Revised 01/24 9 12 Revised 01/24 10 13 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. 1 14 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 2 15 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. 3 16 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. 4 17 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 5 18 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. 6 19 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. 7 20 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 8 21 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. 9 22 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. 10 23 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. 11 24 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. 12 25 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. 13 26 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. 14 27 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. 15 28 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. 16 29 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. 17 30 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 Printed on 100%a recycled&recyclable paper 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 Printed on 100%p recycled&recyclable paper �� 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 Printed on 100% recycled&recyclable paper 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 Printed on 100%p recycled&recyclable paper 2 �. 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 Printed on 10 3 recycled&recyclable paper 1 RIO _ ya ///!.!/�►� r0.r�ar�►,r�, - �»� �1(�Nj CAUTION CAUTION.;`�ACAuna —:fir IQN_ ;UTDN„�ruT i f ff1 f��'u�'�/l/� fsftfii•i� i:,f r, LfNIGI£SIdPS dMPRdCASiHf1 fAT1Y lESfW�J PA�8dA7f8 11LY raxrsa�J2 5tra R mar. !z 'f19EPPPNrLY Kms:- ���,0/►f��i/;� 4��f5//r.00, /Jl/A.2—ew��/fl+�f!/t1 s��i�i se��.riii,”--,s-�✓f�.•r.`.. I�1/r 0.0 0,00 - - RW 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 printed on 100% recycled&recyclable paper 4 �m 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. Printed on 10 5 recycled&recyclable paper := gr ,,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 Printed on 1000 p 6 recycled&recyclable paper 63 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal 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. Printed on 1O 7 recycled&recyclable paper 64 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal 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. Printed on 100% recycled&recyclable paper 8 WUM, 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. Printed on 100% 9 recycled&recyclable paper 66 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal • 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. Printed on 10 10 recycled&recyclable paper 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 Printed on 100% 11 recycled&recyclable paper 68 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 • 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 Printed on 100%p 12 recycled&recyclable paper 69 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal 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 Printed on 100% recycled&recyclable paper 13 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 Printed on 100% 14 recycled&recyclable paper 71 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 Printed on 100% 15 recycled&recyclable paper 72 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal 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. Printed on 10y°J• 16 recycled&recyclable paper 73 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 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. Printed on 100%p 17 recycled&recyclable paper 74 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal 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. Printed on 1 18 recycled&recyclable paper 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 Printed on 1000 p 19 recycled&recyclable paper w%i x 'rytv f r ♦ �a - ti t a•b a 44, t FT e �S h F tt r FI �vp`� iii- r i 1. 7 •�F{ .a? +' � i...` t n 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 Printed on 10 20 recycled&recyclable paper 77 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal I I` ✓ II r� 1 y y, W T , YL _ F, 1 I E., �� � _ � +111f1111111111i Ot recycled&recyclable ecyclla ble paper 21 J 78 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 i iT v t l� f c y' Printed on 100°! recycled&recyclable paper 22w1m. 79 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal 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) Printed on 100 l 23 recycled&recyclable paper 80 f ire d3l t-- -^-" v _ •�� i*2< rf r ' r ♦ - `q't'y 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 Printed on'1100% recycled&recyclable paper 24 WASTE MANAGEMENT 81 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal 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. Printed on 1ecycla 25 recycled&recyclable paper 82 Orange County 367-005451 - Recycling Processor and/or Municipal Solid Waste Disposal 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 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 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 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 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 r r r 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. Printed on 100% 26 W recycled&recyclable paper 83 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 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. IIfEPO RTANT: K a hoE�r k A.DDfTIDNAl.:INSURED, pollG kl o m Mara ADDrFIGNA,L INSURED pra%ftWs arbe andorsad. IT SUBROGATION IS WAIVED,s tib do the farms and oolydffiw al the poAWy,oarUdn po3b4c rnW require w l doR arrt A ctalvrnorlt m th)c OadMaate doac not oorllrr FNIhts,Eo Lho eirttfloate holder In BFn of cutxh ondarsamrlrgsl. rxCm mt LacYldn CcmpamjDL,LTA Irvr: rMA as 1a ktom T�Lames,LLC in C3 PVME Cao Licosa ]5'S 3651 Llaimpwk Dr-Stu.ICO •� I i ArxaLmxaavL'tmrl� twx i a. rwlt A:Ind 1mamorreCoDfNorthALaAenza 435�; 13W299[l LTEM_MVC rH4I.17DTGS,BP_&ALL_' rnxxflce:1�.4mv�I:1CIn�uzlfiLeC ern L667 RP1.=&SU=14RYC.OLMAMES1HGZT71MM: rwX o:CT Fre Lndmwrilem:mu nce 207.02 WASTE M_*ZAGE&=OF C R0 r%Lk&s EVC. rwtmta:-4CTami Cawalh lsaa Ctea20699, 1D715 GLOHP ROAD rwlme€ MCIRU SrTT.T.FNC'_1560 rwRlm:r COVERAGES CERTIF)CCATENUMBER 2i4;;59?i REVISIONNLMBER: .L' -03a THS IE.TO CE�':1FY THAT THE POUGEa€-=INEU14WE LETEO SELOW ROLE BEEN 158LED TC THE INSURED NAMED A2CW FOR T-E POLICY PERM P r-ATEO. NGTL4TfHe.TAMPIC ANY RECLNIEM9T.TERM OR ODNDrrK)N OF ANY OOPrRACT OR 07H- R DOC4MWr'MT'H R-=EFECT TO NFSCHE TH a SCERTIFKATE MAY BE I&BLED OR N14T MB:TAK THE MUFWK;E AFFCRDED BY t1-E P',AJCEE-DEaff#£M HERE14 1£8UB.E--T TO ALL THE TE,'-M. EXCL4JeEM AND COPINTIOM O=SL-JH FOLJGE&.LMT-EOMW VA f FLAW BEEN RE;OUCED BY PACT CLAM. r„s or rsualwac �Xuaecu urss 9 Y €Gar•Fntuaa]OtALSYaurr y y HDOCA@9OYn3 L''Ie'20LE VL.W26 erinccctameetce }509aw :J H1 500'ow * 130 FORM M57CtDINIS _.9095703 GEMAO.TFPGUE 13AFAPFUe5Far• 7Ew:t1A-lA:-Qnertre }600'NA ro MIX—=r- ❑' �a_ Faa�nx-rs.tawF•or A� }600,000 onim } 3 AIITCNdaL UAalll' y y MMTH IOR2 -5A V1.3GLS 9,b=6 -_1M5MG'}}4cLCLl/Rr aadtr lXJJh"Y i-r P_ GStsten d^.IeCIArJ BOULY IXJJFA',94r ,1,. 3 , AiTG94lLY AiTGa Atrro5olLY AiTGa aILY 'L rtsYlltr' 9 -'���*ti`• D a""„ xeatl Y Y XETi2T9M42DLB u1,sa lrt,ruf eAcnaxatameXae } y5.p4 CroO €Xc€se uAa sL+aAsawae .wooxaeaA.r_ } '.5.110 Up1] Geo nrra ich3 }Y'35'_4X�5. A KNPt1a W Ai. 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C'ER71F ICATE HOL.OER CANCELLATION SHOULD AHlY OF TFIE ABWE CEBtRIBFA POLICIE&BE tANEELLFD BEFORE 2145MI THE E71PaPATION BATE TH ERECf, NOTrCE VALL BE DELMEIM N l]R..43dXiE CGLN-FS A dCOMDANCE W 11H THE POLICY KCIUMION& ATTN:FAHERT S4aL LMS 1313EL7�T'df S 10 AUTMM=warJEMnXTAms CH...4PM H LLL NC 2T 515 t 19k&2015 AC0M C DW0RATK*L A!EIgil81sawied ACLIFIL}25 PM103) Ro AMM nen*MW Mp WE M03bnod MaM OF ACORD Printed on100% 27 recycled&recyclable paper J, ,,84 lop 121 E-VERIFY AR DAVIT `3uB`IT WdITM PRO POS&L STATE OF h"Im{.AjiC:tixW hFFlpak4T PDAYM r�JXTY itiees•i'eeereeve•�-ee••ee.oe• IWWO J HOWM It IIIN,rdmduW offlwlkg fpperm0A bo ng du Pip earl hn'd rej hy.l rid ran he hats k�lru lbY rearrl Lrti a n= :IfKalffy'{l Wy 4n pr t h"&bfter 1Ernpk+,rerl ater llrx helntdunv svwpm h"ty W"rS M dff4arl5 id ra WA'S: 1 Errpafm u uRd/r im&ehE E-Vir"i4 i5!m Whiral E-vo iry f t*-gin upwamd by ihs urard 9uin DtW.rA'tnl Or PturmUM SomrdvJrd niher1@cfo V o"WHI,w Rrw'1'evene.v Kv eQu Rv"n1;4njy n wa-dip'v rdk" 4Ar xs5ak rul Paa rirr]oncF rs+vPr ht#A emoqNveg pyrgL_Mnt l4 fedMi bm in-xcurdw[e+F1h W65 KA-MS,, 7 r ,er kir-id#rsiznct SPdr.Emck&m K%SI V. a E'e°QRS. E d,empe lr.ahtr Mrqi mi vIo 'pEm ppx% i+1he Whed Stmes.rAillverfty iPt woo auiheniwiaA to Lha 4ffiothltt Ih,uui,E-W W6e idbb!tirdmL No 3 iL i otrWR tmnji h mtil .m rdhar crXiinmilon hd Irara mis PRrm�in khk'Simto r d Ihar irho&o 25�m m empkY%wk ri iN5 Sly.4ffWk MnhoI 6 Yes$ nr h PiQ t Efroeyda"'3 iut ctn i racBm®'ni*fwth EwmMY,erd dEnpr"r o kYp unrirg tub"n*iFit prryfrl Epngv ervA Cris*ContiurCi man E-'mitt om 3u:cmirrl'M wkmrap«nX}herd ire rmp6:gr' Thb diy_f F---9-5 S. - IefRdl'. air11 Prl'[or Type flame: Miilaui I.RJ13 rek S► LLL Mcolh Qrolra L407W& Catm ry S�NtiM irY1 i rr lee I�r�IErrrr�l ktlx+i mr,ftin.if� 16C. ,dke CA 9 ehra:srP 313 PM r.�^er lvr4n Eve ' NMY Printed on 100% recycled&recyclable paper 28 �A a rOWED,,, ti �i lI t1�r k 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 Printed on 100% 29 recycled&recyclable paper m 1' 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 Printed on 100%r recycled&recyctable paper 30 �r p t L y l . 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 Printed on 10y% 31 recycled&recyclable paper 88 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 Printed on 100% 32 recycled&recyclable paper . 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. Printed on 100%p 33 recycled&recyclable paper 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. Printed on 100% recycled&recyclable paper 34 W%M,