IFB 2026-40 Specifications.pdf

INVITATION FOR BIDS

Via eProcurement System

IFB NO. 2026-40

YARD TRIM ACCEPTANCE, PROCESSING, AND MARKETING

SERVICES

OPENING: AUGUST 5, 2026 AT 11:00 A.M.

PRE-BID CONFERENCE: JUNE 25, 2026 AT 10:00 A.M.

BUYER: Michael V. Decker, CPPB

PHONE: 410-313-6375 EMAIL: mdecker@howardcountymd.gov

HOWARD COUNTY, MARYLAND

OFFICE OF PROCUREMENT

AND CONTRACT ADMINISTRATION

6751 Columbia Gateway Drive, Suite 226, Columbia, MD 21046 https://www.howardcountymd.gov/Departments/County-Administration/Procurement-and-Contract-Administration mailto:mdecker@howardcountymd.gov https://www.howardcountymd.gov/Departments/County-Administration/Procurement-and-Contract-Administration https://www.howardcountymd.gov/Departments/County-Administration/Procurement-and-Contract-Administration

Invitation For Bids No. 2026-40

Howard County, Maryland Page 2 of 11 Office of Procurement

Rev. 7.16.24

SPECIFICATIONS

1 SCOPE: Howard County, Maryland (the “County”) seeks a qualified firm (the “Contractor”) to furnish Yard Trim acceptance, processing, and marketing services as described in the contract documents, specifications, and price page. All material delivered to the Contractor’s facility via roll-offs or packer style vehicles will either be bundled with twine, contained in paper bags, loose, or in biodegradable bags. No traditional plastic or non-biodegradable bagged material will be delivered. As detailed on the line items tab in the eProcurement system

2 PRE-BID CONFERENCE:

2.1 A pre-bid conference will be held virtually via WebEx on the date and time specified to discuss objectives and answer questions relating to this solicitation. Contractor’s attendance is not required but is strongly encouraged. Additionally, attendance may facilitate the Contractor’s understanding and ability to meet the County’s Equal Business Opportunity goals. Please see PlanetBids for the meeting link.

2.2 It is recommended that Contractors read the solicitation prior to attending the conference and bring a copy to the conference.

2.3 Please confirm attendance by selecting the RSVP button at the Pre-Bid Meeting Information section in the eBidding system.

2.4 If there is a need for language interpretation and/or other special accommodations, please advise purchasing@howardcountymd.gov so that reasonable efforts may be made to provide special accommodations.

3 INQUIRIES AND ADDENDA:

3.1 The Buyer in the Issuing Office is the sole point of contact for this solicitation. Questions must be submitted in the eProcurement system by the date and time specified.

3.2 Addenda to solicitations often occur prior to the bid opening, sometimes within a few hours of the opening. It is the potential Contractor’s responsibility to visit the Office of Procurement and Contract Administration eProcurement website to obtain Addenda. Addenda, when issued, must be acknowledged in the eProcurement system.

4 CONTRACTOR’S QUALIFICATIONS:

4.1 Contractors must be engaged in the processing of grinding, mulching, and/or composting Yard Trim and wood waste for a period of no less than two years and must have been actively engaged in processing and marketing the material for a period of no less than two years. The experience of owner(s) may be imputed to a newly formed company/contractor provided the owner(s) has/have at least two years of demonstrated experience of reliability and meets the criteria set forth herein.

4.2 The County reserves the right to inspect the Contractor's equipment and to perform such investigations as may be deemed necessary to ensure that competent personnel and management will be utilized in the performance of the Agreement.

4.3 In accordance with Howard County Code Sec. 4.117 (a) (4), the quality of performance of previous contracts or services shall be considered in determining the lowest responsive and responsible bidder. Quality of performance may be determined through contracts or services provided to the County or to other entities. Quality of performance to other entities will be determined from mailto:purchasing@howardcountymd.gov

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Via eProcurement System Rev. 7.16.24 reference checks when references are required. The determination of quality performance includes the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction and the Contractor’s businesslike concern for the interests of the customer. The County reserves the right to reject any bid deemed not responsible or non-responsive.

5 AGREEMENT PERIOD: The Agreement period shall be for one year commencing on or about April 1, 2027 after approval and proper execution of the Agreement documents with renewal options for five additional years in one-year increments, exercisable at the sole discretion of the County.

6 COOPERATIVE PURCHASE:

6.1 The County reserves the right to extend all of the terms, conditions, specifications, and unit or other prices of any Agreement resulting from this solicitation to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto. The Contractor agrees to notify the issuing body of those entities that wish to use any Agreement resulting from this solicitation and will also provide usage information, which may be requested.

6.2 The County assumes no authority, liability, or obligation, on behalf of any other public or non-public entity that may use any Agreement resulting from this solicitation. All purchases and payment transactions will be made directly between the Contractor and the requesting entity. Any exceptions to this requirement must be specifically noted in the bid response.

7 PRICE ADJUSTMENT:

7.1 Prices offered shall be firm against any increase for 1 year from the effective date of the Agreement.

Prior to the commencement of subsequent renewal periods, it shall be the Contractor’s responsibility to notify the Issuing Office in advance of any requested price changes.

7.2 Requests for price adjustments must be submitted to the Issuing Office, not the User Agency.

7.3 The County may entertain requests for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase on the current pricing, whichever is lower. (For purposes of this section, “Consumer Price Index” shall be the Mid-Atlantic Consumer Price Index-All Urban Consumers (CPI-U), Baltimore-Columbia-Towson, MD, All Items, Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) All written requests shall be issued to the Office of Procurement and Contract Administration and such requests shall include detailed justification for the price adjustment as well as all countermeasures developed by the Contractor to offset cost increases. The County reserves the right to grant or deny the request for a price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.

7.4 If a price increase is requested following Agreement renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is granted, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.

8 NON-EXCLUSIVITY: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. The contract shall not restrict the County from acquiring similar, equal or like goods and/or services from other entities or sources.

9 ESTIMATED QUANTITIES: The estimated annual quantities stated are provided as a general guide for bidding and are not guaranteed. Actual quantities may be more or less than those estimated. The County reserves the right to add, change or delete items as deemed necessary. Attachment 1I details last calendar year’s amount of deliverable yard trim for processing and marketing services.

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10 INSURANCE: The Contractor will be required to purchase and maintain during the life of the Agreement, including any subsequent renewal terms, Commercial General Liability Insurance, Automobile Liability Insurance, and Worker's Compensation Insurance with limits of not less than those set forth below:

10.1 Commercial General Liability Insurance: Combined Single Liability limits of $1,000,000 each occurrence and $1,000,000 aggregate naming “Howard County, Maryland, its officials, employees, agents and volunteers” as Additional Insured and “Howard County, Maryland” as Certificate Holder.

10.2 Automobile Liability Insurance: Combined Single Liability limit of $1,000,000 any one accident.

10.3 Worker's Compensation Insurance: Statutory coverage for Maryland jurisdiction, including Employer's Liability coverage, with a limit of at least $100,000.

10.4 The Contractor shall assure that all subcontractors or independent contractors performing services in accordance with this solicitation carry identical insurance coverage as required of the Contractor, either individually or as an Additional Insured on the policies of the Contractor. Exceptions may be made only with the approval of the County. The Contractor shall indemnify the County for any uninsured losses relating to contractual services involving subcontractors, including workers' compensation claims.

10.5 The Contractor shall provide the County with Certificates of Insurance within ten days of award notification, naming “Howard County, Maryland, its officials, employees, agents and volunteers” as Additional Insured and “Howard County, Maryland” as Certificate Holder. Failure to provide the certificates as required shall result in rejection of award by the County. Such certificates shall provide that the County be given at least 30 days prior written notice of any cancellation of, intention to not renew, or material change in such coverage.

10.6 The providing of any insurance required herein does not relieve the Contractor of any of the responsibilities or obligations assumed by the Contractor in the Agreement awarded or for which the Contractor may be liable by law or otherwise.

10.7 Failure to provide and continue to enforce such insurance as required above shall be deemed a material breach of the Agreement and shall operate as an immediate termination thereof.

10.8 Failure to comply with this requirement at any time during the initial term and any subsequent renewals may be sufficient cause for termination for default.

11 PRICING

11.1 The Contractor will provide pricing for acceptance, processing, and marketing on a per ton basis.

12 METHOD OF AWARD:

12.1 The County intends to make a single award to the lowest responsive and responsible Contractor meeting the specifications.

12.2 The assignment of work shall be at the sole discretion of the County. The Contractor(s) shall waive any claim of either Contractor against the County for extra compensation or damages arising out of assignment of work by the County.

12.3 If only one bid is received, the County reserves the right to award a single Contractor if it is in the best interest of the County.

13 WORK SCHEDULE: The Contractor(s) shall state as part of their bid, a work start schedule and a work completion schedule from date of Agreement award notification.

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Via eProcurement System Rev. 7.16.24

14 BILLING AND PAYMENT:

14.1 The Contractor shall submit separate invoices for each Purchase Order issued. Invoices shall be sent to Department of Public Works, Bureau of Environmental Services, 9801 Broken Land Parkway, Columbia, Maryland 21046. Invoices in the proper form and approved by the County shall be paid by the County within 30 days of receipt. Invoices without the necessary information may be returned for correction prior to payment.

14.2 Each invoice shall include the following information:

14.2.1 Contractor’s name;

14.2.2 Address;

14.2.3 Federal tax identification number;

14.2.4 Contract number, if applicable (i.e., 44XXXXXXXX);

14.2.5 Purchase Order number (i.e., 2XXXXXXXXX);

14.2.6 Contract line number;

14.2.7 Unit price and extended price (unit price must match a contract line); and

14.2.8 Description of goods provided and/or services performed.

14.3 The County reserves the right to make payments on Visa procurement cards when orders are placed using procurement cards as indicated in the Purchase Order Terms and Conditions, Method of Ordering. Contractors are not permitted to charge the County additional fees over and above their bid prices to process payments on procurement cards.

14.4 The County reserves the right to make payments via electronic funds transfer (a.k.a. ACH).

14.5 Delivery tickets signed by authorized County personnel shall accompany invoice, if applicable.

14.6 Payment shall be made after delivery and upon receipt of proper invoice from Contractor and authorization by the head of the department or their designee.

14.7 All amounts, costs, or prices referred to herein shall be United States of America currency.

14.8 The proper form of County invoices requires that the necessary information be included on all invoices. Invoices without the necessary information may be returned for correction prior to payment. The County reserves the right to approve invoices, in its sole discretion, and to request such detail and additional information as the County, in its discretion deems appropriate.

14.9 For loads that are first weighed at the Alpha Ridge Landfill, those weights will be used for invoicing purposes.

14.10 All pricing shall be quoted as FOB Destination, Inside Delivery.

15 EXCEPTIONS: If the Contractor cannot meet the terms, conditions and/or specifications of the IFB, the Contractor must furnish a statement on company letterhead giving a complete description of any exceptions to the terms, conditions, and specifications. Failure to furnish the statement shall mean that the Contractor agrees to all terms, conditions, and specifications. Exceptions taken do not obligate the County to change the terms, conditions and/or specifications. Exceptions to the terms and/or conditions may be sufficient cause for rejection of the Contractor’s response. The County will not consider any exceptions to the terms, conditions and specifications after the solicitation closing date and time.

16 SITE CONDITIONS: The submission of a bid shall be considered representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the solicitation, the entire area to be serviced as described in the solicitation and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished. The Contractor shall also be familiar with all Federal, State, and County laws, all codes, and ordinances of the County which in any way affect the performance of the work, or persons engaged or employed in the work, or the materials and equipment used in the work.

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17 DEFINITIONS OF TERMS:

17.1 “Alternate Processing and Marketing Liquidated Damages” means the cost to the County of providing for processing and marketing of Yard Trim for the period or periods during which the Contractor has not made the facility available or otherwise failed to accept materials according to the terms of these specifications, as well as the cost of transportation of the Yard Trim to an alternate facility.

17.2 “Alternated Facility” means a facility to which the County and/or its designated haulers delivers

Yard Trim due to the failure of the Contractor to accept them as required by the terms of these specifications.

17.3 “Applicable Law” means any law, regulation, requirement or order of any federal, state or local agency, court or other governmental body, including without limitation those specified in the comprehensive solid waste management plan of the County, and in all permits, licenses, and governmental approvals applicable to the acquisition, design, construction, equipping, testing, financing, ownership, possession, or operation of facilities used to provide the service, and applicable to the performance of any of the obligations under the specifications.

17.4 “Yard Trim” means all of the following material mixed together with no separation during collections:

17.4.1 grass;

17.4.2 leaves;

17.4.3 branches and limbs (less than 4’ in length and 4” in diameter;

17.4.4 light brush;

17.4.5 woody (untreated or non-painted) items;

17.4.6 hay and straw;

17.4.7 hedge clippings;

17.4.8 dry seed pods;

17.4.9 Other material mutually agreed to by the County and the Contractor.

17.5 “Contamination or Residue” means solid waste, yard debris, or Hazardous Waste which is included in the delivered loads of Yard Trim that is not included in the definition of Yard Trim and is considered as unacceptable material.

17.6 “Delivery Delay” means a situation where the County’s or a Designated Hauler’s delivery vehicle has to wait in excess of 30 minutes after arrival at the Processing Facility or Transfer Facility property prior to the discharge of Yard Trim, or a situation where the facility is not open to receive materials during required Receiving Hours.

17.7 “Delivery Delay Damages” means an amount equal to 50% of the applicable Acceptance, Processing and Marketing Price for every ton of Yard Trim delivered by the County or its Designated Hauler for which the delivery vehicle had to wait in excess of 30 minutes after arrival at the Processing Facility or Transfer Facility property prior to discharge of the Yard Trim. The amount shall double for wait times over 60 minutes. County Designated Haulers and County vehicles will utilize a log to document the wait times.

17.8 “Designated Hauler” means any Person who is designated by the County to deliver Yard Trim to the Contractor’s Processing or Transfer Facility on behalf of the County.

17.9 “Facility or Facilities” means any component of the Contractor’s system which accepts, processes, or markets Yard Trim and disposes of any residue or byproduct of processing Yard Trim.

17.10 “Hazardous Waste” means any waste or substance, the treatment, storage or disposal of which, because of the composition or characteristics of the waste or substance, is unlawful to treat, store, or dispose of at the Processes or Transfer Facility or other facilities to be used in providing the Service and is considered hazardous under Applicable Law, including, but not limited to:

Howard County, Maryland Page 7 of 11 Office of Procurement

17.10.1 Controlled hazardous substances as defined in the Code of Maryland Regulations

(COMAR) 26.13.02.

17.10.2 Special medical waste as defined in COMAR 26.13.11.02.B(10).

17.10.3 Radioactive material as defined in COMAR 26.15.02.

17.10.4 Any other waste which any governmental body or unit having appropriate jurisdiction shall lawfully determine, from time to time, to be ineligible for acceptance or processing at facilities of the type being used to provide the service called for in these specifications because of the harmful, toxic, or dangerous composition or characteristics of the waste or substance.

17.11 “Marketing” means the sale of Yard Trim to a materials buyer, broker, or end user.

17.12 “Processing Facility” means the facility that the Contractor makes available to the County for the processing of Yard Trim pursuant to these specifications. Yard Trim may be delivered directly or to a Transfer Facility prior to delivery to this Facility.

17.13 “Maximum Contamination Level” means 5 percent of the gross weight of incoming loads of Yard

Trim.

17.14 “Processing” means the preparation necessary to render Yard Trim acceptable to markets and/or designated buyers and may include, but not be limited to shredding, curing, mulching, or bagging.

17.15 “Product” means the processed Yard Trim, which shall consist of shredded wood, compost, mulch, or as otherwise agreed between the Contractor and the County.

17.16 “Acceptance, Processing, and Marketing Price” means a price proposed in the price page, including subsequent adjustments in accordance with the specifications, to provide the services described in the specifications.

17.17 “Receiving Hours” means at a minimum from 7:00 a.m. until 5:00 p.m. Monday through Friday and from 8:00 a.m. to 12:00 p.m. on Saturdays, except for designated holidays.

17.18 “Ton” means 2,000 pounds.

17.19 “Transfer Facility” means a facility that the Contractor makes available to the County for the acceptance of Yard Trim pursuant to these specifications and from which the Contractor will transfer the accepted Yard Trim to a Processing Facility or market.

17.20 “Wrongfully Disposed Material” means materials disposed of by the Contractor without proper authorization by the County.

17.21 “Wrongfully Diverted Material” means materials including Yard Trim rejected or not accepted by the Contractor without proper authorization by the County.

18 TECHNICAL SPECIFICATIONS:

18.1 The Contractor shall receive, for the purpose of processing; Yard Trim as enumerated in section

17.4. The Contractor shall provide a list to the County of unacceptable items. The Yard Trim will be delivered in packer style, roll-off, semi-trailers, or split body trucks from designed haulers from County curbside collection routes, Alpha Ridge Landfill, or another County site. All material may be compacted. The designated haulers will be responsible for quality control and will not deliver material which is in non-biodegradable containers or bags.

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Via eProcurement System Rev. 7.16.24

18.2 Once unloaded all Yard Trim received at the processing facility or transfer facility shall become the property of the Contractor.

18.3 Processing and Transfer Sites:

18.3.1 The Contractor shall provide a privately owned or leased site(s) and facility (ies) which shall be operated by the Contractor for the receiving and processing of the Yard Trim delivered by the County. A Contractor whose processing facility does not meet the location criteria described in Paragraph 18.3.2 may provide a satisfactory transfer facility meeting the location criteria described in Paragraph 18.3.2. The Contractor shall supply all facilities, equipment, labor and other resources at the processing facility and/or transfer facility necessary for the proper unloading, storage, transfer, processing and marketing of the delivered Yard Trim. Contractor personnel shall have prior experience, technical expertise, and qualifications to reliably operate the facilities and comply with all requirements of the specifications. The site(s) must meet all requirements of applicable zoning regulations. If the site(s) is to be leased, the Contractor must submit a copy of the lease, or option to lease, for the subject property for the full term of the contract including all renewals (5 years) with the proposal. If the site(s) is to be purchased, the Contractor must submit an executed sales contract or option to buy with the proposal.

18.3.2 The Facilities shall be of such type, size and layout, and shall utilize appropriate operating methods, to be able to accept and process the projected tonnages of Yard Trim to be delivered by the County in compliance with all requirements of the specifications. The County reserves the right to inspect the proposed processing facility and transfer facility prior to selection of the qualified Contractor. The Contractor's processing facility or transfer facility to which Yard Trim will be delivered by the County or its designated haulers shall be located within the area specified in Attachment II. If the Contractor finds it necessary to change the location of the transfer facility or processing facility during the term of the contract, the County reserves the right to approve or deny the change.

18.3.3 The Contractor shall be responsible for maintaining the neat orderly appearance of both the inside and outside of the processing facility and if appropriate, transfer facility. The Contractor shall keep the facilities free from accumulation of waste and rubbish (except in appropriate locations) caused by operations at the facilities and shall maintain and operate the facilities so as to prevent the site from becoming unsightly or a nuisance under applicable law. Yard Trim shall be properly stored and/or contained such that:

18.3.3.1 Yard Trim will not be scattered or otherwise strewn about the site; and

18.3.3.2 Does not generate objectionable odors beyond the boundary of the property.

18.3.4 Equipment provided at the Processing facility or transfer facility shall include Maryland

Department of Agriculture certified scales for the weighing of Yard Trim delivered to the site for transfer, processing and marketing. Scales shall be regularly calibrated to ensure the accurate measurement of the weights of Yard Trim delivered. Weighing procedures shall be utilized which ensure that all Yard Trim are properly accounted for with regard to quantities transported to, transported from, and stored at the transfer facility and processing facility. The Contractor shall utilize computer hardware and software that interfaces directly with the scales. The scales at the Alpha Ridge Landfill may be used as a substitute if the transfer station or processing facility does not have a certified scale system at the discretion of the County.

18.3.5 The Contractor shall provide the County with a weigh ticket for each load of delivered

Yard Trim. The Contractor will provide weigh tickets, each with a unique transaction number, to the County and to the designated hauler, if requested, at the time of each delivery. The weigh tickets provided to the County shall be batched together for each day with an attached summary report for that day. The weigh ticket for each delivery must contain a unique transaction number, measured gross weight, measured tare weight, Howard County, Maryland Page 9 of 11 Office of Procurement

Via eProcurement System Rev. 7.16.24 calculated net weight (no manual weight entries will be accepted), date and time, material type, vehicle type, designated hauler name, and material origin (collection route designation). The summary report shall be prepared in a format acceptable to the County, and shall provide at least the following information for each scale transaction: date, time, Yard Trim material type, net weight, origin, and designated hauler. The County may have an employee or agent in the scale house at any time to observe scale operations, review weighing procedures, or conduct other related County business. The Contractor shall require each vehicle operator delivering material to present to the scale operator a form of identification as specified by the County.

18.3.6 If the permanent vehicle scales at the facility are not working properly, the Contractor shall use portable scales certified by the Maryland Department of Agriculture at the facility. If portable scales or other alternate weighing equipment meeting the requirements of applicable law are not available, a “scale outage” will occur, and the Contractor shall estimate the quantity of Yard Trims delivered on the basis of truck volumes and historical information supplied by the County. Within one hour of a scale outage, the Contractor shall notify the Chief, Recycling Division or designee by phone, or leave a recorded message on voice mail to advise the Chief, Recycling Division or designee of the need to estimate tonnage. These estimates will take the place of actual weighing records during the scale outage. To participate in the estimating of quantities of Yard Trim during a scale outage, the County may have an employee or agent present in the scale house when each collection vehicle arrives.

18.3.7 If any test shows that the Contractor’s scale registers farther above or below the correct reading than permitted by applicable law, all charges and calculations made within 30 days preceding the test must be corrected by the percentage of inaccuracy found. If a test of the scales has been performed during the preceding 30 days, only the readings and related charges and calculations made after that test must be corrected on the basis of the subsequent test.

18.3.8 The Contractor shall provide equipment of the type, size, and capacity as required to transfer and process the Yard Trim received in compliance with all requirements of the specifications. The Contractor shall maintain the facilities and all equipment in good condition and make timely repairs and replacements to ensure satisfactory performance.

18.3.9 The Contractor shall provide sufficient queuing space at the processing facility or transfer facility for all of the delivery vehicle types identified below. No queuing of delivery vehicles on public streets will be allowed. The Contractor’s delivery site shall have the indoor capacity to accommodate, with adequate headroom and volume, the expeditious automatic unloading of Yard Trim from the following vehicle types:

18.3.9.1 Standard rear, side, or front-loading compacting refuse-type vehicles (up to

32 cubic yard capacity).

18.3.9.2 Roll-off container vehicles (up to 50 cubic yard capacity).

18.3.9.3 Standard size tandem tractor-trailer-trailer style dump bed.

The Contractor shall take all necessary steps to ensure that no delivery vehicles are subject to a delivery delay. In the event of a delivery delay, Delivery Delay damages will be assessed as outlined in Section 17.7.

18.3.10 The Contractor shall accept deliveries at the stated site between the hours of:

18.3.10.1 7:00 a.m. and 5:00 p.m. Monday through Friday and from 8 a.m. to 12:00 p.m. on Saturdays.

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18.3.10.2 No operating hours need to be provided on the dates when the following County holidays are observed:

New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day and Christmas Day

18.3.10.3 On the collection weeks during these County holidays and for collections cancelations due to weather or related issues, the County collection contractors will operate on a slide collection schedule where each collection day after the holiday will slide to the following day with Saturday collections.

For those 6 holiday weeks, the Contractor shall accept Yard Trim from the County on Saturdays from 7:00 a.m. to 5:00 p.m.

18.3.10.4 The Contractor must accept Yard Trim at the facility at hours other than the receiving hours, to the extent permitted by applicable law, upon a minimum of 2 hours prior notice of such delivery by the County. There will be no additional charge by the Contractor for out-of-hours delivery of Yard Trim as long as such notice has been given. If the 2 hour notice is not provided, the Contractor may charge a premium for Yard Trim delivered after receiving hours equal to 50% of the applicable processing price.

18.3.10.5 Alternative hours or days may be scheduled if mutually agreed to in writing by the County and the Contractor.

18.3.11 The Contractor shall accept, handle, and transport all Yard Trim in a safe manner and shall conduct all services described in this specification in accordance with all applicable laws and regulations. A safety plan providing a description of safety procedures to be implemented at the facilities shall be provided for County review and approval within 30 days after contract award notification.

18.3.12 The Contractor shall have a plan for the identification, handling, and disposal of unexpected hazardous waste at the facility (ies) (the “Hazardous Waste Plan”).

18.3.13 The County and its agents and licensees may visit or inspect the facilities without prior notice at any reasonable time during the term of this contract. The County and its agents and licensees shall conduct visits to the facilities in a manner that does not cause unreasonable interference with the Contractor’s operations. The Contractor may require any person on a facility site to comply with its reasonable rules and regulations and to sign a statement agreeing (i) to assume the risk of the visit but not the risk of injury due to the intentional or negligent acts or omissions of the Contractor or any of its subcontractors, agents or employees and (ii) not to disclose or use any confidential information of the Contractor other than for the purpose for which it was furnished and in accordance with applicable law.

18.4 The Contractor shall market the processed product generated from the Yard Trim to buyers or end-users and shall be responsible for transportation or for arranging for transportation of the processed product to the market location. The Contractor may enter into agreements with Yard Trim buyers for the sale of the processed product. Revenues generated from the sale of the processed product shall be retained by the Contractor. Marketing of the processed product shall be in accordance with a marketing plan submittal to and approved by the County.

18.4.1 It is the intention of the County that the Contractor makes its best effort to recover and market the maximum quantity of Yard Trim delivered. However, due to the uncertain nature of business, a situation may arise where a demand for the processed product

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Via eProcurement System Rev. 7.16.24 becomes suddenly and unequivocally unavailable. In this situation, the contractor may dispose of pre-approved quantities of materials as solid waste until a new market develops.

Therefore, Yard Trim may not be disposed as solid waste unless:

18.4.1.1 The Contractor can certify to the satisfaction of the Chief, Recycling Division or designee that the material is not marketable even at a negative price of up to the current Alpha Ridge Landfill tipping fee, and

18.4.1.2 The Contractor obtains written advanced permission from the Chief, Recycling Division or designee to dispose of the material.

18.4.2 The Contractor is prohibited from disposing of Yard Trim except as authorized in Paragraph 18.4.1. Yard Trim disposed other than as authorized shall be deemed wrongfully disposed material. The Contractor shall pay a penalty fee for each ton of wrongfully disposed material equivalent to the Alpha Ridge Landfill tip fee, currently $106 per ton and is expected to increase in the future.