HomeMy WebLinkAboutApril 28, 2025 Special Session Meeting AGENDA
Lillington Board of Commissioners
Special Session Meeting
Lillington Town Hall 102 E. Front Street Lillington, North Carolina 27546
April 28, 2025 8:30am
CALL TO ORDER MAYOR GLENN MCFADDEN
NEW BUSINESS
Item #1 Discussion and Approval of Contract for Solid Waste and Recycling Collections
Services for Residential & Commercial Customers with Carolina Trash Pickup, Inc.
(DBA Carolina Trash & Septic) - (Subject to Final Review and Approval from
Attorney, Tony Buzzard)
Joseph Jeffries, Town Manager
ADJOURNMENT
AGENDA ITEM SUMMARY
Date of Meeting: April 28, 2025
Staff Work By: Joseph Jeffries, Town Manager
AGENDA ITEM
Discussion and Approval of Contract for Solid Waste and Recycling Collections Services for
Residential & Commercial Customers with Carolina Trash Pickup, Inc. (DBA Carolina Trash &
Septic) – Subject to Final Review and Approval from Attorney, Tony Buzzard.
ITEM SUMMARY
Discussion and Approval of Contract for Solid Waste and Recycling Collections Services for
Residential & Commercial Customers with Carolina Trash Pickup, Inc. (DBA Carolina Trash &
Septic) - Subject to Final Review and Approval from Attorney, Tony Buzzard.
RECOMMENDED ACTION
Approve Contract for Solid Waste and Recycling Collections Services for Residential &
Commercial Customers with Carolina Trash Pickup, Inc. (DBA Carolina Trash & Septic) - Subject to
Final Review and Approval from Attorney, Tony Buzzard.
AGENDA ITEM #1
TOWN OF LILLINGTON CONTRACT FOR SOLID WASTE AND RECYCLING COLLECTIONS SERVICES FOR RESIDENTIAL & COMMERCIAL CUSTOMERS
WITH CAROLINA TRASH PICKUP, INC (DBA CAROLINA TRASH & SEPTIC)
WHEREAS, the Town of Lillington (“the Town”) intends to retain Carolina Trash Pickup, Inc. (dba Carolina Trash & Septic) (“the Provider”) to provide collection, transportation, and
disposal of residential and commercial solid waste; and
NOW, THEREFORE, in consideration of the promises and covenants of the parties hereto herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and the Provider agree to the following terms and conditions.
I. Duration The Contract shall commence on July 1, 2025 and extend for an initial period of five (5) years (“Initial Term”). The Contract shall be renewable for successive two (2) year?? terms (each a “Renewal Term”) upon the mutual written agreement of the parties. Notice of intent to renew shall be made in writing at least ninety (90) days prior to expiration of the Initial Term or a Renewal Term, whichever is applicable. The Town and the selected Provider shall re-confirm or re-negotiate the unit rates prior to any Contract renewal. Any amendment or modification of the Contract shall be null and void, unless it is contained in a writing signed by both parties.
II. Location and Frequency of Collection A. Residential & Commercial Collection
Beginning July 1, 2025 through the duration of the contract, the Provider shall be responsible for the collection of residential and commercial solid waste as provided herein. All residential collections made by the Provider other than a physically disabled resident shall be made at curbside from the streets, except where special circumstances warrant otherwise, and dumpster locations for commercial customers, which must be approved by the Town. The Town shall require residential owners to deliver receptacles (96-gallon poly cart/roll out) to the curbside for collection and return empty receptacles from the curbside to the usual place of storage. Physically disabled persons may request in writing to receive service whereby their waste containers (poly cart/roll out) are moved by the Provider from a convenient location to the curbside for pickup. The resident will not incur any additional cost for this service. The Town will furnish the Provider with a list of all physically disabled residents requiring this service.
All solid waste hauled by the Service Provider shall be disposed of at a facility permitted to accept said waste. All Recyclables will be delivered to an established recycler. No fees shall be billed to Town for
processing co-mingled recyclables. Provider shall retain any revenues. ALL new customers are anticipated to receive a 48 business hours lead time for delivery of new
carts.
B. Collection Frequency
The collection of solid waste and recyclables from all residential units shall be conducted on a “Schedule A” (Thursday) and Schedule B” (Friday) basis each week weekly basis (52 collections annually) for solid waste and biweekly basis (26 collections annually) for recycling. See attached “Schedule A & B” Map. Yard Waste, Bulky Items, Brown Goods & White Goods shall be collected on a weekly basis (52 collections annually). Leaves shall be collected per the RFP. C. Hours of Collection Residential collection shall be between the hours of 7:00 a.m. to 9:00 p.m. Exceptions will be approved by the Town only when necessary to complete collection of a route due to unusual circumstances. D. Holidays When the regular pick-up falls on a holiday, the pick-up shall be made on the following day, unless
otherwise authorized by the Town. The Provider’s Holiday Schedule must be approved by the Town. * E. Missed Collections
The Town expects the Provider to maintain the contracted time frames. Failure to maintain the time frames established in the Contract shall constitute a breach of the Contract In the event that a regularly scheduled collection is missed and a complaint is received by either the Town or the Provider, a special collection of the solid waste will be required of the Provider within twenty-four (24) business hours of receipt of complaint. Provider will have enhanced electronic method to communicate with Town that will maintain records of communications and provide record producing capabilities. In the event of missed pickups due to acts of God, weather, or events outside the control of the
Provider, pickup will be made as soon as possible when conditions are safe to continue service. III. Operations
A. Notices to Customers
The Provider shall cooperate with the Town to inform all residents and customers about relevant complaint procedures, rate and billing procedures, collection regulations, days and hours of scheduled collection service, and any other relevant notices. In addition, the Provider shall provide the Town with any information the Town requests. B. Necessary Equipment and Containers; Repair and Maintenance 1. Provider shall provide an adequate number of vehicles to collect solid waste in accordance with the Contract. The vehicles shall be licensed in the State of North Carolina and shall be operated in compliance with all applicable state, federal, and local laws, regulations, and ordinances. The vehicles shall be manufactured and maintained to conform to the appropriate American National Standard Institute‘s
specifications. Each vehicle shall bear, at a minimum, the name and website or telephone number of the Provider, which shall be plainly visible on both sides of the vehicle.
2. The Provider shall properly maintain all Provider-owned collection equipment, vehicles, and containers and endeavor to keep the same serviceable. When they are no longer serviceable, such items of
equipment shall be replaced with equipment in proper operating condition. 3. The Provider will perform all maintenance and repairs at its own expense on Provider-provided containers and equipment to keep such in proper operating condition. The Provider shall maintain, repair, or replace a container upon the reasonable request of the Town. The Provider is entitled to seek restitution for all maintenance or repairs occasioned by the negligent or intentional acts of third parties from such responsible third party, and the Town shall not be liable for any damages or expenses related thereto. 4. The Town shall have the right to inspect all vehicles, equipment, and containers used by the Provider in carrying out the requirements of this RFP. Provider shall promptly correct all violations of any Town ordinances or state or federal laws.
5. ALL Town facilities will receive the required number of rollout carts and/or dumpsters free of charge. These locations are as follows:
* Town Hall/Police Department * Community Center
* Chamber of Commerce *Inspections Building *Parks & Recreation * Public Works Facility 6. *Provider shall also provide rollout carts to ALL Town sponsored events free of charge, and empty the eight (8) metal trash cans in the downtown on a weekly basis. IV. Fees for Services The Provider will charge the following fees for solid waste services: Residential Solid Waste Service (96 Gallon Container)
Weekly Collection (52 Collections Annually) of one (1) 96 Gallon Poly Roll Cart for Trash $ 8.32 per month
$8.32 per month for commercial trash carts Bi-weekly Collection (26 Collections Annually) of one (1) 96 Gallon Poly Roll Cart for Recycling
$ 5.10 per month Weekly Collection (52 Collections) of one (1) 96 Gallon Poly Roll Cart for Yard Waste including Leaf Pickup, Bulky Items, Brown Goods & White Goods per definitions and specs in the RFP $9.15 per month The above fees and charges are the extent of fees or charges that may be levied to the Town in connection with the collection of residential solid waste and recyclables.
Pursuant to the Contract between the Town of Lillington and Carolina Trash Pickup, Inc., the Provider may adjust prices if there are any changes due to Harnett County and will receive an
annual adjustment on the anniversary of the first year of Contract and each subsequent year based on the agreed upon the Consumer Price Index (CPI) Water, Sewer and Trash Index for the month of January, published by the U.S. Department of Labor, Bureau of Labor Statistics. The agreed upon adjustment will take effect July 1st. V. Billing and Customer Service A. Invoices The Provider will bill the Town for residential collection monthly consistent with the agreed upon fees and rates set forth above. The Town shall make payment of the full amount due under the
invoice within thirty (30) days of receipt of an invoice. The initial customer count shall serve as the basis for calculating the invoice for the first month of service under the Contract. The Provider shall maintain a list of addresses (initially provided by the Town,) that have been provided a 96-
gallon roll-out poly cart for service and furnish the Town with the list as updated/revised. The Provider shall verify the information and use the agreed upon monthly total at the time of the invoice as the basis for calculating the amount the Town owes the Provider under the Contract.
The Town and Provider shall cooperate in providing the necessary information and billing on a timely basis so that payment may be made. All invoices shall list the number of serviced locations, cost per location, disposal tonnages and disposal fees and recycling tonnages and fees to be paid by the Town. B. Complaint Procedure/Process The Provider shall employ enough personnel to answer and respond to all complaints from the public concerning the Provider's service. Provider shall equip the office with a telephone system providing a local phone number that shall include an automatic telephone answering device or service for receiving complaints from the public during non-business hours. Provider shall also secure and keep a telephone
listing in the telephone directory as soon as possible. All complaints shall be promptly investigated within one (1) business day of receipt and resolved as quickly as feasible. When a complaint is received on the day preceding a holiday or on a Saturday, it shall be responded to no later than the following business day.
Provider shall always have available competent personnel who shall have authority to represent the Provider VI. General Duties. The Provider shall, without limitation:
1. Comply with any and all federal, State, or local laws, ordinances, codes, rules, regulations, guidelines, or orders that now or may in the future become applicable to Proposer or to the Services (“Applicable Laws”);
2. At all times during the term of this Contract, including any extension(s), procure and maintain all licenses and permits required for the performance of the Services;
3. Satisfactorily complete all required annual state inspections;
4. Comply fully with all Applicable Laws imposed under or established by the Occupational Safety and Health Act of 1970;
5. Be and remain an “Equal Opportunity Employer” and comply with all federal, state, and local affirmative action requirements;
6. Follow employment policies that meet the requirements of the Fair Labor Standards Act and comply with all applicable regulations of the U.S. Department of Labor;
7. Collect and pay over to any and all federal, state, and/or local taxing authority(ies) all applicable taxes, fees, and assessments in connection with the provision of the Services;
8. At all times during the term of this Contract, including any extension(s), provide to Town on a reasonable basis a report describing the Services in such detail as requested by Town from time to time in its sole discretion;
9. Furnish all personnel with professional company provided uniforms.
10. Ensure that all personnel wear and/or possess proper identification.
11. Demonstrate a viable chain of command and provide points of contact at each level for Town.
12. Maintain a quality control program satisfactory to Town.
13. Maintain standard operating procedures, which shall include, but not be limited to, defined routines,
routes, and inspections;
14. Implement written work schedules for the Services;
15. Advise the Town whenever an accident occurs during performance of the Services;
16. Furnish documentation of compliance by Provider with the above requirements promptly to Town upon its request, therefore.
17. Contractor shall utilize the use of rear load trucks in all areas that do not have a sidewalk or that
have an open ditch to accommodate cart placement back in a neat, orderly manner, and outside of street.
18. Contractor may utilize an automated side load truck in areas that permit them to place the cart back
in a neat and orderly manner.
VII. Insurance
The Provider must provide a Certificate of Insurance confirming the minimum coverage and requirements noted below. Proof of this coverage must be included as part of bid package. Certificates must also be furnished for all subcontractors supporting this Contract. The Provider shall provide and
maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for personal injury, including accidental death, as well as from claims for property damages which may arise from
operations under this Contract, whether such operations are performed by the Provider itself, by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amounts of such insurance must meet or exceed the following amounts:
(1) Public Liability Insurance in an amount of $1,000,000 for Bodily Injury/Property.
(2) *Damage to any one person and subject to the same limit for each person, in an amount not
less than $2,000,000 Total Policy Limit or Aggregate.
(3) Automobile Liability in the amount of $1,000,000.
(4) *Overall Umbrella liability in the amount of $2,000,000.
(5) The Provider shall provide and maintain during the life of this Contract Worker’s Compensation Insurance for all employees employed at the various sites connected with this
contract as required by North Carolina law.
The Provider shall furnish such additional special insurance as may be required by the General
Statutes of North Carolina for the services provided. All insurance premiums shall be paid solely by the
Proposer. Each Certificate of Insurance shall add "Town of Lillington, N.C." as an additional insured on
the liability policies. Each Certificate of Insurance shall bear the provision that the policy cannot be
canceled, reduced in amount, or coverage eliminated without thirty (30) days written notice of such
alteration or cancellation to the Town, sent by registered mail or overnight commercial courier with delivery
confirmation.
VIII. Security for Faithful Performance. Within ten (10) calendar days after award of the Contract, the Provider shall furnish an Irrevocable Letter of Credit or performance bond as security (either or both, the "Security") for the faithful performance of this Contract. The Security shall be in the minimum amount of 10% of the contract award. The Security shall be in addition to and not in limitation of any other remedies that the Town may have for default by the Provider.
Premiums for the Security, if any, shall be paid solely by the Provider. If the Security includes a performance bond, a certificate from the surety showing that the premiums are paid in full shall be provided to the Town. The surety on the performance bond shall be a duly authorized corporate surety authorized to do business in the State of North Carolina. The Security will be used to remediate any such additional cost and burden to the Town. Documents certifying the Provider’s
ability to provide the above will be included as part of bid package.
IX. Miscellaneous Provisions a. Governing Law. This contract shall be governed and construed in accordance with the laws of the State of North Carolina. The place of this contract, its situs
and forum, shall be Town of Lillington, (Harnett) North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation, and enforcement shall be determined. b. Subcontracting. The Provider may subcontract performance under the Contract
only with the prior written approval of Town.
c. General Indemnity. The Provider shall hold and save the Town, its officers, agents, and employees harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation
furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by
the Proposer in the performance of this Contract that are attributable to the negligence or tortious acts of the Proposer.
d. Replacement Services. If the Provider is unable or unwilling to perform any of its obligations set forth in the Contract, the Town may procure similar services from other sources and hold the Provider responsible for any cost occasioned thereby.
e. Amendments and Modifications. This contract may be modified or amended by mutual consent of the parties as long as the amendment is executed in the same fashion as this contract.
f. Entire Agreement. This contract constitutes the entire agreement between the
parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this contract.
g. Severability. In the event that any provision of this contract shall be invalid,
illegal or otherwise unenforceable, the validity, legality and enforceability of the
remaining provisions shall in no way be affected or impaired thereby.
h. No Third Party Benefits. There are no third party beneficiaries to this contract. Nothing in this contract shall create or give to third parties any claim or right of
action against the Town or the Provider.
i. Counterparts. This contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument.
j. E-verify. All parties shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, “Verification of Work Authorization,” and will provide documentation reasonably requested by the other demonstrating such compliance. k. Unavoidable Delays. If and to the extent that either Provider or Town's performance of any of its obligations pursuant to this Contract is prevented, hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, revolutions, or any other similar cause beyond the reasonable control of such party (each, a "Force Majeure
Event"), then the non-performing, hindered, or delayed party shall be excused for such non-performance, hindrance, or delay, as applicable, of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event
continues; provided, that such party continues to use commercially reasonable efforts to re-commence performance whenever and to whatever extent possible
without delay, including through the use of alternate sources, workaround plans,
or other means. The party whose performance is prevented, hindered, or delayed by a Force Majeure Event shall promptly notify the other party in writing of the occurrence of a Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event and the expected date of re-commencing
performance. Notwithstanding the provisions set forth in this paragraph, if the
party prevented from performing fails to re-commence performance within fourteen (14) days, the Town may terminate this Contract without penalty effective upon delivery of notice to Proposer. l. Independent Contractor. Contractor shall perform this Agreement as an
independent Contractor and shall have and maintain complete control over its
employees, agents and operations. Accordingly, Contractor shall be responsible for payment of all Federal, State and Local taxes. Contractor and its agents and employees shall not represent, act, purport to act, or be deemed to be the agent, representative, employee or servant of the Client.
m. Worker’s Compensation Insurance. If required under State or Federal law,
Contractor shall provide and maintain worker’s compensation insurance covering the work outlined herein and provide satisfactory proof of same to Client prior to commencement of any work. n. Drafting of Document and Reliance by Parties. In negotiation, discussion and
drafting of this contract, the parties have been advised to seek legal counsel for
representation to the extent they desire and have been given the opportunity to do so. The parties warrant, represent and agree that they are not relying on the advice of any other party to this contract as to the legal or other consequences arising out of the negotiation and execution of this contract other than legal counsel to the
extent they have chosen to consult legal counsel. The parties warrant and agree
that this contract was not induced by fraud, coercion, compulsion or mistake. This contract shall be deemed to have been drafted by both parties and for purposes of interpretation no presumptions shall be made to the contrary. o. Reading and Signing. The parties hereby further warrant that they have
completely read all the terms hereof; that they are competent to sign this contract;
that they fully understand the terms of this contract; and that they voluntarily accept the terms of this contract. p. Governing Law and Consent to Jurisdiction and Venue. The parties warrant and agree that this Agreement has been executed in the State of North Carolina
and shall be subject to, and construed in accordance with, the laws of the State of
North Carolina. Any and all actions relating in any way to this contract shall be brought in the General Courts of Justice in the County of Harnett, State of North Carolina in the District Court Division. q. Dispute Resolution. If a party hereto believes it has the right to bring a court
proceeding or file an action with the court that relates in any way to the matters in
controversy addressed by this contract, said proceeding shall be filed and heard in Harnett County District Court and all parties hereby consent and agree to said exclusive jurisdiction and venue.
r.Indemnification/Hold Harmless. To the fullest extent allowable under NorthCarolina law, Contractor hereby agrees to indemnify, hold harmless and defend
Client from any and all actions which may arise as a result of any damages or
claims for damages against Contractor or Client by any person or entity, includingother parties hereto, arising from this contract or performance of the services ascalled for herein.s.Awareness of Hazards. Contractor represents that it understands the currently
known hazards to persons, property and the environment resulting from the
services called for in this contract. Contractor further represents that it willperform all services under this Agreement in a safe, efficient and lawful manner,using industry-accepted practices and methods.t.Waiver Only for Specific Occurrence. Any waiver by either party of any
provision or condition of this Agreement shall not be construed or deemed to be a
waiver of any other provision or condition of this Agreement, nor a waiver of asubsequent breach of the same provision or condition.u.Waiver of Less Than Strict Performance. Failure to require strict performanceof any of the provisions hereof shall not be considered a waiver of future right to
demand strict performance with the provisions of this Agreement.v.Guarantee. It is understood by all parties that the Client has full control over themanner of performance of the services called for in the contract. Contractorrepresents that it is familiar with this type of work and hereby provides aguarantee that, absent unforeseen circumstances, the services will be performed to
reasonably accepted standards within their profession.w.Collection Costs and Reasonable Attorney Fees. In the event either party iscaused to engage the services of an attorney to enforce the terms of thisAgreement, the prevailing party shall be entitled to recover the costs of suchenforcement including, but not limited to, reasonable attorney’s fees, court costs
and other fees and costs reasonably incurred.x. Headings. The subject headings of the paragraphs are included for purposes ofconvenience only and shall not affect the construction or interpretation of any ofits provisions.y. Authority. The undersigned persons hereby verify that they have the actual and
apparent authority to enter into this contract and that any and all action necessary
to approve this contract has been undertaken and approved by said entities.
X.Termination
The Town shall have the right to terminate this Contract if the Provider is in default or
breach of its obligations hereunder. If Town determines that Provider is in default or breach, the Town will give written notice specifying the default or breach. Upon receipt of such notice, the Provider may correct or cure such default or breach to Town's satisfaction within 15 days of receipt of such notice. If Provider fails to so correct or cure the default or breach
within the allotted time, the Town may terminate the Services immediately without further
notice.
This Agreement may be terminated by Provider, with or without cause, at the end of the initial term or any extension(s) thereof, by giving at least one hundred twenty (120) days
advance written notice to Town prior to the expiration of the initial term or any extensions
thereof.
CAROLINA TRASH PICKUP, INC. TOWN OF LILLINGTON, NC (DBA CAROLINA TRASH & SEPTIC A municipal corporation of Harnett “Contractor” County, North Carolina
By:____________________________ By:____________________________ Alex Babbitt Joseph Jeffries Owner Town Manager