200-WASTE-01212025-CR.pdf

Johnston County Public Schools

REQUEST FOR PROPOSALS

Solid Waste and Recycling Collection Services

Johnston County Public Schools

Point of Contact: Cynthia Rivera/ Director of Purchasing

Purchasing Department

Email: purchasing@johnston.k12.nc.us

Office: (919) 934-6032

Ext. 8065

DEADLINE FOR SUBMISSION OF PROPOSALS:

JANUARY 21, 2025 by 9:00 A.M.

NOTICE TO BIDDERS

All bids are required to be SEALED and received by Johnston County Public Schools, Purchasing Department located at Simpson’s Building, 2320 US HWY 70 Business East

Smithfield, NC 27577, RFP No. 200-WASTE-01212025-CR, Attn: Cynthia Rivera no later than 9:00am (local time) on Tuesday, January 21, 2025. All replies must reference RFP No. 200-WASTE-01212025-CR

NOTE: RFP No. 200-WASTE-01212025-CR and Vendor Name, must be present and visible and clearly labeled on the outer shipping package/container/envelope otherwise the bid will be rejected. Refer to page 4 for proper mailing instructions.

Bids submitted via facsimile (FAX) machine, open, see through, or emailed in response to this Request for Proposal will not be acceptable. Bids are subject to rejection unless submitted on this form.

*Historically Underutilized Businesses are encouraged to bid mailto:purchasing@johnston.k12.nc.us

RFP No. 200-WASTE-01212025-CR Page 2 of 23

EVENT DATE/TIME

Public Notice January 2, 2025

Submit Questions to purchasing@johnston.k12.nc.us

By 5:00pm on January 14, 2025

Provide Responses to Questions at this Link January 15, 2025

Bid Documents Due By 9:00am on January 21, 2025

Public Bid Opening All Sealed Bids will be publicly opened on

January 21, 2025 at 9:00am https://docs.google.com/document/d/1VRfJI2EfzcI-MzX0B-xVTvNDrgOPv0--ZbH2iZL70H0/edit?usp=sharing

Johnston County Public Schools

REQUEST FOR PROPOSALS

SOLID WASTE COLLECTION and RECYCLING SERVICES

I. REQUEST FOR PROPOSALS

A. Request

Johnston County Public Schools, North Carolina ("JCPS") is seeking 5-year proposals from qualified firms to provide collection of solid waste and recycling from Johnston

County Schools, utilizing Contractor-provided receptacle/containers. There are currently 23 Elementary Schools, 14 Middle Schools, and 8 High Schools and 5 office areas, as well as 1 elementary school starting fall 2025, and 1 high school starting in fall of 2026.

B. Obtaining a Request for Proposal

This RFP is available to all qualified firms. Copies of this RFP can be obtained from

JCPS Purchasing Department, or by emailing Cynthia Rivera, Director of Purchasing at purchasing@johnston.k12.nc.us.

C. Questions

All questions regarding this RFP, the services identified herein, or any request for additional data or information must be submitted in writing by 5:00 P.M. on Tuesday, January 14, 2025. All questions must be sent to Cynthia Rivera, via email to purchasing@johnston.k12.nc.us the subject line must reference Questions RFP No.

200-WASTE-01212025-CR.

Responses to these questions will be provided no later than Wednesday, January 15, 2025 via this link. JCPS will make every effort to provide answers to questions within

24 hours of receiving the question via the Link provided. Questions received after the timeframe provided to submit questions are not guaranteed to be answered. JCPS will make every effort to answer any and all questions submitted.

D. Submission of Proposal

To receive consideration, an original and two (2) copies of the proposal shall be submitted to JCPS (by mail or in person) to 2320 US-70 Business Smithfield, NC 27577

RFP No. 200-WASTE-01212025-CR, Attn: Cynthia Rivera no later than 9:00 A.M., on

Tuesday, January 21, 2025 at which time they will be publicly opened. Bidders are welcome to attend the bid opening but bidder presence is not required and no weight or other consideration toward any award decision will be given to any bidder’s attendance or absence at the bid opening. The time/date recorder located at JCPS

Simpson’s Building, 2320 US HWY 70 Business East Smithfield, NC 27577, will be used to record the official time of receipt. The outside of the sealed envelope or package shall be marked RFP No. 200-WASTE-01212025-CR and include Vendor Name.

RFP No. 200-WASTE-01212025-CR Page 3 of 23 mailto:purchasing@johnston.k12.nc.us https://docs.google.com/document/d/1VRfJI2EfzcI-MzX0B-xVTvNDrgOPv0--ZbH2iZL70H0/edit?usp=sharing

*** USPS mail is automatically routed to our PO Box which creates issues for large packages, please do NOT use this method to send proposals.***

C. MAILING INSTRUCTIONS:

Mail one original executed bid document and (2) copies of the proposal. Bids should be completely sealed, address envelope, and include bid number as shown below to

Johnston County Public Schools Purchasing Department, located at Simpson’s Building, 2320 US HWY 70 Business East Smithfield, NC 27577 RFP No. 200-WASTE-01212025-CR

Attn: Cynthia Rivera, no later than 9:00 A.M. on Tuesday, January 21, 2025 at which time they will be publicly opened. It is the responsibility of the bidder to have the bid in this office by the specified time and date of opening.

*** USPS mail is automatically routed to our PO Box which creates issues for large packages, please do NOT use this method to send proposals.***

DELIVER TO:

Johnston County Public Schools

Purchasing Department RFP No. RFP No. 200-WASTE-01212025-CR

Attn: Cynthia Rivera Simpson’s Building

2320 US HWY 70 Business East Smithfield, NC 27577

RFP number and vendor name must be clearly written on OUTER envelope

FAILURE TO INCLUDE BID NUMBER AND

VENDOR NAME ON OUTER ENVELOPE MAY

CAUSE BID TO BE CONSIDERED

NONRESPONSIVE

II. SUMMARY

The intent of this RFP is to provide trash and recycling services to all Johnston County

Public Schools and their administrative buildings. No fuel or environmental fees will be allowed during the term of the agreement.

III. TERM OF CONTRACT

A. It is Johnston County Public Schools intent to award a single overall bidder or more than one selected Vendor to provide collection, transportation of solid waste and recycling. All JCPS solid waste shall be delivered to a permitted transfer station or

RFP No. 200-WASTE-01212025-CR Page 4 of 23 landfill. All recyclables shall be delivered to a licensed MRF or Processing Facility.

Disposal fees will be paid by the hauler. JCPS will enter into an agreement with the vendor it determines to be in the best interests of Johnston County Public Schools.

Start date to be determined upon award.

B. The agreement shall commence upon the date of execution of the agreement by both parties for an initial period of five years. Any amendment or modification of the agreement shall be null and void, unless it is contained in writing signed by both parties.

IV. PROPOSAL FORMAT

The vendor shall include the following:

A. Letter of Transmittal

The letter of transmittal accompanying any proposal shall be addressed to JCPS

Purchasing Director, Cynthia Rivera, must, at a minimum, contain the following:

1. Identification of the vendor, including name, address, telephone number, fax number, and e-mail address;

2. Location of the office from which service will be provided, including hours of operation; and

3. The signature of an officer of the Vendor authorized to bind the Vendor.

B. Responsiveness to JCPS Request

The vendor shall include the Vendor’s detailed concept for the provision of all services identified herein.

C. Vendors Experience

The proposal must include a demonstration of the Vendor’s knowledge and experience related to the types of services identified in this RFP. This should include a list of similar projects and a description of the Vendors general organization and names of key personnel, indicating the depth and quality of experience of such personnel.

A minimum of three references shall be provided, which shall include the following:

(1) identification of each reference, (2) a contact person at the reference, and (3) the reference's mailing address, telephone number, and email address. All references shall be from similar projects done by the personnel to be involved in providing service under this RFP. (3) references that are similar in size and complexity to Johnston

County Public Schools.

D. Financial and Insurance Information

Vendor shall submit a financial statement in accordance with the Generally Accepted

Accounting Principles as part of its proposal.

RFP No. 200-WASTE-01212025-CR Page 5 of 23

Insurance: CONTRACTOR shall be required to carry general liability insurance, workers compensation insurance and motor vehicle insurance as required by State laws as outlined below:

Coverage Minimum Limits of Liability

Workers Compensation Statutory

Employer Liability $100,000/$500,000

General Liability

Bodily Injury $500,000 each occurrence

Property Damage $100,000 aggregate

Automobile Liability

Bodily Injury $1,000,000 each person

$1,000,000 each occurrence

Property Damage $1,000,000 each occurrence

Excess Umbrella Coverage $3,000,000 each occurrence

Certificates of insurance shall be provided to CUSTOMER by CONTRACTOR

Vendor shall maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in conjunction with the performance of the work by the vendor, agents, representatives, employees, or subcontractor.

E. Fee Proposal

The fee proposal (Attachment A) shall be completed. The proposal must list all fees or charges that may be levied to JCPS in connection with the collection of solid waste and recycling including disposal and recycle processing fees. An authorized official having legal authority to submit bids on behalf of the company must sign Attachment

B. Bidder is also required to submit Attachment C, Attach e-verify and Iran Divestiture

Forms; and Attachment D, Locations and Frequency of Cans Form.

V. PROCESSING OF PROPOSALS

Johnston County Public Schools reserves the right to reject any and all proposals and discontinue the RFP process without obligation or liability to any potential vendor.

Johnston County Public Schools reserves the right to select the proposal(s) which in its sole judgment best meet the news, services and cost of JCPS.

Johnston County Public Schools reserves the right to accept or reject any one or more items of the proposal and/or waive any irregularities or informalities in any proposal or in the proposal process.

Johnston County Public Schools reserves the right to award more than one contract to one or more bidders if it is in the best interest of Johnston County Public Schools.

RFP No. 200-WASTE-01212025-CR Page 6 of 23

JCPS will make decisions regarding evaluation of the proposal. JCPS also reserves the right to judge and determine whether a request is compliant and has satisfactorily met the requirements of the RFP.

A. JCPS Not Liable for Any Pre-contractual Expenses

In no event shall JCPS be liable for any expenses incurred in the preparation of a

Vendor's proposal or any other expenses incurred prior to execution of an agreement by both parties. Pre-contractual expenses include, but are not limited to, the following:

(1) Expenses related to preparing and submitting a proposal to JCPS;

(2) Expenses related to negotiations with JCPS, including without limitation negotiation regarding any mailer related to the contract terms, professional fees, and schedule; and

(3) Any other expenses incurred by the Vendor prior to entering into an agreement with JCPS.

B. Notification of Successful Vendor(s).

Vendors shall be notified as soon as possible by JCPS following approval by the JCPS

Board of Education during their regular scheduled board meeting.

Selection of Vendors.

1. Qualifications

The Vendor shall be a single firm and must show evidence of its technical capability in the services identified in this RFP. The Vendor shall also be knowledgeable concerning all applicable federal, state, and local laws, regulations, and ordinances. Work shall be done in conformance with current professional practices in the State of North Carolina.

2. Criterion for Selection of Vendor to Negotiate an Agreement

JCPS will analyze the following criterion in selecting a Vendor:

1. Cost

2. Ability to meet service expectations

3. Experience with related programs

4. References and financial stability

5. Completeness of the proposal

6. Ability to provide and maintain equipment

VI. Operations - Location and Frequency of Collection

A. Collection

All Solid Waste will be delivered safely and legally to a permitted Transfer Station or

Landfill. Recyclables shall be delivered safely and legally to an approved processor.

RFP No. 200-WASTE-01212025-CR Page 7 of 23

B. Hours of Collection

Normal hours of collection shall be as specified below. Exceptions will be approved by

JCPS only when necessary to complete collection of a route due to unusual circumstances.

Avoid collection between the hours of:

● Elementary 8:00 am - 9:00 am and 3:15 pm - 4:15 pm

● Middle 7:00 am - 8:05 am and 2:15 pm - 3:15 pm

● High 6:30 am - 7:15 am and 1:30 pm - 2:30 pm

C. Holidays

When the regular pick-up falls on a holiday, herein defined as Thanksgiving Day, and

Christmas Day, (or any day the Transfer Station/Landfill is closed) the pick-up shall be made on the following day, unless otherwise authorized by the JCPS.

D. Missed Collections

In the event that a regularly scheduled collection is missed and a complaint is received, a special collection of the solid waste will be required of the Vendor within twenty-four (24) hours of receipt of complaint. Vendors will have enhanced electronic methods to communicate with JCPS 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 Vendor, pickup will be made as soon as possible when conditions are safe to continue service.

VII. Operations

A. Hours of collection

Collection of trash shall not be during the hours of school intake and dismissal:

● Elementary 8:00 am - 9:00 am and 3:15 pm - 4:15 pm

● Middle 7:00 am - 8:00 am and 2:15 pm - 3:15 pm

● High 6:30 am - 7:15 am and 1:30 pm - 2:30 pm

B. Routes of collection

Collection routes shall be established by the contractor. A copy of the pick up schedule shall be provided.

C. Missed Collections

The contractor shall, at no cost to Johnston County Public Schools, provide same day collection of any missed collections. A system notification shall be established between JCPS and the contractor for resolution of problems related to collection.

RFP No. 200-WASTE-01212025-CR Page 8 of 23

D. Necessary Equipment and Containers; Repair and Maintenance

1. Vendors shall provide an adequate number of vehicles to collect solid waste and recyclables in accordance with the Agreement. 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 of the Vendor and means by which the Vendor may be contacted (i.e. website, phone number, email address, etc.), which shall be plainly visible on both sides of the vehicle.

2. The Vendor shall properly maintain all Vendor-owned collection equipment, vehicles, msw and recycling 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 Vendor will perform all maintenance and repairs at its own expense on

Vendor-provided containers and equipment in order to keep such in proper operating condition. The Vendor shall maintain, repair, or replace a container upon the reasonable request of JCPS. The Vendor 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 JCPS shall not be liable for any damages or expenses related thereto.

VIII. Billing and Customer Service

A. Invoices

The Vendor will bill JCPS on a monthly basis. JCPS shall make payment of the full amount due under the invoice within thirty (30) days of receipt of an invoice. JCPS and Vendor shall cooperate in providing the necessary information and billing on a timely basis so that payment may be made.

B. Resolution of Disputes

Any disputes that may arise will be governed by North Carolina law in the county of

Johnston.

IX. Additional Terms and Conditions

Additional terms and conditions that will become a part of the Agreement are included in Attachments A through D and terms and conditions that follow, in this RFP.

RFP No. 200-WASTE-01212025-CR Page 9 of 23

ATTACHMENT A

Fee Proposal for Solid Waste and Recycling Collection Services

FEE PROPOSAL

Proposed fees must be complete and should include collection, transportation, disposal, processing fees and new containers. Hauler must be able to provide flat style 8 cyd containers for MSW cans as directed by JCPS. Recycling containers will be 8 cyd flat Slot Style. All initial containers provided shall be NEW or Like New condition.

YEAR 1

Total Monthly Price for MSW Cans $ ________________

Total Monthly Price for Recycling Cans $ _______________

Total Annual Price for MSW and Recycling Cans $ _________________

YEAR 2

Total Monthly Price for MSW Cans $ ________________

Total Monthly Price for Recycling Cans $ _______________

Total Annual Price for MSW and Recycling Cans $ _________________

YEAR 3

Total Monthly Price for MSW Cans $ ________________

Total Monthly Price for Recycling Cans $ _______________

Total Annual Price for MSW and Recycling Cans $ _________________

YEAR 4

Total Monthly Price for MSW Cans $ ________________

Total Monthly Price for Recycling Cans $ _______________

Total Annual Price for MSW and Recycling Cans $ _________________

YEAR 5

Total Monthly Price for MSW Cans $ ________________

Total Monthly Price for Recycling Cans $ _______________

Total Annual Price for MSW and Recycling Cans $ _________________

RFP No. 200-WASTE-01212025-CR Page 10 of 23

THIS IS THE CURRENT USAGE AND FREQUENCY OF PICK UP

CURRENT Waste and Recycle Container Service Schedule

School Address # of trash container

# of days serviced

Service

Day(s)

# of recycle container

# of days serviced

Service

Day

Central Office - Simpson

Building

2320 US 70 Business HWY East

Smithfield, NC 27577 1-6yd 2 T,F

AG Glenn/West Campus 501 South Second St. Smithfield, NC 27577 1-8yd 2 T,F 1 1 W

Facility Services 601 A West Market St.

Smithfield, NC 27577 1-8yd 2 T,F 1 1 T

Transportation 159 Galilee Road Smithfield, NC

27577 2-6yd 2 M,TH 1 1 W Smithfield Aquatic

Center 1-8yd 2 T,F

Archer Lodge Middle 762 Wendell Road, Wendell, NC

27591 2-8yd 3 M,W,F 1 1 T

Benson Elementary 2040 NC Hwy 50 N, Benson, NC

27504 2-8yd 3 M,W,F 1 1 M

Benson Middle 1600 N Wall Street, Benson, NC

27504 2-8yd 2 M,TH 1 1 M

Clayton High 600 South Fayetteville Street, Clayton, NC 27520 3-8yd 3 M,W,F 1 1 Th

Clayton Middle 490 Guy Road, Clayton, NC

27520 2-8yd 2 M,F 1 1 T Clayton Middle (Bus parking lot) 1-6yd 1 TH

Cleveland Elementary 10225 Cleveland Road, Clayton, NC 27520 2-8yd 5

M,T,W, Th,F 1 1 Th

Cleveland High 1892 Polenta Road, Clayton, NC

27520 3-8yd 4

M,W,TH,

F 1 1 Th

Cleveland Middle 2323 Cornwallis Road, Garner, NC 27529 2-8yd 3 M,W,F 1 1 W

Cooper Academy 849 N Mial Street, Clayton, NC

27520 2-8yd 3 M,W,F 1 1 T Corinth-Holders

Elementary

3976 NC Hwy 231, Zebulon, NC

27597 2-8yd 3 M,W,F 1 1 Th

Corinth-Holders High 6875 Applewhite Road, Wendell, NC 27591 3-8yd 3 M,W,F 1 1 T

Dixon Road Elementary 835 Dixon Road, Willow Spring, NC 27592 2-8yd 3 M,W,F 1 1 M

East Clayton Elementary 2075 Hwy 42 E, Clayton, NC

27527 1-8yd 5

M,T,W,T h,F 1 1 T

Four Oaks Elementary 180 Hatcher Street, Four Oaks, NC 27524 2-8yd 5

M,T,W, Th,F 1 1 W

Four Oaks Middle 1475 Boyette Road, Four Oaks, NC 27524 2-8yd 3 M,W,F 1 1 W Glendale-Kenly

Elementary

2001 Bay Valley Road, Kenly, NC

27542 2-8yd 3 M,W,F 1 1 T

RFP No. 200-WASTE-01212025-CR Page 11 of 23

Innovation

Academy@South Campus

521 Martin Luther King Jr. Drive, Smithfield, NC 27577 1-8yd 2 M,TH 1 1 W McGee's Crossroads

Elementary

10330 NC Hwy 50 N, Angier, NC

27501 2-8yd 3 M,W,F 1 1 M McGee's Crossroads

Middle

13353 NC Hwy 210, Benson, NC

27504 2-8yd 3 M,W,F 1 1 M

Meadow K-8 7507 NC Hwy 50 S, Benson, NC

27504 3-8yd 3 M,W,F 1 1 Th

Micro Elementary 301 East Main Street, Micro, NC

27555 2-8yd 3 M,W,F 1 1 T

North Johnston High 5915 US 301 N, Kenly, NC 27542

2-8yd 3 M,W,F 1 1

T

North Johnston Middle 435 Oil Company Road, Micro, NC 27555 2-8yd 3 M,W.F 1 1 T

Pine Level Elementary 304 West Blanche Street, Pine

Level, NC 27568 1-8yd 5

M,T,W, Th,F 1 1 T

Polenta Elementary 105 Josephine Road, Garner, NC 27529 2-8yd 5

M,T,W, Th,F 1 1 Th

Powhatan Elementary 3145 Vinson Road, Clayton, NC

27527 2-8yd 3 M,W,F 1 1 M

Princeton Elementary 650 Holts Pond Road, Princeton, NC 27569 2-8yd 3 M,W,F 1 1 F

Princeton Middle/High 101 Dr. Donnie H. Jones Jr.

Blvd., Princeton, NC 27569 3-8yd 3 M,W,F 1 1 F

River Dell Elementary 12100 Buffalo Road, Clayton, NC

27527 2-8yd 3 M,W,Th 1 1 T

Riverwood Elementary 108 Athletic Club Blvd., Clayton, NC 27527 2-8yd 3 M,W,F 1 1 M

Riverwood Middle 204 Athletic Club Blvd., Clayton, NC 27527 2-8yd 3 M,W,F 1 1 T

Selma Elementary 311 W Richardson Street, Selma, NC 27576 3-8yd 3 M,W,F 1 1 F

Selma Middle 1533 Hwy 301 N, Selma, NC

27576 1-8yd 3 T,W,F 1 1 T

Smithfield Middle 1455 Buffalo Road, Smithfield, NC 27577 2-8yd 2 T,TH 1 1 W

Smithfield-Selma High 700 Booker Dairy Road, Smithfield, NC 27577 3-8yd 2 M,W,F 1 1 W Smithfield-S High 1-6yd 2 M,W,F

South Johnston High 10381 US 301 S, Four Oaks, NC

27524 4-8yd 2 T,F 1 1 Th South Smithfield

Elementary

201 W Sanders Street, Smithfield, NC 27577 2-8yd 3 M,W,F 1 1 M South S Elem 1-8yd 2 M,W

Swift Creek Elementary

August 2025

4188 Cleveland Road, Smithfield

NC 27577 2-8yrd 3 M,W,F 1 1 Th

Swift Creek Middle 325 Norris Road, Clayton, NC

27520 2-8yd 2 M,TH 1 1 Th

Thanksgiving Elementary 1161 Lynch Rd., Selma, NC

27576 2-8yd 4

M,W,TH,

F 1 1 M

RFP No. 200-WASTE-01212025-CR Page 12 of 23

West Clayton

Elementary

1012 S Lombard Street, Clayton, NC 27520 2-8yd 5

M,T,W ,Th,F 1 1 Th

West Johnston High 5935 Raleigh Road, Benson, NC

27504 4-8yd 3 M,W,F 1 1 W West Smithfield

Elementary

2665 Galilee Road, Smithfield, NC 27577 2-8yd 3 M,W,F 1 1 W

West View Elementary 11755 Cleveland Road, Garner, NC 27529 2-8yd 5

M,T,W, TH,F 1 1 Th

Wilson's Mills Elementary 4654 Wilson's Mills Road, Wilson's Mills, NC 27593 2-8yd 3 M,W,F 1 1 T Wilson’s Mills High

August 2026

517 Talton Farm Road, Wilson’s

Mills, NC 27593 3-8yd 3 M,W,F 1 1 W

RFP No. 200-WASTE-01212025-CR Page 13 of 23

Attachment B

EXECUTION

In compliance with this Request for Proposals and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is submitted competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.

This submission is an attestation that the entity providing this response is in compliance with state and federal conflicts of interest laws, including N.C.G.S. 14-234. Specifically, the entity attests that it is not owned by a Johnston County Board of Education member or the spouse of a JCBOE Board member with more than a 10% ownership interest or other interest in the entity such that, if selected, the entity would be a party to the contract, derive any income or commission directly from the contract, or acquire property under the contract.

Failure to execute/sign bid prior to submission shall render bid invalid. Late bids are not acceptable

Company Name: __________________________________________________________________

Address: _________________________________________________________________________

Telephone: _____________________________________Fax:______________________________

Email: ______________________________ Website: ___________________________

Has your company been debarred, suspended, or otherwise excluded or ineligible from doing business with either the State or Federal Government? Yes _____ No _____

Authorized Signature: ______________________ Print Name: ________________________

Date: ________________

RFP No. 200-WASTE-01212025-CR Page 14 of 23

Attachment C

Attach e-verify and Iran Divestiture Forms

Attachment D

Locations and Frequency of Cans Form

RFP No. 200-WASTE-01212025-CR Page 15 of 23

TERMS AND CONDITIONS

1. READ, REVIEW AND COMPLY: It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein.

663059712. NOTICE TO BIDDERS: All bids are subject to the provisions of special terms and conditions specific to this Request for Proposals, the specifications. Johnston County Public Schools (“JCPS”) objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.

By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

663059713. DEFINITIONS:

∙ BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to this Request for Proposal.

∙ TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities only.

∙ OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.

663059714. EXECUTION: Failure to sign under EXECUTION section will render bid invalid.

663059715. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, and (3) Instructions to Bidders.

663059716. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder’s offer shall be valid for 45 days from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.

663059717. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible therefore.

Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

663059718. INFORMATION AND DESCRIPTIVE LITERATURE: Bidder is to furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this bid, each bidder must submit with their bid descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection.

663059719. RECYCLING AND SOURCE REDUCTION: It is the policy of JCPS to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective.

We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use.

Companies are strongly urged to bring to the attention of JCPS which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable.

663059720. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the school or department directly. Any and all revisions to this document shall be made only by written addendum from JCPS Purchasing Department. The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

663059721. ACCEPTANCE AND REJECTION: JCPS reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

663059722. REFERENCES: JCPS reserves the right to require a list of users of the exact item offered. JCPS may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

663059723. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to JCPS as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by JCPS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by JCPS or the bidder, JCPS reserves the right to accept any item or group of

RFP No. 200-WASTE-01212025-CR Page 16 of 23 items on a multi-item bid. JCPS also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, JCPS reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by JCPS to be pertinent or peculiar to the purchase in question.

663059724. HISTORICALLY UNDERUTILIZED BUSINESSES: JCPS invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

663059725. CONFIDENTIAL INFORMATION: As provided by statute and rule, JCPS will consider keeping trade secrets which the bidder does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.

663059726. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense. Request for the return of samples must be made within 10 days following date of bid opening. Otherwise the samples will become JCPS property. Each individual sample must be labeled with the bidder’s name, bid number, and item number. A sample on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.

663059727. AWARD PROCEDURES: Contract award notice shall be posted on JCPS website. Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation.

663059728. ANTI-NEPOTISM: The Bidder warrants that, to the best of its knowledge and in the exercise of due diligence, none of its corporate officers, directors, or trustees and none of its employees who will directly provide services under this Contract are immediate family members of any member of the Johnston County Public Schools Board of Education or of any principal or central office staff administrator employed by the Owner. For purposes of this provision, “immediate family” means spouse, parent, child, brother, sister, grandparent, or grandchild, and includes step, half, and in-law relationships. Should the Bidder become aware of any family relationship covered by this provision or should such a family relationship arise at any time during the term of this Contract, the Bidder shall immediately disclose the family relationship in writing to JCPS. Unless formally waived by JCPS, the existence of a family relationship covered by this Contract is grounds for immediate termination by JCPS without further financial liability to the Bidder.

663059729. DEFAULT AND PERFORMANCE BOND: In case of default by the Bidder, JCPS may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. JCPS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to JCPS.

663059730. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the Bidder to notify in writing JCPS, indicating the specific regulation which required such alterations. JCPS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

663059731. TAXES: Any applicable taxes shall be included. G.S. 143-59.1 bars the JCPS from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates (if it has affiliates) collect(s) the appropriate taxes.

663059732. SITUS: The place of this contract, its situs and forum, shall be Johnston County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.

663059733. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.

663059734. INSPECTION AT BIDDER’S SITE: JCPS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a Bidder prior to contract award, and during the contract term as necessary for JCPS determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

663059735. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Payment may be made by procurement card and it shall be accepted by the Bidder for payment if the Bidder accepts that card (Visa, Mastercard, etc.) or check from other customers.

663059736. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.

663059737. STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be

RFP No. 200-WASTE-01212025-CR Page 17 of 23 constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

663059738. PATENT: The Bidder shall hold and save JCPS, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by JCPS or disclosure of any information pursuant to the NC Public Records Act.

663059739. ASSIGNMENT: No assignment of the Bidder’s obligations nor the Bidder’s right to receive payment hereunder shall be permitted.

However, upon written request approved by the purchasing department and solely as a convenience to the Bidder, JCPS may:

a. Forward the Bidder’s payment check directly to any person or entity designated by the Bidder, and

b. Include any person or entity designated by Bidder as a joint payee on the Bidder’s payment check.

In no event shall such approval and action obligate JCPS to anyone other than the Bidder and the Bidder shall remain responsible for fulfillment of all contract obligations.

663059740. INSURANCE:

a. Worker's Compensation including Occupational Disease and Employer's Liability Insurance. Statutory - Amount and coverage as required by State of North Carolina Workers Compensation laws. Employer's Liability - At least

Part A Bodily Injury Statutory Limits Part B By Accident $500,000 each accident

By Disease $500,000 policy limit $500,000 each employee

b. Public liability and Property Damage Insurance - The Bidder shall procure insurance coverage for direct operations, contractual liability and completed operations with limits not less than those stated below:

Occurrence:

General Aggregate $2,000,000 Premises Operations $1,000,000 Personal & Advertising Injury $1,000,000

c. Comprehensive Automobile Liability Insurance, including coverage for owned, hired and non-owned vehicles: A Combined Single Limit for bodily injury and property damage limit of not less than $1,000,000; and $2,000 medical payments.

d. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.

These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to the Owner, and that the Johnston County Public Schools Board of Education is listed as additional insured on general liability.

The successful bidder agrees to hold harmless and indemnify the JCPS Board of Education for any liability that may arise from the negligent or illegal acts of the bidder’s employees or agents.

663059741. GENERAL INDEMNITY: The Bidder shall hold and save JCPS, 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 Bidder in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the Bidder. The Bidder represents and warrants that it shall make no claim of any kind or nature against JCPS agents who are involved in the delivery or processing of Bidder goods to JCPS. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

663059742. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.

663059743. QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases there under.

RFP No. 200-WASTE-01212025-CR Page 18 of 23

663059744. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the Bidder to other customers.

a. Notification: Must be given to JCPS, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by a copy of the manufacturer's official notice or other acceptable evidence that the change is general in nature.

b. Decreases: JCPS shall receive full proportionate benefit immediately at any time during the contract period.

c. Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with JCPS reserving the right to accept or reject the increase, or cancel the contract.

Such action by JCPS shall occur not later than 15 days after the receipt by JCPS of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.

663059745. INVOICES: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item.

663059746. LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Bidder shall conduct at its own expense sexual offender registry checks on each of its employees, agents, ownership personnel, or contractors (“contractual personnel”) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For the Bidder’s convenience only, all of the required registry checks may be completed at no cost by accessing the North Carolina Sex Offender Registry website at http://sexoffender.ncdoj.gov/. The Bidder shall provide certification on Sexual Offender Registry Check Certification Form that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Contract prior to the commencement of such services or the delivery of such goods. The Bidder shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Contract shall not satisfy this contractual obligation). In addition, Bidder agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Contract. Bidder further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Contract. Bidder shall not assign any individual to deliver goods or provide services pursuant to this Contract if said individual appears on any of the listed registries. Bidder agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Bidder specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Contract. In addition, the school system may conduct additional criminal records checks at Bidder’s expense. If the school system exercises this right to conduct additional criminal records checks, Bidder agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Contract. Bidder further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Contract. JCPS reserves the right to prohibit any contractual personnel of Bidder from delivering goods or providing services under this Contract if JCPS determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others.

663059747. ACCESS TO PERSONS AND RECORDS: JCPS auditors shall have access to any records as a result of this bid or the Contract. JCPS may audit the records of the Bidder during the term of the Contract to verify accounts and data affecting fees or performance.

663059748. COMPLIANCE WITH E-VERIFY: Bidder shall comply with all applicable laws and regulations in providing services under this Contract. In particular, Bidder shall not employ any individuals to provide services to the School System who are not authorized by federal law to work in the United States. Bidder represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Contract. Bidder shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Contract.

663059749. COMPLIANCE WITH AFFORDABLE CARE ACT: Bidder is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of “affordable coverage” and “full-time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.

663059750. RESTRICTED COMPANIES LIST: Bidder certifies that as of the date of this Contract, Bidder is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.58. Bidder also represents that as of the date of this Contract, Bidder is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.81.

RFP No. 200-WASTE-01212025-CR Page 19 of 23

JCPS Purchasing Department Ethics Policy and Standards of Conduct

All purchasing department employees conducting business transactions on the behalf of the Johnston County Public Schools hold positions of public trust which dictates that their actions be governed by the highest standards of personal and business conduct. Each employee must exhibit the highest standards of honesty, integrity, and fairness when engaging in any activity concerning the school system, particularly in relationships with vendors, suppliers, the public and other employees.

Employees shall perform their jobs in a competent and ethical manner without violating the public trust or applicable law, policies, and regulations.

Conflict of Interest:

The following acts are deemed by state law and/or the Board of Education to be in conflict with the interests of the Johnston County Public Schools.

1. An employee shall not, for personal financial gain, solicit or sell or have any pecuniary (financial) interest in the supplying of any goods, wares, merchandise materials, supplies, services, or equipment to the Johnston County Public Schools System. Approved extended employment shall not be a violation of this.

2. An employee shall not, for personal financial gain, solicit or sell or have any pecuniary (financial) interest in the sale of any goods, wares, merchandise, materials, supplies, equipment, or services to students or employees of this school system at school, on school premises, or any Johnston County Public Schools facility.

3. An employee shall not act as an agent for any manufacturer, merchant, dealer, publisher, or author seeking to sell any goods, wares, merchandise, materials, supplies, services, or equipment to the Johnston County Public Schools.

4. An employee shall not receive or…