2025_RFP_SW042425 _ FINAL (002).pdf

REQUEST FOR PROPOSAL

ISSUING AGENCY RABUN CO BOARD OF COMMISSIONERS

25 COURTHOUSE SQUARE, SUITE 201

CLAYTON, GA 30525

PHONE: 706-782-5271

FAX: 706-782-7588

ISSUE DATE APRIL 24, 2025

MANDATORY PRE-PROPOSAL MEETING THURSDAY, MAY 15, 2025

TIME 2:00 PM

LOCATION 25 COURTHOUSE SQUARE, SUITE 201

CLAYTON, GA 30525

PROPOSAL CLOSING DATE THURSDAY, MAY 22, 2025

PROPOSAL CLOSING TIME 10:00 AM

COMMODITY SOLID WASTE TRANSFER STATION

OPERATION, TRANSPORTATION,

AND DISPOSAL

PROJECT NUMBER 2025-RFP-SW042425

1.0 INTRODUCTION

1.1 Purpose of Procurement

The Rabun County Board of Commissioners is requesting sealed proposals from qualified vendors for the long-term operation of the Rabun County Solid Waste Transfer Station. The operations include three separate areas:

1. Pushing and Loading Solid Waste, Recyclables, or other forms of accepted materials

2. Solid Waste Transportation, (Tractor Trailer Services)

3. Landfill Disposal Fee to an EPD Approved Landfill

Bidders may submit proposals on one or more of the three items. Bidders are not required to submit proposals for all three areas of work. Rabun County may choose to select individual firms to provide separate services, or award to a single firm, depending on the best interest of the county.

1.2 Proposal Certification

Pursuant to the provisions of the Official Code of Georgia Annotated § 50-5- 67(a), Rabun County certifies that the use of competitive sealed proposals will be practical or advantageous to the County in completing the acquisition described in this document.

The owner shall have the right to waive any informality, irregularity, or insufficiency in the proposal procedure and in any proposal or proposals received, and to accept the proposal which, in the Owner’s sole judgment, is in the Owner’s own best interest. The Owner shall have the right to accept any proposal.

1.3 Schedule of Events

The Request for Proposals shall be governed by the following schedule:

DATE ACTIVITY

April 24, 2025 Release of RFP

May 15, 2025 @ 2:00 PM EST Mandatory Pre-Proposal meeting

May 16, 2025, 12:00 PM EST Deadline for written questions

May 19, 2025, 5:00 PM EST Answers to written questions and addenda posted to website

May 22, 2025, 10:00 AM EST Proposals Due

June 6, 2025, 4:30pm EST Tentative Award Date

1.4 Restrictions on Communications

From the issue date of this RFP until a vendor is selected and the award is announced, contractors are not allowed to communicate about this project with any County staff or elected officials except: 1) through the Solid Waste Director, 2) at the Pre-Proposal Meeting (if applicable to project), or 3) as provided by existing work agreement(s). The County reserves the right to reject the submittal of any vendor violating this provision.

1.5 Mandatory Pre-Proposal Meeting

A mandatory pre-proposal meeting will be held on May 15, 2025 at 2:00 PM at the Rabun County Courthouse, 25 Courthouse Square, Suite 201, Clayton, GA 30525.

1.6 Questions & Addenda

All questions concerning this RFP MUST BE SUBMITTED IN WRITING, via email to the Solid Waste Director no later than 12:00 PM, May 16, 2025.

Daniel Watts, Solid Waste Director Rabun County Board of Commissioners 718 Longview Road Tiger, GA 30576 Daniel.watts@rabuncounty.ga.gov

No response to inquiries, other than emails, will be binding upon the County. Rabun County reserves the right to issue written addenda to any inquiries that alter the scope of the RFP. Addenda shall be posted to the county website, www.rabuncounty.ga.gov under the Bids/RPFs page no later than 5:00 PM, May 19, 2025. A signed copy of any addenda shall accompany submitted proposals. Contractors are advised to check the website for addenda before submitting their proposals.

1.7 Contract Term

The initial contract term between the County and the Contractor shall be from July 01, 2025 to June 30, 2026 and will be eligible for up to two (2) annual renewals. Contractor may include a Not to Exceed limit on rate increases per year during the first three years.

The County and the Contractor shall negotiate potential renewals for the fourth through the sixth years’ contract beginning with the submission in writing by the Contractor of its proposed cost for the next year by April 01, 2028. If the County and the Contractor cannot agree on an amount by May 31, 2028, this Agreement shall be cancelled.

Rabun County reserves the right to terminate contract, with 30 days written notice, for any violations in the terms of this agreement, rules, laws or unreconciled issues arising as a result of this agreement. Vendor agrees to provide 30 days written notice and complete any ongoing activity period if Vendor chooses to opt out of an agreement with the County.

mailto:Daniel.watts@rabuncounty.ga.gov http://www.rabuncounty.ga.gov/

1.8 Bonds

Proposal Bonds Not Required Payment Bonds Not Required Performance Bonds $100,000 per Scope

Information regarding bonds to be furnished (if required) is stated in the 6.0 Terms and Conditions section of this proposal document, 6.28 “Proposal Bonds, Performance and payment Bonds.”

1.9 Exception to RFP

Each contractor shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFP. An “exception” is defined as the Proposer’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the proposal. All exceptions taken must be identified and explained in writing in your RFP and must specifically reference the relevant section(s) of this RFP. If the Proposer provides an alternate solution when taking an exception to the requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Proposer’s solution must be explained in detail.

The County welcomes innovative suggestions and recommendations from Proposers that will ensure a 100% successful service approach.

2.0 SCOPE OF WORK

The Rabun County Board of Commissioners is requesting sealed proposals from qualified vendors for the long-term operation of the Rabun County Solid Waste Transfer Station. The operations include three separate scopes of work.

1. Pushing and Loading Solid Waste, Recyclables, or other forms of accepted materials

2. Solid Waste Transportation, (Tractor Trailer)

3. Landfill Disposal at an EPD Approved Receiving Facility

2.1 Definitions

Solid Waste means all material defined as Municipal Solid Waste in O.C.G.A.

S 12-8-22 and includes other discarded material, including solid and semi-solid material but not including:

a. Hazardous Waste Materials,

b. Solid or dissolved materials in domestic sewage,

c. Solid or dissolved materials in irrigation return flows,

d. Industrial discharges which are point sources subject to permits under S402 of the Federal Water Pollution Control Act as amended (86 STAT. 880), or

e. Source, special nuclear, or by-products materials as defined by the Atomic Energy Act of 1954, as amended (68 STAT. 923).

It excludes Yard Waste that cannot be disposed of in municipal solid waste disposal facilities having liners and leachate collection systems or requiring vertical expansions.

Excluded Waste means Biomedical Waste, Tires and Yard Waste, all as defined in 0.C.G.A. S 12-8-22. It also means batteries, white goods, automobiles, boats, liquid waste, Hazardous Waste (as defined herein) and all other items not meeting the definition of Solid Waste as defined herein.

Change in Law means any amendment to, or promulgation of, or change in the interpretation or enforcement of any federal, state or local statute, regulation, ordinance, levy, tax or surcharge after the date of this Agreement which affects: (1) the construction or operation of the Transfer Station; (2) the transportation of Solid Waste to a sanitary landfill ("Landfill"); or (3) the disposal of Solid Waste by the Landfill.

Landfill is that landfill at which Solid Waste from the Rabun County Transfer Station will be disposed. Over the period of the Agreement, other landfills may be used to minimize disposal costs, respond to Change in Laws affecting solid waste management, or other pertinent reasons deemed appropriate by Rabun County and without affecting the agreed to price as stated on Appendix C, unless stated otherwise.

Transfer Station means a facility engineered, designed, constructed, and owned by the County.

Out of County Waste means waste not generated in Rabun County, Georgia.

White Goods means any and all household or commercial machines or appliances.

Ton means 2,000 pounds

2.2 County Responsibilities

The County owns the Transfer Station including 2.5 acres, more or less, including the tipping floor and station building, weigh station, and scales. The county will provide employees to operate the scale house, as well as supervise the overall operation of the facility, operations, and contractors. The county will also provide general maintenance to the site and improvements as needed, unless stated or negotiated otherwise.

The County will allow Solid Waste to be delivered on a daily (Monday to Saturday) basis to the Transfer Station for handling, transport, and disposal by the Contractor.

2.3 Contractor Responsibilities

2.3.1 Pushing and Loading Solid Waste, Recyclables, or other forms of accepted materials:

This work will require a contractor to provide three people onsite to operate the tipping floor, as well as provide three machines (Backhoes or other county approved equipment) to push solid waste into trucks. All three machines shall be operational at all times. Contractor’s employees shall be competent and knowledgeable of safe machine operations and solid waste handling. Two of the employees will be responsible for operating equipment and moving trailers as needed. One of the three employees shall serve as a safety spotter for vehicles backing up to the tipping floor, control traffic as needed, provide reasonable assistance to citizens, and keep the tipping floor clean and safe. The tipping floor, the pit and grounds behind transfer station, and the trailer staging area will be cleaned as needed, but no less than twice per day. At the end of each day, the tipping floor shall be clean. No trash or junk of any kind shall be left on the floor or ground overnight. The Contractor shall also be responsible to keep the truck loading area clean of debris and trash. The trash shall be picked up as needed, but in no case less than once per day from the trailer loading location and surrounding area around the concrete pad. All waste and recyclables must be loaded in appropriate containers and not allowed to accumulate. This work will also include loading 40 cubic yard containers for recycling. The Contractor shall appoint a responsive agent as a primary point of contact and provide customer service to Rabun County.

The Contractor shall operate the Transfer Station in accordance with applicable permits, laws, rules, regulations and ordinances of state, federal, and local regulatory agencies.

The Contractor shall establish programs to sample incoming waste and shall be responsible for assisting in identifying violations of waste acceptance as established by the County. Any and all permits and licenses appropriate to an awarded contract shall be secured by the contractor and operating requirements shall meet or exceed all existing or future solid waste environmental standards imposed by the United States of America, the State of Georgia, and/or Rabun County. The Contractor will ensure that Hazardous Waste and other excluded materials are not accepted.

Penalties for nonconformance, noncompliance, and/or failures to meet the requirements of the RFP will be as follows:

• 1st Occurrence: The County shall issue a written warning of the violation or failure to comply with the requirements of the

RFP.

• 2nd Occurrence: If within one month (30 days) of the first occurrence, there is a second occurrence, the County may issue a $500 penalty to be withheld from the Contractor’s payment

• 3rd Occurrence: If within one month (30 days) of the first occurrence, there is a third occurrence, the County may issue a $1,000 penalty to be withheld from the Contractor’s payment

Should the Contractor wish to appeal any penalties, the County Administrator will hear such appeal, and have final authority to exercise judgement.

2.3.2 Solid Waste Transportation, (Tractor Trailer)

This work will require a contractor to provide sufficient, safe, and reliable equipment, materials, and labor necessary for efficient and safe solid waste transportation. Contractor shall provide sufficient resources (trucks, trailers, equipment, employees) so that tipping floor operations shall not be interrupted at any time. The Contractor shall provide enough trucks and trailers to transport approximately 110 Tons per day of solid waste with no interruptions to other transfer station operations. Hauling shall be conducted in daylight hours unless approved by Rabun County. The Contractor shall appoint a responsive agent as a primary point of contact and provide customer service to Rabun County. Solid Waste will be hauled from the Transfer Station located at 718 Longview Rd. Clayton, GA to the current disposal landfill; Waste Management R&B at 610 Bennett Rd. Homer, GA. Should the county contract with an alternate landfill site, the hauling rate will be renegotiated between the county and the contractor.

All solid waste disposal shall be at a Georgia EPD permitted Landfill approved by Rabun County. All Solid Waste transported by the Contractor or its subcontractors shall be so contained, tied, or enclosed including use of tarps so that spilling or blowing is prevented.

The Contractor shall also be responsible for cleaning up any spills to the extent caused by the Contractor or subcontractors in the course of performing these services. The Contactor and its subcontractors shall comply with all regulations regarding the Transfer Station, as established by the County in effect as of the date hereon and as may be amended from time to time. The Contractor shall accept title to Solid Waste accepted in the Transfer Station.

Also, the Contractor shall be deemed to accept title to any waste collected by the Contractor outside the County that is processed through the Transfer Station. The Contractor will be responsible for submitting reports, monthly and annually to the County detailing total tons delivered at an approved Landfill approved by Rabun County.

In the event the Landfill rejects a load of Solid Waste transported from the Transfer Station, any and all costs associated with the initial transport to and attempted disposal at the Landfill as well as all costs associated with removing the said wastes from the Landfill, and disposing of it at an appropriate facility will be borne by the Contractor, subject to the provisions of the Indemnification Clause described in 6.23. This requirement applies for both County Solid Waste as well as Out of County Waste. The transporter of all solid waste or recycling material agrees to indemnify and hold the County harmless from and against all damages, claims or demands (including reasonable attorneys' fees and court costs of the County) that arise from or may be occasioned by the transport of Solid Waste or recycling materials.

Penalties for nonconformance, noncompliance, and/or failures to meet the requirements of the RFP will be as follows:

RFP.

• 2nd Occurrence: If within one month (30 days) of the first occurrence, there is a second occurrence, the County may issue a $500 penalty to be withheld from the Contractor’s payment

• 3rd Occurrence: If within one month (30 days) of the first

2.3.3 Landfill Disposal Tipping Fee at an EPD Approved Facility

This work is for a Georgia EPD permitted MSW landfill. The receiving landfill will be responsible for properly disposing of solid waste received from the Rabun County Transfer Station and/or Convenience Center. The MSW Landfill shall have the resources available to efficiently unload solid waste trailers and/or containers. The Contractor will be responsible for submitting reports, monthly and annually to the County detailing total tons received at the approved Landfill. The Landfill shall appoint a responsive agent as a primary point of contact and provide customer service to Rabun County. The awarded vendor for this particular scope shall provide for the acceptance of material from Rabun County for a minimum of ten (10) years, and shall include a binding agreement, in a form satisfactory to the County, that in the event of default by the contract, Rabun County or its designee shall have the assigned right to deliver its waste to said landfill. Prior to the execution of a contract, the Contractor must furnish documentation that the Contractor is in possession of a contract with a properly permitted landfill for acceptance of all non-hazardous waste. The contractor shall furnish documents and reports relative to the permitted area and total volume including the planned life of the landfill area. Further, the contractor shall advise the County at least on an annual basis of any changes, factual and/or anticipated, that would materially affect the planned life of the landfill site, especially that space committed under contract with Rabun County.

Penalties for nonconformance, noncompliance, and/or failures to meet the requirements of the RFP will be as follows:

RFP.

• 2nd Occurrence: If within one month (30 days) of the first occurrence, there is a second occurrence, the County may issue a $500 penalty to be withheld from the Contractor’s payment

• 3rd Occurrence: If within one month (30 days) of the first

Transfer Station hours of operation are as follows:

Monday - Friday 7:00 AM to 5:00 PM Saturday 7:00 AM to 12:00 PM (Summer; Closed During Winter) Sunday Closed

The Contractors shall define its holiday schedule and be approved by the County

2.4 Compliance With Laws

The Contractor(s) shall assume responsibility for obtaining all permits, licenses, and approvals required by any federal, state, or local authority as a contractor in order to perform the services, and that it shall maintain material compliance at all times during the term with any such permits, licenses, or approvals.

Additionally, the Contractor(s) will comply with all laws, rules or regulations applicable to the performance of the services, including environmental laws, and shall observe all regulations established at the Transfer Station and at the Landfill, and all applicable maximum weight requirements. The Contractor further agrees that it will not dispose of any of the County's Acceptable Waste except in an approved Landfill.

3.0 MANDATORY REQUIREMENTS

This section identifies all mandatory requirements which must be present in the proposal before further consideration will be given.

3.1 Proposal Requirements

a. A transmittal letter that states the Proposal is submitted in response to “Solid Waste

Transfer Station Operations RFP Project# 2025-RFP-SW042425. Letter must be signed by a person authorized to enter into a contractual agreement on behalf of the submitting firm. Name, title, email address and phone number shall be included for a contact person.

b. Completed Pricing Proposal, Appendix C, that addresses all elements of the Scope of Work referenced in Section 2 of this RFP, sealed in a separate envelope/package.

c. Qualifications Information requested in Section 4 of this RFP.

d. Evidence of Insurance.

e. Bidder’s Certification (Appendix A)

f. E-Verify Affidavit (Appendix B)

g. Signed Addendum (if any)

3.2 Pricing Proposal

The pricing proposal, Appendix C, is to provide Rabun County on how your company charges for the materials and services needed. Pricing should include normal fees associated with the performance of the service specified, including materials, supervision, labor, transportation, delivery, and related costs. The pricing should outline how fees are charged yearly or per usage, what fees are for upgrades or expansion, set-up cost, and recurring cost. The proposal pricing should clearly set forth the basis for fees to be charged.

The Pricing Proposal must be signed by an authorized individual/officer of the firm along with company name and address and printed name of authorized individual/officer.

The Pricing Proposal must be submitted as a separate, sealed envelope/package.

4.0 QUALIFICATIONS INFORMATION

Qualifications information together shall not exceed 20 pages. Provide the following qualifications information:

a. Business location and officers of the firm (company background)

b. Provide financial information that would allow proposal evaluators to ascertain the financial stability of the Proposer.

i. If a public company, include a recap of the most recent audited financial report.

ii. If a private company, provide a recap of the most recent internal financial statement; and a letter, on the financial institution’s letterhead, stating financial stability.

c. Business Litigation

i. Disclose any involvement by the organization or any officer or principal in any material business litigation within the last five (5) years. The disclosure will include an explanation, as well as the current status and/or disposition.

d. Resumes of key personnel proposed to participate in the project including education background, experience, and employment history.

e. A complete list of all relevant work performed for public entities within the last five (5) years, including contact names and telephone numbers.

f. Copies of manufacturer installer certificates (if applicable to RFP). Contractors must be certified resellers of the products they provide and install.

g. Logistics Plan. Proposers shall submit a brief description of proposed site management logistics including the following items:

i. Approach, planning and implementation of project, operation, or services provided

ii. Contractor's on site staffing, number of personnel and their primary duties.

iii. Space requirements for on-site materials storage.

iv. List of proposed subcontractors.

h. As the above items are to be considered in selection of the Contractor, submission of this information shall be binding on the Contractor and shall not be changed without agreement in writing from the Owner.

5.0 PROPOSAL SUBMISSION AND EVALUATION

5.1 Process for Submitting Proposals

5.1.1 Preparation of Proposal

Each proposal should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. If supplemental materials are a necessary part of the technical proposal, the Contractor should reference these materials in the technical proposal, identifying the document(s) and citing the appropriate section and page(s) to be reviewed.

5.1.2 Packaging of Proposal

Mark the outside of the shipping package as follows:

Solid Waste Transfer Station Operations RFP

FAILURE TO PROPERLY LABEL THE OUTSIDE OF THE SHIPPING

CONTAINER MAY RESULT IN DISQUALIFICATION.

Inside the shipping container, the proposal in response to this RFP must be divided into two separate and appropriately labeled and sealed packages - a Qualifications Proposal and a Pricing Proposal. The inner packages shall be labeled with the submitting firm’s name.

1. The contents of the sealed, inner package labeled “Qualifications Proposal” will include an original and five (5) copies of each of the following:

• Transmittal letter referenced under Section 3.1 of this RFP

• Bidder’s Certification (Appendix A)

• E-Verity Affidavit (Appendix B)

• All qualifications information referenced under Section 4 of this RFP

• Proof of Insurance

• Signed Addendum (if any)

2. The contents of the sealed, inner package labeled “Pricing Proposal” will Include an original and five (5) copies of each of the following:

• Completed Pricing Proposal – Appendix C

Do not include price information of any kind in the Qualifications Proposal

5.1.3 Submission of Proposals

Proposals will be received by the Rabun County Board of Commissioners until 10:00 AM on May 22, 2025. The original and five (5) copies must be mailed, hand-delivered, or express mailed to:

Candace Talley, AP Clerk/Administrative Assistant

Rabun County Board of Commissioners 25 Courthouse Square, Suite 201 Clayton, GA 30525

Any submission received after the due date and time will not be evaluated.

NOTE: Many express mail services do not guarantee overnight delivery times to Rabun County. Any proposal received after 10:00 AM on May 22, 2025, will not be opened.

5.2 Evaluation Process

The evaluation of proposals received on or before the due date and time will be conducted as follows:

5.2.1 Administrative Review

The proposals will be reviewed by the County Administrator for the following administrative requirements:

1. Submitted by deadline

2. Separately sealed Qualifications Proposal and Pricing Proposal

3. All required documents have been submitted

4. Qualifications Proposal does not include any pricing information

5. All documents requiring an original signature have been signed and are included

5.2.2 Mandatory Requirements Review

Proposals which pass the administrative review will be reviewed to ensure all Mandatory Requirements identified in Section 3.0 are addressed satisfactorily.

5.2.3 Qualifications Proposal Evaluation

Proposals which pass the Mandatory Requirements Review will then be evaluated based on the qualification factors. Qualifications information will be scored as follows and may receive a maximum of one hundred (100) points.

Company Background 10 Financials 5 Litigation 5 Personnel Qualifications 20 Relevant Work 30 Project Approach / Understanding __30 Total Points 100

5.2.4 Pricing Proposal Evaluation

The Pricing Proposals from bidders not eliminated during the qualification proposal evaluation will then be reviewed to determine which proposal results are most beneficial to the County.

5.2.5 Oral Presentations

The County reserves the right to invite Proposers to present their qualifications.

5.2.6 Selection of Proposal

Upon completion of the evaluation process, Rabun County will select the proposal that is in the best interest of Rabun County.

5.3 Rejection of Proposals/Cancellation of RFP

Rabun County reserves the right to reject any or all submissions, to waive any irregularity or informality in a submission, and to accept or reject any item or combination of items, when to do so would be to the advantage of the County. It is also within the right of the County to reject submissions that do not contain all elements and information requested in this document. The County reserves the right to cancel this RFP at any time. The County will not be liable for any cost/losses incurred by the Contractors throughout this process.

6.0 TERMS AND CONDITIONS

6.1 RFP Amendments

The County reserves the right to amend the RFP prior to the proposal due date. All addenda and additional information will be posted to the County’s website, www.rabuncounty.ga.gov, under the Bids/RFPs page no later than 5:00 pm, EST on May 19, 2025. It is the Proposer’s responsibility to check the website for addenda before submitting a proposal. All signed addenda shall be included with the proposal.

6.2 Agreement and Project Forms

The agreement form shall be the Owner’s agreement form. The Owner’s payment, waiver of lien, and change order form(s) shall be used.

6.3 RFP Withdrawal

A submitted RFP may be withdrawn prior to the due date by a signed written request to the Finance Director

6.4 Costs for Preparing RFP

The cost for developing the RFP is the sole responsibility of the contractor. The County will not provide reimbursement for such cost.

http://www.rabuncounty.ga.gov/

6.5 Conflict of Interest

If a Proposer has any existing client relationship that involves Rabun County, the Proposer must disclose each relationship.

6.6 Contractor Selection

Rabun County reserves the exclusive right to determine which Proposer should be awarded the contract. The County also reserves the right to reject any and all RFPs at its discretion, with or without cause.

6.7 Negotiations and Apparent Winner

Prior to award, the apparent winning proposer will be required to enter into discussions with the County to resolve any contractual differences. These discussions are to be finalized within two (2) weeks of notification unless extending the time period is advantageous to the County. Failure to resolve differences will lead to rejection of the contractor’s RFP.

The County reserves the right to negotiate modifications and costs with the successful Proposer, provided that no such modifications affect the specifications set forth herein. The contractor shall commence work only after the transmittal of a fully executed contract and a Notice to Proceed document is received from the County.

6.8 Taxes

Rabun County is exempt from sales taxes; however, the contractor shall pay all taxes required as stated by law. Rabun County cannot exempt others from tax.

6.9 Compliance with Laws

The contractor will comply with all State and Federal laws, rules, and regulations.

6.10 Non-Collusive Bidding

Contractor shall not prevent or attempt to prevent competition in bidding or proposals by any means whatsoever. Contractor shall not prevent or endeavor to prevent anyone from making a bid or proposal by any means whatsoever, nor shall Contractor cause or induce another to withdraw a bid or proposal for the work. § 36-91-21.

If the contractor is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall also make the oath. If the contractor is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath. If such oath is false, the contract shall be void, and all sums paid by the governmental entity on the contract may be recovered by appropriate action.

6.11 Cancellation

If either party shall refuse, fail, or be unable to perform or observe any of the terms or conditions of the contract for any reason, then the party claiming such failure shall give the other party a written notice of such breach. If within thirty (30) days from such notice, the failure has not been corrected, the injured party may cancel the contract effective thirty (30) days after notice of cancellation.

Rabun County reserves the right to terminate the contract immediately in the event that the contractor discontinues or abandons operations, is adjudged bankrupt or is reorganized under any bankruptcy law or fails to keep in force any required insurance policies or bonds.

Failure of the successful Proposer to comply with any section or part of the contract will be considered grounds for immediate termination of the contract by the County without penalty to Rabun County. Rabun County shall pay for services rendered up to the point of termination.

Notwithstanding anything to the contrary contained in the contract between the County and the successful contractor, the County may, without prejudice to any other rights it may have, terminate the contract for convenience and without cause, by giving thirty

(30) days written notice to the successful Proposer.

If the termination clause is used by the County, the successful contractor will be paid by the County for all scheduled work completed satisfactorily by the successful contractor up to the termination date set forth in the written termination notice.

6.12 Conditions of Materials

It is understood and agreed that materials delivered shall be new, of latest design, and in first quality condition.

6.13 Rejection of Submissions/Cancellation of Request for Proposal

Rabun County reserves the right to reject any or all RFPs, to waive any irregularity or informality in an RFP, and to accept or reject any item or combination of items, when to do so would be to the advantage of Rabun County. It is also within the rights of Rabun County to reject RFPs that do not contain all elements and information requested in this document. Rabun County reserves the right to cancel this Request for Proposal at any time. Rabun County will not be liable for any cost/losses incurred by the contractors throughout this process.

6.14 Non-discrimination

Rabun County does not discriminate on the basis of race, religion, color, sex, national origin, age, or disability.

6.15 Payment

Payment terms and invoicing requirements shall be negotiated and defined by the final contract. Rabun County typically pays invoices on a net 30 basis. Invoices for construction related projects are paid on a draw method as negotiated and with a retainage of 5-10% held until all punch list items are completed.

6.16 Insurance

The contractor shall be responsible for his/her work and every part thereof and for all materials, tools, equipment, appliances, and properties of any and all description used in connection with this project. The contractor assumes all risks of direct and indirect damage or injury to the property of persons used or employed on or in connection with the work contracted for and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission, or operation under the contract, or in connection in any way whatsoever with the contracted work. The contractor shall, during the continuance of all work under the contract, provide the following:

1. Maintain statutory Worker’s Compensation and Employer’s Liability insurance in an amount not less than $1,000,000.00 to protect the contractor from any liability or damages for any injuries (including death and disability) to any of its employees, volunteers, or sub-contractors, including any and all liability or damage which may arise by virtue or any statute or law in force within the State of Georgia, or which may be herein after enacted.

2. The Proposer agrees to maintain Comprehensive General Liability Insurance in an amount of not less than $1,000,000.00 per occurrence to protect the contractor, it’s subcontractors, and the interest of the County against any and all injuries to third parties, including bodily injury and personal injury, wherever located, resulting from any action or operation under the contract or in connection with the contracted work.

The General Liability Insurance shall also include the Broad Form Property Damage Liability endorsement, in addition to coverage for explosion, collapse, and underground hazards where required.

3. The contractor agrees to maintain Automobile Liability Insurance in an amount of not less than $500,000 per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

4. The contractor further agrees to protect, defend, indemnify, and hold harmless Rabun County, its commissioners, officers, agents, and employees from and against any and all liability incurred whatsoever as a result of the work performed pursuant to the terms of this proposal.

5. The contractor shall notify the County in writing sixty (60) days prior to change in insurance or cancellation date. The failure of the contractor to deliver a new certificate shall result in suspension of all payments until the new certificate is furnished. Additionally, contract work may be suspended until the new certificate is furnished to the County.

6. Insurance coverage required in these specifications shall be in force throughout the contract term. Should the contractor fail to provide acceptable evidence of current insurance within five (5) days of written notice at any time during the contract term, the owner shall have the absolute right to terminate the contract without any further obligation to the contractor. Furthermore, the contractor shall be responsible for the cost of procuring the uncompleted portion of the contract at the time of termination.

7. Contractual and other liability insurance provided under the contract shall not contain a supervision, inspection, or engineering services exclusion that would preclude the County from supervising and/or inspecting the project as to the end result. The contractor shall assume all on the job responsibilities as to the control of persons under its direct employment and of the sub-contractors and any persons employed by the sub-contractors.

8. The contractor and all sub-contractors shall comply with the Occupational Safety and Health Act of 1970 and amendments as it may apply to this contract.

9. If the contractor does not meet the insurance requirements of the specifications, alternate insurance coverage satisfactory to the County may be considered. The contractor shall be responsible for the costs of any and all alternate insurance coverage so obtained.

6.17 Project Coordination

The contractor shall employ and assign only qualified and competent personnel to perform any service or task involved in this project or service. The contractor shall designate one such person as an Operations Manager. The Operations Manager shall be deemed to be the contractor’s authorized representative, who shall be authorized to receive and accept any and all communication from the County.

The contractor hereby agrees to replace any personnel of sub-contractor, at no cost or penalty to the County, if the County reasonably determines that the performance or any sub-contractor or personnel is unsatisfactory.

6.18 Accuracy of Work

The contractor shall be responsible for the accuracy of work performed and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the County will not relieve the contractor of the responsibility for subsequent correction of errors, the clarification of any ambiguities, or the costs associated with any additional work caused by negligent acts, errors, or omissions by the contractor or latent defects in the products sold by the contractor.

At any time during the execution of this project or during any phase of work performed by others based on data secured by the contractor under this agreement, the contractor shall confer with the County for the purpose of interpreting the information supplied by the contractor and to correct any errors or omissions. The above consultations, clarifications, and/or corrections shall be made without added compensation to the contractor.

The contractor shall give immediate attention to these changes so there will be minimum delay to others, the contractor shall be responsible for errors and omissions and hold harmless the County and its agents as provided in the agreement.

6.19 Ownership

Reports, plans, data, statistics, specifications, and other supporting records compiled or prepared in the performance of the services required by this proposal, shall be the absolute property of the County and shall not be used by the contractor for purposes unrelated to this proposal without the prior written approval of the County. Such original documents shall be turned over to the County upon completion of the proposal/contract term except that contractor shall have the right to retain copies of the same.

6.20 News Release by Contractor

As a matter of policy, the County does not endorse the products or services of a contractor.

News releases concerning any resultant contract from this solicitation shall not be made by a contractor without the proper written approval of the County. All proposed news releases shall be routed to the Rabun County Clerk for review and approval.

6.21 Severability

It is understood and agreed by the parties hereto that if any part, term, or provision of this contract is held illegal or in conflict with any law of the State where made or having jurisdiction over any of the parties hereto, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part term or provisions held to be invalid.

The County and the contractor agree to resolve through negotiation or mediation prior to filing any cause of action. The venue for any litigation arising from this contract shall be Rabun County, Georgia.

The County reserves the right to cancel the contract and discontinue the services with a thirty (30) day written notice as a result of the failure of the contractor to provide acceptable work and services as delineated in the response to this document or if determined that services can be better provided by in-house or other sources.

6.22 Drug Free Workplace

By submission of a proposal, the contractor certifies that the provisions of Code Sections 50-24- 1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug Free Workplace Act,” have been complied with in full. The Proposer further certifies that:

1. A drug free workplace will be provided for the contractor’s employees during performance of the contract; and

2. Each contractor who hires a sub-contractor to work in a drug free work place shall secure from that sub-contractor the following written certification: as part of the sub-contracting agreement, Sub-Contractor certifies to the contractor that a drug free workplace will be provided for the sub0contractor’s employees during the performance of this contract pursuant to paragraph (7) of sub-section (b) of Code Section 50-24-3.

3. The contractor further certifies that he will not engage in the unlawful manufacture, sale distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract.

6.23 Assignment of Contractual Rights

It is agreed that the contractor will not assign, transfer, convey, or otherwise dispose of a contract that may result from this proposal or his right, title, or interest in or to the same, or any part thereof without written consent of the County.

6.24 Indemnity

To the fullest extent permitted by law, the contractor will indemnify, defend, and hold Rabun County harmless from and against any and all claims, damages, losses, and expenses, including but not limited to, fees and charges of attorneys and court and arbitration costs, arising out of or resulting from negligent acts, negligent omissions, willful misconduct, or reckless misconduct of the Proposer or anyone for whom the contractor is responsible.

6.25 Appropriation of Funds

The initial contract and any continuation contract(s) shall terminate immediately and absolutely at any such time as there are no appropriated and otherwise unencumbered funds available to satisfy the County’s obligation under said contract(s).

6.26 Documents Deemed Part of Contract

All contract documents issued by the owner and executed by both parties through the completion of the project shall be deemed part of the contract. No documentation or information provided by the contractor, as part of this proposal or otherwise, shall be deemed part of the contract unless and until incorporated into the contract documents issued by the owner.

6.27 Open Records

All materials submitted in connection with this Request for Proposal will be public documents and subject to the Open Records Act and all other laws of the State of Georgia, the United States of America, and the open records policies of the Rabun County Board of Commissioners. All such materials shall remain the property of Rabun County and will not be returned to the respondent.

6.28 Proposal Bonds, Performance Bonds, and Payment Bonds (if required)

A five percent (5%) proposal bond, a one hundred percent (100%) performance bond and/or a one hundred percent (100%) payment bond shall be furnished to Rabun County if stated as a requirement in paragraph 1.8 in the “Introduction” section of this proposal.

Bonding company must be authorized to do business in Georgia by the Georgia Insurance Commission, listed in the Department of Treasury’s publication companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring companies and have an A.M. Best rating.

6.29 Georgia Security and Immigration Compliance Act

Proposers submitting a response to this Request for Proposal must provide the following information in the package to indicate compliance with the Georgia Security and Immigration Compliance Act. The form is provided for completion, Appendix B.

Appendix A

BIDDER’S CERTIFICATION

Solid Waste Transfer Station Operation RFP

Project# 2025-RFP-SW042425

Date of Proposal___________________

I certify that this Proposal is submitted without prior understanding, agreement or connection with any corporation, firm or person submitting a Proposal for the same goods/services and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and Federal law and can result in fines, prison sentences and civil damages awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder.

Bidder Information Name and Mailing Address (Type or Print) (Where to Send Payment)

Name of Company Name of Company

Address Address

City, State, & Zip Code City, State, & Zip Code

Phone Number Phone Number

Fax # Email Address

__________________________ OR __________________________

Tax ID Number Social Security Number

Name & Title of Person Authorized to Sign

Name SIGNATURE

Title

Proposals or Bids not signed shall be declared as “Non-Responsive” and may not be considered for award

Appendix B

E-Verify Affidavit

Georgia Security & Immigration Compliance (GSIC) Act

(CONTRACTOR) E-VERIFY AFFIDAVIT AND AGREEMENT

Rabun County Commissioner and Contractor agree that compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300- 10-1-.02 of the Rules of the Georgia Department of Labor are conditions of this Agreement for the physical performance of services.

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the Rabun County Commissioner has registered with and is participating in the federal work authorization program known as “E-Verify”, web address https://e-verify.uscis.gov/enroll/ operated by the United States Citizenship and Immigration Services Bureau of the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 [(IRCA), P.L. 99- 603], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned Contractor also verifies that he/she/it is using and will continue to use the federal work authorization program throughout the contract period.

The undersigned Contractor agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to the contract with the Rabun County Commissioner, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300- 10-01-.08 or a substantially similar form. Contractor further agrees the Contractor will advise the Rabun County Commissioner of the hiring of a new subcontractor and will provide Rabun County Commissioner with a Subcontractor Affidavit attesting to the Subcontractor’s name, address, user identification number, and date of authorization to use the Federal Work Authorization Program within five (5) days of the hiring before the Subcontractor begins working on the Project. Contractor also agrees to maintain all records of such compliance for inspection by Rabun County Commissioner at any time and to provide a copy of each such verification to the Rabun County Commissioner at the time the subcontractor(s) is retained to perform such services.

E-Verify Employment Eligibility Verification User identification Number

Date of Authorization to Use Federal Work Authorization Program

NAME OF CONTRACTOR

Title of Authorized Officer or Agent of Contractor

Signature and Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF __________________, 20______.

Notary Public

My Commission Expires:__________________________________

* As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the “EEV / Basic Pilot Program” operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA). Authority O.C.G.A. § 13-10-91. History: Original Rule entitled “Contractor Affidavit and Agreement” adopted F. May 25, 2007; eff. June https://e-verify.uscis.gov/enroll/

Appendix C

Pricing Proposal –

Pushing and Loading Solid Waste, Recyclables, or other forms of accepted materials at the Transfer Station

(See 2.3.1)

Per Ton Pricing – $__________________________

*Note: Average Daily Tonnage is approximately 73 tons per day

OR

Per Week Pricing - $_________________________

Name of Company:_____________________________________________________________

Address of Company:___________________________________________________________

Printed Name and Title of Person Authorized to Sign Pricing Proposal:

Signature:__________________________________________ Date: _____________________

Solid Waste Transportation, (Tractor Trailer)

Description per attached specifications (See 2.3.2) Price

Price per Ton for hauling solid waste received at transfer station to Waste Management R&B located at 610 Bennett Rd. Homer, GA (Estimated 101 Tons per Day) Should receiving solid waste facility change, Rabun County will renegotiate with the selected proposer

Total:

Please list any time constraints or exceptions your company would have in beginning work on this project:

Landfill Disposal / Tipping Fee at an EPD Approved Facility

(See 2.3.4)

Per Ton Pricing – $__________________________

*Note: Average Daily Tonnage is approximately 73 tons per day

Name of Company:_____________________________________________________________

Address of Company:___________________________________________________________

Printed Name and Title of Person Authorized to Sign Pricing Proposal:

Signature:__________________________________________ Date:…