City of Tybee Island _ Recycling Containers R.docx

REQUEST FOR PROPOSALS

RFP NO. 2025-784

RECYCLING COLLECTION CONTAINERS

CITY OF TYBEE ISLAND, GEORGIA

BRIAN WEST, MAYOR

PROPOSALS DUE: Thursday, July 24, 2025, at 2:00PM PRE-PROPOSAL MEETING: Thursday, July 10, 2025, at 2:00PM

DOCUMENT CHECK LIST

The following documents are contained in and made a part of this Request for Proposal and are required to be submitted with the proposal. It is the responsibility of the company submitting the proposal to read, complete and sign, where indicated, and return these documents with his/her proposal. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THEIR PROPOSAL.

INTRODUCTION

SPECIFICATIONS AND REQUIREMENTS

INSTRUCTIONS TO PROPOSERS

GENERAL INFORMATION

SURETY REQUIREMENTS

EVALUATION CRITERIA

ATTACHMENTS:

SEPARATE ATTACHMENTS:

INTRODUCTION

Date: 8-28-18 This is a Request for Proposal to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”) with products or services as indicated herein.

The City of Tybee Island seeks proposals from interested and qualified suppliers for the sole purpose and intent of providing and delivering sustainable, durable, outdoor recycling containers.

Sealed proposals must be received by 2:00PM local time, on July 24, 2025. The City of Tybee Island reserves the right to reject any or all proposals.

A pre-proposal meeting will be held on Thursday, July 10, 2025, at 2:00PM in the City of Tybee Island, City Hall Conference Room. Interested respondents are encouraged to attend, as they will have the opportunity to discuss specifications and ask questions.

METHOD OF AWARD: If the City of Tybee Island awards a contract from this RFP, it will be awarded to the responsible proposer deemed able to provide the best value for the City. The award will consider price among other factors as specified in the RFP. The City reserves the right to select the proposer which best meets the City’s goals and objectives, needs, budget constraints, and quality levels, as well as its educational and service level expectations. The City reserves the right to award the contract to one or multiple vendors.

Signature of proposal submitter indicates understanding and compliance with attached terms and conditions and all other specifications made a part of this RFP, and any subsequent award or contract. All terms, conditions and representations made within this RFP will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the submitter, in whole or in part, for any costs associated with preparation, submission, or presentation of their proposal.

Instructions for preparation and submission of a proposal are contained in this RFP package. Please note that specific forms for submission of a proposal are required.

The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap.

The City is seeking a proposal package for service or materials equal to or exceeding specifications set forth on the attached pages. Submittals not meeting these standards will be rejected. The attached specifications become and remain a part of this RFP.

All responses, inquiries, or correspondence relating to, or in reference to, this RFP, and all reports, charts, displays, schedules, exhibits and other documentation by the proposal submitters will become the property of the City when received. The City retains the right to use any or all ideas presented in any response to this RFP, whether amended or not. Selection or rejection of the proposal does not affect this right.

BACKGROUND

The City of Tybee Island is the recipient of a Georgia Recycling, Waste Reduction, and Diversion Grant from the Environmental Protection Division of the Georgia Department of Natural Resources. In January 2025, the city was awarded a grant for reimbursement funding of programs and equipment designed to increase recycling, reduce waste, and divert recoverable materials from the solid waste stream on Tybee Island. Part of the grant is earmarked for the replacement of and addition to the overall number of recycling bins. The amount allocated for recycling containers is up to $83,100.00, to include the purchase and delivery of the recycling containers, and all other related charges.

SPECIFICATIONS AND REQUIREMENTS

The City of Tybee Island seeks qualified proposals for the furnishing and delivery of 100 sustainable, outdoor heavy duty recycling containers. The receptacles shall be blue, be a minimum of 35 gallons, have a rain cap (canopy) providing weather protection with openings on two sides, and have a gate opening on the side for easy bin removal and/or replacement of liners.

As a coastal community, heavy duty recycling containers are required for constant public use and must be able to withstand a salty, sandy beach climate and be heavy enough to withstand coastal winds. The containers shall be constructed of predominantly recycled materials.

SCOPE OF SERVICES:

Respondents shall provide recycling container pricing based on a discount from their standard pricing schedules for products, related fees, and/or delivery service offered. Electronic catalog and/or price lists must accompany the proposal. Each recycling container proposed is to be priced separately, with all ineligible items identified in the catalog and/or price list. Multiple percentage discount structure is also acceptable. Please specify where different discounts apply and if additional pricing and/or discounts are included.

Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single product line and/or to a specified or limited number of containers. Delivery fees shall be included in the pricing for a complete or partial product order. Delivery fee pricing shall include delivery to: City of Tybee Island Department of Public Works, 76 Polk Street, Tybee Island, GA 31328.

1. INSTRUCTIONS TO PROPOSERS

1.1

Purpose: The purpose of this document is to provide general and specific information for use in submitting a bid to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All RFPs are governed by the Code of the City of Tybee Island, Georgia, 15-2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia.

Proposers must carefully review all provisions of, and attachments to, this document prior to submission. Each proposal constitutes an offer and cannot be withdrawn except as provided herein. This RFP and any attachments, plans, and/or other related documents can be found on the City’s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the proposer to check the website for additional information and/or addendums

1.1 How to Prepare Proposals:

All Proposals must be:

a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted.

b. Proposals must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Proposal. ALL SIGNATURE SPACES MUST BE SIGNED.

1.2 How to Submit Proposals:

One original, and one electronic copy (USB flash drive) must be submitted in a sealed opaque envelope, plainly marked with the RFP number and title, and bidder’s company name, to the office of the address below prior to the time specified. Include all required attachments, which can be found at the end of this document.

· Include all requested documents, in addition to a W-9, certificate of insurance, and required bid bond.

· City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration.

· Include at least three (3) references documenting your experience with similar projects. Include the name of the project, construction cost, location, and current reference contact information including name, phone number, and email address. In addition to the information above, submit a written and/or photographic description of how these projects relate to this RFP.

· All Proposals must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above.

· Courier or hand deliver the response package to:

ALEESHA ROBINSON

TYBEE ISLAND CITY HALL

403 BUTLER AVE

TYBEE ISLAND, GA. 31328

· Proposals may be submitted via US Mail, but bidders choosing this method should allow at least an additional 24 hours for delivery:

ALEESHA ROBINSON

CITY OF TYBEE ISLAND

PO BOX 2749

TYBEE ISLAND, GA. 31328

FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED.

1.3 How to Submit an Objection:

Potential bidders must present any written objection to this RFP at least seven (7) days prior to the proposal due date. The objections contemplated may pertain to form and/or substance of the RFP documents. Objections must be made in writing to Aleesha Robinson aleesha.robinson@cityoftybee.gov. Email subject line: Objection to RFP 2025-784.

1.4 Minimum Requirements for Proposals:

a. Proposals shall be considered only from firms normally engaged in performing the type of work specified in the Request for Proposal. In the determination of the evidence of responsibility and ability to perform the required services by the proposer, the representatives of the City shall determine whether the evidence of responsibility ad ability to perform is satisfactory. The representatives of the City reserve the right to reject any or all proposals.

b. Previous experience in the performance of projects of a similar nature to ensure timely and efficient completion.

c. The individual/firm warrants that he/she is fully qualified, with adequate personnel and experience, to undertake the services required within a reasonable time.

d. The proposer shall be an equal employment opportunity employer and shall adhere to any applicable local, state, or federal affirmative action requirements.

1.5 Errors in RFP Responses:

Proposers are expected to fully inform themselves as to the conditions, requirements, and specifications of this RFP before submitting a proposal. Failure to do so will be at the Proposer's own risk. In case of error in extension of prices in the proposal, the unit price will govern.

1.6 Questions concerning RFP:

Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this RFP must be made by email, sent to the below named individual who will be the official point of contact for this RFP. Questions must be submitted at least seven days before the proposal’s due date.

Mark subject line on e-mail “Questions on RFP 2025-784.

POINT OF CONTACT:

Contact Name: Patricia Sinel Contact Email: patricia.sinel@cityoftybee.gov Contact Phone Number: (912)472-5031

Failure of a Proposer to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Proposer's acceptance of all the terms, conditions and requirements set forth in this RFP.

1.7 Addendums to RFP:

Any changes to the conditions or specifications in this RFP must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this RFP, it will be posted by the Purchasing Agent on the City’s website.

The issuance of a written addendum by the Purchasing Agent is the only official method by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others.

Proposer must acknowledge each addendum in the bid. It is solely your responsibility as a proposer to ensure that you have received all addenda and incorporated the changes into your proposal response before submission. Addenda must be noted on proposal. Unless otherwise specified in an addendum, the due date and time remains as listed above.

2 GENERAL INFORMATION

2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the proposer but will put the proposer on notice to inquire of or identify the same from the City of Tybee Island. Whenever information herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., will be construed to be the minimum requirements of these specifications.

2.2 Standards for Acceptance of Proposal for Contract Award: City of Tybee Island reserves the right to reject any or all proposals and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the proposal of a proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to perform the contract.

2.3 Proposer: Whenever the term "proposer" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a proposal (a binding offer) to City of Tybee Island in such capacity before a contract has been entered into between such party and City of Tybee Island.

2.4 Responsible / Responsive proposer: Responsible proposer means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive proposer means a person or entity that has submitted a proposal that conforms in all material respects to the requirements set forth in this RFP.

2.5 Compliance with Laws: The proposer will obtain and maintain all licenses, permits, liability insurance, worker's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island will be supplementary to this section and not in substitution thereof.

2.6 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment, or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents.

2.7 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any proposer must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects).

2.8 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No proposals will be considered unless a signed E-Verify Affidavit is enclosed with the submittal package.

Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information.

Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain “public benefits” are legally present in the United States. Contracts with the City are considered “public benefits.” Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this RFP package.

Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers can hire only persons who can legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of any hire, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

2.9 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project.

2.10 Prices to be Firm: Respondent warrants that proposal prices, terms and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from bid opening date, unless otherwise stated in the RFP.

2.11 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this proposal will be of the best quality, and adhere to the highest industry standards.

2.12 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Respondent will unconditionally guarantee the materials and workmanship for one (1) year from completion of the project or delivery of goods. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor at his expense will repair or adjust the condition, or replace the material and/or services to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments will be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City.

2.13 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the proposal as requested by the City, the proposer will be liable for any injury, damage or loss occasioned by negligence of the proposer, its agent, or any person the proposer has designated to prepare the proposal and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island.

2.14 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms. An award may be made to the next lowest proposer, for articles and/or services specified, or they may be purchased on the open market. The defaulting Contractor (or its surety) will be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements.

2.15 Certification of Independent Price Determination: By submission of this proposal, the proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement:

a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly to any other proposer or to any competitor; and

c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

2.16 Qualification of Business (Responsible Proposer): the Scope of Work, specifications and plans define a responsible Proposer as one who meets, or by the date of the proposal acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City has the right to require any or all proposers to submit documentation of the ability to perform, provide, or conduct the service or provide the product requested. The City has the right to disqualify the proposal of any proposer as being unresponsive or un-responsible whenever such Proposer cannot document the ability to deliver the requested product or service.

2.17 Insurance Provisions, General: The selected proposer to whom the contract is awarded will be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance must be included in the proposal.

a. General Information that must appear on a Certificate of Insurance:

i. Name of the Producer (proposer’s insurance Broker/Agent).

ii. Companies affording coverage (there may be several).

iii. Name and Address of the Insured (this is the Company or Parent of the firm the City is contracting with).

iv. A Summary of all current insurance for the insured (includes effective dates of coverage).

v. A brief description of the operations to be performed, the specific job to be performed, and contract number.

vi. Certificate Holder (Must include the City of Tybee Island as a certificate holder and an additional insured).

THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE ISLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY COVERAGES.

b. Minimum Limits of Insurance to be maintained for the duration of the contract:

i. Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $2,000,000 bodily injury and property damage per occurrence and annual aggregate.

ii. Worker's Compensation and Employer’s Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties. Employer’s Liability coverage is usually included in Worker’s Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker’s Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker’s Compensation limit.

iii. Business Automobile Liability: Coverage insures against liability claims arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000 combined single limit per accident for bodily injury and property damage. Coverage must be written on an Any Auto basis.

THE INSURANCE REQUIREMENTS AND LIMITS STATED HEREIN MAY BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA &/OR EXCESS COVERAGES.

c. Special Requirements:

i. Extended Reporting Periods: The Contractor must provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option.

ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies will not affect coverage provided in relation to this request.

iii. Cancellation: Each insurance policy that applies to this request must be endorsed to state that it will not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the City of Tybee Island.

iv. Proof of Insurance: City of Tybee Island must be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the City of Tybee Island contract.

v. Insurer Acceptability: Insurance is to be placed with an insurer licensed to do business in the State of Georgia, and having an A.M. Best’s rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best’s rating will be used to evaluate insurer acceptability.

vi. Lapse in Coverage: A lapse in coverage will constitute grounds for contract termination by the City of Tybee Island Mayor and Council.

vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the option of the City of Tybee Island, either: the insurer will reduce or eliminate such deductibles or self-insured retention as related to the City of Tybee Island, its officials, officers, employees, and volunteers; or the Contractor will procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses.

2.18 Compliance with Specification - Terms and Conditions: The RFP, Legal Advertisement, General Conditions and Instructions to Proposers, Specifications, Special Conditions, Vendor's Proposal, Addendum, and/or any other pertinent documents form a part of the proposal and by reference are made a part hereof.

2.19 Signed Proposal Considered Offer: The signed Proposal will be considered a binding offer on the part of the proposer, which offer will be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Proposer after such acceptance, the City of Tybee Island may take such action as it deems appropriate, including legal action, for damages or lack of required performance.

2.20 Notice to Proceed: The successful proposer must not commence work under this RFP until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Proposer does commence any work or deliver items prior to receiving official notification, it does so at its own risk.

2.21 Protest Policy: Any proposer who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted in writing no later than 48 hours after the bid opening. Protests must be made in writing to Aleesha Robinson at aleesha.robinson@cityoftybee.gov, with the subject line Protest: RFP 2025-784 must include the following information:

a. Name, address, email address, and telephone numbers of the protester;

b. RFP number;

c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester;

d. Copies of supporting documents, if any;

e. Statement of relief requested;

f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision;

g. All information establishing the timeliness of the protest.

2.22 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City are specified in the contract document.

a. Questions regarding payment may be directed to the Finance Manager at 912-472-5072 or City of Tybee Island’s Project Manager as specified in the contract documents.

b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document.

c. Upon completion of the work or delivery of the products, the Contractor will provide the City of Tybee Island with an affidavit certifying all suppliers, persons or businesses employed by the Contractor for the work performed for the City of Tybee Island have been paid in full.

d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656-4065 for additional information.

2.23 Owner’s Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner further reserves the right, and sole and complete discretion to reject all bids and any bid that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the Owner in its sole discretion. In judging whether the Proposer is responsible, the Owner will consider, but is not limited to consideration of, the following:

a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority;

b. Whether the Proposer or principals have been terminated for cause or are currently in default on a public works contract;

c. Whether the Proposer can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and

d. Whether the Proposer’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Respondent’s contract obligations.

2.24 Debarred or Suspended Subcontractors: Contractor will not subcontract and will ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor will immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract.

2.25 Cone of Silence: Lobbying of procurement team members, City employees, and elected officials regarding this product or service solicitation, Request For Proposal (RFP) or contract by any member of a proposer’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions will render your proposal invalid.

2.26 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s official files without any obligation on the City of Tybee Island’s part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, will belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to public inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law.

It is the responsibility of the Proposer to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Proposer submitting records which the entity or person believes contains trade secrets that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia.

City of Tybee Island will not be held accountable if material from proposals is obtained without the written consent of the Proposer by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process.

2.27 Georgia Trade Secret Act of 1990: In the event a Proposer submits trade secret information to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law.

2.28 Contractor Records: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion.

2.29 Method of Compensation: The compensation provided for herein will include all claims by the contractor for all costs incurred by the contractor in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount will be paid to the contractor after receipt of the invoice and approval of the amount by the City of Tybee Island. The City will make payments to the contractor within thirty (30) days from the date of receipt of the contractor's acceptable statement on forms prepared by the contractor and approved by the City of Tybee Island.

Should the Project begin within any one month, the first invoice will cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices will be submitted each month until the Project is completed. Invoices will be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays, and termination of work pursuant to provisions of the contract. Each invoice will be accompanied by a summary progress report, which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act.

If the gross value of completed work is less than 50% of the total contract amount, or if the contractor is not maintaining his construction schedule to the satisfaction of the engineer, the City of Tybee Island will retain 10% of the gross value of the completed work as indicated by the current estimate approved by the engineer acting on behalf of the City of Tybee Island.

After the gross value of completed work becomes to or exceed 50% of the total contract amount within a time period satisfactory to the City of Tybee Island, then the total amount to be retained will be reduced to 5% of the gross value of the completed work as indicated by the current estimate approved by the engineer, until all pay items are substantially completed.

When all work is completed and time charges have ceased, pending final acceptance and final payment the amount retained will be further reduced at the discretion of the City of Tybee Island.

The Contractor may submit a final invoice to the City of Tybee Island for the remaining retainage upon City’s acceptance of the Certificate of Substantial Completion. Final payment constituting the entire unpaid balance due will be paid by the City to the Contractor when work has been fully completed and the contract fully performed, except for the responsibilities of the Contractor which survive final payment. The making of final payment will constitute a waiver of all claims by the City except those arising from unsettled liens, faulty or defective work appearing after substantial completion, failure of the work to comply with the requirements of the Contract Documents, or terms of any warranties required by the Contractor Documents or those items previously made in writing and identified by the City as unsettled at the time of final application for payment. Acceptance of final payment will constitute a waiver of all claims by the Contractor, except those previously made in writing and identified by the Contractor as unsettled at the time of final application for payment.

2.30 Terms of Contract:

a) Contract is a one-time contract to follow award of project.

b) The contract will provide that the venue for any dispute will be in Chatham County, and Georgia law will control.

c) The contract will not contain any obligation for the City to indemnify the other party to the contract or any other entity or person.

d) All other terms will be consistent with the RFP and the proposal documents submitted, each of which will be incorporated into and made a part of the contract.

e) The final terms will be agreed upon by each party, including approval by the Mayor & Council of the City of Tybee Island.

2.31 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island.

2.32 Liquidated Damages: Owner and Contractor recognize that time is of the essence of this Agreement and that the owner will suffer financial loss if the work is not completed within the times specified in the contract, plus any extensions thereof allowed. The parties also recognize the damages or loss caused by the failure to complete the work on time is difficult or impossible to accurately estimate, and the parties hereby stipulate that the sum of Five Hundred Dollars ($500) per day is a reasonable pre-estimate of the probable damages or loss incurred by Owner for delay in completion of construction. Accordingly, Owner and Contractor agree that as liquidated damages for delay, Contractor shall be liable to Owner for the sum of Five Hundred dollars ($500.00) for each day that the work is not completed as specified in the contract and that this amount of liquidated damages is intended to solely provide for damages incurred by Owner and not as a penalty to Contractor.

2.33 Proposal Surety: Each proposal shall be accompanied by a qualified bond/surety, cashier's check, or certified check in the minimum amount of 5% of the total proposal price. Proposer will forfeit this amount should it be offered a contract by the City and refuse or fail to promptly enter into such contract.

2.34 Performance and Payment Bonds:

a. Prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Performance Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred percent (100%) of the total contract amount to ensure the Contractor’s satisfactory performance.

b. Also prior to the Agreement being signed, the Contractor shall furnish to the City of Tybee Island a Payment Bond issued by a surety company licensed to do business under the laws of the State of Georgia and satisfactory to the City of Tybee Island in the amount of one-hundred percent (100%) of the total contract amount to ensure the Contractor’s satisfactory payment of subcontractors and material suppliers.

c. The Contractor shall be solely responsible for keeping the surety informed as to the total contract price, significant changes in project scope, and overall progress and completion of project for the entire life of the contract.

d. If the surety on the bonds furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business in the State of Georgia is terminated, the Contractor shall within five (5) calendar days thereafter substitute other bonds and surety acceptable to the City of Tybee Island. If the Contractor does not furnish the replacement bonds to the City of Tybee Island within the five (5) days, the City of Tybee Island may consider the Contractor in material breach of contract and take appropriate actions.

2.35 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the proposal as requested by the City, the proposer will be liable for any injury, damage or loss occasioned by negligence of the proposer, its agent, or any person the proposer has designated to prepare the proposal and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island.

2.36 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non-performance or violation of contract terms.

3. EVALUATION CRITERIA:

This is not a bid. There will not be a public opening. The Selection Committee will be responsible for recommending a contractor to provide the services related to the Recycling Collection Containers. The Selection Committee will evaluate the proposals received and make a recommendation to the Mayor and City Council as to the contractor it determines is best suited to provide the product(s) and/or perform the services. The Selection Committee will consist of representatives from the City Administration. Following review, the Selection Committee will forward a recommendation to the Tybee Island City Council, who could approve the recommendation and authorize negotiation of the contract. Recommendations will be based on, but not limited to, the following factors:

Criteria Possible Points

ATTACHMENT A

CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1)

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 engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Contractor

Name of Project

Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______, ___, 20__ in _____ (city), ______ (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__.

NOTARY PUBLIC

My Commission Expires:

ATTACHMENT B

Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with __________________ (name of contractor) on behalf of __________________________________(name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A.§ 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number

Date of Authorization

Name of Subcontractor

Name of Project

Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on____________ ____, 20 in city), (state).

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE DAY OF ,20___

ATTACHMENT C

O.C.G.A. § 50-36-1(e)(2) Affidavit

By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit:

1) _________ I am a United States citizen.

2) _________ I am a legal permanent resident of the United States.

3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency.

My alien number issued by the Department of Homeland Security or other federal immigration agency is: ____________________.

The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A.

§ 50-36-1(e)(1), with this affidavit.

The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________.

In making the above representation under oath, I understand that any person who knowingly and willfully makes a false,…