Draft Transfer Station Hauling RFP Final2.pdf

INVITATION FOR BID

County of Dunn, Wisconsin

IFB #2019-09

Municipal Solid Waste Hauling Services for the Dunn County Transfer Station

Bids must be received no later than 2:00pm Local Time, December 2, 2019

Dunn County is requesting bids for the services of an experienced and qualified firm to provide waste hauling services for the Dunn County Solid Waste & Recycling Division.

All bids submitted must contain a “total” cost. All prices, costs, and conditions outlined in the bid shall remain fixed and valid for acceptance for 90 days starting on the due date for bids.

Bids will be publicly opened; however, details of each bid, including proposed fees, shall not be announced at the time of opening. Such information shall be made public after all negotiations are completed and an award made.

Interested vendors must inform purchasing, prior to proposal submission deadline, if they have any pre-existing business relationship(s) with Dunn County related to this project that may conflict with a potential contract award.

Dunn County reserves the right to accept or reject any or all bids and to waive technicalities in any bid or part thereof deemed to be in the best interest of Dunn County.

1. Purpose and Procurement Approach

1.1 Purpose

Dunn County is issuing this Invitation for Bids (IFB) for the following waste management services:

∆ Licensed hauling and disposal of municipal solid waste (MSW), including construction and demolition waste (C&D) with bulky items, to a facility licensed to accept municipal solid waste, construction and demolition waste and bulky items.

1.2 Procurement Approach

1.2.1 Proposal Submission Requirements

All proposals must show full compliance with all IFB requirements and provide the required information to satisfy the intent of this IFB. Proposers may utilize subcontracted service vendors to provide the required waste management services. All requirements for completing and submitting a proposal are detailed within this IFB.

1.2.2 Proposal Addenda

Dunn County reserves the right to amend or clarify any portion of the IFB by addenda. Addenda may be issued at any time prior to five (5) days before the due date for receipt of proposals. All addenda issued shall become part of the IFB. The addenda will be sent only to those who have received the IFB from Dunn County. Proposers must acknowledge receiving each addendum, if any, within the cover letter of their submitted proposal.

1.2.3 Proposed Alternative Approaches

Proposers that wish to submit an alternative approach to that described in this IFB, or other IFB’s for related or similar services must first complete the attached standard forms and account for all of the requirements of this IFB. Alternative approaches may then be provided and shall include detailed information so that the alternative(s) can be accurately evaluated by Dunn County.

Alternative approaches shall be included with the proposer’s submittal and alternatives must be clearly identified and explained to be considered by Dunn County. Examples of alternative approaches could include a proposal to provide combined services for two distinct but related IFB’s for hauling materials to and from Dunn County solid waste and recycling facilities, or the inclusion of a “yard dog” tractor in the services provided for the purpose of switching transfer trailers at the Transfer Station utilizing Dunn County staff while the Contractor is in transit to the disposal facility.

1.2.4 Pre-Proposal Meeting

A pre-proposal meeting will be held on November 18, 2019 at 1:00pm in Room 058 of the Dunn County Government Center at 800 Wilson Avenue, in Menomonie, WI. Attendance is strongly encouraged for all interested proposers, and any representatives from potential subcontractors. All questions must be submitted in writing to:

John McLaughlin

800 Wilson Avenue

Menomonie, WI 54751 jmclaughlin@co.dunn.wi.us

1.2.5 Schedule

Dunn County anticipates the following schedule for this procurement process.

Release of IFB – November 13, 2019

Pre-Proposal Meeting – November 18, 2019 1:00 pm local time

Questions Due – November 19, 2019 2:00 pm local time

Responses Due – November 20, 2019

Proposals Due – December 2, 2019

Contract Signed – December 30, 2019

1.2.6 Availability of Information

Dunn County reserves the right to reject any and all proposals. It is Dunn County’s intent to enter into an official service contract with a successful proposer to provide the waste hauling services described within this IFB.

2. Definitions

The following definitions include the common terms and acronyms used throughout the IFB that apply to the service contract.

Dunn County is the Responsible Unit and managing body for the Solid Waste and/or Recycling requirements of 26 participating municipalities throughout Dunn County, WI, having all powers granted in Chapter 59 of Wisconsin Statutes.

Transfer Station is the Dunn County Transfer Station & Recycling Center, owned and operated by Dunn County, and located at E3900 Highway 29, in Menomonie, WI. The Transfer Station is comprised of a solid waste tipping floor for MSW, and various recycling processing areas, and functions as a small material recovery facility. The Transfer Station acts as the central processing location for all MSW received at the facility from businesses and residents of Dunn and other counties, that is then hauled under contract to a disposal facility licensed to accept MSW, as expressed in this IFB.

C&D Wastes are solid waste materials resulting from construction or demolition of buildings, roads, and other structures, and also includes bulky items such as mattresses, furniture, and fixtures.

Bulky Items are comprised of mattresses, furniture, fixtures and other large disposal items that cannot be accepted through traditional curbside trash collections. Bulky items are combined with the MSW that is processed at the Dunn County Transfer Station.

MSW is Municipal Solid Waste originating from households or commercial and industrial sources that does not contain Hazardous Waste, and does not contain process wastes that are generated directly or indirectly from the manufacturing of a product, or the performance of a service such as from dry cleaning or painting applications. MSW does not include sludges, liquids, tires, electronics, appliances, compressed or pressurized cylinders or tanks, or industrial process wastes of any kind.

Solid Waste includes standard trash, garbage, refuse, rubbish, and other common, non-hazardous discarded waste materials including, but not limited to, such materials resulting from domestic, industrial, commercial, and agricultural activities. Solid Waste includes MSW, C&D, and Bulky Items, but does not include Hazardous Wastes, Excluded Wastes, or Special Wastes.

Hazardous Wastes are any amounts of waste listed or characterized as hazardous by the United States Environmental Protection Agency (US EPA), or by any state or local agency, pursuant to the Resource Conservation and Recovery Act (RCRA), as amended, and including future amendments thereto, or as stipulated in applicable state and local laws.

Excluded and Special Wastes are defined as any waste or materials that may be radioactive, volatile, flammable, explosive, toxic, infectious, pathological, or may pose a danger to the environment, including hazardous wastes, non-regulated chemicals, animal carcasses, asbestos, ash, and other wastes that require special handling, profiling, and disposal requirements under federal, state, and/or local laws.

MSW Licensed Facility is a properly licensed MSW landfill or a MSW waste-to-energy facility that is also licensed to accept C&D and Bulky Items in addition to MSW.

Contractor is the successful proposer or selected contractor that has been contracted by Dunn County to provide the waste hauling services described within this IFB, subject to the requirements of the service contract.

Hauler is the approved principle Contractor, or an approved subcontractor assigned by the approved principle Contractor to haul MSW, C&D, and Bulky Items, from the Dunn County Transfer Station to a Licensed MSW Facility.

3. General Requirements

3.1 Waiver

The failure by a party to exercise or enforce any of the terms or conditions of the contract will not constitute or be deemed a waiver of that party’s rights hereunder to enforce each and every term of the contract. The failure by a party to insist upon strict performance of any of the terms and provisions herein will not be deemed a waiver of any subsequent default in the terms or provisions herein.

3.2 Divisibility

The provisions of the contract are divisible. If any provision is deemed invalid or unenforceable, it shall not affect the applicability or validity of any other provision of the contract.

3.3 Assignability

The contract, nor any duties or obligations herein, shall not be assignable by Dunn County or the Contractor without the prior written consent of the other party to the contract, whose consent shall not be unreasonably withheld.

3.4 Modification

The contract may not be modified or amended except as mutually agreed to in writing and signed by the parties hereto.

3.5 Binding Effect

The contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors and representatives.

3.6 Notices

All notices made under the contract shall be in writing and shall be deemed to be duly given upon the date such notice is personally delivered, by commercial courier service or otherwise, or if sent by registered or certified mail with return receipt requested, as addressed to Dunn County at the address hereinafter set forth, or at such other address as any party provides, upon the date of receipt. The Contractor shall provide current contact information for receipt of any and all notices at the time the contract is awarded. All notices must be sent to the following address:

Dunn County Solid Waste & Recycling Division 3001 US Highway 12 East, Suite 240 Menomonie, WI 54751

3.7 Indemnity

The Contractor agrees to indemnify and hold harmless, Dunn County, its officers, agents, and employees from and against any and all losses or expenses that may arise by reason of liability for damage, injury or death, or for invasion of personal or property rights of every name and nature, and whether casual or continuing trespass, nuisance, and any other claim for damages arising at law and/or equity alleged to have been caused or sustained by the Contractor, their employees or agents, or because of any omission of duty, negligence, or wrongful act on the part of the Contractor, their employees, agents, facilities, and equipment due to the Contractor’s use of Contractor’s equipment, personnel, or vehicles to fulfill work under the contract.

The Contractor also agrees to indemnify, defend, and hold harmless Dunn County from all liability, including reasonable attorney’s fees, under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (also known as Superfund) and other applicable federal, state, and local laws and regulations, incurred as a direct result of the transportation, processing, or disposal of the Solid Wastes referred to in the IFB and service contract.

3.8 Inclement Weather

Services provided by the Contractor for the Dunn County Transfer Station are intended to be reliable and efficient in meeting the specific needs of Dunn County. Services may be adjusted as needed at Dunn County’s discretion to accommodate transportation difficulties or closings of business caused by inclement weather.

3.9 Force Majeure

Neither party shall be held responsible for failure or delay in the performance of the duties and responsibilities imposed under the contract for the period within which such failure or delay is due to causes beyond the control of Dunn County or the Contractor, including but not limited to natural disasters, legal labor strikes, fires, war, riots, rebellions, and terrorism.

3.10 Captions

The section titles in the contract are inserted for convenience only and shall not be considered as part of, or affect the interpretation of, any provision of the contract.

3.11 Change in Law

In the event of a change in federal or state law, which materially affects the rights and/or duties of either party to the contract, either party upon a 30-day written notice may request a renegotiation of the contract. Any modifications to the original contract must be mutually acceptable to both parties and documented in writing to be implemented in order to comply with the change in law.

In the event of a change in law, which materially affects the operations of a Licensed MSW Facility in a manner in which the services provided under the contract are substantially hindered, making compliance with the contract impracticable, either party upon a 30-day written notice may elect to terminate the contract.

3.12 Term of the Contract

The term of the service contract shall commence on January 1, 2020 with the option to renew five

(5) additional, one-year contracts when deemed to be in the best interests of Dunn County.

3.13 Termination

Dunn County may, upon written notice to the Contractor, terminate the contract in whole or in part, in accordance with the following criteria:

A. Whenever the Contractor or subcontractor does not perform the services as described in the contract and fails to correct such default within a period of ten (10) days after receipt by the Contractor of notice from Dunn County specifying the default.

B. Whenever for any reason with just cause Dunn County shall determine that such termination of the contract is in the best interests of Dunn County, the effective date of such termination shall not be less than ninety (90) days following receipt by the Contractor of notice from Dunn County. Such termination may be based on a determination by Dunn County’s Solid Waste & Recycling Management Board that there are insufficient funds to cover the cost of Dunn County’s solid waste operations under its authority.

The contract may also be terminated by Dunn County as follows:

Dunn County may terminate the contract at any time after January 1, 2020, at its sole discretion upon notifying the Contractor in writing at least thirty (30) days prior to termination. Upon termination, accept with respect to indemnification obligations, Dunn County’s liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of Dunn County. If after the termination of the contract or any part thereof for default under “A” above, it is determined that the Contractor was not in default pursuant to “A”, or that the Contractor’s failure to perform satisfactorily was due to causes beyond control and without fault or negligence on the part of the Contractor, the notice of termination shall be deemed to have been issued under “B” above, and the rights and obligations of the parties involved shall be governed and resolved accordingly.

Upon receipt of a notice of termination and except as otherwise directed by Dunn County, the Contractor shall stop work under the contract on the date and to the extent specified in the notice of termination; shall take all necessary or appropriate steps to limit disbursements and minimize costs; and will furnish a report as of the date or receipt of the notice of suspension or termination, of the status of all activities under the terms of the contract, including the work effort, funds, results accomplished, conclusions resulting therefrom, and such other matters as Dunn County may require.

Notwithstanding the above, the Contractor shall not be relieved of liability to Dunn County for damages sustained by Dunn County by virtue of any breach of this contract by the Contractor, and Dunn County may withhold any payments to the Contractor for the purpose of off-setting potential damages until such time as the exact amount of damages due to Dunn County from the Contractor is determined. Dunn County shall not be responsible to the Contractor for payment of any penalty, assessment, or damages as a result of the purchase or lease of equipment, buildings, vehicles, and other materials necessary to perform this contract.

3.14 Entire Contract

The contract resulting from the IFB will supersede any and all other contracts or agreements, either oral or written, between the parties hereto with respect to the transactions conducted herein, and contains all the covenants and agreements between the parties with respect to such transaction in any manner whatsoever.

4. Representations and Warranties by Dunn County

4.1 Licenses, Permits, Taxes, and Governmental Authorization

Dunn County certifies that they have all necessary licenses, permits, and governmental authorizations to provide the services contemplated by the contract, and will exercise its best efforts to obtain and/or maintain such licenses, permits, and other authorizations as are required to continue to perform the terms of the contract.

Dunn County shall be liable for all MSW facility taxes, fees, or other charges imposed upon the disposal of Dunn County’s solid waste by federal, state, and local laws and regulations, as applicable.

The rates established under Section 6 – Compensation of this contract incorporate all current MSW facility taxes, fees, and other charges imposed upon the disposal of Dunn County’s solid waste by federal, state, and local laws and regulations. Contractor has the right to immediately pass on any increase in such MSW facility taxes, fees, and other appropriate charges to Dunn County upon the effective date of such increases.

Contractor shall immediately pass on any decrease in such MSW facility taxes, fees, and other charges to the Dunn County upon the effective date of such decreases. Dunn County will accept rate changes caused by these increases or decreases during the term of the contract without delay. If Dunn County can prove that they are exempt from these facility taxes, fees, or other charges, the Contractor will immediately suspend assessment and collection of these facility taxes, fees, and other charges against Dunn County, provided that Dunn County indemnifies and holds harmless the Contractor for any subsequent assessment, imposition, or levy of such facility taxes, fees, and other charges.

4.2 Solid Waste Management Laws, Rules, and Regulations

Dunn County will continue to operate the Dunn County Transfer Station in substantial compliance with all applicable state and local waste management laws, rules, and regulations.

5. Dunn County Obligations

5.1 Dunn County Transfer Station and Recycling Center

5.1.1 Location

The Dunn County Transfer Station and Recycling Center is located at the following address:

∆ E3900 State Highway 29, Menomonie, WI

5.1.2 Business Hours and Days of Operation

The current business hours and days of business operations for the Dunn County Transfer Station are listed below, and are utilized for both commercial MSW haulers and the residents of Dunn and other surrounding counties. Hours and days of operation are year-round, and are subject to change at the discretion of Dunn County.

∆ Dunn County Transfer Station and Recycling Center Monday through Thursday: 5:30am to 4:00pm Friday 5:30am to 3:00pm Saturday: 7:00am to 12:00pm

The Transfer Station also provides public hours of operation for residents. Hours and days of public operation are year-round, and are subject to change at the discretion of Dunn County. While the public hours do have some overlap with the business hours on Mondays and Wednesdays, they will not affect the operations for the hauling services provided under the contract. The Contractor shall also provide hauling services on Saturdays.

∆ Public Hours Monday: 6:30am to 4:30pm Wednesday: 1:00pm to 6:00pm Saturday: 7:00am to 12:00pm

The Transfer Station shall be closed during the holidays of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day.

5.1.3 MSW Quantities Hauled from the Dunn County Transfer Station

The following table displays the total tonnage and total number of switches for MSW hauled from the Transfer Station in 2017 and 2018. All MSW was delivered directly to a licensed MSW disposal facility using dedicated transfer trailers of at least 100 cubic yard capacity. The information provided in no way guarantees a Contractor to the indicated amounts of waste, or to the number of switches shown below, in the future.

Total Tonnage and Number of Switches in 2017 and 2018 Transfer Station MSW Tons MSW Switches 2017 21,608.69 976

2018 22,459.76 1,036

5.2 Waste Composition

Dunn County strictly follows all federal, state, and local solid waste laws and regulations regarding acceptable MSW waste composition. Where requested by the Contractor, Dunn County shall, in addition to any manifesting or other such documentation required by law, provide the Contractor with the opportunity to inspect and observe representative samples of MSW to be transported by the Contractor. Dunn County shall promptly furnish the Contractor with any information regarding known, suspected, or planned changes in composition of such MSW.

6. Compensation

6.1 Requests for Compensation

Dunn County shall pay the Contractor within forty-five (45) days after the receipt of an accurate invoice for reasonable work performed as specified in the Contract. Dunn County shall not incur any interest or other penalty or charges for disputed billings resulting from an error of the Contractor or otherwise.

6.2 Annual Contract Price Adjustment

Compensation described in the Contract may be increased by Dunn County in response to a request from the Contractor on an annual basis. If the Contractor believes an adjustment is warranted, the adjustment must be requested with appropriate documentation on or before January 31 of each calendar year. Compensation adjustments, if approved by Dunn County on or before the January 31 deadline, will be made retroactive to January 1 of that calendar year.

Therefore, the Contractor must provide the request with sufficient documentation to Dunn County prior to the end of the first month of each calendar year. If the Contractor does not make a contract price adjustment request prior to the end of the first month of a calendar year, then the Contractor loses the right for a rate increase as stated above, for the remainder of that year.

Price adjustment requests for retroactive increases beyond the January 31 deadline will not be accepted.

Annual contract price adjustments shall be calculated as follows:

∆ Compensation for the hauling services described in the Contract may be increased or decreased by an amount equal to the Not Seasonally Adjusted, All Items, Consumer Price Index for All Urban Consumers (1982-1984 = 100.00) (CPI-U), published by the United States Department of Labor, Bureau of Labor Statistics.

∆ Annual increases in compensation may not exceed 4% for any calendar year under the term of the Contract.

∆ Website address:

https://www.bls.gov/regions/new-england/data/consumerpriceindex_us_table.htm

If publication of the CPI-U is discontinued, the parties hereto shall accept comparable statistics regarding the cost of living changes for All Urban Consumers as computed and published by an agency of the United States or by a responsible financial periodical or recognized authority selected in agreement by both parties.

The first adjustment may be approved following the first calendar year of 2020 (effective January 1, 2021), and the adjustment request shall be calculated using the CPI-U annual averages for the prior two years. Subsequent adjustments, if requested, must also be calculated as stated. The following is an example calculation of an adjustment at the end of the first quarter of 2014:

∆ Average CPI-U for 2013 = 233.0 ∆ Average CPI-U for 2012 = 229.6 ∆ Index point change (IPC) = 3.4 ∆ IPC divided by 2012 CPI-U value [229.6/3.4] = 0.015 ∆ Multiply result by 100 [0.015 x 100] = 1.5% ∆ 1.5% is the percentage increase that may be requested of the annual contract price

Annual contract price adjustments may only be applied to the contracted hauling unit prices only.

The adjustment cannot be applied to taxes, fees, and other appropriate charges imposed upon the disposal of Dunn County’s Solid Waste by federal, state, and local laws and regulations, which are incorporated into the tipping fees assessed by disposal facilities. Requests for retroactive increases will not be accepted if an annual contract price increase request is not received by Dunn County on or before the January 31 deadline in each calendar year under the term of the contract.

https://www.bls.gov/regions/new-england/data/consumerpriceindex_us_table.htm

6.3 Fuel Surcharges

The Contractor may submit requests for an increase in compensation due to increases in the cost of fuel associated with hauling operations. If the cost of diesel fuel rises above a Contract base amount of $3.999 per gallon, and if requested and accurately invoiced by the Contractor, adjustments may be made on a quarterly basis as a prorated per-load price for changes in the cost of fuel above the Contract base amount. Therefore, the Contractor must provide the request with sufficient documentation to Dunn County at least two (2) weeks prior to the end of each quarter to become effective beginning with the next quarter. If the Contractor does not make a request two (2) weeks prior to the end of the quarter, then the Contractor loses the right for a fuel surcharge for the next quarter. Any approved fuel surcharges must be clearly listed on the invoices as a separate line item.

Diesel fuel prices shall be based on the prior quarter’s average value using the following references:

∆ U.S. Department of Energy, Energy information Administration, U.S. Weekly Retail On- Highway Diesel Prices, Midwest Region.

∆ Website address: https://www.eia.gov/petroleum/gasdiesel/

6.4 Loss of Compensation Rights

The Contractor shall lose all rights to compensation for services rendered if the Contractor does not submit a verifiable and accurate invoice within six (6) months of the completion of satisfactory work performed under the Contract.

7. Representation and Warranties by the Contractor The following representations and warranties are required of the Contractor, and similarly by all haulers and subcontractors of the Contractor that are utilized to perform the services required under the contract. Proposer must complete the General Requirements Narrative and Form A – Proof of Responsibility and Qualifications, as described in Section 9 of the IFB.

7.1 Licenses, Permits, and Governmental Authorization

The Contractor must certify that they have all necessary licenses, permits, and governmental authorizations to provide the services contemplated by this IFB, and will exercise its best efforts to obtain and/or maintain such licenses, permits, and other authorizations as are required to continue to perform the terms of the contract.

The Contractor shall be duly authorized and in good standing to conduct business under the laws of the State of Wisconsin, and have all requisite power and authority to enter into the contract, and carry out its terms and provisions to their full extent.

7.2 Solid Waste Management Laws, Rules, and Regulations

The Contractor will continue to operate their business in full compliance with all applicable state and local solid waste management collection, transportation, and disposal laws, rules, and regulations.

https://www.eia.gov/petroleum/gasdiesel/

7.3 Safety

The Contractor is expected to perform services with the high standard of care, skill, and diligence normally provided by a Contractor in the performance of services rendered in the contract. The Contractor must provide and utilize all appropriate safety equipment; all safety hooks, latches and/or chains must be in place and utilized when and where applicable.

7.4 Litigation or Enforcement Actions

To the best of the Contractor’s knowledge, there must be no actions, suits, proceedings, claims, or enforcement actions by any person, entity, or federal, state, or local governmental agency, nor any investigation by any governmental agency, nor any consent order or business restriction pending, threatened against, or imposed upon the Contractor that would adversely affect the transactions contemplated by the Contract or the Contractor’s ability to perform its obligations under the Contract.

7.5 No Representation or Warranties

No representation or warranty by the Contractor contains any untrue statement or material fact, or omits any material fact necessary to make the statements non- misleading. To the best of Contractor’s knowledge, there is no development, in law or otherwise, that has not been disclosed herein that may have a material adverse effect on the obligations of the Contractor set forth in the Contract.

7.6 Title to Solid Waste

Title to the Solid Waste hauled from the Transfer Station shall be transferred to and vested in the Contractor at the time the materials are loaded into the Contractor’s transport trailer.

7.7 Responsibility for Damages

The Contractor shall be responsible for any damages caused to Dunn County’s facilities and/or equipment due to the Contractor’s or subcontractor’s use of equipment, personnel, and vehicles to fulfill the work duties under the contract. The Contractor must report to Dunn County any damage caused by the Contractor or subcontractor to Dunn County property within four (4) hours of the damage occurring.

8. Contractor Obligations

8.1 Adherence to Laws

The Contractor shall be responsible for furnishing appropriately licensed, capable operators of vehicles and equipment, all appropriate permits, operational licenses, fees, taxes, fuel, maintenance and materials, and transport vehicles necessary to provide Dunn County with the required waste hauling services required by the Contract. The obligations of the contract are equally the responsibility of any subcontractors of the Contractor if utilized to perform the required services.

8.2 Insurance

The Contractor shall at all times during the term of the contract purchase and keep in full force and effect the minimum insurance policies and liability coverage provided for in this section, and shall name Dunn County as Additional Insured on the following policies:

∆ Workers Compensation as required by Chapter 102 of Wisconsin Statutes ∆ Comprehensive General Liability, Bodily Injury, and Property Damage in minimum amounts of $1,000,000 single limit and $5,000,000 aggregate liability coverage ∆ Comprehensive Vehicle Transport Liability, Bodily Injury, and Property Damage in minimum amounts of $1,000,000 single limit and $5,000,000 aggregate liability coverage

The Contractor shall provide Dunn County with valid certificates of insurance for policies described above, along with documented evidence of premium payments.

8.3 Tipping, Loading, and Hauling Operations

The Transfer Station is designed and licensed to accept MSW, which includes C&D and bulky items that are tipped on a dedicated tipping floor for disposal. All MSW received is then loaded via end loader into open-top transfer trailers that are stationed in the Transfer Station pit area, which is a dedicated sub floor-level area designed and reserved exclusively for an open-top transfer trailer. Trailers are loaded as material is received throughout the business day, and must be switched as necessary to accommodate the continual removal of MSW from the tipping floor. It is the responsibility of the Contractor to provide all transport trailers in the appropriate numbers throughout each business day, and to transport all full trailers to a licensed disposal facility that accepts MSW. All full trailers must be properly tarped while parked and during transportation so as to not produce litter.

At the end of each business day, the last trailer utilized for MSW hauling services must be removed from the Transfer Station pit area and either transported to a licensed MSW facility, or parked at a mutually agreed upon location at the Transfer Station, if transportation to the intended MSW disposal facility cannot be accommodated that afternoon/evening. This is to comply with best management practices and fire safety protocols of the Transfer Station Plan of Operations. The Contractor can expect to service MSW volumes of up to 240 tons per day during peak business periods, or approximately eight (8) transfer trailers of 100 cubic yard capacity or greater. While these MSW quantities are the exception rather than the norm, the Contractor must be fully prepared to provide adequate services for any and all volumes of MSW as requested by Dunn County.

8.3.1 General Servicing Requirements

The Contractor shall switch the full MSW trailers with empty trailers upon notice by Dunn County. It is Dunn County’s intent that all daily switches are planned and scheduled with as much advance notice as possible, based on estimated incoming volumes on each day of operation. Daily trailer switch schedules and notices shall be arranged directly through telephone communications between the Contractor’s dispatch assignee, and the Transfer Station Manager.

Nonetheless, if Dunn County finds that an urgent situation exists and requests short notice or additional switches beyond the planned number of switches on any given day, then it is expected that the Contractor shall perform the switches at the established normal rate of pay, and as soon as possible so as to avoid conflicts or non-compliance with the Transfer Station Plan of Operations.

8.3.2 Timely Service Importance and Associated Penalties

Section 5 indicates the scheduled hours of operation for the Transfer Station for business and public use. If the Contractor fails to perform a requested switch on the day the switch is needed, and after best efforts have been made to communicate the need for the requested switch or switches, the Contractor will be assessed a $250 per trailer per penalty. The assessed penalties will be noted on the invoices paid by Dunn County and will be assessed by reducing the Contractor’s invoiced amount accordingly. The Contractor shall not be paid for any switches that have not been requested by Dunn County.

8.4 Materials Management Requirements

All materials must be adequately covered before leaving the Transfer Station to prevent littering. The contractor shall be responsible for cleaning the trailers and trucks as reasonably deemed necessary by Dunn County. The contractor shall also be responsible for weighing all loaded trailers upon delivery at a designated licensed disposal facility, and shall calculate the amount of MSW (in tons) based upon the difference between the before and after weights of the truck and trailer, using the certified scale at each respective facility.

Each facility utilized shall maintain certification of their scales as required by law.

8.5 Billing

The Contractor will direct-bill Dunn County for payment according to the rates provided by the Contractor on Form B – Compensation Table, as follows:

∆ Per-load fees associated with the hauling of MSW from the Dunn County Transfer Station to a licensed MSW facility for disposal.

∆ Per-ton fees associated with the disposal of MSW from the Dunn County Transfer Station

All billing must be invoiced by the Contractor on a monthly basis for all services provided during the previous calendar month. The services provided in any calendar month must be billed on a single invoice. The scale tickets from all MSW loads hauled and disposed of must be included with the invoices.

8.6 Records and Audits

The Contractor shall maintain books, records, documents, and other evidence directly pertinent to the performance of services under the contract and any federal, state, and local rules and regulations, in accordance with accepted professional practices and appropriate procedures.

Dunn County, or any of its duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying.

Confidentiality will be maintained for information not otherwise available to the public under the usual methods of preserving such confidentiality.

Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the American Institute of Certified Public Accountants. The Contractor agrees to the disclosure of all information and reports resulting from access to records pursuant to the paragraph above. Where the audit concerns the Contractor, the auditing agency will afford the Contractor an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the pertinent written comments, if any, of the audited parties.

Records under the above paragraph shall be maintained and made available during performance of the services under the Contract and for three (3) years from the date of termination. In the event state law requires the maintenance of such records for a period longer than three (3) years, the requirements of state law shall take precedence. In addition, those records, which relate to any dispute or litigation or the settlement of claims arising out of such service performance or costs of items to which an audit exception has been taken, shall be maintained and available for three (3) years after the date of resolution of such dispute, litigation, claim, or exception.

8.7 Quarterly Meetings

The Contractor agrees to meet with representatives from Dunn County on a quarterly basis each contract year to review service operations and facilitate communication between both parties. The Contractor shall provide a representative that has knowledge of the licensed MSW disposal facilities utilized by the Contractor, and associated hauling operations expressed in the contract. Meetings shall be held at a site mutually agreed to by the Contractor and Dunn County. The meetings shall take place during the months of January, April, July, and October, or as otherwise agreed upon by both parties.

9. Proposal Submission Requirements

9.1 General Provisions

Proposers must follow the instructions for bid submission outlined in this section to be considered responsive. Bids (Form A & B) must submitted no later than 2:00 pm local time December 2, 2019, to:

John McLaughlin jmclaughlin@co.dunn.wi.us Dunn County Finance Department 3001 US Highway 12 East, Suite 225 Menomonie, WI 54751

The proposer, if selected, agrees to carry out all of the provisions of the IFB and agrees that all information submitted in support of their proposal is accurate and factual and that all representations made regarding the proposer’s acceptance of the proposed business arrangements are accurate.

9.2 General Requirements Narrative

The proposer shall address in a narrative form, the following items, and provide the requested documentation as attachments to the narrative:

9.2.1 Financial Conditions and Resources

The proposer must demonstrate sufficient financial resources to carry out its responsibilities as outlined in this IFB and to back up its anticipated contractual obligations as outlined in the contract. The proposer is required to submit complete financial statements or their equivalent for the most recent three years of operation. All information must be submitted in accordance with generally acceptable accounting principles consistently applied.

9.2.2 Proposer, Contractor, and Subcontractor License Information

The proposer must provide copies of all applicable licenses, permits, and governmental authorizations that will be utilized to provide the MSW hauling services contemplated by the IFB.

The proposer shall present information indicating the regulatory status of each license or permit copy provided as part of their proposal.

The proposer must provide all applicable licenses for any subcontractors that they will utilize to meet the requirements of the contract, together with details as to which aspects of the required MSW hauling services will be provided by each proposed subcontractor, if applicable.

9.2.3 Waste Facility License Information

The proposer must provide with their proposal, applicable license information for the MSW disposal facility or facilities proposed as the destination for Dunn County’s MSW, including:

∆ Existing license expiration and renewal dates of each applicable license, copies of which must be attached to the proposal.

∆ The regulatory status of each applicable facility license or permit provided as part of the proposal.

∆ A demonstration of an ability to assure adequate disposal capacity for the MSW originating from Dunn County operations, for the term of the contract.

∆ An indication of any existing tonnage limitations and their impact on potential MSW deliveries from Dunn County for the term of the Contract.

∆ Identification of waste receiving hours at each licensed MSW facility, and the specific days of the year upon which waste will not be accepted due to holidays or other planned closures.

Dunn County shall have complete rights to access any facility proposed for acceptance of Dunn County’s MSW and need not give prior notice to the Contractor or facilities of such access during the facility’s hours of operation. Access shall include allowing Dunn County representatives access to the working face of facilities utilized; the right to inspect waste unloaded from any truck originating from the Dunn County Transfer Station, and, to be present at the scale house to monitor the operation of the scale and scale recording system; and to inspect all records. Access by Dunn County representatives shall be in accordance with each facility’s safety standards and shall not interfere with a facility’s ability to perform its operations, or its obligations under the contract.

9.4 Form A – Proof of Responsibility and Qualifications

Proposers responding to this IFB will be partially evaluated on the basis of their demonstrated experience. Proposers are encouraged to submit information from existing service areas to demonstrate their experience and success.

Proposers responding to this IFB shall complete Form A – Proof of Responsibility and Qualifications. This form must be completed for the proposal to be deemed responsive.

Proposers must indicate clearly on Form A if any information is not applicable. Form A must be executed by an official authorized to bind the proposer, and must be submitted as part of their proposal.

9.5 Form B – Compensation Table

Proposer shall complete Form B – Compensation Table, included with the IFB. This form must be completed for the proposal to be deemed responsive. Form B must be signed by an officer of the proposing organization empowered to sign such submittal and commit the proposer to the obligations contained in the IFB.

Form A - Page 2 of 2

FORM A

PROOF OF RESPONSIBILITY AND QUALIFICATIONS

PROOF OF RESPONSIBILITY AND QUALIFICATIONS

This form shall be executed by an official authorized to bind the proposer, and must be submitted as part of the proposal by the submittal due date.

No proposal will be accepted from any proposer who has not included a completed Form A. Dunn County reserves the right to reject the proposal of any proposer who has been determined to be unqualified. The contents of Form A will be considered strictly confidential. Attach additional pages if necessary.

1. Name of Company:

2. Address:

3. Phone: _______________

4. Year Organized:

5. Where Incorporated: _____

6. Years In Business:

7. List three client references, including name, address, phone, and services provided. Attach a separate sheet with the name of the company noted at the top.

8. Have any present or past officers and/or management personnel within your company ever been convicted of fraud or embezzlement or other crimes related to any solid waste, recycling, hauling, or disposal business? Yes No _____

If Yes, please explain:

9. Has your company ever defaulted on a contract? Yes No _____

If Yes, please explain:

Form A - Page 2 of 2

FORM A – CONTINUED

PROOF OF RESPONSIBILITY AND QUALIFICATIONS

Name of Proposing Company:

10. Has your company ever failed to complete any work awarded to it? Yes _ No _____

If Yes, please explain

11. Has any federal or state regulatory agency issued one or more citations or notices of violations against your company? Yes _ No ______

If Yes, please explain

12. Provide the names, statement of background, and experience of present officers and management personnel who would directly manage this contract.

13. Attach written documentation, preferably from banks or other financial institutions, of the credit available to the proposer company.

14. Attach summary financial statements, including total assets, total liabilities, and net worth, for your company.

15. Additional information may be presented, if desired by the proposer.

Authorized Company Official completing this form:

Name:

Title:

Signature:

Date:

Form B - Page 1 of 3

FORM B

COMPENSATION TABLE

Proposer must complete and include Form B – Compensation Table with their proposal. The compensation for services described in the IFB is as follows:

1. Dunn County Transfer Station Hauling Services Pricing per Switch

Hauling MSW to a Licensed MSW Facility _______________________________________

2. Dunn County Transfer Station Hauling Services Pricing per Ton

Hauling MSW to a Licensed MSW Facility _______________________________________

3. MSW Disposal at Licensed MSW Facility

Disposal Facility Tipping Fee, excluding additional fees* ($/ton):

Disposal Facility Fees* ($/ton): _____________________________________________

Total Disposal Facility Fee ($/ton): __________________________________________

* Disposal Fees shall be listed separately from Tipping Fee as a lump sum charged by the disposal facility per ton, including host fees, state fees, taxes, etc., where applicable

Proposed MSW Facility Name:

MSW Facility Address:

Form B - Page 2 of 3

FORM B – Continued

COMPENSATION TABLE

1.6 List of Subcontractors

The following is a list of subcontractors whose bids were used in this proposal. It is agreed that after submission of this list, no change may be made in subcontractors as listed without prior approval from Dunn County. If no subcontractors, please state "None."

Subcontracted Services: Subcontractor:

The undersigned acknowledges the penalties associated with not meeting servicing schedule requirements.

Authorized Company Official completing this form:

Name: __________________________________________________________

Title: ____________________________________________________________

Signature: __________________________________ Date: ______________

Form B - Page 3 of 3