RFB No 25_0002.pdf

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 1 of 55

COLUMBUS CONSOLIDATED GOVERNMENT

Georgia’s First Consolidated Government

FINANCE DEPARTMENT

PURCHASING DIVISION 1111 1st AVENUE – 1st FLOOR, COLUMBUS, GEORGIA 31901

P. O. BOX 1340, COLUMBUS, GEORGIA 31902-1340

706-225-4087 | ColumbusGA.gov

Date: July 22, 2024

REQUEST FOR BIDS:

RFB No. 25-0002

Qualified vendors are invited to submit sealed bids, subject to conditions and instructions as specified, for the furnishing of:

STEEL TRASH RECEPTACLES

(ANNUAL CONTRACT)

GENERAL SCOPE Provide steel, 32-gallon trash receptacles to METRA Transit System on an as-needed basis. The contract term shall be three (3) years.

DUE DATE August 14, 2024 - 2:30 PM (Eastern)

Responses must be submitted via DemandStar on or before the due date. A virtual opening will be held during the 3:00 PM hour of the due date. Responding vendors are not required but are invited to attend the opening.

If you wish to attend the virtual opening, use one of the Microsoft Teams meeting options: Click here to join the meeting or call in (audio only) +1 478-239-

0725,,855808406# United States, Macon Phone Conference ID: 855 808 406# Find a local number | Reset PIN. Note: Columbus Consolidated Government is not responsible for technical issues that may arise during the virtual opening.

SUBMISSION

REQUIREMENTS

See Appendix A for Submission Requirements, Submission Requirements Checklist, DemandStar Registration and Submission Instructions.

ADDENDA Any and all addenda will be posted on the Purchasing Division’s web page, at https://www.columbusga.gov/finance/Bid-Opportunities. It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a bid.

“NO BID” RESPONSE If you are not interested in this solicitation, refer to page 3.

Andrea J. McCorvey

Purchasing manager http://www.columbusga.gov/ https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZDBhMjU0OWQtNzhmMC00MWI3LWFmYTUtMWE5Mzg1MjYzNjJh%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522f6bad3c9-1001-44da-acff-b25808ccd0c4%2522%252c%2522Oid%2522%253a%252231b993f8-2ba4-4447-8595-e9bd2a9237bb%2522%257d&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=EtqSxTlQyxV6y%2Fbuj7jQhhssFaCviAFruPTKL665iPk%3D&reserved=0 tel:+14782390725,,855808406# tel:+14782390725,,855808406# https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F59f93fad-7434-42f9-b866-29ac5c89c046%3Fid%3D855808406&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VVDIVins36aPwsCTcm3xO81%2FChUT7B5Np0mgAp9rAas%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F59f93fad-7434-42f9-b866-29ac5c89c046%3Fid%3D855808406&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VVDIVins36aPwsCTcm3xO81%2FChUT7B5Np0mgAp9rAas%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmysettings.lync.com%2Fpstnconferencing&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378738837%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=B3EFQGocYOaZ%2FWJeJvvy0qfiZu309O0I%2BWBqssG8iuo%3D&reserved=0 https://www.columbusga.gov/finance/Bid-Opportunities

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 2 of 55

IMPORTANT INFORMATION

E-Notification

Columbus Consolidated Government uses the Georgia

Procurement Registry e-notification system. You must register with the Team Georgia Marketplace to receive future procurement notifications at https://doas.ga.gov/state-purchasing/getting-started-supplier.

If you have any questions or encounter any problems while registering, please contact the Team Georgia Marketplace

Procurement Helpdesk:

Telephone: 404-657-6000

Fax: 404-657-8444

Email: procurementhelp@doas.ga.gov https://doas.ga.gov/state-purchasing/getting-started-supplier https://doas.ga.gov/state-purchasing/getting-started-supplier mailto:procurementhelp@doas.ga.gov

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 3 of 55

STATEMENT OF "NO BID"

Complete and return this form immediately if you do not intend to Bid:

Email: BidOpportunities@ColumbusGA.org Attn: Xen Ruffin, Buyer Mail: Columbus Consolidated Government Purchasing Division P O Box 1340 Columbus, GA 31902-1340

We, the undersigned decline to bid on your RFB No. 25-0002 for Steel Trash Receptacles (Annual Contract) for the following reason(s):

Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below) There is insufficient time to respond to the Request for Bids.

We do not offer this product or service.

We are unable to meet specifications.

We are unable to meet bond requirements.

Specifications are unclear (explain below).

We are unable to meet insurance requirements.

Other (specify below)

Comments:

COMPANY NAME:

AGENT:

DATE:

EMAIL:

mailto:BidOpportunities@ColumbusGA.org

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 4 of 55

GENERAL PROVISIONS

THESE GENERAL PROVISIONS SHALL BE DEEMED AS PART OF THE BID SPECIFICATIONS.

The provisions of the Procurement Ordinance for the Consolidated Government of Columbus, Georgia as adopted and amended by Council shall apply to all invitations for bids and award of all contracts and is specifically incorporated herein by this reference. A copy of the ordinance is on file in the Purchasing Division.

1. TERM “CITY”. The term “City” as used throughout these documents will mean Consolidated Government of Columbus, Georgia.

2. PREPARATION OF FORM. Bid proposals shall be submitted on the forms provided by the City. All figures must be written in ink or typewritten. Figures written in pencil or erasures are not acceptable. However, mistakes may be crossed out, corrections inserted adjacent thereto, initialed in ink by the person signing the proposal. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Failure to properly sign forms, in ink, will render bid incomplete.

3. EXECUTION OF THE BID PROPOSAL. Execution of the bid proposal will indicate the bidder is familiar and in compliance with all local laws, regulations, ordinances, site inspections, licenses, dray tags, etc.

4. BID DUE DATE. The bid submission must arrive in the Purchasing Division on or before the stated due date and time. Upon receipt, bids will be time and date stamped. Bids will remain sealed and secured until the stated due date and time for the bid opening.

5. BID OPENING. Bids shall be opened publicly in the presence of one or more witnesses at the time and place stated in the public notice. The amount of each bid, the bidder's name and such other relevant information as the Purchasing Manager deems appropriate shall be recorded and retained in accordance with Georgia law. The record and each bid shall be open to the public in accordance with Article 3. 301A of the Procurement Ordinance (Public Access to Procurement Information).

6. LATE BIDS. It is the responsibility of the bidder to ensure bids are submitted by the specified due date and time. Bids received after the stated date and time will be returned, unopened, to the bidder. The official clock to determine the date and time will be the time/date stamp located in the Finance Department. All bids received will be time and date stamped by the official clock. The City will not be held responsible for the late delivery of bids due to the U.S. Mail Service, or any other courier service.

7. RECEIPT OF ONE SEALED BID. In the event only one sealed bid is received, no formal bid opening shall take place. First, the Purchasing Division shall conduct a survey of vendors to inquire of “no bid” responses and non-responsive vendors. If, from the survey, it is determined by the Purchasing Division that specifications need revision, the one bid received will be returned, unopened, to the responding vendor, with a letter of explanation and a new bid solicitation prepared. If it is determined that other vendors need to be contacted, the bid due date will be extended, and the one bid received will remain sealed until the new bid opening date. The vendor submitting the single bid will receive a letter of explanation.

If it is determined the one bid received is from the only responsive, responsible bidder, then the bid shall be opened by the Purchasing Division Manager or designee, in the presence of at least one other witness. The single bid will be evaluated by the using agency for award recommendation.

8. RECEIPT OF TIE BIDS. In the event multiple responsive, responsible bidders are tied for the lowest price and all other terms and requirements are met by all tied bidders, the award recommendation shall be resolved in the order of the preferences listed below:

1. Award to the local bidder whose principal place of business is located in Columbus, Georgia.

2. Award to bidder previously awarded based on favorable prior experience.

3. Award to bidder whose principal place of business is located in the State of Georgia.

4. If feasible, divide the award equally among the bidders.

5. If it is not feasible to award equally and only two bidders are tied, perform a coin toss in the presence of the two bidders, either in person or virtually.

6. If the above preferences are insufficient to resolve the tie, all bid responses will be rejected and the bid will be re-advertised.

9. RECEIPT OF MULTIPLE BIDS. Unless otherwise stated in the bid specifications, the City will accept one and only one bid per vendor. Any unsolicited multiple bid(s) will not be considered. If prior to the bid opening, more than one bid is received from the same vendor, the following will occur: (1) the bidder will be contacted and required to submit written acknowledgment of the bid to be considered; (2) the additional bid(s) will be returned to the bidder unopened. If at the bid opening more than one bid is enclosed in a single bid package, the City will consider the vendor non-responsive and bids will be returned to the bidder.

10. CONDITIONS AND PACKAGING. Unless otherwise defined in the bid specifications, it is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

11. FREIGHT/SHIPPING/HANDLING CHARGES. All freight, shipping, and handling charges shall be included in the bid price. The City will pay no additional charges.

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12. CORRECTION OR WITHDRAWAL OF BIDS; CANCELLATION OF AWARDS

Correction or withdrawal of inadvertently erroneous bids before bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the Purchasing Division.

After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted.

In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident, or if the bidder submits evidence which clearly and convincingly demonstrate that a mistake was made.

All decisions to permit correction or withdrawal of bids or to cancel awards of contracts based on bid mistakes will be supported by the Purchasing Manager's written determination.

13. ADDENDA AND INTERPRETATIONS. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. The City is not bound by any oral representations, clarifications, or changes made to the written specifications by City employees, unless such clarification or change is provided to the bidders in written addendum form from the Purchasing Officer. Bidders will be required to acknowledge receipt of the addenda (if applicable) in their sealed bid proposal. The vendor may provide an initialed copy of each addendum or initial the appropriate area on the bid form (pricing page). Failure to acknowledge receipt of the addenda (when applicable) will render bid incomplete. It is the bidder’s responsibility to ensure that they have received all addenda.

14. BID RECEIPT AND EVALUATION. Bids shall be unconditionally received without alteration or correction except as authorized in the City's Procurement Ordinance. Bids shall be evaluated based on requirements set forth in the Invitation for Bid, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose.

Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation cost, and total or life-cycle costs. The specifications presented in the Invitation for Bids shall represent the evaluation criteria. No other criteria may be used to evaluate bids.

15. TIME FOR CONSIDERATION. Bids must remain in effect for at least sixty (60) days after date of receipt to allow for evaluation.

16. BID SECURITY

(1) Requirement for Bid Security. Bid security shall be required for all competitive sealed bids for construction contracts when the price is estimated by the Purchasing Manager to exceed $25,000. Bid security shall be a bond provided by a surety company authorized to do business in the State, or other form satisfactory to the City. Such bonds may also be required on construction contracts under $25,000 or other procurement contracts when circumstances warrant.

(2) Amount of Bid Security. Bid security shall be in an amount equal to at least five percent (5%) of the bid amount.

(3) Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for Bids requires security, noncompliance with such requirement shall force rejection of a bid.

(4) Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in Section 3-108 Subsection (G) (Competitive Sealed Bidding – Correction or Withdrawal of Bids: Cancellation of Awards), no action shall be had against the bidder or the bid security.

17. CONTRACT PERFORMANCE AND PAYMENT BONDS

(1) When Required: Amounts. When a construction contract is awarded in excess of $25,000, the following bonds or security shall be delivered to the City, and shall be binding on the parties upon the execution of the contract:

a. a performance bond satisfactory to the City executed by a surely company authorized to do business in the State, or otherwise secured in a manner satisfactory to the City, amounting to one hundred percent (100%) of the price specified in the contract; and

b. a payment bond satisfactory to the City executed by a surety company authorized to do business in the State or otherwise secured in a manner satisfactory to the City, to protect all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract, amounting to one hundred percent (100%) of the price specified in the contract.

At the discretion of the Purchasing Manager, this same condition may be placed on awards of any amount.

(2) Authority to Require Additional Bonds. Nothing in this Section shall be construed to limit the authority of the City to require a performance bond or other security in addition to the bonds, in circumstances other than the circumstances described in Subsection

(1) above.

18. SUBCONTRACTING. Should bidder intend to subcontract all or any part of the work specified, name(s) and address(es) of sub-contractor(s) must be provided in bid proposal (use additional sheet if necessary). The bidder shall be responsible for subcontractor(s) full compliance with the requirements of the bid specifications. THE COLUMBUS CONSOLIDATED GOVERNMENT WILL NOT BE

RESPONSIBLE FOR PAYMENTS TO SUBCONTRACTORS.

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19. DISQUALIFICATION OF BIDDERS AND REJECTION OF BIDS. Bidders may be disqualified and rejection of bid proposals may be recommended by the City for any (but not limited) to the following reasons:

(A) Receipt after the time limit for receiving bid proposals as stated in the bid invitation.

(B) Any irregularities contrary to the General Provisions or bid specifications.

(C) Unbalanced unit price or extensions.

(D) Unbalanced value of items.

(E) Failure to use the proper forms furnished by the Consolidated Government.

(F) Failure to complete the proposal properly

(G) Omission of warranty, product literature, samples, acknowledgment of addenda or other items required to be included with bid proposal.

(H) Failure to properly sign forms in ink.

The City reserves the right to waive any minor informality or irregularity. The City reserves the right to reject any and all bids.

20. BRAND NAMES “OR EQUAL”. Whenever in this invitation any particular material, process and/or equipment are indicated or specified by patent, proprietary or brand name of manufacturer, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired by the City. It is not meant to eliminate bidders or restrict competition in any bid process. Any manufacturers’ names, drawings, trade names, brand names, specifications and/or catalog numbers used herein are for the purpose of description and establishing general quality levels. Bidders may propose equivalent equipment, services or manufacturer. Any proposal that is equivalent to or surpasses stated specifications will be considered. Determination of equivalency shall rest solely with the City. Please Note: Due to existing equipment, specific manufacturers may be required to facilitate compatibility.

21. ASSIGNMENT OF CONTRACTUAL RIGHTS. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous consent of the City and any sureties.

22. DISCOUNTS. Terms of payments offered will be reflected in the space provided on the bid proposal form. Cash discounts will be considered net in the bid evaluation process. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of the invoice, whichever is later.

23. TAXES. The City is exempt from State Retail Tax and Federal Excise Tax. Tax Exemption No. GA Code Sec. 48-8-3. Federal ID No. 58-1097948.

24. FEDERAL, STATE AND LOCAL LAWS. All bidders will comply with all Federal, State, and Local laws and ordinances, relative to conducting business in Columbus, Georgia.

25. BID INCLUSIONS. When bid inclusions are required, such as warranty information, product literature/specifications, references, etc. The inclusions should reference all aspects of the specific equipment or service proposed by the bidder. Do not include general descriptive catalogs. References to literature or other required inclusions submitted previously does not satisfy this provision. Bids found to be in non-compliance with these requirements will be subject to rejection.

26. NON-COLLUSION. By signing and submitting this bid, bidder declares that its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the City’s bid list for one full year and any current orders will be canceled.

27. INDEMNITY. The Contractor covenants to save, defend, hold harmless, and indemnify the City, and all of its officers, departments, agencies, agents, and employees (collectively the "City") from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s intentional, negligent, or grossly negligent acts or omissions in performance or nonperformance of its work called for by the Contract Documents.

28. DISADVANTAGED BUSINESS ENTERPRISE. Disadvantaged Business Enterprises (minority or women owned businesses) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, sexual orientation, gender identity or national origin in consideration for an award. It is the policy of the City that disadvantaged business enterprises and minority business enterprises have an opportunity to participate at all levels of contracting in the performance of City contracts to the extent practical and consistent with the efficient performance of the contract.

29. AFFIRMATIVE ACTION PROGRAM - NON-DISCRIMINATION CLAUSE. The Consolidated Government of Columbus, Georgia (“the City”) is committed to using Disadvantaged Business Enterprises (DBEs) (small, women-owned and minority business enterprises) to the greatest extent practical in all solicitations and day-to-day procurement needs of the City and to taking specific affirmative actions to meet these commitments.

The City has an Affirmative Action Program in connection with Equal Employment Opportunities. The successful bidder will comply with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, and will not discriminate between or among them by reason of race, color, age, religion, sex, sexual orientation, gender identity, national origin or physical handicap.

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30. AWARDS TO LOCAL BUSINESSES. Except for construction contracts, Federally funded projects, Request for Proposals and Request for Qualifications, awards will be made to responsive and responsible local businesses proposing a cost not more than two percent (2%) above the low bid or quote for contracts involving an expenditure less than or equal to $25,000.00; and made to responsive and responsible local businesses proposing a cost not more than one percent (1%) above the low bid or quote for contracts involving an expenditure greater than $25,000.00.

31. RIGHT TO PROTEST.

(1) Right of Protest. Any actual or prospective bidder offeror, or contractor who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Manager initially. All protests shall be filed in the manner prescribed herein.

Protests that do not comply with the following rules shall be deemed invalid and of no effect.

(2) The protest must be in writing, executed by a company officer that is authorized to execute agreements on behalf of the bidder or offeror or provided by an authorized legal representative of the protestor.

(3) A protest with respect to an invitation for Bids or Request for Proposals shall be submitted in writing no less than five (5) business days prior to the opening of bids or the closing date of proposals or qualification statements.

(4) Stay of Procurement During Protests. If there is a timely protest submitted as described above, the Purchasing Manager shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the City Council, Mayor, or City Manager makes a determination on the record that the award of the contract without delay is necessary to protect substantial interests of the City.

32. FAILURE TO BID. Vendors choosing not to submit a bid are requested to return a Statement of “No Bid”.

33. PRODUCT/EQUIPMENT DEMONSTRATION - SITE VISIT. During the evaluation of bids, the City reserves the right to request a demonstration or site visit of the product, equipment or service offered by a bidder. The demonstration or site visit shall be at the expense of the bidder. Bidders who fail to provide demonstration or site visit, as requested, will be considered non-responsive.

34. CANCELLATION PROVISIONS. An Invitation for Bid, Request for Proposal, or other solicitation may be canceled, or any or all bids, proposals or responses rejected in whole or in part, at the discretion of the City for any reason whatsoever. The reasons for the cancellation shall be sent to all businesses solicited or that responded. The notice shall identify the solicitation, give the reasons for the cancellation, and when appropriate state that an opportunity will be given to compete on any re-solicitation or similar procurement in the future. Reasons for rejection will be provided to unsuccessful bidders or offerors.

When such action is in the best financial interest of the City, contracts for supplies to be purchased or services to be rendered under an annual (term) contract basis may be canceled and re-advertised at the discretion of the Purchasing Officer and in accordance with contract terms.

After the receipt of a product or piece of equipment, it is found that said item does not perform as specified and required, payment for said product or equipment will be withheld. The successful vendor will be notified of the non-performance in writing. After notification, the successful vendor will have ten (10) calendar days, from the date of notification, to deliver product or equipment which performs satisfactorily. If a satisfactory product is not delivered within 10 calendar days, from the notification date, the City will cancel the contract (purchase order) and award to the next low, responsive, responsible bidder. The vendor will be responsible for the pick-up or shipment of the unsatisfactory equipment or product.

35. QUESTIONS: Questions concerning specifications must be submitted, in writing, at least 5 (five) working days (Monday-Friday) prior to receipt date. Questions received less than five working days prior to receipt date will not be considered.

36. SAMPLES: When samples are required to be included with the proposal response, the bidder will be responsible for the following:

1) Unless otherwise specified, bidders are required to submit exact samples of item(s) bid. Do not submit sample of “like” item(s).

2) Affix an identification label to each individual sample to include bidder’s name, bid name and number.

3) Make arrangements for the return of sample after the bid award. All shipping costs will be the responsibility of the bidder. If bidder does not make arrangements for return of sample, within 60 days after award, the sample will be discarded.

37. GOVERNING LAW: The parties agree that this Agreement shall be governed by the laws of Georgia, both as to interpretations and performance.

38. PAYMENT DEDUCTIONS: The City reserves the right to deduct, from payments to awarded vendor(s), any amount owed to the City for various fees, to include, but not limited to: False Alarm fees, Ambulance fees, Occupation License Fees, Landfill fees, etc.

39. PAYMENT TERMS: The City's standard payment term is usually net 30 days, after successful receipt of goods or services.

Payment may take longer if invoice is not properly documented or not easily identifiable, goods/services are not acceptable, or invoice is in dispute.

40. FINAL CONTRACT DOCUMENTS: If a formal contract is required as a result of the Request for Bid; the final contract shall include the following: 1) The RFB; 2) Addenda; 3) Awarded Vendors(s) Bid response; 4) Awarded Vendor(s) Clarifications; and 5) Awarded Vendor(s) Business Requirements.

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NOTICE TO VENDORS

Sec. 2-3.05. - Submitting bids to Consolidated Government, etc.—By mayor or councilmembers.

Neither the mayor nor any member of the Columbus Council shall submit any bid to the consolidated government, nor shall the mayor or any member of the Columbus Council own or have a substantial pecuniary interest in any business that submits a bid to the consolidated government. (Ord. No. 92-60, 6-23-92)

Sec. 2-3.06. - Same—By members of boards, authorities, commissions.

No member of any board or authority or commission or other independent or subordinate entity of the consolidated government shall submit any bid to the consolidated government or have a substantial pecuniary interest in any business that submits a bid to the consolidated government if such bid pertains to the board or authority or commission on which such person holds such membership. (Ord. No. 92-61, 6-23-92)

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DO YOU HAVE QUESTIONS, CONCERNS OR NEED

CLARIFICATION ABOUT THIS SOLICITATION?

COMMUNICATION CONCERNING ANY SOLICITATION CURRENTLY

ADVERTISED MUST TAKE PLACE IN WRITTEN FORM AND ADDRESSED TO THE

PURCHASING DIVISION.

ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION SHALL BE

SUBMITTED IN WRITING. THE CITY WILL NOT ORALLY OR TELEPHONICALLY

ADDRESS ANY QUESTION OR CLARIFICATION REGARDING BID/PROPOSAL

SPECIFICATIONS. IF A VENDOR VISITS OR CALLS THE PURCHASING DIVISION WITH

SUCH QUESTIONS, HE OR SHE WILL BE INSTRUCTED TO SUBMIT THE QUESTIONS

IN WRITING.

ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE THROUGH THE

PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT CITY EMPLOYEES,

DEPARTMENT HEADS, USING AGENCIES, EVALUATION COMMITTEE MEMBERS OR

ELECTED OFFICIALS WITH QUESTIONS OR ANY OTHER CONCERNS ABOUT THE

SOLICITATION. QUESTIONS, CLARIFICATIONS, OR CONCERNS SHALL BE

SUBMITTED TO THE PURCHASING DIVISION IN WRITING. IF IT IS NECESSARY THAT

A TECHNICAL QUESTION NEEDS ADDRESSING, THE PURCHASING DIVISION WILL

FORWARD SUCH TO THE USING AGENCY, WHO WILL SUBMIT A WRITTEN RESPONSE.

THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE

RESPECTIVE BIDDER OR IF IT BECOMES NECESSARY TO REVISE ANY PART OF THIS

SOLICITATION, A WRITTEN ADDENDUM WILL BE ISSUED TO ALL BIDDERS.

THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS, CLARIFICATIONS, OR

CHANGES MADE TO THE WRITTEN SPECIFICATIONS BY CITY EMPLOYEES, UNLESS

SUCH CLARIFICATION OR CHANGE IS PROVIDED TO THE BIDDERS IN A WRITTEN

ADDENDUM FROM THE PURCHASING MANAGER.

BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED “QUESTION/CLARIFICATION

FORM” TO FAX OR EMAIL QUESTION.

ANY REQUEST, AFTER A SOLICITATION HAS CLOSED AND PENDING AWARD, MUST

ALSO BE SUBMITTED IN WRITING TO THE PURCHASING DIVISION.

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 10 of 55

QUESTION/CLARIFICATION FORM

DATE:

TO: Xen Ruffin, Buyer

Email BidOpportunities@ColumbusGA.org

RE: Steel Trash Receptacles (Annual Contract) – RFB No. 25-0002

Questions/clarification requests must be submitted at least five business days before the due date:

From:

Company Name Website

Representative Email Address

Complete Address City State Zip

Telephone Number Fax Number

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 11 of 55

GENERAL SPECIFICATIONS

Steel Trash Receptacles (Annual Contract)

I. SCOPE

Provide steel, 32-gallon trash receptacles to METRA Transit System on an as-needed basis. The quantities specified herein are based on estimated usage. The City reserves the right to purchase some, all, more, or none of the items contained within these specifications.

Refer to page 15, General Instructions, for additional information

II. FEDERAL/STATE/LOCAL GOVERNMENT PROVISIONS

By submitting a Bid, the Bidder implicitly agrees that federal, state, and local rules, regulations, and statutes will be part of the Bid Award and any contract executed as a result of this solicitation. These include, but are not limited to, the General Statutes of the State of Georgia, the federal requirements contained in the latest Federal Transit Administration (hereinafter called the “FTA”) Master Agreement, dated May 2, 2024, as amended, including any certifications and contractual provisions required by any federal statues or regulations referenced therein. Other federal procurement requirements in FTA

Circular 4220.1F as amended are also included.

Similarly, the City’s Purchasing Ordinance, insofar as they apply to purchasing and competitive bidding, are made a part hereof.

III. FEDERAL CONTRACT CLAUSES

The purchase of this equipment is partially funded by the Federal Transit Administration (FTA) and the

Georgia Department of Transportation (GDOT). In accordance with requirements of the agencies, vendors must read and initial pages 25-42 and include the initialed pages with sealed bid. Failure to include the initialed pages may render your bid “Incomplete”.

IV. TERM OF CONTRACT:

A. The term of the contract shall be for three (3) years. The City will allow for negotiating the bid price if such things as EPA, FTA or regulatory legislative guidelines are changed and bus manufacturers are required to adhere to the new regulations.

It should be noted that multi-year contracts will continue each fiscal year only after funding appropriations and program approval has been granted by the Council of the Consolidated Government of Columbus, Georgia, and Federal and State DOT contracts are awarded. In the event that the necessary funding is not approved, then the affected multi-year contract becomes null and void, effective July 1st of the fiscal year for which such approval has been denied.

B. Contract Changes

The awarded Contractor may request a price escalation and other contract changes by submitting a fully documented request in accordance with Section 5.1 Contract Changes and Section 5.2.8 Burden of

Proof, per the Best Practices Procurement & Lessons Learned Manual of the Federal Transit

Administration (FTA). The request shall be submitted to Columbus Consolidated Government via email to BidOpportunities@ColumbusGA.org. The Purchasing Division and METRA Transit System will review the request and shall approve or disapprove price escalations based on budget constraints and cost/price analysis. Other changes will be approved or disapproved based on research by METRA https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transit.dot.gov%2Fsites%2Ffta.dot.gov%2Ffiles%2Fdocs%2Ffunding%2Fprocurement%2F8286%2Ffta-best-practices-procurement-and-lessons-learned-manual-2016.pdf&data=05%7C01%7CSChandler%40columbusga.org%7C8bc0ebb199f0476c18e008da9b05c1a7%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637992746278876259%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=SlF00AiHRvBJHqpK0clIcWoUGVieSTWG4Kh4CIaerdk%3D&reserved=0

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 12 of 55

Transit System. If approved, the Purchasing Division will provide a contract modification form (see

Exhibit A) for the awarded Contractor to sign; a digital copy of the executed form will be emailed to the awarded Contractor. If disapproved, METRA Transit System reserves the right to cancel the contract and readvertise the solicitation. The Purchasing Division shall inform the awarded Contractor of the findings, in writing.

C. Termination for Convenience

For the protection of both parties, either party giving 30 days prior notice in writing to the other party may cancel this contract.

V. BRAND NAMES

It is not the intent of Columbus Consolidated Government (City) to restrict competition in any purchasing process. Any manufacturer’s names, drawings, trade names, brand names, information and/or catalog numbers used herein are for purpose of description and establishing general quality levels. Such references are not intended to be restrictive; any equivalent products of any manufacturer may be offered.

Any bid that is equivalent to or surpasses these specifications will be considered. Determination of equivalency shall rest solely with the City.

VI. QUESTIONS / ADDENDA

Questions and requests for clarification must be submitted within five (5) business days of the due date

(see pages 9 & 10). Changes to the specifications (if any) will be provided in the form of an addendum, which will be posted on the web page of the Finance Department/Purchasing Division of Columbus

Consolidated Government at https://www.columbusga.gov/finance-2/bid-opportunities

It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a quote.

VII. BID SUBMISSION REQUIREMENTS: Responses must be submitted via DemandStar. See

Appendix A for Submission Requirements, Submission Requirements Checklist, and DemandStar

Registration and Submission Instructions.

Each bidder shall include the following documents via DemandStar. With the exception of the “Communications Concerning This Solicitation” and Conflict of Interest Affidavit, the City reserves the right to request any omitted information, which does not affect the submitted bid price. Bidders shall be notified, in writing, and shall have two (2) days, after notification to submit the omitted information. If the omitted information is not received within two (2) days, the Bidder shall be deemed non-responsive and the Bid Submission will be deemed “Incomplete”.

1. Bidder Response to Detailed Specification (Form 1)

2. Bid Form (Pricing Page) (Form 2a & 2b)

3. Communication Concerning This Solicitation (Form 3).

4. Conflict of Interest Affidavit (Form 4).

5. Federal Compliance: (Form 5).

6. Addenda Acknowledgement: (Form 6).

7. Contract Signature Page: (Form 7).

8. Federal Contract Clauses: (Pages 25-42).

9. Product Literature: Provide descriptive literature for proposed product.

10. Warranty Information: Provide manufacturer’s warranty, printed on manufacturer’s letterhead.

11. Business License: Submit a copy of the Business License (Occupation License) that is required to conduct business at your location. If the business location is not in Georgia, vendor must provide a current copy of their active Articles of Incorporation from the State and/or a current business license from the City/State in which business is located. If awarded the contract, the successful vendor must obtain a business license from the City of Columbus. However, If the business is not located in Muscogee County and has proof of being properly https://www.columbusga.gov/finance-2/bid-opportunities

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 13 of 55 licensed by a municipality in Georgia, and paid applicable occupation taxes in that city, the vendor will not be required to pay occupation taxes in Columbus, Georgia.

If you have questions regarding this requirement, please contact the Revenue Division at 706-225-3780.

12. W-9 Form: Complete and return Page 1 of the Form W-9 ( https://www.irs.gov/pub/irs-pdf/fw9.pdf )

Note: After award of contract by Columbus Council, the successful bidder will be notified to provide an identical hard copy of their submitted bid, with original signatures. The awarded bidder will receive a digital copy of the executed contract.

VIII. AWARD/DELIVERY/INVOICE

A. Award: This bid will be awarded by line item or in total. Columbus Consolidated Government (the City) will be the judge of the factors and will make the award in the best interest of the City. Should the successful bidder not be able to supply the awarded items, the City reserves the right to procure from other sources.

B. Orders: After contract award, the successful vendor (s) shall receive orders on an “as needed” basis by purchase order. It is the vendor’s responsibility to notify the City, at the time an order is placed, if delivery cannot be met in the specified time.

C. Delivery: All shipping, delivery, handling, and/or freight charges shall be included in the unit prices.

Columbus Consolidated Government will pay no additional shipping, delivery, handling, or freight charges, nor any other additional fees. The successful bidder shall be able to deliver orders within 14 days after receipt of purchase order. Deliveries shall be made to the following address:

METRA Transit System

814 Linwood Boulevard

Columbus, Georgia 31902

D. Invoices: The successful bidder shall submit invoices to the City for all services. Said invoices shall reference the purchase order number and/or RFB No. 25-0002. Failure to reference one or both numbers may delay payment of the invoice. Mail all invoices to:

Columbus Consolidated Government

Accounting Division

P O Box 1340

Columbus, GA 31902-1340

XI. TERMINATION OF CONTRACT

A. Default: If the contractor refuses or fails to perform any of the provision of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the Purchasing

Division Director may notify the contractor in writing of the delay or non-performance and if not cured within ten

(10) days or any longer time specified in writing by the Purchasing Division Director, such director may terminate the contractor's right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform.

In the event of termination in whole or in part the Purchasing Division Director may procure similar supplies or services, from other sources, in a manner and upon terms deeded appropriate by the Purchasing Division Director.

The contractor shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services.

B. Compensation: Payment for completed supplies delivered and accepted by the City shall be at the contract price. The City may withhold from amounts due the contractor such sums as the Purchasing Division Director https://www.irs.gov/pub/irs-pdf/fw9.pdf

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 14 of 55 deem necessary to protect the City against loss because of outstanding liens or claims of former lien holders and to reimburse the City for the excess costs incurred in procuring similar goods and services.

C. Excuses for Nonperformance or Delayed Performances: Except with respect to defaults of subcontractors, the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms, if the contractor has notified the Purchasing Division Director within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of public enemy; acts of the City and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the contractor shall not be deeded in default, unless the supplies or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the contractor to meet the contract requirements.

Upon request of the contractor, the Purchasing Division Director shall ascertain the facts and extent of such failure, and, if such director determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the contractor's progress and performance would have met the terms of the contact, the delivery schedule shall be revised accordingly.

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 15 of 55

GENERAL INSTRUCTIONS

These specifications are intended to provide for and require a complete finished job as described, ready for service and of durable construction in all respects. Bidders should notify the City if any item that is clearly necessary to complete the work has been omitted from the specifications (or if any item has been inappropriately specified), and should propose suitable corrections for the City to consider.

All units or parts not specified shall be standard units or parts, conforming to the highest material, design, and work-quality standards known. All parts shall be new; used, reconditioned, or obsolete parts are unacceptable.

Design of parts and equipment shall maximize interchangeability among all units.

All work shall conform to the highest standard of accepted commercial practice in its class, and shall result in a neat and finished appearance. All exposed surfaces and edges shall be smooth and free from burrs and other projections.

Wherever brand name materials, components, and or equipment are mentioned in these specifications, the phrase

"or approved equal" shall be understood to follow; bidders must receive written approval for any proposed substitution(s) before they submit their bids regardless of the use of brand names, bidders are responsible for satisfying performance, warranty, and other contractual requirements in these specifications.

The contractor is responsible for materials and equipment used, whether made by it or purchased under subcontract from outside sources, and shall not delegate responsibility to suppliers or other sources under any conditions.

Bids shall state the terms of payment offered, and shall remain in effect for at least thirty (30) days after the bid opening. Bids shall also state the earliest possible completion schedule, no later than thirty (30) days after receipt of a purchase order from the City. Bid prices shall be FOB the site designated by the City, delivered and installed.

The City is exempt from payment of Federal, state, and local taxes; such taxes must not be included in bids. The

City will furnish copies of tax-exemption certificates as needed.

In determining the successful bidder, the City shall consider;

- price (payment terms of net 30 days after acceptance);

- financial responsibility;

- responsiveness to contractual and technical specifications;

- suitability of the equipment offered for local use; and

- the City's past experience.

Requests for approved equals and clarifications or protest of the specifications must be received by the City in writing at least five (5) days before the bid opening date. Requests for approved equals or protest of the specifications must be fully supported with technical data, test results, or other pertinent information to show the substitute or change offered is equal to or better than the specifications equipment. When approved equals are requested for any item required in the specifications to be tested, test results must be submitted for the substitute offered.

The City's replies to timely requests for approved equals and clarifications or protest of the specifications will be postmarked at least five (5) days before the bid opening date. Specification changes will be made by addendum.

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Appeal of the City's decisions by the bidder (or an adversely affected potential subcontractor) must be received by FTA in writing at least three (3) days before the bid opening date. The City must receive written notice at the same time, indicating the nature of the appeal. The City will send FTA a copy of all earlier correspondence on the subjects covered by the appeal. In deciding appeals, FTA will consider only the documentation developed in negotiations between the City and the bidder and information obtained by specific requests to the City, the bidder, or other third party.

When it receives notice that an appeal has been submitted to FTA, the City will contact the appropriate FTA officials immediately to determine if bid opening should be postponed. If bid opening is postponed, the City will send a notice to all persons and firms who were given a copy of the specifications to say that an appeal has been filed and that bid opening is postponed until FTA has issued its decision. An appeal to FTA may be withdrawn at any item before FTA has issued its decision. FTA's decision on any appeal will be final; no further appeals will be considered by FTA. Bid opening will be rescheduled by appropriate addenda. The City may postpone bid opening for its own convenience.

Propose changes or revisions to the contract awarded from this Invitation for Bids must be submitted to the City for its consideration and written approval before taking effect.

RFB No. 25-0002 Steel Trash Receptacles (Annual Contract) Page 17 of 55

FORM 1

RESPONSE TO DETAILED SPECIFICATIONS

DESCRIPTION RESPONSE

A. 32-Gallon YES____ NO ____

B. Freestanding with lid (no liner, no mount) YES____ NO ____

C. Approximately 23¼ " diameter, 30" height (Max) YES____ NO ____

D. Commercial grade, heavy-duty 12-gauge steel, perforated is preferred.

However, Metra will consider an 11-gauge steel receptacle assuming all other specifications are met.

YES____ NO ____

E. Black, impact resistant and UV-stabilized thermoplastic finish YES____ NO ____

F. Equipment fully warranted against any defective material and workmanship for twelve (12) months from date of…