RFP 26-012 Commercial Solid Waste _ Recycling Final.pdf

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RFP 26-012

Request for Proposals

Commercial Solid Waste and Recycling Collection Services

Proposals Due:

Friday, December 5, 2025 – 10:00 AM

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Table of Contents

I. Invitation to Service Providers II. Background III. Instructions to Service Providers IV. Schedule for RFP 26-012 V. Introduction VI. Scope of Services VIII. Fee Schedule IX. Technical and Fee Proposal Requirements X. Approach XI. Company Experience and Capabilities XII. General Conditions XIII. Changes in the Contract XIV. Responsibilities of the Service Provider XV. Representation XVI. Required Forms

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Commercial Solid Waste & Recycling Collection Services

I. Invitation to Service Providers The City of Smyrna (the City) will receive electronic technical and fee proposals before 10:00 AM on Friday, December 5, 2025, for Commercial Solid Waste & Recycling Collection Services which are described in the schedules attached. The City invites service providers to submit proposals responsive to the specific requirements set forth in this request for proposals (RFP).

The City of Smyrna uses an e-procurement system for electronic solicitation through BidNet Direct and the proposal documents are available on BidNet’s Georgia Purchasing Group website via the City of Smyrna Purchasing Department’s Web Portal for Sealed Bids at https://www.bidnetdirect.com/georgia/cityofsmyrna.

The primary contact for this RFP is Kelly Brown, Purchasing Manager for City of Smyrna and is the only contact representing the City for this RFP.

There will be a mandatory pre-bid conference held at 10:00 AM on Tuesday, November 18, 2025, in the Human Resources Conference Room on the first floor of City Hall, 2800 King Street SE, Smyrna, GA 30080. No proposal will be accepted from any provider not represented at this mandatory meeting.

Any questions and/or specifications that may need clarification should be submitted in writing and submitted electronically to kbrown@smyrnaga.gov by 5:00 PM on Friday, November 21, 2025. It shall be the Service Provider’s responsibility to seek clarification as early as possible prior to the opening of Proposals.

Proposals must be valid for one hundred twenty (120) days following the opening date.

Contract start date is March 1, 2026.

The Service Providers’ response shall include a technical proposal and fee proposal with all other information requested in this Request for Proposal (RFP).

The City may request additional information from suppliers, including a presentation if needed, to clarify elements of their proposals. The City also reserves the right to make independent investigations as to the qualification of each Bidder, including contacting existing customers or site visits to existing operations.

The City reserves the right to reject any or all proposals, waive technicalities and make the award in the best interest of the city.

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II. Background Commercial waste and recycling collection within the City is a contracted service and billed by the Service Provider. There are 113 parcels that include approximately 762 commercial customers and 71 roll-off/compactor customers within the City, which includes City facilities, businesses, condominium, and apartment communities.

III. Instructions to Service Providers

A. Intent It is intended that the Instructions to Service Providers, General Conditions and Detailed Schedules/Specifications shall define and describe the complete services to which they relate.

B. Examination The Service Provider is advised to examine all documents and current parameters of the services in becoming fully informed as to their conditions. This includes the conformity with specific standards and the character, quality and quantity of the reports and services provided. Failure to examine these areas will not relieve the successful Service Provider of the obligation to furnish all products and services necessary to carry out the provisions of the contract.

C. Determination of Successful Service Provider Any award will be given to the responsive and responsible Service Provider whose proposal is most advantageous to the city, taking into consideration the factors set forth in this RFP.

D. Responsiveness The City will consider the degree to which each Service Provider has submitted a complete Technical and Fee Proposal without irregularities, excisions, special conditions, or alternative proposals for any item unless specifically requested in the RFP.

E. Instructions for Proposal The Service Provider will submit one (1) technical proposal and one (1) fee proposal on the BidNet Direct e-procurement system. Proposals must be in strict compliance with this Request for Proposal. Failure to comply with all provisions of the RFP or to provide complete responses to all options may result in disqualification.

F. Submission of Proposals All proposals are to be submitted electronically on BidNet Direct before 10:00 AM on Friday, December 5, 2025.

IV. Schedule for RFP 26-012

Advertise RFP Friday, 10/31/2025

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Mandatory Pre-Bid Conference 10:00 AM, Tuesday, 11/18/2025

Submission of questions via email 5:00 PM, Friday, 11/21/2025

Questions & answers posted online Tuesday, 11/25/2025

Proposals due 10:00 AM, Friday, 12/5/2025

V. Introduction

A. General:

The City is advertising for qualified Service Providers to provide Solid Waste Collection and Recycling Services for Commercial customers within the City of Smyrna.

B. Scope of Work:

The RFP is to secure Dumpster (front end load or roll off) and Compactor services for City facilities, parks and special City sponsored solid waste collection events.

Additionally, the City is issuing this RFP to secure Front End Load Containers, Roll Off Dumpster and Compactor services for all commercial accounts within the City Limits.

C. Term of Contract:

The Commercial Service agreement, shall be for five (5) years, reviewed annually. The Agreement shall be automatically renewed yearly, unless either party provides notice of non-renewal 120 days prior to end of term. Pursuant to the terms of this Agreement, both the Service Provider and the City shall have the right to terminate this Agreement at the end of the one (1) year term or end of any renewal term.

The successful Service Provider will not imply that the provision to extend the initial term of the contract is an obligation of the City or future Councils to renew the contract.

D. Use of Subcontractors:

If one or more subcontractors are to be used, the subcontractor must be clearly identified and noted in the proposal when it is submitted. The City must approve any change in the use of subcontractors in advance and in writing. No such approval will be construed as making the City a party to such subcontract or subjecting the City to liability of any kind to any subcontractor. No subcontractor will under any circumstances relieve the Service Provider of its liability and obligation under any resulting contract. Subcontractor is subject to the same contractual conditions as is the Service Provider including all federal, state, and local regulations and ordinances.

E. Addenda to RFP:

The City reserves the right to amend or clarify this RFP by addenda. All addenda issued will become part of the original or modified RFP document. The addenda will be posted on BidNet Direct and the Bids & Proposals page on the City’s web site.

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F. Selection of Successful Service Provider:

The Evaluation Criteria describes the criteria and procedures for evaluating proposals submitted to the City. The City will select the Service Provider that best serves the interests of the City of Smyrna and businesses of the City. The City of Smyrna reserves the right to waive any irregularities or inconsistencies in the submitted proposals and to reject any or all proposals.

G. Cost of RFP Preparation and Negotiation:

Service Providers participating in this procurement process and subsequent negotiations will prepare the RFP and any subsequent materials and submittals at their own expense, with the express understanding that there may be no claims whatsoever for reimbursement from the City or its advisors for the cost associated with this process. The City reserves the right to terminate the proposal proceedings at any time.

H. Disclaimer:

The City and its advisors have, to the best of their knowledge, represented information and data that are current and applicable to this project. The City is providing the information contained herein as a courtesy to the Service Provider. The City and its advisors neither guarantee nor warranty that the information contained in this RFP or referenced documents is accurate and complete. The City and its advisors are not and will not be liable for omissions or errors contained in this RFP. It is the Service Provider's responsibility to use this information and verify the same during the proposal, negotiation, and contract implementation periods through its own due diligence.

I. No Lobbying:

To ensure fair consideration for all prospective bidders throughout the duration of the solicitation process, the City prohibits communication whether direct or indirect, regarding the subject matter of the RFP or specifications by any means whatsoever whether oral of in writing with any elected official or staff member from the issuance of specifications until Mayor and Council makes the award.

Communications initiated by the bidder may be grounds for disqualifying the offending bidder from consideration of award or any future bids. The Purchasing Manager has the authority and right to contact potential bidders as needed in order to meet the goals of the City.

VI. Scope of Services

A. Service Requirements The Service Provider will collect all garbage or C&D Materials (construction & demolition materials) properly placed in front-end load, roll off containers and compactors from Commercial Premises (businesses) on designated collection day. Service Providers are also required to offer subscription/elective recycling services, which shall include single stream or carboard collection, for businesses within the City.

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Mandatory requirements of Service Provider:

The Service Provider will handle all serviced collection containers in a manner that avoids damage to them.

The Service Provider will replace all commercial front-end load or roll off containers back in original location upon service completion. A monetary penalty of $500.00 per day will be enforced per occurrence for violations.

All dumpster enclosure doors will need to be closed after each pick up. A monetary penalty of $250.00 per day will be enforced per occurrence for violations.

The Service Provider will make collections with a minimum of noise and disturbance to the householder between specified hours.

Collection hours are between 7 a.m. and 7 p.m. A monetary penalty of $2,500.00 per day will be enforced per occurrence for violations.

The work will be done in a sanitary manner. The Service Provider’s employees will pick up trash, recyclables or yard trimmings spilled by the Service Provider immediately. All areas where glass has been broken or dropped will be swept clean and glass deposited in the truck. All solid waste hauled by the Service Provider shall be so contained, tied, covered, or enclosed such that leaking, spilling, or blowing are prevented. Any leaking fluids from the trucks of the Service Provider will be cleaned up within 24 hours, and notification must be sent to the City’s staff member in charge of the contract.

B. Holidays Pickup days will not be reduced by holidays but may be rescheduled. Service Provider will advertise to all customers schedule changes of holidays at least 7 days before any observed holidays. The City must approve any schedule changes.

C. Collection Equipment Service Provider will keep all equipment in safe operating condition and in proper repair, in a clean, sanitary, and presentable condition. Vehicles must be painted uniformly with the name of the Service Provider. Any equipment not functioning properly shall be replaced or repaired before returning to operations.

D. Missed Collections and Complaint Handling All complaints shall be made directly to the Service Provider’s identified call / response center and shall be given prompt and courteous attention. The goal is to resolve all issues within 24 hours.

E. Payment to Service Provider The City is interested in proposals for the following options:

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Service Provider to provide billing and payment collection for all business customers and offer a franchise fee to the city

F. Personnel The Service Provider will assign a qualified person or persons to be in charge of its operations within the City and will provide the name, address, email and telephone numbers of such person to the City.

G. Statement of Work All garbage collected will be delivered to a permitted solid waste disposal facility operating in compliance with applicable federal, state, and local laws. The Service Provider will be responsible for ensuring the disposal facility is operating and continues to operate in compliance with all applicable laws and regulations. The Service Provider shall perform the work as outlined in this RFP in a competent, qualified, diligent and efficient manner. The pickup and removal of Hazardous Waste is not included in the Services.

VII. Front-End Load and Roll Off Containers for Commercial Premises

A. Regular Service Provision for Commercial Collection

The Service Provider will offer all commercial premises either front end load, roll off containers, or compactors depending on the need of the respective commercial business.

Service Provider is required to offer front end load containers in sizes 2, 4, 6 and 8 cubic yards and roll off containers in sizes 20, 30 and 40 cubic yards open top or 30, 34, 35, 40 or 42 cubic yards compactor units and must be able to provide up to 7 days per week service, Monday-Sunday dependent on location (such as Market Village area).

The Service Provider will be required to pick up all garbage and commercial trash generated at each business, provided material is placed in an approved commercial collection container.

Any materials set out for collection that are not in an approved commercial container will be left outside of dumpster. The Service Provider will be free to establish routes to achieve the maximum efficiency of operation. The Service Provider will notify the business of the collection schedule at the time service is established. All route changes must be communicated to both the City and Customers ten days in advance of the effective date.

B. City Facilities:

The equipment and service levels shall be provided at no charge to the City. The containers shall be located in the existing dumpster enclosures and shall be emptied at least once per week, 52 weeks each year.

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Location Type Frequency

Brawner Hall, 3180 Atlanta Road 8-yard front load 2

Brinkley Park Ballfield, 1270 Hunter Street 8-yard front load 2

City Hall, 2800 King Street 6-yard front load 1

Cobb Park & Kidscape Village, 2776 Sanford Rd SE 8-yard front load 3

Community Center, 200 Village Green Circle 40 yd compactor Needed Every 2

Weeks

Fire Station 1, 2620 Atlanta Road 8-yard front load 2

Fire Station 2, 642 Concord Road 8-yard front load 1

Fire Station 4, 4595 South Cobb Drive 8-yard front load 3

Fire Station 5, 750 Cooper Lake Road 8-yard front load 1

Fire Station 3 & Jonquil Park, 3000 Park Road 8-yard front load 2

Police Station, 2646 Atlanta Road 8-yard front load 3

Public Works, 2190 Atlanta Road 6-yard front load 1

Recycling Center, 3475 Lake Drive 8-yard front load 1

Tolleson Park, 3515 McCauley Road 8-yard dumpster 3

Tolleson Park-Storage Shed, 3515 McCauley Road 4-yard dumpster 3

Wolfe Center, 884 Church Street 8-yard front load 1

Locations under construction to be added later:

Tolleson Aquatics Center 8-yard front load TBD River Line Splash Pad 8-yard front load TBD

Billable Locations:

Chuck Camp Park, 2270 Benson Poole Rd SE 30-yard roll off Every 2 Months

Public Works 1 – 30-yard roll off 2 – 40-yard roll off Weekly

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C. Service Type and Estimated Quantities

Commercial Customers:

Front-Load Containers Roll-Off Containers

2 Yard trash 99 10 Yard Open Top 1 4 Yard 111 20 Yard Open Top 1 4 Yard Recycle 1 20 Yard Recycle 0 6 Yard 134 30 Yard Open Top 33 8 Yard 324 30 Yard Recycle 0 TOTAL 669 40 Yard Open Top 11

SUBTOTAL 46

Front-Load Recycle

Compactors

6 Yard single stream 1 2 Yard Compactor 4

8 Yard single stream 46 4 Yard Compactor 2

8 Yard Cardboard 0 6 Yard Compactor Recycle 2

8 Yard Compactor 1 30 Yard Compactor 2 34 Yard Compactor 6 35 Yard Compactor 1 40 Yard Compactor 33

42 Yard Compactor 0

42 Yard Comp Recycle 0

SUBTOTAL 47 SUBTOTAL 51

TOTAL 716 TOTAL 97

Hillsdale Condos: 450 units Picked up twice weekly, cans/carts provided by residents.

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Commercial Solid Waste & Recycling Collection Services

VIII. Fee Schedule

Commercial Fee Schedule:

Front End Load

Front Load 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week 2 Yard $ $ $ $ $ $ 4 Yard $ $ $ $ $ $ 6 Yard $ $ $ $ $ $ 8 Yard $ $ $ $ $ $ Extra Pick-Up $ $ $ $ $ $ Recycle (List Size) $ $ $ $ $ $ Extra Pick-Up $ $ $ $ $ $

Provide monthly pricing for each container size and frequency listed, assuming 1 container. ***Proposed pricing must include all fees, charges and surcharges.

Front End Load Recycling

Size Material 1x Week 2x Week 3x Week 4x Week 5x Week 6x Week 6 Yard Single Stream $ $ $ $ $ $ 8 Yard Single Stream $ $ $ $ $ $ 8 Yard Cardboard $ $ $ $ $ $

Provide monthly pricing for each material type and frequency listed, assuming 1 container. ***Proposed pricing must include all fees, charges and surcharges

Roll Off & Compactors

Roll-Off Containers Delivery Rate Rental Rate Haul Rate Disposal / Ton 10 Yard 20 Yard 20 Yard Recycle 30 Yard 30 Yard Recycle 40 Yard

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Compactors Delivery Rate Rental New Rental Used Haul Rate Disposal / Ton 2 Yard 4 Yard 6 Yard Recycle 8 Yard 30 Yard 34 Yard 35 Yard 40 Yard 42 Yard 42 Yard Recycle

***Proposed pricing must include all fees, charges and surcharges.

Hillsdale Condos: 450 units Picked up twice weekly, cans/carts provided by residents.

Containers Per Month Cans/Carts $ 96 Gal Recycle $

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IX. Technical and Fee Proposal Requirements

A. Overview The Service Provider shall provide detailed information to demonstrate their understanding of the services requested.

B. Cover Letter Proposal must include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents on behalf of the Service Provider.

The cover letter shall provide the name, address, email, telephone and facsimile numbers of the Service Provider along with the name, title, address, emails, telephone and facsimile numbers of the executive that has the authority to contract with the City. The cover letter shall present the Service Provider's understanding of the Project, and a summary of the approach to be undertaken to perform the Services.

C. Executive Summary The Service Provider shall submit an executive summary, which outlines its Proposal, including the proposed general management philosophy. The executive summary shall, at a minimum, include an identification of the proposed project team, assign a Company point of contact for the Project, give the responsibilities of the project team, and a summary of the proposed Services. This section should highlight aspects of the Company's Proposal, which make it superior or unique in addressing the needs of the City.

D. Submission The Service Provider shall submit the Technical and Fee Proposal separately on the BidNet Direct procurement system. Do not include pricing in your proposal other than in the sealed Fee proposal portion of the Proposal. Service Providers are reminded that under Georgia law, all opened documents fall under the open records act and are subject to inspection by the public. Proprietary or confidential information must be marked in the proposal. (A redacted proposal may be requested). All proposals and supporting documents will be submitted in accordance with the “Instructions to Service Providers” section.

Each proposal should follow these document formats.

Formatted to single space or up to 1.5 space lines, 10 to 12-point font size, Text: black font color (color allowed in photos, document title page, etc.), No more than forty (40) pages, and upload in PDF format – name the file “Service Provider Name – RFP 26-012”.

X. Approach

A. Project Methodology The Service Provider shall provide a description of the method(s) that will be used to accomplish the level of services required in this Request for Proposal.

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B. Management of Collected Materials The Service Provider will provide, in this section, the various disposal facilities it intends to use during the contract period(s.)

a. Solid Waste

The Service Provider will provide a list of solid waste disposal facilities and/or waste transfer stations it intends to use to dispose of waste generated within the City. The list will include the disposal facility’s permit number, current address, contact person and telephone number for each facility listed.

b. Recyclables

The Service Provider will submit in its proposal a list of recycling facilities it will use to process the recyclables generated within the City. The list will include a current address, contract person, and telephone number of each facility listed.

c. Local Presence

The Service Provider will list the addresses of the locations where Service Provider maintains an office or operation facility that will be responsible for providing services to the City.

XI. Company Experience and Capabilities

A. References Provide no less than three (3) city references similar in size and scope to the city.

Include the city’s name, the contract start date, and name, position, phone number, and email address of the primary contact at each city.

B. Company Organization

C. Company History Provide pertinent company historical information that will demonstrate your capability to successfully accomplish this project.

D. Fee Proposal – please use the fee schedule and attach as a separate PDF

E. Billing & Franchise Fee

Please include a proposal that includes the service provider to invoice and collect payment for all commercial customers. The service provider will offer a franchise fee to the city. Please include this as separate PDF.

F. Reasonableness The Fee Proposal shall remain sealed until the Technical Proposals have been opened and evaluated. The Service Providers whose technical score ranks among the top three (3) proposals will have their Fee Proposals opened and scored. These Fee Proposals will be evaluated for completeness and reasonableness as they relate to the technical proposal.

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G. Best Value The Fee Proposal is important; however, it will not be the determining factor in the selection process. It is not the intent of the City to limit innovative solutions by dollar constraints, but rather to determine which proposal has the potential of providing the best value for the services required.

H. Proposal Evaluation Factors

It is the City’s intent to evaluate the proposals based on technical merit and fee and to choose the Service Provider whose proposal provides the best value to the City.

Project Understanding & Approach – 20 points Company Experience – 30 points Capability to Deliver Services – 30 points References – 5 points Proposed Fees – 15 points

The City reserves the right to waive any irregularities, reject any and/or all proposals, in whole or in part, when, in the City opinion, such rejection is in the best interests of the City.

a. Evaluation Method

Each proposal will be reviewed by an evaluation team of city staff. The evaluation will involve a holistic review of all material provided with a distinct interest in the following components (in no particular order):

Service Provider’s innovative approach to encouraging and maintaining a sustainable solid waste system

Service Provider's proven ability with similar projects

Expertise of key personnel to be assigned to the contract

Service Provider's proven ability to provide innovative, cost-effective service

Service Provider's proven track record of responsiveness to time limitations and deadlines

Service Provider's proven track record of quality of performance

Service Provider's capacity to perform

Service Provider's fee proposal

NOTE: The City reserves the right to accept a proposal, as submitted, and enter directly into a contractual agreement with that selected firm.

Accordingly, it is imperative that all submittals contain both the best technical and fee proposals in their initial submission.

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i. Oral Presentations Following the evaluation of the proposals, the City may request the top-ranking firms(s) to make an oral presentation and/or be interviewed. If a determination is made that presentations are necessary, the requested Service Providers will be contacted to arrange a mutually acceptable date and time that will be scheduled by the Contract Administrator.

ii. Negotiations

Following any presentations, the finalist(s) shall be re-evaluated. Should it become necessary, the Contract Administrator shall negotiate with the Service Provider whose proposal is determined to be most advantageous to the City. If negotiations with the highest-ranking Service Provider fail, negotiations shall be initiated with the next highest-ranking Service Provider, and so on, until an agreement is reached.

The City reserves the right to reject all offers and end the process without executing a contract.

Contract Formation If the negotiation process produces mutual agreement, a Contract shall be constructed and forwarded to the successful Service Provider for execution and then to the City’s Mayor and Council for acceptance.

XII. General Conditions

A. City Contact The contact for this Request for Proposals (RFP) is Kelly Brown, Purchasing Manager. The Purchasing Manager shall act as the City’s representative during the execution of any subsequent contract and related amendments. Any questions arising during the proposal period or during the contract period(s) are to be addressed to the city contact at the following address:

Kelly Brown

City of Smyrna 2800 King Street SE Smyrna, GA 30080 kbrown@smyrnaga.gov

B. Notice of Award of Contract Once proposals are reviewed and a Recommendation for Award is made, the City shall notify the successful Service Provider of its intent to enter into a contract agreement.

Should the City require additional time to award a contract, the time may be extended by mutual agreement between the City and the successful Service Provider.

C. Insurance

a. Liability

The Service Provider shall maintain such insurance as will protect him from claims

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*The limits of insurance are as follows:

Comprehensive General Liability -The successful service provider shall exercise proper precaution at all times for the protection of persons and property. It shall carry approved public liability and property damage insurance with the following minimums:

Worker’s Compensation: Statutory-minimum $1,000,000 Employers Liability $1,000,000 each accident

General Liability:

Bodily Injury/ Property Damage $5,000,000 each occurrence

Automobile Liability:

Bodily Injury/Property Damage $5,000,000 each accident

Excess Umbrella: $10,000,000 each occurrence

*Liability Insurance shall be effective for the duration of the contract period as described in the contract documents, including authorized change orders.

b. Certificates of Insurance

Certificates acceptable to the City shall be attached to the signed Contract Documents when they are transmitted to the City for execution. These certificates shall contain the statement that “Coverage afforded under the policies will not be canceled unless at least thirty (30) days prior to cancellation written notice has been given to the City, as evidenced by receipts of Registered or Certified mail.” The Service Provider shall present a Certificate naming the City of Smyrna as Additional Insured. Service Provider shall be responsible for all injuries or damages of any kind resulting from his work, to persons or property.

c. Performance Bond

If awarded, the Service Provider shall furnish a corporate surety bond as security for the performance of the Agreement. Said surety bond shall be in the amount of 100% of the annual revenue of the contract. The Service Provider shall pay premium for the bond(s) described above. A certificate from the surety showing the bond premiums are paid in full shall accompany the bond. The surety on the bond shall be a duly authorized corporate surety company approved to do business in the State of Georgia. Attorneys-in- fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

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d. Quantities

None of the various City Departments, Agencies, or Employees, individually or collectively, shall be required to activate any minimum or maximum number of items during the life of any contract, or extension thereof, as a result of this RFP.

e. Indemnification

The successful Service Provider will indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses including attorneys’ fees arising out of or resulting from the performance of the services, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the successful Service Provider and anyone directly or indirectly employed by the Service Provider or anyone for whose acts any of them may be liable. In any and all claims against the City or any of its agents or employees, by any employee of the successful Service Provider, directly or indirectly employed by the Service Provider, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the successful Service Provider or under the Worker Compensation Acts, Disability Benefits Acts or other employee benefits acts.

f. Notice to Proceed

The Notice to Proceed shall be issued within ten (10) days of the execution of the Contract Agreement by the City. If there are reasons why the Notice to Proceed should not be issued within this period, the time may be extended by mutual agreement between the City and successful Service Provider. If the Notice to Proceed has not been issued within the ten (10) day period or within the period mutually agreed upon, the successful Service Provider may terminate the Contract Agreement without further liability on the part of either party.

g. Assignments The successful Service Provider shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the City. In case the successful Service Provider assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Service Provider shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract.

h. Laws & Regulations The successful Service Provider’s attention is directed to the fact that all

19 | P a g e applicable Federal, State and City laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Service Provider shall keep fully informed of all laws, ordinances and regulations of the Federal, State, City and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, the Service Provider shall herewith report the same in writing to the City.

The Service Provider shall at all times observe and comply with all such existing and future laws, ordinances and regulations, and shall protect and indemnify the City and its agents against the violation of any such law, ordinance, regulation, order or decree, whether by the Service Provider or by his/her employees.

Licenses of a temporary nature, necessary for the prosecution of the services shall be secured and paid for by the successful Service Provider. Service Provider shall adhere to all City of Smyrna ordinances (including Noise, Sec. 46-1 and Solid Waste, Sec. 86 as found at http://www.smyrnaga.gov / under Government / City Ordinances) where services per this contract are provided.

i. Force Majeure The Company shall not be liable for any failure or delay in the performance of its obligations pursuant to this Agreement and such failure or delay shall not be deemed a default of this Agreement or grounds for termination hereunder if all of the following conditions are satisfied: (i) if such failure or delay: (a) could not have been prevented by reasonable precaution, and (b) cannot reasonably be circumvented by the non-performing party through the use of alternate sources, workaround plans, or other means; and (ii) if and to the extent such failure or delay is caused, directly or indirectly by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or court order.

Upon the occurrence of an event which satisfies all of the conditions set forth above (a "Force Majeure Event") the Company shall be excused from any further performance of those of its obligations pursuant to this Agreement affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the Company continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.

Upon the occurrence of a Force, Majeure Event, the Company shall immediately notify the City by telephone (to be confirmed by written notice within two (2) days of the inception of the failure or delay of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure

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Event.

Strikes, slow-downs, walkouts, lockouts, and individual disputes are not excused under this provision.

D. Notice & Service Thereof

a. All Notices, demands, requests, instructions, approvals, and claims shall be in writing.

b. Any notice to or demand upon the Service Provider shall be sufficiently given if delivered at the office of the Service Provider specified in this proposal (or at such other office as the Service Provider may from time to time designate to the City in writing), or if deposited in the United States Mail in a sealed, postage- prepaid envelope, or delivered, with charges prepaid, to any telegraph company for transmission, in each case addressed to such office.

c. All papers required to be delivered to the City shall, unless otherwise specified in writing to the Service Provider, be delivered to the Contract Administrator. Any notice to or demand upon the City shall be sufficiently given if delivered to the Office of said Contract Administrator or if deposited in the United States Mail in a sealed, postage-prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to said Contract Administrator or to such other representative of the City or to such other address as the City may subsequently specify in writing to the Service Provider for such purposes.

E. Schedule, Reports and Records The Service Provider shall submit to the City schedules, reports, estimates, records and other data as the City may request concerning services performed or to be performed.

XIII. Changes in the Contract

A. Changes in the Service The City may at any time, as the need arises, order changes within the scope of the services without invalidating the Contract Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the services, an equitable adjustment shall be negotiated culminated by the issuance of a Contract Amendment. The Contract Administrator, also, may at any time, by issuing a Contract Amendment, make changes in the details of the services. The Service Provider shall proceed with the performance of any changes in the services so ordered by the Contract Administrator unless the Service Provider believes that such order entitles a change in the fee time or both, in which event the Service Provider shall give the Contract Administrator written notice thereof within fifteen (15) days after the receipt of the Contract Amendment, and the Service Provider shall not execute such amendments pending the receipt of an executed Notice to Proceed instruction from the City

The City may, when changes are minor or when changes would result in relatively small

21 | P a g e changes in the Fee or Contract Time, elect to postpone the issuance of a Contract Amendment until such time that a single amendment of substantial importance can be issued incorporating several changes. In such cases, the City shall indicate this intent in a written notice to the Service Provider.

B. Proposed Fee Updates Provide solution for potential price adjustments at the end of each term. Explain your standard CPI language, terms, and expectations. We anticipate recommending a contract for one (1) year with four annual (4) renewals. At what point in the contract term do you expect review for pricing adjustments? What method do you use for CPI calculation? Price increases must be agreed to by both parties. Please include this information in your price proposal.

There shall be no Fee adjustments allowed for fluctuations in fuel fees unless the cost of diesel fuel is above $4.00/gallon. At such time, Service Provider shall present evidence of fuel surcharged needed, which shall not be unreasonably withheld.

C. Changes in Contract Period The Contract Periods shall be changed only by a Contract Amendment. Changes in the services described above and any other claim made by the Service Provider for a change in the Contract Period shall be evaluated by the City and if the conditions warrant, an appropriate adjustment of the Contract Periods will be made.

D. Permits and Regulations The Service Provider shall obtain and pay for all permits, licenses and any other regulatory requirements, necessary for the prosecution of these services. The Service Provider shall pay all governmental charges and inspection fees necessary for the prosecution of these services.

a. Business License Service Providers and subcontractors shall have a current Occupation Tax Certificate and shall furnish certificate and license numbers prior to entering into a contract with the City.

E. Default and Termination

a. Default The City may on thirty (30) days notice to the Service Provider terminate the service contract, and without prejudice to any other remedy it may have, when the Service Provider materially defaults in the performance of any provision of this specification, or materially fails to carry out the work in accordance with the provisions of the service contract. Default by the Service Provider will include, but is not limited to, the following:

i. Failure by the selected firm to provide service in accordance with the specifications.

ii. Service Provider fails to continually perform the service for three (3) consecutive business days during the term hereof for reasons other than a force majeure event.

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iii. Insolvency or filing of a voluntary or involuntary petition in bankruptcy court by the Service Provider.

iv. Commencement of a foreclosure proceeding of a lien against the facility or its conveyance in lieu of foreclosure.

v. Service Provider fails to pay taxes or fees of failure to maintain all necessary licenses and permits to operate a solid waste transfer or landfill disposal facility.

vi. Service Provider fails to cure any other breach of default in the performance of its duties or obligations set forth in the contract within five (5) days of receipt by Service Provider of written notice of such breach or default.

b. Termination The City may terminate the contract, for convenience purposes, upon sixty (60) days written notice. Upon any termination of the contract, the Service Provider shall, unless notified in writing otherwise, take all reasonable precautions to complete the work in progress and to minimize the expenses of the City incident to such termination and the completion of the work. Thereafter, the Service Provider shall promptly discontinue the work. The City will pay the Service Provider all monies owed for work completed.

c. Termination Assistance Services If requested by the City, Service Provider shall provide the City with such assistance as may be required to transition the provision of the services from Service Provider to a successor service provider without interruption to, or degradation of, the services, including, without limitation, continued provision of the services and any additional services as are reasonably requested by the City.

XIV. Responsibilities of the Service Provider

A. Subcontractors, Manufacturers, and Suppliers The Service Provider shall be responsible for the adequacy, efficiency and sufficiency of subcontractors, manufacturers, suppliers and their employees. This includes the responsibility for conducting operations in such a manner as to cause the minimum damage possible to existing private property and improvements, and to the public and private infrastructure.

B. Service Provider’s Employees The Service Provider shall be responsible for the adequacy, efficiency and sufficiency of his employees. Workers shall have sufficient knowledge, skill and experience to perform properly the work assigned to them. The Service Provider shall be fully responsible for the acts and omissions of its subcontractors and of persons directly or indirectly employed by them, as the Service Provider is for the acts and omissions of persons employed by it.

Service Provider shall, at its expense, conduct (or cause to be conducted), in compliance with all applicable laws, the following checks on each individual performing services hereunder:

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a. a background check, including the: (i) name and all names used in the previous seven years, (ii) date of birth, (iii) city, state, and country of birth, and (iv) passport number (if one is held) and issuing country, issue date and expiration date;

b. criminal checks; and

c. drug testing.

At the City’s request, and to the extent permitted by law, Service Provider shall provide copies of such checks with respect to any individual performing services hereunder, and the City shall comply with the law with respect to the use, retention, disposal and confidentiality of such information.

With respect to any individual performing services hereunder that the City believes is

(a) not conducting him or herself in accordance with the applicable code of conduct as provided to Service Provider by the City from time to time, (b) improperly providing the services, (c) engaged in conduct that is criminal, fraudulent or likely to cause harm to the City’s employees or property or (d) not adequately complying with the terms of the service contract, Service Provider shall, upon the City’s request, as soon as reasonably practicable:

(i) if applicable, terminate such individual’s access to City property, and (ii) remove such individual of his or her responsibility of providing services to the City.

C. Public Safety and Convenience The Service Provider shall conduct his work so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work and to insure the protection of persons and property.

D. Disposal Facilities Subsequent to the original approval of disposal facilities by the City, any additional solid waste disposal facilities anticipated to be used by the Service Provider will require prior written approval of the City.

E. Compliance with Laws The Service Provider shall keep himself fully informed of all existing and future State and Federal Laws, all regulations of the various departments or agencies of the State of Georgia, and local ordinances and regulations in any manner affecting those engaged or employed in the services, or the materials used in the services, or in any way affecting the conduct of the services and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

Service Provider shall at all times observe and comply with and cause all his agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the City, its officers, employees and agents against any claim or liability arising from or based upon violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees or any subcontractor.

XV. Representation

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A. Non-Discrimination

a. The company agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, national origin, or disability.

b. Company agrees that it will inform the City of any alleged violation(s) of employment practices involving any employees who work on the Project which are asserted in any claims filed with the Equal Employment Opportunity Commission, Labor Department or any other federal or state compliance agency. The Company will also inform the City of the final disposition of such cases.

B. Drug-Free Workplace The City is a drug-free workplace employer. The City Council has adopted a policy requiring City Service Providers to provide a drug-free workplace in the performance of any City contract. The Company hereby certifies that it has, or it will within thirty (30) days after execution of the Contract:

a. Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;

b. Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;

c. Notify each employee that as a condition of employment, the employee will

(i) abide by the terms of the prohibition outlined above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction;

d. Notify each employee that as a condition of employment, the employee will

(i) abide by the terms of the prohibition outlined above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five (5) days after such conviction;

e. Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by, an employee convicted of a drug crime

f. Make a good faith effort to continue to maintain a drug-free workplace for employees; and

g. Require any party to which it subcontracts any portion of the work under the contract to comply with the above provisions.

A false certification or the failure to comply with the above drug-free workplace requirements during the performance of the Contract shall be grounds for suspension, termination or debarment.

C. Equipment Service Provider vehicles and containers shall be in good repair, present a clean and

25 | P a g e uniform appearance and be equipped with rear warning lights and other industry standard safety devices. All collection vehicles shall be enclosed trucks and shall be watertight, drip-proof and in sanitary condition at all times.

Container doors and lids must be operable at all times. Service Provider must replace worn out or damaged dumpsters/parts upon request within five (5) business days.

Outside containers used to dispose of garbage and trash will be rodent proof with tight-fitting lids and must have drain plugs in place at all times. Containers shall be cleaned and/or deodorized when odor problems are present or upon request by the City.

XVI. Required Forms:

Below are the required forms to be included in your proposal:

A. IRS Form W-9 B. Acknowledgments C. Contractor Affidavit - E-Verify (Affidavit Verifying Service Provider

Participation in Federal Work Authorization Program) for Contractor and Subcontractor, if applicable

Georgia Security and Immigration Compliance In compliance with the Georgia Security and Immigration Compliance act of 2006 Act 457,Section 2 of Senate Bill 529, Chapter 300-10-1 (O.C.G.A.

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