RFP - Residential Solid Waste

REQUEST FOR PROPOSALS

FOR

RESIDENTIAL CURBSIDE

SOLID WASTE

AND

RECYCLING SERVICES

March 2022

RESIDENTIAL CURBSIDE SOLID WASTE AND RECYCLING SERVICES

May 10, 2022, 2:00 PM

The City of St. Marys, GA is requesting the submittal of written proposals from qualified contractors who are actively engaged in residential curbside solid waste services. The objective of this RFP is to solicit qualified Respondents to submit sufficient proposals to enable the City to award a contract for services. The City of St. Marys, GA, Purchasing Department will receive sealed proposals by mail or hand delivery at 418 Osborne Street, St. Marys, GA, 31558 up to and until May 10, 2022, at 2:00 p.m. No proposal may be withdrawn after the closing time for the receipt of proposals for a period of ninety (90) days. A pre-proposal meeting will be held at the above address at 10:00 a.m. on April 12, 2022 . Anyone interested in submitting a proposal should have a representative at this meeting.

A proposal package and copy of the specifications may be obtained from the City of St. Marys Purchasing Department located at 418 Osborne Street, St. Marys, Georgia, 31558 at no charge. A street address, contact person, phone and fax number must be provided to ensure prompt delivery and notification of addenda.

All Submittals shall be labeled and submitted to the Address below.

REQUEST FOR PROPOSALS RESIDENTIAL CURBSIDE SOLID WASTE AND RECYCLING SERVICES

Attn: Finance Department City of St. Marys 418 Osborne Street St. Marys, GA 31558

The scope of services for this proposal includes residential curbside once weekly garbage collection, once weekly yard debris collection and once weekly recycling collection with Contractor provided carts and recycling bins. Bulk item/appliances will be collected on a call-in basis.

The Contractor will be required to pay tipping fees and/or other fees associated with the disposal of all solid waste covered by the Agreement. The City will reimburse the Contractor the tipping fees paid directly to the City approved disposal site once invoiced by the Contractor and supporting documentation provided to the City. The approximate number of residential customers is currently 6,500. This scope does not include commercial customers, except those that are served by residential sized cans. Carts and/or Recycling bins will be furnished to all residential customers at no cost to the customer or the City. The selected Contractor must furnish a written guarantee that all recyclable material collected will in fact be recycled and not taken to a landfill for disposal despite fluctuations in the recycling market. Service should be able to be provided within 180 days of Notice by the City.

The service providers’ response shall include a technical proposal and fee proposal with all other information requested in this Request for Proposal (RFP). The fees shall be the full cost to the City, and the City may request additional information by proposers, including a presentation if deemed necessary to clarify elements of their bid proposals. The City also reserves the right to make independent investigations as to the qualifications of each service provider, including existing customers, or site visits to existing operations.

The City anticipates making a single award; however, it reserves the right to make multiple awards should it deem it in the best interest of the City. Such an award, if any, is projected to be accomplished within ninety (90) days from the proposal opening.

The City of St. Marys reserves the right to accept or reject any or all proposals received, to waive irregularities and informalities in this RFP, and to make award in any manner deemed in the best interest of the City of St. Marys and to re-advertise pursuant to federal and state law. Any Responders that contact elected officials or staff directly or indirectly for the purpose of influencing the selection process prior to a contract award shall be immediately disqualified and removed from consideration.

The City of St. Marys, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, handicap/disabled in consideration for an award.

Questions regarding this project may be directed in writing to the City of St. Marys Finance Director, Marsha Klecan at 418 Osborne Street, St. Marys, Georgia, 31558 or by email to marsha.klecan@stmarysga.gov.

RESIDENTIAL CURBSIDE SOLID WASTE AND RECYCLING SERVICES

INSTRUCTIONS TO PROPOSER

1. PURPOSE:

The City of St. Marys has issued this Request for Proposals (hereinafter, “RFP”) for the sole purpose and intent of obtaining proposals from interested and qualified Offerors to provide solid waste collection and disposal Services. The contract agreement will be for five (5) years and may be renewed up to one additional 5 year term with city council approval.

1.1. Background:

The City of St. Marys, Georgia is located in the southeastern portion of Georgia in Camden County. St. Marys has approximately 18,600 residents and its chief industry is tourism and the Kings Bay Naval Base.

1.2. Solid Waste Collection:

Currently Waste Management provides solid waste and recycling services for the City of St. Marys and below is the estimated number of monthly pickups that are made within St. Marys’ city limits:

City of St. Marys currently bills all residential and commercial customers who utilize 90 gallon roll carts and the City pays the contractor on a monthly basis.

Recycling is a customer option, and the service will be provided on a weekly basis on the same day as household waste is collected.

The successful proposer must offer the following optional services:

· Additional carts

· Back Door Service for those subscribers that are medically certified as handicapped service at No Charge.

2. HOW TO SUBMIT PROPOSALS:

All proposals shall be:

1. Submitted in sealed opaque package (envelope or box as necessary), plainly marked with “RESIDENTIAL CURBSIDE SOLID WASTE AND RECYCLING SERVICES”. date and time of submission, and company name.

2. Mailed or delivered in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above.

Hand Delivery and Mailing Address:

City of St. Marys Purchasing Agent 418 Osborne Street St. Marys, GA 31558

3. Please check the City’s website www.stmarysga.gov prior to submission for any addenda to the RFP.

3. EXPLANATION TO RESPONDER:

Any explanation regarding the meaning or interpretation of the contract, project manual, specifications, or any other contract documents must be requested in writing at least one week prior to proposal opening date, with sufficient allowance of time for receipt of reply before the time of the proposal opening. Any such explanations or interpretations shall be made in the form of addenda to the documents and shall be furnished to all responders, who shall acknowledge receipt of all addenda with their proposal. Oral explanations and interpretations made prior to the proposal opening shall not be binding.

3.1. SUBMISSION REQUIREMENTS:

3.1.1. To facilitate evaluation of Proposals please submit the following:

· One (1) fully executable electronic copy of the response/submittal (in pdf format).

· One (1) original and five (5) copies of these proposal documents must be submitted. The original shall be clearly marked “original”.

3.1.2. The proposals shall be prepared with a straightforward, concise delineation of the vendor’s capabilities to satisfy the requirements of this RFP.

3.1.3. Proposals containing reservations, conditions, omissions, unexplained erasures or alterations, items not required in the RFP, or irregularities of any kind, may be rejected by the City of St. Marys as being incomplete and not qualified for consideration.

3.1.4. Each proposal shall indicate the full business name and address of the responding firm and shall be signed by someone authorized by the firm to enter into contracts. It shall also set forth the type of business organization, i.e., corporation, partnership, individual owner.

3.1.5. A proposal submitted by a partnership shall list the names of all partners and shall be signed in the partnership name by one of the members of the partnership. If there is no partner who is a Georgia resident, the name and address of an entity designated to receive service of process for the partnership in Georgia must be provided.

3.1.6. A proposal submitted by a Corporation shall be signed by the legal name of the Corporation, followed by the state of incorporation and the title designation of the Corporation in legal matters. The name of each person signing the proposal shall be typed or printed below the signature. If not a Georgia Corporation, there must also be evidence that the corporation is licensed to do business in Georgia.

3.1.7. The written proposal shall clearly detail how the responder will meet the requirements of this Request for Proposals.

3.1.8. Participation in this selection process by interested Firms shall constitute an acceptance of the terms and conditions of the selection process, as stated within this document, and shall be at no additional cost or obligation to the City.

3.2. ADDITIONAL INFORMATION/ADDENDA:

The City of St. Marys will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the due date. Vendors should not rely on any representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Where there appears to be a conflict between the RFP and any addenda issued, the last addendum issued will prevail.

Vendors must acknowledge any issued addenda by including the Addenda Acknowledgement Form with the submittal. Proposals which fail to acknowledge the vendor’s receipt of any addendum will result in the rejection of the offer if the addendum contains information which substantively changes the Owner’s requirements

3.3. LATE SUBMITTAL, LATE MODIFICATIONS AND LATE WITHDRAWALS:

Submittals received after the due date and time will not be considered. Modifications received after the due date will not be considered. The City of St. Marys assumes no responsibility for the premature opening of a proposal not properly addressed and identified, and/or delivered to the proper designation.

3.4. REJECTION OF PROPOSALS:

The City of St. Marys may reject any and all submittals and reserves the right to waive any irregularities or informalities in any submittal or in the submittal procedure. Submittals received after said time or at any place other than the time and place will not be considered.

3.5. QUALIFICATION OF BUSINESS (RESPONSIBLE VENDOR):

A responsible Vendor is defined as one who meets all requirements of the RFP. The City has the right to require any or all Vendors to submit documentation of their ability to perform, provide or carry out the service as requested herein and to disqualify the proposal of any Vendor as being unresponsive or un-responsible whenever such Vendor cannot.

3.6. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

By submission of this proposal, the Vendor certifies, and in the case of a joint proposal each party thereto as to its own organization, that in connection with this procurement:

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

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

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

3.7. INTERPRETATIONS:

Each proposer shall carefully examine the Contract Documents and all addenda or other revisions and thoroughly familiarize himself with the detailed requirements prior to submitting a proposal. Should a proposer find discrepancies or ambiguities in, or omissions from RFP documents, or should he be in doubt as to their meaning, he/she shall at once, and, in any event not later than five (5) working days prior to the proposal due date, notify the City of St. Marys who will send written addenda to all proposers. The City of St. Marys will not be responsible for any oral instructions. All addenda sent to proposers will become a part of the Contract Documents. No allowance will be made after proposals are received for oversight by responder.

3.8. MIMINUM RFP ACCEPTANCE PERIOD :

Valid submittals shall not be withdrawn for a period of 90 days from the date specified for receipt of submittals.

3.9. TERMS AND DEFINITIONS

Vendor: Whenever the term "vendor" is used it shall encompass the "person," "business," "firm," or other party submitting a proposal to the City in such capacity before a contract has been entered into between such party and the City. At times throughout this request for proposal the term “vendor” may be used interchangeably with the terms “contractor”, “proposer” and “bidder City: Whenever the term "City" or "Owner" is used it is to refer to the City of St. Marys, Georgia.

Billing Month: Means the calendar month.

Bulky waste: Stoves, refrigerators, water tanks, washing machines, furniture, television sets, audio equipment and similar household appliances and (other waste materials other than construction debris, tires or hazardous waste) with weights or volumes greater than those allowed for containers or carts.

Cart: A receptacle not to exceed 95 gallons, with wheels and a tight fitting lid, provided by service provider, designed for the purpose of curbside collection of refuse.

Collection Schedule: Refers to the defined days of collection authorized by the City.

Company: Refers to a service provider that has been selected by the City to provide services required by this RFP.

Construction and Demolition Debris: means materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from a construction or demolition project and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project.

Contract Administrator: Refers to the City Manager or someone acting in their role.

Contract Area: Refers to the area(s) of the City within which services will be provided by the Service Provider, during the term of the contract and any extensions, if granted.

Contract Documents: The Request for Proposals, Instruction to service providers, Definitions, Contractor’s Proposal, the contract, the contract Performance Bond and any addenda or changes to the foregoing documents agreed to by the city and the Contractor Contract Coordinator: Refers to a City employee(s) who observes the operation to ensure that such services are performed in compliance with the contract agreement and City Code.

Curbside: Means that location with respect to a residence which is most immediately adjacent to a Public or Private Street or State or Federal Highway, unless alternative site is approved by both the City and Contractor on a case by case basis.

Customer: Refers to the recipient of collection services, specifically referring to the resident in the Contract Area.

Designated Disposal Facility: means the State Road 110 Landfill located in Camden County, or any other Solid Waste Facility or Solid Waste Management Facility mutually agreed to between the City and the Contractor in writing.

Disposal Site: A refuse depository including but not limited to sanitary landfills, transfer stations and waste processing/separation centers licensed, permitted, or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive refuse for processing or final disposal.

Effective Date: Refers to the date that the contract between the City and the Company is in effect.

Evaluation Committee: Refers to a committee as appointed by the City responsible for determining the best Service Provider for the Services described in this RFP.

Extraordinary Circumstances: Defined as a significant event or condition(s) that result in excessive amount of debris as determined by the City.

Fee: A dollar amount inclusive of all Service Provider’s costs (overhead, insurance, labor, equipment, advertisements, etc.) general and accounting and profit charged for a specific service(s).

Hazardous waste: Means materials (whether solids, liquids or gases) which constitute a hazard to health or safety, including, but not limited to, poisons, acids, caustic materials or solutions, chemicals, Freon gas, polychlorinated biphenyls (PCBs), asbestos, lead based paints, infections or infected wastes radioactive materials, and petroleum based products, offal, fecal matter, explosives, flammable substances, and any waste, substance or material that under any federal, state or local environmental law is deemed hazardous, toxic, a pollutant, or contaminant, including, without limitation, any substance defined or referred to as a “hazardous waste,” a “hazardous substance,” a toxic substance,” or similar designation under any federal, state or local environmental law.

HDPE: High Density Polyethylene – Colored or opaque plastic used in laundry product bottles and milk jugs (aka No. 2 plastics).

Holidays: Means holidays observed shall be: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day (Observed).

Illegal Dump: Means dumping waste in a manner inconsistent with local laws, regulations or ordinances or by means other than those authorized by local ordinances, officials or by placing waste in unauthorized rights of way operated by the City such as streets, alleys, street medians or any property designated for public use, or other areas inconsistent with applicable rules for waste disposal.

Landfill: Means a disposal site for disposing of municipal solid waste.

LDPE: Means low density polyethylene, a type of plastic resin (aka No. 4 plastics) Missed Collection: Refers to a properly prepared Refuse, Recyclable, Yard Waste and/or Bulk item not picked up on the scheduled collection day.

Mixed paper: Includes the following: Magazines, junk mail, phone books, bond or ledger grade, cardboard and paper board packaging. This does not include tissue paper, paper towels, frozen food containers, milk cartons, or paper packaging combined with plastic wax or foil.

Multi-Family Unit: Individual residential units in a multi-family structure (i.e. apartment building) which units are not separately owned, but are owned by one common entity, for which refuse collection is using dumpsters or carts.

NTE: Not to Exceed Performance Bond: means the form of security set forth in this Agreement and furnished by the Contractor as a guarantee that Contractor will perform its work in accordance with this Agreement and will pay all lawful claims relating thereto.

PET: Polyethylene Terephthalate, clear plastic used in some household cleaning product bottles as well as soda, water, and sports drink bottles (aka No. 1 plastics) Plastic: Includes HDPE, LDPE and PET containers as well as other plastic products as defined herein and included in “Recyclables.”

PP: Polypropylene, a type of plastic resin (aka No, 5 plastic).

Principal: Any officer or director of the proposing organization, and any person, firm, corporation, partnership, joint venture or other entity, who or which owns or controls three percent (3%) or more of the voting stock or any equivalent voting interest of a partnership or joint venture.

Producer: An occupant of a Resident Unit or Commercial and Industrial Unit who generates refuse.

Proposal: An offer or statement of a price and project description in response to a request for materials or services to be rendered to the City or its employees.

PS: Means polystyrene a type of plastic, resin (aka No. 6 plastics) PVC: Means polyvinyl chloride, a type of plastic resin (aka No. 3 Plastics) Recyclables: Means materials designated by the City to be collected separately from refuse and yard trimmings for diversion from a landfill and conveyed to one or more recyclables processing facility. For the purpose of this Agreement Recyclables may include but are not limited to: (newsprint, aluminum cans, steel cans, telephone books, magazines, catalogs, mixed paper, corrugated cardboard [without plastic coating], chipboard, #1-7 plastic bottles [PET, HDPC, PVC, LDPE, PP, PS, and all other materials that can be processed and recycled]). Recyclables do not include hazardous waste or items contaminated with food waste.

Recycling: Means any process by which materials which otherwise would become refuse are collected, separated, or processed and reused or returned to use in the form of raw materials or products. This specifically excludes depositing recyclables into a landfill or incinerator.

Recycling Container: A Contractor provided container suitable for on-site collection of recyclables. The container must be a minimum 18-gallon bin which is distinguishable from the garbage cart by color, size, and/ or general makeup.

Recycling Services: Means the collection of recyclables from residential curbsides and from selected commercial establishments, and institutional buildings and transporting same to recycling processors. It includes related activities such as public information and education about recycling, handling complaints about collecting recyclables and reporting pertinent information about the collection of recyclables.

Refuse: Refers to residential refuse and commercial and industrial refuse and shall mean “municipal solid waste” as defined by Georgia Law, Municipal solid waste (MSW) is any waste resulting from the operation of residential, commercial and industrial, governmental or institutional establishments or units as the case may be, unless the context otherwise requires.

Request for Proposal: Executed documents, including documents attached or incorporated by reference, utilized for soliciting proposals in accordance with the instructions set forth herein.

Residential Unit: A free standing structure constructed for use as a residence or (b) a residential unit within a multi-family structure for which refuse collection using carts is deemed appropriate.

Roll-Off Containers: To be utilized where dumpsters are not of sufficient capacity or materials are not suitable for dumpster usage. Container sizes are 20, 30, and 40 cubic yards either open top or enclosed compactor type.

Service Provider: Any corporation, partnership, individual, sole proprietorship, Joint Stock Company, joint venture, local government, solid waste authority or any other private or public legal entity that has submitted a bid which conforms in all material respects to the requirements set forth in the RFP.

Single Stream Collection: Collecting recyclable material commingled, rather than separated, by providing customers with a single container for all recyclable material.

Solid Waste: Refers to garbage and trash, and may include glass jars, bottles, aluminum cans, steel cans, plastic beverage containers (PET & HDPE), newspapers and inserts, spiral paper, and other Solid Waste excluding yard waste. Solid waste shall not include discarded building materials, trees, brush and other materials resulting from the activities of building service providers, commercial tree trimmers or commercial lawn services, large quantities of sod, dirt and trash from land clearing, and other materials requiring special handling.

Staff: refers to all employees of the Company who performs services for the City.

Street: A public or private way used for public travel.

Submission Date: Refers to the date and time Proposals for this RFP are due to the City.

Surety: means any of the issuers of Performance Bonds guaranteeing the full and proper performance of the Contractor established by this Agreement.

Term: The term of the Service Provider’s performance of Services pursuant to this Agreement (“Term”) White Goods: means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic large appliances used for residential purposes.

Yard waste: Refers to grass, weeds, leaves, tree and shrubbery pruning, and other similar materials generated in the maintenance of lawns and gardens which are separated from other Solid Waste. Yard waste piles must be placed curbside and weekly pick up will typically not exceed five (5) cubic yards per residence but could be more during certain seasons and material is recommended but not required to be bagged or containerized.

3.10. COMPLIANCE WITH LAWS:

The Vendor shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by Federal, State or City statute, ordinances and rules during the performance of any contract between the Vendor and the City. Any such requirement specifically set forth in any contract document between the Vendor and the City shall be supplementary to this section and not in substitution thereof.

3.11. DEBARRED FIRMS AND PENDING LITIGATION:

Any potential Vendor/firm listed on the Federal or State of Georgia Parties Listing (barred from doing business) will not be considered for contract award. Vendors shall disclose any record of pending criminal violations (indictment) and/or convictions, pending lawsuits, etc., and any actions that may be a conflict of interest occurring within the past five (5) years.

Proposals will not be accepted from any company, firm, person, party or parent subsidiary, against which the City has an outstanding claim, or financial dispute relating to prior contract performance. If the City, at any time, discovers such a dispute during any point of evaluation, the proposal will not be considered further. Any Vendor/firm previously defaulting or terminating a contract with the City will not be considered.

Vendor acknowledges that in performing contract work for the City, Vendor shall not utilize any firms that have been a party to any of the above actions. If Vendor has engaged any firm to work on this contract or project that is later debarred, Vendor shall sever its relationship with the firm with respect to City contract.

** All Vendors are to read and complete the Vendors certification regarding debarment, suspension, ineligibility, and voluntary exclusion enclosed as Disclosure of Responsibility - to be returned with response. Failure to do so may result in your proposal being rejected as non-responsive. **

3.12. HOLD-HARMLESS AND INDEMNIFICATION CLAUSE

The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this agreement. The Contractor shall bear all losses and damages directly and indirectly resulting to it on account of the performance or character of the work rendered pursuant to this agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers, agents, Owner’s lender, Architect and Architect’s consultants, agents, and employees (hereinafter referred to as the “Owner Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter “Liabilities”) which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include liabilities caused by or resulting from the sole negligence of the Owner or Owner Parties. Such obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the Owner or Owner Parties by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable the indemnification obligation set forth in this provision 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 Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Owner and Owner Parties shall survive expiration or termination of this Agreement provided that the claims are based upon or arise out of actions that occurred during the performance of this agreement.

3.13. VENDOR DEFAULT:

In the event that the vendor or any of its subcontractors violates or breaches any contract terms, conditions, or warranties, then vendor shall immediately be deemed to be in default. Upon receiving written notice of any such default, vendor shall have ten (10) days to cure same and to provide evidence of such cure. If the vendor fails to cure within the ten-day time limit, then the City may, at its option, immediately declare the Contract terminated. The City may also, at its option, take over and prosecute the work to completion, by hiring another vendor or otherwise. In the event of such a termination, vendor shall only be entitled to compensation that was earned prior to the date of termination. However, the City shall be entitled to an offset and shall any reduce any such compensation paid after the date of termination by the amount of any and all damages and costs incurred by the City as a result of vendor’s default. The City may withhold payments due to vendor for the purpose of offset until such time as the exact amount of damages due to the City is determined.

In addition to and without limiting the foregoing, where the vendor has failed to cure a default within ten (10) days but the City has not yet terminated the contract, the City shall also be entitled, in addition to all other available relief, to liquidated damages from vendor in the amount $5000 per day for each day during which vendor remains in default. These liquidated damages may be offset against any compensation to which vendor is otherwise entitled under the contract. Further, these liquidated damages shall be in addition to any amounts owed under Section 7 (“Missed Collections and Complaint Handling”) or Section 8 (“Communication and Reporting”) below.

Nothing in this section 3.13 shall be construed to prevent the City from obtaining all other available remedies, legal or equitable.

3.14. NON-COLLUSION AFFIDAVIT

By submitting a response to this RFP, the vendor represents and warrants that such proposal is genuine and not a sham or collusive or made in the interest or in behalf of any person not therein named and that the vendor has not directly or indirectly induced or solicited any other vendor to put in a sham proposal, or any other person, firm or corporation to refrain from submitting and that the vendor has not in any manner sought by collusion to secure to that vendor any advantage over any other vendor. By submitting a proposal, the vendor represents and warrants that no official or employee of the City of St. Marys has, in any manner, an interest, directly or indirectly in the proposal or in the contract which may be made under it, or in any expected profits to arise there from.

3.15. COST INCURRED BY VENDORS:

All expenses involved with the preparation and submission of the RFP to the City of St. Marys, or any work performed in connection therewith is the responsibility of the vendor(s).

3.16. PRESENCE OF PROPOSERS AT OPENINGS:

At the time and place fixed for opening the proposals, the names of the firms responding to the RFP be made public for the information of all proposers and other interested parties, who may be present in person or by representative.

3.17. ONE PROPOSAL RECEIVED:

In the event only one proposal is received, the City of St. Marys will reserve the right to accept the proposal or to re-advertise the RFP for the project.

3.18. ACCEPTANCE AND EVALUATION OF PROPOSALS:

3.18.1. The City will accept all qualified proposals and give them complete and impartial consideration.

3.18.2. A selection committee will evaluate all proposals deemed responsive to this request. The award will be based on general criteria, as outlined in this RFP. Proposals will be evaluated considering the material and substantiating evidence presented in the proposal, and not on the basis of what is inferred.

3.18.2.1. Responses to this RFP will be scored according to the following criteria: Company Background – 25 Points References – 10 Points Equipment and Approach to Project – 25 Points Overall Cost & Pricing – 40 Points

3.18.3. Any proposal which does not meet all requirements may be disqualified as being non-responsive. Proposals that are deemed to be incomplete as to substance and content may be returned without further consideration.

3.18.4. The City reserves the right to ask for additional information from all parties that have submitted proposals. Also, the City reserves the right to short list the submitted proposals and request presentation from the short-listed firms.

3.18.5. Any proposals submitted shall remain valid for 90 days after the proposal due date or until the City executes a contract, whichever occurs first.

3.18.6. Following review of all qualified proposals, selection of a suitable vendor, and preliminary contract negotiations, the evaluation committee will make a recommendation to the City Council. Following approval, the City will complete contract negotiations with said vendor. The City of St. Marys reserves the right to accept the proposal that is determined to be in the best interest of the City.

3.18.7. The City reserves the right to terminate the proposal proceedings at any time.

3.18.8. The City has, 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 neither guarantee nor warranty the information 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

3.19. CONTRACT AND INSURANCE:

3.19.1. The responder to whom award is made shall enter into a written contract with the City of St. Marys within the time specified in the RFP Documents.

3.19.2. The Contractor shall secure and maintain such insurance policies as required listing the City of St. Marys as additional insured. A sixty (60) day notice of cancellation is required and must be provided to the City of St. Marys via Certified Mail.

Insurance Requirements The successful Respondent shall have and maintain in full force and effect for the duration of this agreement, insurance protecting against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City’s Attorney to form and content.

Minimum Limits of Insurance Contractor shall maintain insurance policies with coverage and limits no less than:

i. Commercial General Liability of $1,000,000 (one million dollars) per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

ii. Commercial Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom.

iii. Workers’ Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident or disease.

Self-Insured Retentions Any self-insured retentions must be declared to and approved by the City so that the City may ensure the financial solvency of the Contractor. Insurance is to be placed with insurers with an A. M. Best rating of no less than A-VII. Contractor shall furnish the City with certificates of insurance prior to the start of work.

Performance Bond Contractor shall also obtain and provide evidence of a performance bond in the amount of $1,000,000.00. The performance bond shall be subject to approval by the City’s Attorney as to form and content.

3.19.3. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City of St. Marys.

3.19.4. TERMINATION: Federal, State, and other Local government agencies may terminate this agreement in the event funds are not appropriated for it in future periods; provided, however, that funds are also not appropriated for equipment or services that replace those contracted for under this agreement.

3.20. ANTI-DISCRIMINATION

3.20.1. The City of St. Marys, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, handicap/disabled in consideration for an award.

3.20.2. During the performance of this contract, the contractor agrees as follows:

3.20.2.1.1. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

3.20.2.1.2. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

3.20.2.1.3. The contractor will include the provisions above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

3.21. IMMIGRATION:

On 1 July 2009, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All employers, contractors and subcontractors entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules.

To find the E-Verify information You may go to http://www.uscis.gov .

** All Vendors are to read, complete and must submit with his proposal the completed and executed “Immigration and Security Form” and the “Affidavit Verifying Status for City Public Benefit Application”. (Forms include in the RFP Package). Failure to do so may result in your solicitation response being rejected as non-responsive.**

4. SCOPE OF SERVICES

The scope of services for this proposal includes residential curbside once weekly garbage collection, once weekly yard debris collection and once weekly recycling collection with Contractor provided carts and recycling bins. Bulk item/appliances will be collected on a call-in basis.

4.1. Residential Solid Waste to be placed in provided carts at curbside with no more than two additional personal bags/cans.

4.2. Yard debris must be placed at curbside, weekly pick up will typically not exceed five (5) cubic yards per residence but could be more during certain seasons and material is recommended but not required to be bagged or containerized.

4.3. Recycling items for collection are limited to the following: #1-#2 plastic bottles and jugs, metal and aluminum cans, newspaper and inserts, brown paper bags, printed chipboard and corrugated cardboard. Cardboard must be flattened and cut into 2’x3’ pieces for placement under the recycle bin.

4.4. No construction debris, concrete, tree stumps, batteries, liquids, pesticides/chemicals or tires will be accepted for pick up.

4.5. The Contractor will be required to provide solid waste and recyclable collection services to all City owned facilities at no additional cost to the City. Said trash containers will typically be emptied once per week on the same schedule set forth above, however some may require multiple weekly pickups such as at water/sewer plants. Any new facilities constructed or purchased during the duration of the contract shall be provided the same service. Additional locations may be added as needed by the City. Current locations include:

4.5.1.1. City Hall – (1) Front Load Dumpster 6 CY Garbage

(1) Cardboard Recycle 6 CY

(3) 90-Gallon Carts

(2) 90-Gallon Recycle Carts

4.5.1.2. Public Works – (1) Front Load Dumpster 6 CY

(1) Front Load Dumpster 6 CY Carboard Recycle

(2) Roll off Container 20 CY

(1) Roll off Container 20 CY for Yard Waste

(11) 90-Gallon Carts

(2) 90-Gallon Recycle Carts

4.5.1.3. St. Marys Police – (1) Front Load Dumpster 6 CY

4.5.1.4. US Coast Guard Facility – (1) Front Load Dumpster 6 CY

4.5.1.5. St. Marys Fire Department -

4.5.1.5.1. Dandy Street – (1) Front Load Dumpster 2 CY

(5) 90-Gallon Carts

4.5.1.5.2. Colerain Road - (1) Front Load Dumpster 2 CY

4.5.1.5.3. Cumberland Harbour - (1) Front Load Dumpster 2 CY

4.5.1.6. Aquatic Center – (1) Front Load Dumpster 6 CY

(1) Front Load Dumpster 6 CY Cardboard Recycle

4.5.1.7. St. Marys Library – (1) Front Load Dumpster 6 CY

4.5.1.8. St. Marys Senior Center – (3) 90-Gallon Carts

4.5.1.9. Howard Gilman Waterfront Park – (12) 90-Gallon Carts

(5) 90-Gallon Recycle Carts

4.5.1.10. St. Marys Intracoastal Gateway Property- (6) 90-Gallon Carts

4.5.1.11. Peace Garden – (1) 90-Gallon Cart

(1) 90-Gallon Recycle Cart

4.5.1.12. St. Marys Submarine Museum – (3) 90-Gallon Carts

4.5.1.13. St. Marys Tourism – (2) 90-Gallon Carts

4.5.1.14. Orange Hall – (2) 90-Gallon Carts

(1) 90-Gallon Recycle

4.5.1.15. Oak Grove Cemetery – (4) 90-Gallon Carts

(1) 90-Gallon Recycle Cart

4.5.1.16. Meeting Street Boat Ramp – (3) 90-Gallon Carts

4.5.1.17. Dandy Street Water Plant – (1) 90-Gallon Cart

4.5.1.18. Douglas Drive Water Plant – (1) 90-Gallon Cart

4.5.1.19. Mission Trace Water Plant – (2) 90-Gallon Cart

4.5.1.20. Point Peter WWTP:

4.5.1.20.1. Sludge Handling – (2) Roll off Container 20 CY

4.5.1.20.2. Headworks – (3) Front Load Dumpster 6 CY

4.5.1.20.3. Office – (1) 90-Gallon Cart

(1) 90-Gallon Recycle Cart

4.5.1.20.4. Firing Range – (1) Front Load Dumpster 2 CY

4.5.1.21. 200 East Bryant Street – (1) 90-Gallon Cart

(1) 18-Gallon Recycle Bin

4.5.1.22. Scrubby Bluff WWTP:

4.5.1.22.1. Sludge Handling – (1) Roll Off Container 20 CY

4.5.1.22.2. Headworks – (1) Front Load Dumpster 6 CY

4.5.1.22.3. Office – (1) 90-Gallon Cart

(1) 90-Gallon Recycle Cart

4.6. Contractor agrees to provide service for up to three (3) annual City special events at no charge (4th of July, Seafood Festival, and one other named by city) which typically involve providing roll carts (garbage and recycling) for the event and providing a garbage truck and driver for the duration of the event, included in this service is pickup of recyclable materials generated during the event.

4.7. The City is to provide work orders to the Contractor for all residential service requests, actions, start up or removal via fax or email. Residents will contact the City for service issues and requests for changes or action will be provided by the City to the Contractor.

4.8. The Contractor shall be responsible for the collection and disposal of illegally dumped piles of trash located within City rights of way as directed by the City. These piles shall be removed within two business days of notification to the Contractor by the City.

4.9. The Contractor shall also provide residential services to all Commercial Establishments and Institutional Establishments, as identified by City to Contractor as a Customer (only those with residential size cans). Contractor services to Commercial and Institutional Establishments shall not include collection of Recyclable Materials or Yard Trash.

4.10. The Contractor will be required to pay all tipping fees or other fees associated with the disposal of all solid waste covered by the Agreement. The approximate number of residential customers is currently 6,500. This scope does not include commercial customers, except those that are served by residential sized cans.

4.11. Carts and/or Recycling bins will be furnished to all residential customers at no cost to the customer or the City. The selected Contractor must furnish a written guarantee that all recyclable material collected will in fact be recycled and not taken to a land fill for disposal despite fluctuations in the recycling market.

4.12. Service should be able to be provided within 180 days of Notice by the City.

5. SERVICE REQUIREMENTS

5.1. The contactor will collect all properly prepared garbage, recyclables, yard waste and bulk pickups from each residence subscribing to collection services on the designated collection day.

5.2. Any materials set out for collection that are not in an approved container will be left at the curb along with instructional materials educating the customer about the City’s solid waste plan and recycling program. The contractor will be free to establish routes to achieve the maximum efficiency of operation. The contractor will notify the public of the collection schedule at the time service is established. All route changes must be communicated to both the City and the customers in writing, ten days prior to the effective date.

5.3. Solid Waste and Recycling Collection will typically occur at the curb.

5.4. Backdoor Collection Services is an optional service that may be chosen by physically disabled residential subscribers. The contractor will provide backdoor garbage and recycling pickup for those handicapped. Backdoor service will be provided for medically certified handicapped individuals free of charge, provided no other able-bodied person resides in the household and provided that the backdoor service has been determined to be a…