RFP Solid Waste Commercial Final PDF.pdf

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Request for Proposal for

Commercial Roll Off

Solid Waste

Collection Services

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City of Adairsville 116 Public Square Adairsville, GA 30103

Phone: 770-773-3451

SUBJECT: Commercial Roll Off Solid Waste Collection Services

You are invited to submit a proposal to the City of Adairsville, Georgia for Commercial Roll Off Solid Waste Collection Services.

Attached hereto are the general conditions, technical specifications, and submittal format.

The written requirements contained in this Request for Proposal (RFP) shall not be changed or superseded except by written addendum from The City of Adairsville City Manager. Failure to comply with the written requirements for this RFP may result in disqualification of the submittal by The City of Adairsville.

Submittals are to be sealed, marked with the vendor's name and address, and labeled:

“Commercial Roll Off Solid Waste Collection Services”, and delivered to:

Attn: City Clerk, Lisa Donald

*Make sure to include a cover page with contact name and information for communications.

The City of Adairsville reserves the right to reject any and all submittals, to waive any technicalities or irregularities, and to award contracts based on the highest and best interest of the city.

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CITY OF ADAIRSVILLE, GEORGIA

REQUEST FOR PROPOSAL

FOR

COMMERCIAL ROLL OFF SOLID WASTE COLLECTION SERVICES

SECTION I - RFP OVERVIEW

1.0 Purpose:

The City of Adairsville is issuing this Request for proposal (RFP) for Commercial Roll Off Solid Waste Collection Services.

1.1 Information & Timetable:

RFP Timetable The anticipated schedule for the RFP is as follows:

RFP Available July 26, 2024

Deadline for questions August 5, 2024

Submittal deadline August 12, 2024, by 12:00pm local time prevailing.

1.2 RFP Submission:

All copies (See section 1.16) of the complete signed submittal must be received by the deadline listed in section 1.1. Proposals must be submitted in a sealed envelope stating on the outside the vendor's name, address, and title (Commercial Roll Off Solid Waste Collection Services) to:

Attn: City Clerk Lisa Donald

Hand delivered copies may be delivered to the above address ONLY between the hours of 8:00 a.m. and 5:00 p.m. ET, Monday through Friday, excluding holidays observed by the City of Adairsville.

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Vendors are responsible for informing any Commercial Roll Off delivery service, if used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service. The Submittal must be signed by a company officer who is legally authorized to enter into a contractual relationship in the name of the vendor.

Bids received electronically will be rejected.

1.3 Contact Person & Inquires:

Vendors are encouraged to contact Pam Madison 770-773-3451 ext. 107, via email or pmadison@adairsvillega.net to clarify any part of the RFP requirements. All questions that arise must be submitted by the question deadline and shall be directed to the contact person in writing via facsimile or email. Any unauthorized contact shall not be used as a basis for responding to this RFP and also may result in the disqualification of the vendor's submittal.

1.4 Additions Information / Addenda:

The City of Adairsville 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.

Addenda will be published at www.adairsvillega.net under the Business tab. Vendors are encouraged to check this site regularly for immediate access to issued addenda. RFP information can also be requested as stated above (1.3).

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.

1.5 Late Submittal, Modifications, & 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 Adairsville assumes no responsibility for the premature opening of a proposal not properly addressed and identified, and/or delivered to the proper designation.

1.6 Rejection of Proposals:

The City of Adairsville 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 as stated in the notice will not be considered.

1.7 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

5 | Page 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 Adairsville 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.

1.8 Costs Incurred by Vendors:

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

1.9 RFP Opening:

RFP submittal package will be opened and reviewed by a selected committee. A list of names of firms responding to the RFP may be obtained from the City Clerk, Lisa Donald, after the RFP due date and time stated herein.

1.10 Taxes:

Selected vendor will be provided with the City of Adairsville Sales and Use Tax Certificate of Exemption number upon request.

1.11 Vendor Information:

All submissions shall include a current W-9. Vendors whose place of business is other than the State of Georgia may be required to provide the Purchasing Agent with copies of your state’s regulations and/or laws concerning the application of certain vendor preference requirements to vendors whose place of business is in the applicable state. Failure to provide this information will result in the disqualification of the vendor from submitting a proposal.

1.12 Insurance:

Selected vendor will be required to provide proof of liability and workman’s compensation insurance before work can begin on this City’s project. The minimum requirements are listed in section 2.5.

1.13 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.

1.14 Anti-Discrimination:

By submitting a response to this RFP, all prospective contractors certify to The City of Adairsville they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended. In every contract of over $10,000 the provisions in 1.14.1 and 1.14.2. apply:

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

1.14.2 The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

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1.14.3 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.

1.14.4 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.

1.14.5 The contractor will include the provisions of 1. above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

1.15 Illegal Immigration Reform and Enforcement Act of 2011:

Vendors submitting a response to this RFP must complete the Contractor Affidavit under O.C.G.A. §13-10-91(b)(1) which is provided with the RFP package to verify compliance with the Illegal Immigration Reform and Enforcement Act of 2011.

1.15.1 The form must be signed by an authorized officer of the contractor or their authorized agent.

1.15.2 The form must be notarized.

1.15.3 The contractor will be required to have all subcontractors and sub-subcontractors who are engaged to complete physical performance of services under the final contract executed between the City and the contractor complete the appropriate subcontractor and sub-subcontractor affidavits and return them to the City a minimum of five (5) days prior to any work being accomplished by said subcontractor or sub-subcontractor.

Format for this affidavit can be provided to the contractor if necessary.

1.16 Submission Requirements:

To facilitate evaluation of proposals please submit the following:

1.16.1 Three (3) paper versions of the RFP. The original shall be clearly marked “original”.

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

1.17 Acceptance:

Submission of any proposal indicates acceptance of the conditions contained in the RFP unless clearly and specifically noted otherwise in the proposal.

1.18 City Government:

The City of Adairsville operates under a council-manager form of government. This system of local government utilizes the strong political leadership of elected officials in the form of the City Council. The City Manager is hired to serve the council and the community and to bring the local government the benefits of training and experience in administering local projects and programs

7 | Page on behalf of the governing body. It is anticipated that the vendor may be required to make one or more appearances at City Council meetings to answer questions and present results. The documentation provided in this request for proposal is intended to provide a common methodology of development and basic technical skills for proposal purposes.

SECTION 2 – SUBMISSION REQUIREMENTS

Purpose: The purpose of this document is to provide information to Proposers’ for submitting a proposal to supply the City with the services contained within.

2.0 How to Prepare Proposals:

All proposals shall be prepared on the forms enclosed, along with written explanations where applicable.

2.0.1 Typewritten or completed with pen and ink and signed by the Proposers’ authorized representative. Each proposal constitutes an offer and may not be withdrawn except as provided herein.

2.0.2 Completed in their entirety containing all information required by the RFP.

2.0.3 Submitted in a sealed package, plainly marked with the title “Commercial Roll Off Solid Waste Collection Services.” along with the name and address of the Proposer.

2.0.4 Mailed or delivered in sufficient time to ensure receipt by the City’s Designated Contact on or before the date and time specified. RFPs not received by the time and date specified will not be opened.

2.0.5 Contained and organized to show the name of the Proposer and the title of the RFP on the front cover. The contents of the proposal shall be identified with eight (8) tabbed sections, as follows:

1. Proposal Forms: This section should include the Proposal Pricing Form, Non-Collusion Affidavit, and the Employment Eligibility Form.

2. Company Information: This section should contain the name, address, history, and current description of Proposer.

3. Financial Information: This section should contain a copy of the

Proposers’ Business License, Tax ID Form W-9, Proof of Insurance and evidence of bondability.

4. Experience & References: This section should contain a description of curbside solid waste collection experience in the State of Georgia. Include at least three (3) references for city contracts with the same or a greater population than (Adairsville, Georgia). Each reference must include the number of homes served and a summary of the type and frequency of service.

5. Service Proposal: This section should describe the Proposers’ approach to each of the required services including the type of equipment to be used, 8 | Page routing strategy, intended disposal site, customer service plan, implementation plan, and any operational standards related to hiring, training, and safety. This should also include details of the proposed method of electronic reporting and communications as well as adjustments to service on holidays.

6. Promotion & Education: This section should include a description of the Proposers’ commitment to promoting, educating and informing residents of program information and any changes in service. Samples of materials used in other Georgia cities should be included.

7. Alternate Proposals & Exceptions: This section should contain a list of items from the standard service requirements that the Proposer is not capable of, or willing to, deliver. This section may also include alternative approaches to the management and service delivery of the City’s’ solid waste program. Pricing for alternative proposals must also be included in this section.

8. Miscellaneous: This section should contain any additional information that the Proposer would like to present.

2.1 Forms Requiring Signature:

The following forms shall be included in the proposal submission and must be signed by an authorized representative of the Proposer.

2.1.1 Proposal Pricing Forms: By signing and submitting the proposal forms, Proposer acknowledges that it understands and accepts, other than those listed as “Exceptions”, all of the conditions, requirements and specifications of this RFP.

2.1.2 Non-Collusion Affidavit: By signing and submitting this affidavit, Proposer declares that its agents, officers, or employees have not directly, or indirectly entered into any agreements, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal.

2.1.3 Immigration Compliance Requirements:

2.1.3.1.1 E-Verify Requirements: Contractor hereby verifies that it has, prior to executing this Agreement, executed an E-Verify Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit C, and submitted such affidavit to the Local Government in person, electronically, or by mail.

2.1.3.1.2 SAVE Requirements: Pursuant to O.C.G.A. § 50-36-1, the local Government must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor’s legal status in the country each time that Contractor obtains a public benefit, including any contract, from the Local Government. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10- 71), a form of which is attached hereto as Exhibit D, and submitted such affidavit to the Local Government in person, 9 | Page electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document evidencing the Contractor’s legal status to the Local Government either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). Employment Eligibility Verification: The Georgia Security and Immigration Act of 2006, as of July 1, 2009, requires all contracts with local governments to be accompanied by a certification from the Contractor that they comply with the Georgia Security and Immigration Act of 2006. Proposers’ must execute and submit a Contractor Affidavit. If Sub-Contractors are engaged, they are required to execute the Sub-Contractor Affidavit. These affidavits are attached.

2.2 Bonding Requirements:

Upon execution of the agreement the Proposer shall have 14 days to provide to the City a Performance Bond in an amount equal to the annual revenue. The Performance Bond shall be renewed annually.

2.3 Indemnification & Hold Harmless:

The Contractor covenants and agrees to take and assume all risk and responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting on account of the performance or character of the Work rendered and materials used pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the Local Government, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as (“Local Government 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 alleged or result from the Work and materials used, the performance of contracted services, or the actions otherwise of the Contractor or any subcontractor or anyone directly or indirectly employed by the Contractor or subcontractor or anyone else for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the actions are 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 Local Government or Local Government Parties. These obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any party or person described in this provision. Furthermore, in the event of any and all claims against the Local Government or Local Government Parties by any employee of the Contractor or any subcontractor or 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 Contract or any subcontractor

10 | Page under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Local Government and Local Government 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, or the materials used during the performance of this Agreement.

2.4 General Insurance, Workers’ Compensation:

2.4.1 Requirements: The Contractor 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 or the materials used by the Contractor, its agents, representatives, employees, or subcontractors. All policies shall be subject to approval by the Local Government’s Attorney as to form and content.

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

2.4.2.1 Commercial Roll Off 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.

2.4.2.2 Commercial Roll Off 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.

2.4.2.3 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.

Coverage Minimum Limits of Liability

Workers Compensation Statutory

Employer Liability $100,000/$500,000 General Liability Bodily Injury $1,000,000 each occurrence Property Damage $5,000,000 aggregate Automobile Liability Bodily Injury $1,000,000 each person $1,000,000 each occurrence Property Damage $1,000,000 each occurrence Excess Umbrella Coverage $3,000,000 each occurrence

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2.4.3 Self-Insured Retentions:

Any self-insured retentions must be declared to an approved by the Local Government so that the Local Government may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance.

2.4.4 Other Insurance Provisions: The policy is to contain, or be modified or endorsed to contain, the following provisions:

2.4.4.1 General Liability and Automobile Liability Coverage Requirements:

2.4.4.1.1 The Local Government and Local Government Parties

are to be covered as and named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; materials used in providing the services the subject of the Agreement; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; and automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Local Government or Local Government Parties.

2.4.4.1.2 The Contractor’s insurance coverage shall be primary and noncontributory insurance as respects to any other insurance or self-insurance available to the Local Government or Local Government Parties. Any insurance or self-insurance maintained by the Local Government or Local Government Parties shall be in excess of the Contractor’s insurance and shall not contribute with it.

2.4.4.1.3 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Local Government and Local Government Parties.

2.4.4.1.4 Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought.

2.4.4.1.5 Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross- liability exclusion.

2.4.4.1.6 The insurer shall waive all rights of subrogation against the Local Government and Local Government Parties for the losses arising from work performed by the Contractor for the Local Government.

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2.4.4.1.7 All endorsements to policies shall be executed by an authorized representative of the insurer.

2.4.4.2 Workers’ Compensation Coverage:

The insurer providing Workers’ Compensation Coverage will waive all rights of subrogation against the Local Government and Local Government Parties for losses arising from work performed by the Contractor for the Local Government.

2.4.4.3 All Coverages:

2.4.4.3.1 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) days prior written notice (or 10 days if due to non-payment) has been given to the Local Government. Such prior written notice shall be sent directly to: [City of Adairsville, Attn:

City Clerk, 116 Public Square, Adairsville, Ga 30103].

2.4.4.3.2 Policies shall have concurrent starting and ending dates.

2.4.4.4 Acceptability of Insurers:

Insurance is to be placed with insurers with an A.M. Best Rating of no less than

A-: VII.

2.4.4.5. Verification of Coverage:

Contractor shall furnish the Local Government with certificates of insurance and endorsements to the policies evidencing coverage required by this Article prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the Local Government prior to execution of this Agreement by the Local Government. The Local Government reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage.

2.4.4.6 Claims-Made Policies:

Contractor shall extend any claims-made insurance policy for no less than six (6) years after termination or final payment under the Agreement, whichever is later.

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SECTION 3 - GENERAL CONDITIONS

The successful Proposer will conform to all Federal, State, and Local laws and ordinances regarding commercial roll off solid waste collection services.

3.0 Exclusivity:

The successful Proposer will receive the exclusive right to Commercial Roll Off solid waste collection services performed within the city limits. Materials included in this exclusivity are Commercial Roll Off solid waste collection as they have been defined in the Georgia Comprehensive Solid Waste Management Act of 1990.

This RFP includes all containers greater than eight (8) cubic yards as outlined in the Proposal Pricing Form on pages twenty-three (23) and twenty-four (24).

3.1 Franchise Fee:

Contractor shall pay the City a quarterly franchise fee in the amount of five percent (5%) of the amount the Contractor collection from its customers under this Agreement, excluding those amounts collected from customers for repair or replacement of containers. Contractor shall pay the franchise fee quarterly, in arrears, within thirty (30) days after the end of each quarter.

3.2 Independent Contractor:

Contractor hereby covenants and declares that it is an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the Local Government. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies, and/or materials necessary to complete the work; hiring of consultants, agents, or employees to complete the work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the Local Government the right to direct Contractors to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the Local Government with regard to the results of such services only.

3.3 Contract Term:

The contracted term of service will begin on October 1, 2024, for a period of five (5) years ending on September 30, 2029.

3.3.1 The term of service shall be one (1) year with four (4), one (1) year renewal options pending agreement of both parties. Should either the City or contractor elect not to renew and extend the contract for an additional one (1) year period, notice must be given, by certified mail (return receipt requested) to the other party in writing not less than ninety (90) days prior to the expiration of the Contract.

3.4 Performance Bond:

A Performance Bond is required in the amount of 100% of the total projected cost of the first year of the Contract, based on the number of customers to be serviced. This amount is to be calculated using the total provided by the City of Adairsville.

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3.5 Prosecution of Work:

The Contractor will begin work upon receipt and acknowledgement of the “Notice to Proceed '' as disseminated by the City, within ten (10) working days of said notice. The Contractor will begin work with adequate labor, equipment, and materials to allow for successful completion of the project in the allotted time frame.

3.6 Coordination of Work:

Within ten (10) working days following “Notice to Proceed” (NTP), the contractor will provide a projected collections schedule, reflecting the list of addresses provided to the Contractor by the City.

3.7 Rate Adjustments:

3.8.1 CPI:

3.9.1.1 Rate firm for 1st year of contract.

3.9.1.2 Years 2-4 the Contractor and the City will use the following calculation for the CPI. Consumer Price Index (CPI) for All Urban Consumers: Water, Sewer, and Trash Collection Services (CUUR0000SEHG) as published by the U.S.

Department of Labor, Bureau of Labor Statistics.

3.8.2 Adjustable Fuel Surcharges: The base rate for fuel will be based on the average, on highway, price of diesel over the most recent 12-month period as reported by the U.S. Energy Information Administration for the Lower Atlantic Region. In the event that the average cost of fuel increases over 10% a fuel surcharge may be added. Once the rate drops below the 10% threshold the surcharge will be removed. Calculations and adjustments shall occur quarterly.

3.8.3 Unforeseen Increases: In the event that the Contractors’ operational costs are increased due to changes in governmental regulations or disposal fees, the Contractor may submit a request for an increase including a cost analysis that demonstrates a proof of need. This increase will need approval of the Mayor and City Council.

3.8 Licenses, Permits, Etc.:

The Contractor covenants and declare that it as well as its employees, agents and subcontractors (inclusive of subcontractor’s employees and agents) have obtained and possess all diplomas, certificates, licenses, permits or the like required of the Contactor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. All work performed under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.

3.9 Exception or Waivers:

No failure by the Local Government to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the Local Government at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect

15 | Page the Local Government’s right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement.

3.10 Holiday Schedule:

No collections shall be required on the nine annual legal holidays. Each pick-up day of the holiday week after the holiday will be serviced one day late. The Contractor shall provide to the City a list of the Contractor’s recognized holidays.

3.11 Assignability:

The contract shall not be assignable or transferable by the Contractor, nor shall any service be performed by a subcontractor for the Contractor without the prior written consent of the City.

3.12 Complaint Resolution:

Should Contractor miss the collection of any of the services from a customer and fail to resolve the complaint on the same day as reported, then a credit of Fifteen Dollars ($15.00) per missed service shall be credited on the next bill.

3.13 Force Majeure:

Contractor shall not be liable for failure to perform for reasons beyond its control which may include, but are not limited to, acts of the government, fires, floods, strikes, epidemics, quarantine restriction, freight embargoes, unusually severe weather, or other Acts of God.

3.14 Emergency Failure to Perform:

In the event of an emergency or failure by the Contractor to be able to adequately perform Commercial Roll Off waste collection services, the Contractor shall immediately contact the Customer Services Office of the City. If a live voice-to-voice conversation is not possible, the Contractor shall contact the Police Department or the police provider for the City. The Contractor shall follow the instructions of the City to insure the public health, safety, and welfare of the City.

3.15 Damages:

The Contractor shall be responsible for all damage or injuries to property of any character, resulting from any act, omission, negligence, or misconduct in the prosecution of the Work or resulting from the materials used. When any direct or indirect damage or injury is done to public property by or on account of any act, omission, negligence or misconduct in the execution of the work, the Contractor shall either restore at his own expense such property to a condition similar, or equal to that existing before such damage or injury occurred; or shall make good such damage or injury in a manner acceptable to the owner of the damaged property, and to the Owner’s Representative.

3.16 Liquidated Damages:

The Contractor shall pay as liquidated damages in the amount of Five Hundred Dollars per day for failure to comply with the provisions of the contract for service.

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3.17 Failure to Perform:

In addition to the provisions of the Performance Bond, if the Contractor fails to service the city on a timely basis, the Contractor shall forfeit payment for services not performed unless remedied to the satisfaction of the City or caused by an act of God.

SECTION 4 – SCOPE OF SERVICES

The City requires solid waste collection services for Commercial Roll Off collection services within city limits. The equipment to be used, materials to be collected, service frequencies and all other requirements are listed below.

4.0 Commercial Roll Off Solid Waste Collection Services

4.0.1 Commercial Roll Off Waste Services: Vendor shall provide solid waste collection and disposal services to Commercial Roll Off units for Commercial Roll Off refuse placed in the vendors’ containers. The vendor will, within three (3) working days written notification by the city/vendor, provide collection services at the same quality and frequency and at the same rate as otherwise provided by the vendor to other Commercial Roll Off units within the service area.

The City/vendor notification shall set for the number and size of the containers required and the frequency of the service to be provided.

4.0.2 Collection Day: Once services commence, the vendor and Commercial Roll Off customer will determine the date and frequency of the service to be provided.

Dumpsters shall be serviced on the scheduled pick-up days as per arrangement with the city and the vendor.

4.1 Disposal Requirements:

The preferred disposal site is the Bartow County Solid Waste Landfill located at 40 Allatoona Dam Road, Cartersville, GA 30120. Depending on the type of waste, other disposal sites may be acceptable.

4.2 Collection Vehicles:

Contractor is to furnish the necessary vehicles for the collection of solid waste. The vehicles must not leak and must be provided with tops or coverings to guard against spillage, and shall conceal said contents from view; said vehicles are to be kept covered or closed at all times except when being loaded or unloaded.

4.3 Customer Service Standards:

All complaints received by the Contractor or City before 1:00 p.m. shall be resolved by 6:00 p.m. on the day the complaint was received. All complaints received after 1:00 p.m. shall be resolved by noon the next day. The Contractor shall maintain a daily log of all complaints received and time that complaint was resolved. The Contractor shall provide a monthly report to the City, which will include copies of the daily reports for the prior month.

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4.4 Customer Service Center:

Contractor will operate and maintain a Customer Service Center with the following minimum standards:

4.4.2 Open between the hours of 8:00 a.m. and 5:00 p.m. Monday through Thursday, during such time calls must be answered by a Customer Service Representative.

4.4.3 During all other times, calls to the Customer Service Center will be received by an answering service or machine.

4.4.4 The Contractor should implement procedures approved by the city whereby complaints can be received via fax, email, and website.

4.5 Collections:

No collection shall be made before 7:00 a.m. or after 6:00 p.m., except by express authorization of the City Manager or their designee. No collections shall be made from any types of premises on Sundays. Saturdays will only be allowed for missed pick-ups and holiday weeks as described above.

4.6 Personnel:

All personnel associated with the delivery of service shall be hired, trained, and receive on-going safety training through an organized human resource management process that includes, but is not limited to, background checks, driving record reviews, and a committed drug-free workplace program.

● The Sanitation Services Company shall ensure the following, regarding personnel:

● The Contractor’s personnel must be in a company uniform (shirt, at least), to be defined by the Contractor in the bid submittal and must be recognizable as representative of the Contractor’s company. The uniform must be maintained, clean, and in good repair.

● The Contractor’s personnel must maintain a clean appearance.

● The Contractor must maintain a courteous demeanor when dealing with the residents and businesses of the City of Adairsville.

● At no time will the Contractor or its personnel search through the garbage that is collected in the City.

4.7 Cleanliness:

In the collection of solid waste, the Contractor and its employees shall not place the same upon or suffer the same to be placed, or scattered upon any public place, or private street, alley, or drive can, or lid damaged by it or its employees and upon collection leave the premises in a neat and clean condition. Contractor will not be allowed to transfer solid waste from truck to truck in residential areas except where small pick-up trucks are utilized in certain areas of the City and need to dispose their loads into a larger vehicle. In addition, the Contractor will not be allowed to store containers of any kind in common areas or in the City right-of-way. If an unsightly or unsanitary condition results from an action of the Contractor, the Contractor shall respond within four (4) hours of receipt to the satisfaction of the City.

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4.8 Communications & Reporting:

Contractor shall provide an internet/email-based system for the communication of all service requests from the City’s customer service representatives to the Contractor. All requests shall be tracked, recorded, and reported monthly showing the date, type, and resolution of each request.

4.9 Volume Report:

Prior to the fifteenth of the following month, the Contractor shall complete the trash monthly volume report. No payment shall be sent to the Contractor where the City pays the bill unless the volume is current.

4.10 Billing & Payments:

The Contractor will be responsible for billing each Commercial Roll Off customer.

4.11 Franchise Fee:

The Contractor shall pay the City a quarterly franchise fee in the amount of 5% of the amount Contractor collection from its customers, excluding those amounts collected from customers for repair or replacement of containers. Contractor shall pay the franchise fee quarterly, in arrears, within thirty (30) days after the end of each quarter.

4.12 Dispute Resolution:

Any dispute between Owner and Contractor, if possible, should be resolved between the two parties without resorting to litigation. In the event that the two parties cannot resolve the conflict, all dispute resolution actions must be pursued within the boundaries of the City of Adairsville.

SECTION 5 – SUBMISSION FORMS

5.0 Submission Forms:

The following forms must be included with each proposer's submission.

1. Execution of proposal

2. Non-Collusion Affidavit

3. Addenda Acknowledgment

4. Georgia Security and Immigration Compliance Act Affidavit

5. Proposal Pricing Forms

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EXECUTION OF PROPOSAL

DATE: ____________________

The potential contractor certifies the following by placing an "X" in all blank spaces:

___ That this proposal was signed by an authorized representative of the firm.

___ That the potential Contractor has determined the cost and availability of all materials and supplies associated with performing the services outlined herein.

___ That all labor costs associated with this project have been determined & detailed in the proposal, including all direct and indirect costs.

___ That the potential Contractor agrees to the conditions as set forth in this Request for Proposal with no exceptions.

Therefore, in compliance with the foregoing Request for Proposal, and subject to all terms and conditions thereof, the undersigned offers and agrees, if this proposal is accepted within sixty (60) days from the date of the opening, to furnish the services for the prices quoted within the timeframe required.

Business Contact Representative

Operational Contact Representative

Vendor’s Name Federal ID #

Address

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Phone Fax

Email

Authorized Signature Date

Typed Name & Title

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ADDENDA ACKNOWLEDGEMENT

The vendor has examined and carefully studied the Request for Proposals and the following Addenda, receipt of all of which is hereby acknowledged:

Addendum No. _______________

Authorized Representative/Title Authorized Representative (Date) (Print or Type) (Signature)

Vendors must acknowledge any issued addenda. Proposals which fail to acknowledge the vendor’s receipt of any addendum will result in the rejection of the offer if the addendum contained information which substantively changes the Owner’s requirements.

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GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT

Name of Contracting Entity: ________________________________________ Contract No. and Name: ____________________________________________

Contract Date: ____________________________________________

By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13‐10‐91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Adairsville has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E‐Verify,* in accordance with the applicable provisions and deadlines established in O.C.G.A.

§ 13‐10‐91.

The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13‐10‐91(b).

The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Adairsville at the time the subcontractor(s) is retained to perform such service.

EEV / E‐Verify User Identification Number Date of Authorization

BY: Authorized Officer or Agent Date

(Name of Person or Entity)

Title of Authorized Officer or Agent Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20__

________________________________________ [NOTARY SEAL]

Notary Public

My Commission Expires: ___________________

* or any subsequent replacement operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986

(IRCA), P.L. 99‐60

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PROPOSAL PRICING FORM

Proposal for Commercial Roll Off Solid Waste Collection Services – Contractor bills customers (cost and rates must include all fees, charges, surcharges, and franchise fee.)

Proposal for Commercial Roll Off Collection

Dumpster Pricing: Lease/Rental Fee per Month:

Haul Fee: Per Ton Fee:

Cubic Yards Trash Open-Top Containers:

10 yard

20 yard

30 yard

40 yard

Cubic Yards OCC Open-Top:

Trash Packers:

35 yard

OCC Packers:

35 yard

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Self-Contained Units:

15 yard

34/35 yard

40 yard Receiver

Stationary Compactor ---------------- -------------------

Open-Top Containers

10 yard

One Time Delivery $ _____________________

Set Up Fee $ _____________________

Extra Pick-Up Rate $ _____________________

Rental Charge Per Month $ _______________________

Wash Out Fee $ ________________________

Removal Fee $ ________________________

Replacement Keys (per key) $ ______________________

Blocked Container Charge $ ______________________

Dry Run (False Trip) Charge $ _____________________

*Please list any additional Charges not listed in the RFP.

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NO-COLLUSION AFFIDAVIT

The following affidavit is to accompany the bid:

STATE OF _________________

COUNTY OF _______________

Owner, Partner or Officer of Firm

Company Name, Address, City and State being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the bidder to submit the attached bid. Affiant further states as bidder, that they have not been a party to any collusion among bidders in restraint of competition by agreement to bid at a fixed price or to refrain from `the City of Adairsville or any of their employees as to quantity, quality or price in the prospective contract;

and that discussions have not taken place between bidders and any office of the City of Adairsville or any of their employees concerning exchange of money or other things of value for special consideration in submitting a sealed bid for:

Firm Name

Signature

Title

Subscribed and sworn to before me this ______ day of _______________, 20____.

Notary Public