Waste_Collection_Disposal_Services_FY27.pdf

TOWN OF PAYSON

FACILITIES DEPARTMENT

REQUEST FOR BID

RFP-2026-006-TOP

WASTE COLLECTION AND DISPOSAL SERVICES

September 2026

REQUEST FOR BIDS

WASTE COLLECTION AND DISPOSAL SERVICES

SOLICITATION INFORMATION AND SELECTION SCHEDULE

Solicitation Number: RFP 2026-006-TOP

Solicitation Title: Waste Collection and Disposal Services

Release Date: Friday September 4, 2026

Question Submission Deadline: Monday September 21, 2026 by 3:00 PM

Question Response Deadline: Wednesday September 23, 2026 by 4:00 PM

Proposal Due Date and Time Thursday, October 1, 2026 by 09:00 AM

Bid Opening Thursday, October 1, 2026 at 9:30 AM

Target Town Council Award Date: Wednesday, October 14, 2026

Anticipated Agreement Start Date: November 1, 2026

Project Contact: Kyle Christiansen, Director of Capital Improvements Email: kchristiansen@paysonaz.gov Phone: 928-472-5047

*The Town of Payson reserves the right to amend the solicitation schedule as necessary.

Christina Werther Are you intending to strike the entire line?

SECTION A RFP 2026-006/TOP

TABLE OF CONTENTS

Section A Page

I. RFB Process, Award of Agreement A-1

II. Contractor Information Form A-8

Section B

Sample General Services Agreement B-1

Section C - Exhibits & Attachments

Exhibit A to General Services Agreement – Scope of Services C-1

Attachment A – Schedule C-7

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SECTION A RFP 2026-006-TOP

PART I. RFB PROCESS; AWARD OF AGREEMENT

1.1. Purpose; Scope of Work. The Town of Payson (the "Town") is seeking bids from qualified vendors to provide waste disposal services, including collection, transportation, and proper disposal of solid waste. The contract will be awarded to the lowest responsible and responsive bidder that meets all requirements outlined in this solicitation and as described in the Scope of Services attached to the sample General Services Agreement included in Section B of this RFB (the "Scope of Work").

• Group 1: Includes 90-gallon carts, and 2-, 3-, 4-, and 6-yard bins,

1.2. Preparation/Submission of Bids. Contractors are invited to participate in the competitive selection process for the Services outlined in this RFB. Contractors should review their Bids carefully to ensure the following requirements are met:

A. Irregular or Non-Responsive Proposals. Any Bid that is not submitted in accordance with the guidelines of this RFB or lacks sufficient information to assess compliance with the minimum qualifications will be considered “irregular” or “non-responsive” and may be rejected. Bids containing unauthorized conditions, limitations, or provisions may also be rejected. Furthermore, a Bid may be deemed non-responsive at any point during the evaluation process if, at the sole discretion of the Town Manager or their designee, any of the following conditions apply:

(1) The Contractor does not possess the necessary skills, experience, or qualifications to perform the required service.

(2) The Contractor has a history of failing to fully meet or execute contractual obligations.

(3) The Contractor is unable to demonstrate financial stability.

(4) The Contractor’s Bid contains false, inaccurate, or misleading information that, in the judgment of the Town Manager or their designee, appears to be intended to deceive or mislead the Town during the evaluation process.

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B. Town of Payson eProcurement Portal. The Town of Payson has partnered with

OpenGov to streamline our bid solicitation process, transitioning from a paper-based system to a fully automated, web-based electronic bidding and vendor management platform.

Contractors interested in participating can create a free account with OpenGov by signing up at:

https://procurement.opengov.com/signup

To stay informed on project updates, including responses to questions and addenda, interested Contractors are encouraged to follow this project on OpenGov.

C. Contractor Responsibilities. All Contractors are responsible for the following:

(1) Reviewing the entire RFB.

(2) Requesting clarification on any unclear items or requirements.

(3) Verifying the accuracy of all responses before submitting a Bid.

(4) Submitting the complete Bid by the designated Due Date and Time.

Late Bids will not be considered. It is the Contractor’s sole responsibility to ensure that the Bid is submitted on time and in the correct manner via the eProcurement Portal.

D. References Required: As part of this solicitation, bidders are required to provide a minimum of three (3) professional or municipal references for services similar in scope to those outlined in this bid. A reference form is included as part of this solicitation and must be completed and submitted with the bid. Each reference should include the name of the organization, contact person, phone number, and a brief description of the services provided

E. Pricing Errors. If pricing is a factor and a discrepancy arises in the extension of prices within the Proposal, the unit price will take precedence. Any specified time period in days shall be interpreted as calendar days.

F. Proposal Irrevocable. To allow for a thorough evaluation, the Town requires that all Bids remain valid and irrevocable for 90 days following the Bid Due Date and Time as specified on the cover of this RFB.

G. Amendment/Withdrawal of Proposal. A Contractor, or their designated representative, may amend or withdraw their Bid at any time before the specified Bid Due Date and Time. Once Bids have been opened, modifications will not be allowed except as permitted by applicable law. All amendments or withdrawals must be submitted via the OpenGov eProcurement Portal. Submissions via facsimile, email, or mailgram will not be accepted. No Bid may be altered, amended, or withdrawn after the specified Bid Due Date and Time.

https://procurement.opengov.com/signup

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1.3. Cost of Proposal Preparation. The Town will not reimburse any costs related to the preparation, presentation, or submission of a response to this solicitation. Proposals should be prepared in a straightforward and cost-effective manner, providing clear and concise information. All costs incurred in responding to this RFB are the Contractor’s responsibility. Furthermore, all materials and documents submitted will become the property of the Town and will not be returned.

1.4. Inquiries.

A. Duty to Examine. Each Contractor is responsible for thoroughly reviewing the entire RFB, seeking any necessary clarifications, and ensuring the accuracy of their Bid prior to submission. Failure to exercise due diligence in preparing a Bid does not justify modifications or withdrawals after the Bid Due Date and Time, nor will it be grounds for any Contract claim.

B. Written Inquiries. All questions related to the RFB, including any aspect of the Scope of Work, must be submitted in writing through the eProcurement Portal by the deadline specified on the cover page.

C. Inquiries Answered. Inquiries must be submitted in writing through the OpenGov eProcurement Portal. Verbal or telephone inquiries directed to Town staff will not be addressed, and Contractors should not rely on any verbal responses. Any verbal reply to an inquiry does not constitute an official modification of the RFB.

Within two (2) business days following the Final Date for Inquiries listed on the cover page of this RFB, the Town will post responses to all questions in the OpenGov eProcurement Portal. A notification will be sent to all vendors through the portal. No inquiries will be answered after the Final Date for Inquiries.

1.5. Addenda. Any addendum issued as a result of changes to this RFB will become an integral part of the RFB and must be acknowledged in the Town’s eProcurement Portal. Failure to acknowledge receipt of an addendum will result in the Proposal being deemed non-responsive. It is the Contractor’s responsibility to regularly check for any issued addenda.

All addenda will be posted in the eProcurement Portal, and notifications will be sent to all relevant parties.

1.6. Payment Requirements; Payment Discounts. Proposals requiring payment in fewer than 30 calendar days will not be considered. Payment discounts of 30 calendar days or less will not be factored into the Bid Price when determining the lowest Bid. However, the Town reserves the right to take advantage of any payment discounts offered, provided payment is made within the discount period. Any payment discounts must be clearly indicated on the Price Sheet.

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1.7. Public Records and Confidentiality. All Bids submitted in response to this RFB, along with all evaluation-related records, will become the property of the Town and will be considered public records, available for review following the bid opening. Contractors wishing to protect data such as trade secrets or other proprietary information must clearly identify such information as proprietary in their Bid and submit a written request for confidentiality to the Town. The Town will not guarantee the confidentiality of any portion of the Bid if a public records request is made. However, the Town will provide 72 hours' notice before releasing any materials marked as confidential or proprietary, giving the Contractor time to seek a court order to block the release of that information.

1.8. Persons with Disabilities. Individuals with disabilities may request reasonable accommodations, such as a sign language interpreter, by contacting the Procurement Officer. Requests should be made as early as possible to allow sufficient time for necessary arrangements.

1.9. Certification. By submitting a Bid, the Contractor certifies the following:

A. No Collusion. The Bid has been prepared and submitted independently, without collusion or any form of anti-competitive practices.

B. No Discrimination. The Contractor affirms that it does not discriminate against any employee, job applicant, or service recipient based on race, color, religion, age, sex, national origin, or disability. The Contractor further affirms compliance with all applicable federal, state, and local laws and executive orders concerning employment practices.

C. No Gratuity. The Contractor certifies that it has not offered, given, or promised any economic opportunity, future employment, gift, loan, gratuity, discount, trip, favor, or service to any Town employee, officer, or agent in connection with this Bid.

Additionally, the Contractor, including its employees, representatives, agents, lobbyists, attorneys, and subcontractors, has refrained from any direct or indirect contact aimed at influencing the selection process or creating bias, under penalty of disqualification. This includes interactions with the Selection Committee, elected officials, the Town Manager, Department Heads, and other Town staff. All communication must be directed to the designated Town Representative, except for inquiries made in accordance with Part I, Subsection 1.4 (Inquiries). Any attempt to influence the selection process in any way will result in the Proposal and any resulting Agreement being voided.

D. Financial Stability. The Contractor affirms that it is financially stable, solvent, and has sufficient cash reserves to meet all financial obligations, including any costs arising from an awarded Agreement.

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E. No Signature/False or Misleading Statement. The signature on the Bidder’s cover letter and the Contractor Information Form is genuine, and the person signing has the legal authority to bind the Contractor. Failure to sign these documents or providing false or misleading information will render the Proposal and any resulting Agreement void.

F. General Services Agreement. The Contractor acknowledges that it has reviewed and understands the submittal requirements, including the sample General Services Agreement, Scope of Services, and related exhibits as outlined in the Contractor Information Form.

1.10. Award of Agreement.

A. Bid submissions will be opened at 9:30 a.m. local time (Payson, Arizona) on Friday, October 1, 2026, via the Town’s eProcurement Portal. A virtual bid opening may be conducted through Zoom or Microsoft Teams within the portal, during which the bids will be publicly read aloud immediately following the submission deadline. If submissions include detailed pricing structures, only the names of the bidders will be announced at the opening. The lowest responsive bid will be determined after a thorough review by the Town.

The Town intends to award the agreement to the lowest responsive and responsible bidder, in accordance with the requirements and specifications outlined in this RFB.

Council approval of the General Services Agreement is anticipated on Wednesday, October 14, 2026.

Please note that any applicable Town transaction privilege or use tax will not be considered in the evaluation of the most advantageous Proposal.

B. Line-Item Option. Unless otherwise specified in the Bid or stated in this RFB, the Town reserves the right to award contracts based on individual line items, groups of line items, or as a total package, whichever is deemed most advantageous to the Town.

C. Multiple Award. At its sole discretion, the Town may choose to enter into Agreements with multiple Contractors who are deemed qualified to provide the Services. The final terms and conditions of each Agreement will be negotiated between the Town and the selected Contractors.

D. Form of Agreement. The selected Contractor must execute the Town’s standard General Services Agreement, which must be in a form acceptable to the Town Attorney. A sample of this agreement is included in this solicitation. Town Council approval may be required. The Town reserves the right to discontinue the selection process at any time.

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E. Waiver; Rejection; Reissuance. Notwithstanding any other provision of this RFB, the

Town reserves the right to:

(1) Waive any immaterial defect or informality.

(2) Reject any or all Proposals, in whole or in part.

(3) Cancel or reissue this RFB as deemed necessary, at the sole discretion of the Town.

F. Protests. Any interested party may file a written protest regarding a solicitation or contract award with the Procurement Officer. If the protest concerns alleged issues in the solicitation that are apparent before the submission deadline, it must be filed prior to that deadline. For all other cases, the protest must be submitted within ten (10) calendar days after the public opening of proposals, provided the proposal file is available for public inspection. The protest must include:

(1) The name, address, telephone number, and fax number of the protester (including the business name, if applicable).

(2) The original signature of the protester or an authorized representative.

(3) Identification of the solicitation or contract number.

(4) A detailed statement outlining the legal and factual grounds of the protest, along with relevant supporting documents.

(5) A specific statement of relief being requested.

(6) Upon receipt of a protest, the Town Representative will promptly notify all Contractors.

(7) Filing a protest does not preclude the Town from entering into a contract with the lowest, responsible bidder.

1.11. Offer. A Bid represents an offer to enter into a contract with the Town based on the terms, conditions, and specifications set forth in this RFB, the attached General Services Agreement, and the Contractor’s submitted Bid unless modified by a written addendum or amendment. However, no contractual relationship will be established until the Contractor has executed the General Services Agreement, and the Town has approved it in a form acceptable to the Town Attorney.

1.12. General Evaluation Standards.

A. Contract Award: The contract will be awarded to the lowest responsive and responsible bidder that meets all requirements outlined in this RFB. The Town reserves the sole right to determine the acceptability of the bidder and proposed services. Bids may be rejected if the bidder has a history of inadequate service or unsatisfactory performance, as determined solely by the Town.

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B. Right to Reject: The Town reserves the right to reject any or all Bids, in whole or in part, to accept any Bid or portion thereof, or to withhold the award, for any reason the Town deems necessary at the Town’s sole discretion. Additionally, the Town may waive or choose not to waive any irregularities in a Bid if it determines that doing so is in the best interest of the Town.

C. Disqualification: A Contractor (including its principals) who is currently debarred, suspended, or otherwise legally prohibited from participating in public procurement activities may have their Bid rejected.

D. Clarifications: The Town reserves the right to request clarifications from the Contractor as needed to fully understand the Contractor’s product, service, and/or response to the solicitation. Clarifications are intended solely to resolve ambiguities in the Bid and do not allow the Contractor to revise or modify their Bid.

E. Waiver and Rejection Rights: The Town reserves the right to reject any or all Bids, cancel the solicitation in its entirety, waive any informality or irregularity in any Bid received, and be the sole judge of the merits of the Proposals submitted.

1.13. Termination for Failure to Budget: If funds for the General Services Agreement are not appropriated or budgeted by July 1st of any fiscal year, the Town reserves the right to terminate the contract by providing written notice to the Contractor.

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PART II. CONTRACTOR INFORMATION FORM

By submitting a Proposal, the submitting Contractor certifies that it has reviewed the administrative information and draft of the General Services Agreement’s terms and conditions and, if awarded the Agreement, agrees to be bound thereto.

Contractor Submitted Proposal Federal Tax ID Number

Printed Name and Title Authorized Signature

Address City/State/Zip Code

Email Address Telephone Number

Website Date

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SECTION B RFP 2026-006-TOP

SAMPLE

TOWN OF PAYSON GENERAL SERVICES

AGREEMENT FOR WASTE COLLECTION AND

DISPOSAL SERVICES

THIS AGREEMENT is made and entered into on this ** day of **, 2026, by and between [Vendor Name], located in the Town of [Contractor City], County of [Contractor County], State of [Contractor State] (hereinafter referred to as "Contractor"), and the Town of Payson, a municipal corporation duly organized and existing under the laws of the State of Arizona (hereinafter referred to as "Town").

NOW, THEREFORE, in consideration of the compensation to be paid by the Town and the mutual covenants and agreements set forth herein, and subject to the obligations and penalties established in the applicable bonds, the Contractor, on behalf of itself, its heirs, executors, administrators, successors, and assigns, agrees as follows:

ARTICLE I – SCOPE OF WORK

The Contractor shall furnish all necessary labor, materials, equipment, transportation, utilities, services, and facilities required to provide waste collection and disposal services for the Town of Payson. All work must be performed in a professional, competent, and workmanlike manner, ensuring compliance with the Town's standards and under the supervision of [Authorized Representative] or their designated agents. The Contractor must adhere strictly to the Scope of Work and Schedule, including any written modifications or additional directives issued by the Town through the Public Works Director or their authorized representatives.

ARTICLE II – CONTRACT DOCUMENTS

The following documents are incorporated into this Contract by reference as if fully set forth herein: the Notice Inviting Bids, Standard Specifications/Scope of Work, Schedule, Special Conditions, Addenda (if any), the accepted Bid as approved by the Mayor and Council in the Council Minutes dated (Date of Council Meeting approved), Certificate of Insurance, and any Contract Amendments.

ARTICLE III – TIME OF COMPLETION

The initial term of this Contract shall be for 3 years. The Contract may be extended for up to 2 additional (1)-year periods, subject to the mutual consent of the Town of Payson and the Contractor. Price adjustments for renewal periods shall be based on the Consumer Price Index (CPI), with a maximum increase or decrease of three (3) percent per year.

ARTICLE IV – COMPENSATION

The Contractor shall be compensated in accordance with the terms set forth in the Contract Documents. The total payment for full and satisfactory completion of the work shall be (Written Amount) dollars ($000.00), plus any approved Contract Amendments. Retention shall be handled in accordance with Arizona Revised Statutes § 34-221.

Christina Werther This is how its referred to in the bid - I don’t have a preference for what we call it but want to be consistent.

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ARTICLE V – CONFLICT OF INTEREST

Pursuant to A.R.S. § 38-511, the Town of Payson reserves the right to cancel this Contract, without penalty or further obligation, if any individual significantly involved in the initiation, negotiation, securing, drafting, or execution of this Contract on behalf of the Town becomes an employee, agent, or consultant of another party to this Contract while it is in effect. In such cases, the Town may also seek reimbursement of any fee or commission paid to the involved individual from any party to the Contract.

ARTICLE VI – AMBIGUITY

This Agreement is the product of negotiations between the parties. Although drafted by the Payson Town Attorney, it represents the mutual intent of both parties. Therefore, any ambiguity shall not be interpreted against either party.

ARTICLE VII – NONDISCRIMINATION

The Contractor shall not discriminate based on race, color, national origin, religion, sex, disability, or familial status in hiring subcontractors, procuring materials, or leasing equipment. The Contractor shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, § 109 of the Housing and Community Development Act of 1974, the Age Discrimination Act of 1975, the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213), and all applicable federal regulations. Compliance with Arizona Governor Executive Orders 99-4, 2000-4, 2009-09 (as amended), and 2023-01 (as amended) is also required.

ARTICLE VIII - INDEPENDENT CONTRACTOR STATUS

The parties expressly acknowledge that the Contractor is an independent contractor and not an employee of the Town. As such, the Contractor is solely responsible for any and all taxes, FICA, withholding, unemployment insurance, and other payments required by law. The Contractor shall not represent himself as a Town employee and shall not be entitled to any benefits available to Town employees, including but not limited to workers’ compensation, unemployment insurance, social security, or retirement benefits.

ARTICLE IX - TOWN FEES

If applicable, before issuing final payment, the Town shall deduct any unpaid privilege, license, or other taxes, fees, and outstanding amounts owed to the Town by the Contractor. The Contractor shall provide all necessary documentation to determine the total amount due.

ARTICLE X– OTHER WORK IN PROJECT AREA

The Town, third-party contractors, and utility providers may be performing work in the project area concurrently with this Contract. The Contractor acknowledges that potential delays or disruptions may arise due to such work. The Contractor’s bid is presumed to account for such conditions as disclosed in the Contract Documents or identified during pre-bid inspections. No compensation will be provided for delays caused by the Contractor’s own actions or those of its

B-3 agents or subcontractors. If delays occur due to factors beyond the Contractor’s control, the Contract may be adjusted in accordance with the Delays and Extensions of Time provisions, provided the Contractor submits a timely request for a Contract Amendment. Failure to do so constitutes a waiver of any claim for additional compensation.

ARTICLE XI – RIGHT TO ASSURANCE

If the Town, in good faith, believes that the Contractor may be unwilling or unable to fulfill the Contract, the [Authorized Representative] may issue a written demand for assurance of performance. Failure to provide such assurance within the specified timeframe may result in termination of the Contract at the Town’s discretion.

ARTICLE XII – TERMINATION FOR CONVENIENCE

The Town reserves the right to terminate this Contract, in whole or in part, at any time when it is deemed in the Town’s best interest, without penalty or recourse. Upon receipt of written notice, the Contractor shall cease all work as directed, notify subcontractors of the termination, and minimize any further costs. Upon termination, all documents, data, and reports prepared by the Contractor under this Contract shall become the property of the Town. The Contractor shall be entitled to just and equitable compensation for work completed and materials accepted before the termination date.

ARTICLE XI – MISCELLANEOUS

1. The parties expressly agree that any dispute arising under this Agreement shall be resolved through a trial before the Court, with both parties waiving their right to a trial by jury. The Contractor shall include this provision in all subcontracts related to the project covered by this Agreement.

2. In the event of litigation arising from this Agreement, neither party shall be entitled to recover attorney’s fees, whether under this Contract, pursuant to A.R.S. § 12-341.01(A) and (B), or any other applicable state or federal statute, court rule, case law, or common law.

The Contractor further agrees to include this provision in all subcontracts related to the service.

3. In the event of default, neither party shall be liable for incidental, special, or consequential damages.

4. Notices: All notices required under this Agreement shall be in writing and either personally delivered or sent by prepaid postage to the following address:

Town Manager Contractor Town of Payson Name of Company 303 N. Beeline Hwy Address Payson, AZ 85541 City, State, Zip

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5. The Contractor shall not transfer or assign this Agreement, except through a subcontract, which requires prior written approval from the Town.

6. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona.

7. This Agreement represents the complete and integrated understanding between the Town and the Contractor, replacing all prior negotiations, representations, or agreements, whether written or oral. Any modifications to this Agreement must be in writing and signed by both parties. Such amendments shall be incorporated into this Agreement and shall take precedence over any conflicting provisions; however, where feasible, inconsistencies shall be resolved by interpreting the provisions as complementary and supplementary.

8. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. A waiver by either party of any term, condition, or covenant shall not be construed as a waiver of any subsequent breach of the same provision.

9. INDEMNIFICATION:

To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the Town, and each council member, officer, employee or agent thereof (the Town and any such person being called an “Indemnified Party”), for, from and, against any and all claims, damages, losses, and expenses—including, but not limited to, attorney’s fees, court costs, and appellate proceedings to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”) insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any subcontractors of any tier in the performance of this Agreement.

10. No oral order, objection, claim, or notice from either party shall amend, modify, or alter any terms or obligations of this Agreement. Any waiver or modification of any provision must be expressly agreed to in writing by both parties. In any proceeding, only written documentation of such waiver or modification shall be admissible as proof of any changes to this Agreement.

(5) INSURANCE:

A. The Contractor, along with all subcontractors, shall obtain and maintain insurance coverage throughout the term of this Contract, including any applicable warranty periods, to cover claims for bodily injury and property damage arising from or related to the work performed by the Contractor, its agents, representatives, employees, or subcontractors.

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B. The insurance requirements outlined in this Contract represent the minimum coverage required and shall not limit the Contractor’s indemnification obligations as set forth in this Agreement.

C. The Town makes no representation or warranty that the minimum insurance limits specified in this Agreement are sufficient to fully protect the Contractor from all potential liabilities arising from the work performed under this Contract. It is the Contractor's responsibility to assess and obtain any additional coverage necessary to adequately protect its interests.

D. Additional Insurance Requirements: All insurance policies shall include or be endorsed to incorporate the following provisions:

(a) In insurance policies where the Town of Payson is listed as an additional insured, the Town shall be covered as an additional insured to the full extent of the liability limits purchased by the Contractor, even if those limits exceed the minimum requirements outlined in this Contract.

(b) The insurance coverage provided by the Contractor shall be deemed primary and non-contributory, overriding any other available insurance sources.

E. Notice of Cancellation: Except for a ten (10) day notice of cancellation due to non-payment of premiums, any changes that materially affect compliance with this contract in the insurance policies outlined above must be communicated to the Town with a written notice of at least thirty (30) days.

F. Acceptability of Insurers: Insurance must be placed with insurers who hold an active A.M. Best rating of at least A-VII, unless prior approval is granted by the Town of Payson.

G. Verification of Coverage:

(a) The Contractor must provide the Town with certificates of insurance (ACORD form or an equivalent form approved by the Town), as required by this Contract. Each certificate must be signed by an authorized representative of the insurer who has the authority to bind coverage on behalf of the insurer.

(b) All certificates of insurance and any required endorsements must be submitted to and approved by the Town before work begins. Each insurance policy required under this Contract must be in effect prior to the commencement of work and must remain in effect throughout the duration of the Contract. Failure to maintain the required insurance or to provide evidence of policy renewal will be considered a material breach of the Contract.

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(c) All certificates required under this Contract should be sent directly to the Town Clerks, at clerks@paysonaz.gov or 303 N. Beeline Hwy., Payson, AZ 85541 within 15 days of contract award. The Town contract number and contract title must be clearly listed on the certificate of insurance. The Town reserves the right to request complete, certified copies of all insurance policies required by this Contract at any time.

H. Insurance Requirements: The Contractor shall maintain coverage with liability limits that are at least equal to the amounts specified below. An excess liability or umbrella liability policy may be used to satisfy the minimum liability requirements, as long as the coverage is provided on a “following form” basis:

(a) Commercial General Liability – Occurrence Form: Policy shall include bodily injury, property damage, personal injury, broad form contractual liability coverage.

• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $1,000,000

• Personal and Advertising Injury $1,000,000

• Each Occurrence $1,000,000

• Fire Legal Liability (Damage to Rented Premises) $ 50,000

The policy shall be endorsed to include the following additional insured language:

"The Town of Payson shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of, the Contractor ".

(b) Business Automobile Liability: Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract.

• Combined Single Limit (CSL) $1,000,000

The policy shall be endorsed to include the following additional insured language:

"The Town of Payson shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor ".

(c) Worker’s Compensation and Employer’s Liability:

Workers’ Compensation Statutory Employer’s Liability

Each Accident $1,000,000 Disease – each employee $1,000,000 Disease – policy limit $1,000,000 mailto:clerks@paysonaz.gov

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Policy shall contain a waiver of subrogation against the Town of Payson for losses arising from work performed by or on behalf of the Contractor.

I. All insurance required under this Agreement must be issued by an insurance company authorized to conduct business in the State of Arizona, as evidenced by a Certificate of Authority in accordance with A.R.S. § 20-217. A copy of this certificate must be attached to each applicable bond or binder.

J. Prior to commencing work under this Agreement, the Contractor must provide the Town with proof of compliance with Workers' Compensation requirements, either as a "self-insured employer" or a "carrier-insured employer" as stipulated by A.R.S.

§ 23-901 et seq. or provide evidence that it does not employ individuals subject to this coverage requirement.

(6) CONTRACTOR IMMIGRATION WARRANTY:

A. The Contractor acknowledges and agrees to comply with the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986, and the Drug- Free Workplace Act of 1989. In addition, for construction contracts, the Contractor must adhere to A.R.S. § 34-301, which prohibits the employment of non-U.S.

citizens on public works projects, and A.R.S. § 34-302, as amended, which establishes residency requirements for employees.

B. In accordance with A.R.S. § 41-4401, the Contractor warrants to the Town that both the Contractor and its subcontractors ("Subcontractors") will comply with all applicable Federal immigration laws and regulations regarding their employees, as well as A.R.S. § 23-214(A) (hereinafter referred to as the "Contractor Immigration Warranty").

C. A violation of the Contractor Immigration Warranty shall be deemed a material breach of this Contract and may result in penalties, including but not limited to the termination of this Contract, at the sole discretion of the Town.

D. The Town reserves the right to review the records of any Contractor or Subcontractor employee working under this Contract to ensure compliance with the Contractor Immigration Warranty. The Contractor agrees to fully cooperate with the Town during these inspections.

E. The Town may, at its sole discretion, perform random verifications of the employment records of the Contractor and any subcontractors to ensure compliance with the Contractor Immigration Warranty. The Contractor agrees to assist the Town in conducting these random verifications.

F. Neither the Contractor nor any Subcontractor will be considered in violation of the

Contractor Immigration Warranty if they can provide proof of compliance with the employment verification requirements outlined in Sections 274A and 274B of the

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Federal Immigration and Nationality Act, as well as the E-Verify requirements specified in A.R.S. § 23-214, Subsection A.

G. The provisions of this Article must be included in any agreement between the

Contractor and its subcontractors providing services under this Contract. "Services" are defined as the provision of labor, time, or effort within the State of Arizona by the Contractor or Subcontractor, including the construction or maintenance of any structure, building, transportation facility, or improvements to real property.

(7) ISRAEL:

The Contractor certifies that it is not currently participating in and agrees that for the duration of this Agreement it will not engage in, a "boycott" of Israel as defined in A.R.S.

§ 35-393.01.

(8) CHINA:

According to and in compliance with A.R.S. § 35-394, Contractor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Contractor will not, use:

A. the forced labor of ethnic Uyghurs in the People’s Republic of China;

B. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or

C. any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

(9) In the event of any conflict between this Agreement and other documents incorporated herein, the terms of this Agreement shall take precedence over the incorporated documents.

(10) Non-Availability of Funds: The Town's obligations under this Agreement are subject to the availability of funds that have been appropriated or allocated for this purpose. If such funds are not available or allocated for continued performance, the Town may terminate the Agreement at the end of the period for which funds are available. In the event of termination under this provision, the Town shall not incur any liability and will not be obligated to make any future payments beyond the funds available at the time of termination.

Signature lines are provided on the following page.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above.

TOWN OF PAYSON PROFESSIONAL

an Arizona municipal corporation

Steve Otto, Mayor Name, Title

ATTEST APPROVED AS TO FORM

Tracie Bailey, Town Clerk Christina Estes-Werther, Town Attorney

Pierce Coleman PLLC

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EXHIBIT A

TO

GENERAL SERVICES AGREEMENT

BETWEEN

THE TOWN OF PAYSON

AND

[Scope of Services]

See the following pages.

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SCOPE OF WORK – WASTE COLLECTION AND DISPOSAL SERVICES

1. OVERVIEW:

The Town of Payson is soliciting bids from qualified vendors to provide waste collection and disposal services. The scope includes the collection, transportation, and proper disposal of solid waste under a three-year (3) contract, with the option for two (2) additional one-year (1) extensions.

The selected Contractor will be responsible for supplying all necessary labor, materials, tools, equipment, and supervision to ensure the efficient pick-up, removal, and disposal of non-hazardous and universal waste, as well as urgent waste management services at various locations throughout the Town of Payson.

• Group 1: Includes 90-gallon carts, and 2-, 3-, 4-, and 6-yard bins.

2. TOWN CONTRACT REPRESENTATIVE:

The Town Contract Representative for this contract is Allen Rislund, (928) 951-0252. The Town Contract Representative or his designee will have sole authority to determine the acceptability of services and the quality of products delivered under this contract. Any concerns or issues that arise during the contract's performance should be addressed with the Town Contract Representative or his designee.

3. EQUIPMENT:

4.1. The Contractor shall retain ownership of all equipment provided under this contract and shall be responsible for its maintenance in accordance with manufacturer recommendations and all applicable Federal (including OSHA), State of Arizona, and local regulations.

4.2. All equipment supplied by the Contractor to the Town must be delivered free of pests, steam cleaned, and without visible damage.

4. TRASH PICKUP SCHEDULE:

Upon contract award, the Contractor shall collaborate with the Town Contract Representative to establish a pick-up schedule for all locations listed in Attachment A. All work performed under this contract must be coordinated with the Town Contract Representative. Any changes to the approved schedule require prior written approval from the Town Contract Representative.

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5. GENERAL REQUIREMENTS:

6.1. The Contractor shall be responsible for the removal and disposal of waste in a manner that prevents public hazards, environmental risks, and nuisances.

6.2. The Contractor shall provide all necessary materials, equipment, tools, labor, supervision, safety, and industry-related training, transportation, and communication methods required to fulfill the contract's service requirements. All equipment must be clean and in good working condition.

6.3. The Contractor shall ensure that all waste is properly removed and disposed of at a government-approved and regulated landfill. The Contractor must provide proof that the landfill complies with all applicable state, county, federal, and local laws, standards, and ordinances.

6.4. The Contractor shall obtain and maintain all required permits from Gila County and comply with all federal, state, and local laws, standards, and regulations throughout the contract term.

6.5. The Contractor shall be responsible for the immediate cleanup of any debris spilled during pick-up services and shall be liable for any damage to public or private property resulting from operations under this contract.

6.6. The Contractor shall immediately report, secure, and clean up any truck hydraulic spills or other types of leaks or spills. Photographic documentation of the incident and post-cleanup shall be provided.

6.7. The Contractor shall designate a primary point of contact or authorized designee.

If there is a change in this individual during the term of the contract, the Contractor must notify the Town's Contract Representative promptly.

6.8. The Contractor shall perform periodic container cleanings and replacements upon request by the Town Contract Representative to maintain sanitary conditions.

7. SERVICE REQUIREMENTS:

7.1. The Contractor shall empty containers according to the frequencies outlined in

Attachment A. The number of collections per location will be determined based on need and may be adjusted as required by the Town of Payson.

7.2. The Contractor’s representative must immediately notify the Town Contract Representative of any issues beyond the Contractor’s control, such as overflowing debris, adverse weather conditions, or damaged equipment.

7.3. The Contractor shall ensure that all containers, regardless of size or configuration, remain fully operational, well-maintained, and in good working condition.

Containers must be free of leaks and excessive odors, with properly capped drains.

All equipment must be properly maintained and positioned at designated locations.

To prevent odors and pests, the Contractor shall clean containers every six months or more frequently as needed.

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7.4. If a container is consistently overflowing, the Contractor must immediately inform the Town Contract Representative to address the issue.

7.4.1. The Town will determine whether to install a larger container or increase the pick-up frequency.

7.4.2. If a larger container is required, the Contractor must deliver the requested container size within eight (8) hours of notification from the Town Contract Representative. The Contractor must also notify the Town Contract Representative once the new container has been delivered on-site.

7.5. The Contractor shall not increase service frequency or change container sizes without prior approval from the Town Contract Representative or their designee.

8. NON-SCHEDULED/URGENT PICK-UP SERVICE:

8.1. Initial Response Time: Upon notification by the Town Contract Representative, the Contractor must respond via telephone or email within 30 minutes.

8.2. On-Site Response Time: The Contractor must arrive on-site within twenty-four

(24) hours of receiving notification from the Town Contract Representative for an unscheduled or urgent pick-up request. Upon arrival, the Contractor must immediately notify the Town Contract Representative.

9. ADDITIONS AND DELETIONS:

The Town of Payson reserves the right to add or remove containers and/or adjust the service frequency, days, or locations. The cost for any additional services or the removal of services will be based on the contract price.

10. HOLIDAYS:

If a regular service day falls on a scheduled Town holiday, janitorial services may be rescheduled to the preceding day, the next normal workday, or another mutually agreed-upon time. If no agreement can be reached, Payson will have the final decision on the pick-up and delivery day.

11. INVOICING:

Submit monthly invoices in PDF format to the Town Contract Representative by emailing them to arislund@paysonaz.gov. Each invoice must include a single line-item total for each location and should contain the following information:

• Town Purchase Order (PO) Number and Contract Number

• Invoice Number and Date

• Itemized list by location with corresponding address

• Monthly charge

• Payment Terms

• FOB Terms

• Remit To Address mailto:arislund@paysonaz.gov

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12. UNSATISFACTORY PERFORMANCE:

12.1. Upon notification of unsatisfactory performance, the Contractor shall have two (2) hours to initiate corrective action for any specific instances of inadequate cleaning performance.

12.2. Repeated instances of unsatisfactory performance or failure to comply with other terms of the contract may result in the assessment of liquidated damages and, if poor cleaning performance continues, may lead to termination or a finding of breach of contract.

12.3. Termination or breach of any portion of the contract may lead to the termination of the entire contract, as determined by the Town.

13. LIQUIDATED DAMAGES:

13.1. In addition to any other remedies available to the Town at law or in equity, the Contractor will be liable for liquidated damages, and the Town will deduct the amounts specified below for each violation by the Contractor. The parties agree that the violations outlined below will result in damages to the Town that are difficult or impossible to quantify, and the Contractor acknowledges that the amounts listed are reasonable estimates of those damages. The Town may impose liquidated damages as follows:

Item No.

Description

Fee

1. Recurring deficiencies of a similar nature exceeding three (3) occurrences within any 30-day period (across all locations)

$150 per violation

2. Failure to respond within 30 minutes of the initial notification, whether by phone or email, for unscheduled or urgent requests.

$100 per violation for each incident, up to two (2) incidents; $200 for each incident exceeding two (2) per month.

3. Failure to be onsite within 2 hours of the initial notification for unscheduled/urgent pick-up

$100 per violation for each incident, up to two (2) incidents; $200 for each incident exceeding two (2) per month.

13.2. Before imposing liquidated damages, the Town will notify the Contractor in writing. The notice will include a brief description of the time, place, and nature of the violation(s), along with the supporting facts that substantiate the violation. The Contractor will have 24 hours from the date and time of the notice to respond in writing. The frequency of such notices is expected to be minimal, with a maximum of three (3) annually.

13.3. The Contractor must resolve any violation within three (3) business days from the date the notice of violation is sent by the Town. If the issue is not corrected within this time frame, liquidated damages may be applied at the discretion of the Town Representative. Repeated violations may lead to a breach or termination of the contract.

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13.4. All amounts owed by the Contractor are due to the Town within 30 calendar days from the notice of violation. The amount will be deducted from the Contractor's invoice in the following month's billing statement.

14. ACCIDENT AND DAMAGE TO PROPERTY REPORTS

The Contractor shall submit a written report to the Town Contract Representative or designee within 24 hours of any damage caused by its employees to buildings, fixtures, equipment, or vehicles. The report must include photographs of the damage. The Contractor may be held responsible for the cost of repair or replacement of any damage caused by their employees.

15. TRANSITION OF CONTRACT:

15.1. Upon award of a new contract, the Contractor must work closely with the Town of Payson and the incumbent service provider, as needed, to ensure a smooth transition and uninterrupted waste removal and disposal service.

15.2. Upon contract termination or expiration, the Contractor must collaborate with the Town of Payson and the incoming Contractor, as needed, to facilitate a seamless transition and ensure continuous waste removal and disposal services.

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ATTACHMENT A

FACILITIES SERVICE WASTE COLLECTION

LOCATIONS AND SCHEDULE

Dept. Address No. Container Frequency

Airport 802 W. Airport Rd. 1 3-yard bin Once Weekly

Parks Rumsey Park 37 90-gal cart Once Weekly (01/01-02/28) Twice Weekly (03/01-12/31)

Parks Rumsey Park (Softball Fields) 1 6-yard bin Once Weekly (03/01-09/30)

Will call as needed (10/01-02/28)

Parks Rumsey Park (Maintenance Shop) 1 6-yard bin Once Weekly (03/01-09/30)

Will call as needed (10/01-02/28)

Parks Green Valley Park 13 90-gal cart Once Weekly (01/01-2/28) Twice Weekly (03/01-12/31)

Parks

Green Valley Park 1-Middle GVP 1-North GVP

6-yard bin

Once Weekly

Parks Green Valley Park (Parks Administration) 1 6-yard bin Once Weekly

Event Center 1400 S Beeline Hwy 1 6-yard bin Once Weekly (03/01-09/30) Will call as needed (10/01-02/28)

Town Hall 303 N. Beeline Highway 1 6-yard bin Once Weekly

Police 303 N. Beeline Highway 1 4-yard bin Once Weekly

Streets 1002 W. Airport Rd. 1 6-yard bin Once Weekly

Library 328 N. McLane Rd. 1 2-yard bin Once Weekly

Fire 400 W. Main Street 1 3-yard bin Once Weekly

Fire 108 E. Rancho Rd. 1 3-yard bin Once Weekly

Fire 103 S. Rim Club Parkway 1 2-yard bin Once Weekly

Water 504 N. McLane Rd. 1 3-yard bin Once Weekly

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EXHIBIT B

TO

GENERAL SERVICES AGREEMENT

BETWEEN

THE TOWN OF PAYSON

AND

[Fee Proposal as Included in Open Gov]

See the following page.