RFP# 19-224-G REQUEST FOR PROPOSALS FOR SOLID WASTE

RFP# 19-224-G

REQUEST FOR PROPOSALS FOR

SOLID WASTE TRANSFER STATION OPERATIONS

Schedule of Events EVENT DATE RFP Issue Date ................................................................................................ 7/29/2019 Offerors Conference non-mandatory .................................................... 8/12/2019, 2:00 PM Deadline for Receipt of Written Questions…………………………………………….8/15/2019, 2:00 PM RFP Response Due Date ..................................................................... 8/23/2019, 2:00 PM RFP Opening ..................................................................................... 8/23/2019, 2:30 PM Tentative Award Date ....................................................................................... 9/23/2019

(All time references in this document are understood as Local Time for Roswell, GA.)

Questions must be asked via the form located HERE.

Submit Proposals to: Greg Anderson City of Roswell

Purchasing Division 38 Hill Street, Suite 130 Roswell, Georgia 30075

https://form.jotform.com/82504253673153

City of Roswell RFP# 19-224-G page 2 of 31

TABLE OF CONTENTS 1 RFP INSTRUCTIONS ................................................................................................................ 5

2 RFP RECEIPT AND EVALUATION PROCESS ................................................................................ 8

3 SCOPE OF PROJECT/SPECIFICATIONS .................................................................................... 10

4 OFFEROR QUALIFICATIONS .................................................................................................. 11

5 EVALUATIONS ...................................................................................................................... 15

6 TERMS AND CONDITIONS ..................................................................................................... 15

7 EXHIBIT A – Corporate Certificate Form .................................................................................. 22

8 EXHIBIT B – Contractor Affidavit under O.C.G.A. §13-10-91(b)(l) .............................................. 23

9 EXHIBIT C- SAMPLE CONTRACT ............................................................................................. 24

10 EXHIBIT D – FINANCIAL PROPSOAL FORM .......................................................................... 32

11 EXHIBIT E – BACKGROUND AND SCOPE OF SERVICES ......................................................... 33

12 EXHIBIT F – STATEMENT OF ORGANIZATION...................................................................... 40


PROPOSAL LETTER AND CERTIFICATION

(FAILURE TO INCLUDE THIS SIGNED PROPOSAL LETTER AND CERTIFICATION MAY RESULT IN THE

REJECTION OF YOUR PROPOSAL.)

We propose to furnish and deliver any and all of the deliverables and services named in the attached

RFP 19-224-G SOLID WASTE TRANSFER STATION OPERATIONS for the City of Roswell.

It is understood and agreed that this Proposal constitutes an offer, which when accepted in writing by

the City of Roswell, and subject to the terms and conditions of such acceptance, will constitute a valid

and binding contract between the undersigned and the City of Roswell (“City”).

It is understood and agreed that we have read the City’s Scope of Work shown or referenced in the

RFP and that this statement is made in accordance with the provisions of such scope / specifications.

By our written signature on this document, we guarantee and certify that all items and/or services

included in this statement meet or exceed any and all such City scope of work / specifications

described in this RFP. We further agree, if awarded a contract, to deliver goods and services which

meet or exceed the scope of work / specifications. The City reserves the right to reject any or all

Proposals, waive technicalities, and informalities, and to make an award in the best interest of the City.

PROPOSAL LETTER AND CERTIFICATION

I certify that this Proposal is made without prior understanding, agreement, or connection with any

corporation, firm, or person submitting a statement for the same materials, supplies, equipment, or

services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a

violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I

agree to abide by all conditions of the RFP and certify that I am authorized to sign this Proposal for the

Offeror. I further certify that the provisions of O.C.G.A. § 45-10-20, et seq. regarding conflicts of

interest for government employees have not been violated and will not be violated in any respect.

Authorized Signature for Offeror ________________________________________

Date ______________________________________

Print/Type Company Name _______________________________________

Print/Type Offeror Name Here _______________________________________

Print/Type Offeror E-mail Here_______________________________________


OFFEROR’S RFP CHECKLIST

10 Critical Things to Keep in Mind When Responding to an RFP for the City of Roswell

1. _____ Read the entire document. Note critical items such as: supplies/services required; submittal

dates; number of copies required for submittal; contract requirements (e.g. bonding and

insurance requirements); etc.

2. _____ Note the Buyer's name, address, phone numbers and e-mail address. This is the only person

you are allowed to communicate with regarding the RFP and is an excellent source of

information.

3. _____ Attend the pre-proposal conference if one is offered. These conferences provide an

opportunity to ask clarifying questions, obtain a better understanding of the project, or to

notify the City of any ambiguities, inconsistencies, or errors in the RFP. This conference

may or may not be mandatory. This determination will be noted in the Schedule of Events

on the front page of the RFP.

4. _____ Take advantage of the “question and answer” period. Submit your questions to the Buyer

via the online form by the due date listed in the Schedule of Events and view the answers

given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted

on the Georgia Procurement Registry and will include all questions asked and answered

concerning the RFP.

5. _____ Follow the format required in the RFP when preparing your response. Provide point-by-point

responses to all sections in a clear and concise manner.

6. _____ Provide complete answers/descriptions. Read and answer all questions and requirements.

Don’t assume the City will know what your company’s capabilities are or what items/services

you can provide, even if you have previously contracted with the City. The Proposals are

evaluated based solely on the information and materials provided in your response.

7. _____ Use the forms provided, e.g. cover page, standard forms, etc.

8. _____ Check the Georgia Procurement Registry for RFP addenda. The City website is linked to the

GPR. Before submitting your response, check the Georgia Procurement Registry to see

whether any addenda were issued for the RFP. If so, you must sign each addendum issued

along with your RFP response.

9. _____ Review the RFP document again to make sure that you have addressed all requirements.

Your original response and the requested copies must be identical and complete. The copies

are provided to the Evaluation Committee members and will be used to score your proposal.

10. _____ Submit your Proposal on time. Note all the dates and times listed in the Schedule of Events

and within the document, and be sure to submit all required items on time. Late proposal

responses will not be accepted.

This checklist is provided for assistance only and should not be submitted with Offeror’s Proposal.


https://www.roswellgov.com/government/departments/finance/purchasing/procurement-opportunities


1 RFP INSTRUCTIONS

1.1 Single Point of Contact

From the date this Request for Proposals (the “RFP”) is issued until an Offeror is selected, Offerors are

not allowed to communicate with any staff (other than designee below) or elected officials of the City

regarding this procurement. Any unauthorized contact may disqualify the Offeror from further

consideration. Contact information for the single point of contact is as follows:

Buyer: Greg Anderson Address: 38 Hill Street Roswell, GA 30075 Telephone Number: 770-641-3718 E-mail Address: [email protected]

1.2 Required Review

1.2.1 Review RFP

Offerors should carefully review this RFP in its entirety including all instructions, requirements,

specifications, and terms/conditions and promptly notify the Buyer, identified above, in writing or via e-

mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which may be discovered

upon examination of this RFP.

1.2.2 Addenda

The City of Roswell may revise this RFP by issuing an addendum prior to its opening. Any addenda will

be posted on the Georgia Procurement Registry (GPR) alongside the posting of the RFP. Links to the

GPR City of Roswell current opportunities can be found on the City of Roswell website at

www.roswellgov.com/bids . Addenda will become part of the bid documents and subsequent contract.

Offerors must sign and return any addendum with their RFP response. Failure to propose in

accordance with an addendum may be cause for rejection. In unusual circumstances, the City of

Roswell may postpone an opening in order to notify vendors and to give Offerors sufficient time to

respond to the addendum. Procurement staff will have taken into account the impact of changes as

well as the need to allow respondents adequate time to respond to any changes.

1.2.3 Form for Questions

Offerors with questions or requiring clarification or interpretation of any section within this RFP must

address these questions using the form located HERE1, on or before the date provided in the Schedule

of Events. Each question must provide clear reference to the section, page, and item in question.

Questions received after the deadline may not be considered.

1.2.4 The City of Roswell’s Answers

The City of Roswell will provide answers via addenda to all questions received within the period

stipulated in the Schedule of events. The City of Roswell’s response will be by formal written

addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon

1 https://form.jotform.com/82504253673153

http://www.roswellgov.com/bids




the City of Roswell. Any formal written addendum will be posted on the Georgia Procurement Registry

alongside the posting of the RFP on the Georgia Procurement Registry. Offerors must sign and return

any addendum with their RFP response.

1.3 Offerors Conference

There will be a voluntary offerors conference scheduled for the date and time listed in the Schedule of

Events at the City of Roswell City Hall City Council Chambers located at 38 Hill Street, Roswell, GA

30075.

1.4 Submitting an Offer

1.4.1 Organization of Offer

Each Proposal shall be prepared simply and economically, providing straight-forward, concise

delineation of the Offeror’s capabilities to satisfy the requirements of this RFP. To expedite the

evaluation of Proposals, it is essential that Offerors follow the format and instructions provided.

Offeror shall place the following information on the outside, lower left corner of the envelope

containing the Proposal. Failure to include such information may delay opening of the packet.

Name of Offeror Request for Proposals #19-224-G RFP Closing Date: [As stated in the Schedule of Events or as updated by Addenda] RFP Closing Time: [As stated in the Schedule of Events or as updated by Addenda] Offerors must organize their Proposals in the format required in Section 4.

1.4.2 Failure to Comply with Instructions

The City of Roswell may also choose not to evaluate, may deem non-responsive, and/or may disqualify

from further consideration any Proposals that do not follow this RFP format, are difficult to understand,

are difficult to read, or are missing any requested information.

1.4.3 Multiple Proposals

If more than one Proposal is submitted by an Offeror, or by any person or persons representing the

Offeror, all such offers shall be rejected as non-responsive. A party who has submitted subcontract or

supply prices to an Offeror may submit prices to other Offerors, and may submit a direct and complete

offer for the work to the Owner on its own behalf.

1.4.4 Late Submissions, Withdrawals, and Corrections:

1.4.4.1 Late Proposal: Regardless of cause, late Proposals will not be accepted and will automatically

be disqualified from further consideration. It shall be the Offeror’s sole risk to assure delivery

to the Purchasing Office by the time designated in the Schedule of Events. Late Proposals will

not be opened and may be returned to the Offeror at the expense of the Offeror or destroyed

if requested.


1.4.4.2 Proposal Withdrawal: An Offeror requesting to withdraw its Proposal prior to the RFP due

date and time may submit a letter to the Buyer requesting to withdraw. The letter must be on

company letterhead and signed by an individual authorized to legally bind the firm.

1.4.4.3 Proposal Correction: If an obvious clerical error is discovered after the Proposal has been

opened; the Offeror may submit a letter to the designated Buyer within two business days of

opening, requesting that the error be corrected. The letter must be on company letterhead

and signed by an individual authorized to legally bind the firm. The Offeror must present clear

and convincing evidence that an unintentional error was made. The Buyer will review the

correction request and a judgment will be made. Generally, modifications to opened bids for

reasons other than obvious clerical errors are not permitted.

1.5 Offeror's Certification

Understanding of Specifications and Requirements: By submitting a response to this RFP, Offeror

agrees to an understanding of and compliance with the specifications and requirements described in

this RFP.

1.5.1 Offeror’s Signature

All signatures required in the RFP on behalf of an Offeror must be signed in ink by an individual

authorized to legally bind the business submitting the Proposal. Proof of authority of the person signing

the RFP response must be furnished upon request.

1.5.2 Offer in Effect for 180 Days

Except in rare cases as described in Section 1.4.5, a Proposal may not be corrected, withdrawn, or

canceled by the Offeror for a 180-day period following the deadline for Proposal submission as defined

in the Schedule of Events, or receipt of best and final offer, if required, and Offeror so agrees in

submitting the Proposal.

1.6 Cost of Preparing a Proposal

1.6.1 Roswell Not Responsible for Preparation Costs

The costs for developing and delivering responses to this RFP and any subsequent presentations of the

Proposal as requested by the City of Roswell are entirely the responsibility of the Offeror. The City of

Roswell is not liable for any expense incurred by the Offeror in the preparation and presentation of

their Proposal.

1.6.2 All Timely Submitted Materials Become Roswell’s Property

All materials submitted in response to this RFP become the property of the City of Roswell and are to

be appended to any formal documentation, which would further define or expand any contractual

relationship between the City of Roswell and Offeror resulting from this RFP process.


2 RFP RECEIPT AND EVALUATION PROCESS

2.1 Authority

This RFP is issued under the authority of the City of Roswell.

2.2 Receipt of RFPs and Public Inspection

2.2.1 Public Information

During the opening of sealed propsoals, only the Offeror’s name will be read aloud and recorded. No

other information will be disclosed at that time. No other information will be disclosed nor shall the

proposals be considered open record until after Council award. All information received in response to

this RFP, including copyrighted material, is deemed public information and will be made available for

public viewing and copying shortly after Council award with the following four (4) exceptions: (1) bona

fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and

documented; (2) matters involving individual safety as determined by the City of Roswell; (3) any

company financial information requested by the City of Roswell to determine vendor responsibility,

unless prior written consent has been given by the Offeror; and (4) other constitutional protections.

2.2.2 Buyer’s Review of Proposals

Upon opening the sealed Proposals received in response to this RFP, the Buyer in charge of the

solicitation will review the Proposals and separate out any information that meets the referenced

exceptions in Section 2.2.1 above, providing the following conditions have been met:

2.2.2.1 Confidential information is clearly marked and separated from the rest of the Proposal;

2.2.2.2 Proposal does not contain confidential material in the cost/price section; and

2.2.2.3 An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade

secret claim is attached to each Proposal containing trade secrets.

Information separated out under this process will be available for review only by Buyer, the Finance Director, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party.

2.3 Classification and Evaluation of Proposals

2.3.1 Initial Classification of Proposals as Responsive or Nonresponsive

All Proposals will initially be classified as either “responsive” or “nonresponsive”. Proposals may be

found nonresponsive at any time during the evaluation process or negotiations if: any of the required

information is not provided; the submitted price is found to be excessive or inadequate as measured by

criteria stated in the RFP; or the Proposal is not within the plans and specifications described and

required in the RFP. Proposals found nonresponsive may not be considered further.


2.3.2 Determination of Responsibility

The Buyer will determine whether an Offeror has met the standards of responsibility. Such a

determination may be made at any time during the evaluation process and through negotiation if

information surfaces that would result in a determination of non-responsibility. If an Offeror is found

non-responsible, the determination must be in writing and made a part of the procurement file.

2.3.3 Evaluation of Proposals

During the evaluation of the Proposals, the City reserves the right to request clarification of Proposal

responses and to request the submission of references, if deemed necessary for a complete evaluation

of Proposal responses.

Staff will make a recommendation for Award to the responsive and responsible Offeror(s) whose

Proposal is ranked the highest by the evaluation committee.

The City shall be the judge of the factors and will make the award in the best interest of the City.

2.3.4 Evaluation Criteria

The following criteria will be utilized for the purpose of evaluation:

1. Proposed Approach (15%)

2. Equipment (10%)

3. Experience (15%)

4. Financial Proposals (60%) over all proposed cost of service (provide in a separate package,

but within the overall submittal packet).

2.3.5 Completeness of Proposals

Selection and award will be based on the Offeror’s Proposal and other items outlined in this RFP.

Submitted responses may not include references to information located elsewhere, such as Internet

websites or libraries, unless specifically requested. Information or materials presented by Offerors

outside the formal response or subsequent discussion/negotiation, if requested, will not be considered,

will have no bearing on any award, and may result in the Offeror being disqualified from further

consideration.

2.3.6 Post submission activities

After receipt of all Proposals and prior to the determination of the award, the City of Roswell may

initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors

may also be required to make an oral presentation and/or product demonstration to clarify their RFP

response or to further define their offer. In either case, Offerors should be prepared to send qualified

personnel to the City to discuss technical and contractual aspects of the Proposal. Oral presentations

and product demonstrations, if requested, shall be at the Offeror’s expense.

2.3.7 Contract Award

Award, if any, will be made based on the determination of Mayor and Council.


2.4 Roswell’s Rights Reserved

While the City of Roswell has every intention to make an award as a result of this RFP, issuance of the

RFP in no way constitutes a commitment by the City of Roswell to award and execute a contract. Upon

a determination such actions would be in its best interest, the City of Roswell, in its sole discretion,

reserves the right to:

Cancel or terminate this RFP at any time. A notice of cancellation will be issued on the Roswell

website. If the RFP is cancelled, the City of Roswell will not reimburse any Offeror for the

preparation of its Proposal. Proposals may be returned upon request if unopened;

Reject any or all Proposals received in response to this RFP,

Make a contract award, based directly on the Proposals received, determined to be in the best

interest of the City, in its sole discretion,

Enter into further discussions with one or more Offerors;

Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications

of this RFP which would not have significant impact on any Proposal;

Not award if it is in the best interest of the City of Roswell; or

Terminate any contract if the City of Roswell determines adequate funds are not available.

3 SCOPE OF PROJECT/SPECIFICATIONS

3.1 Introduction

The City of Roswell, Georgia, is a northern suburb of Atlanta located in Fulton County with an

estimated population of 94,786 residence, and 599 city employees. The City’s Vision is to be a vibrant

riverside community connecting strong neighborhoods, preserving our rich history, celebrating the arts

and culture and cultivating the entrepreneurial spirit. In pursuit of that vision, the City seeks to provide

our citizens with responsive, high-quality services in a fiscally sound manner to ensure Roswell

continues to be a vibrant community.

The City's current operations and maintenance contract for the Transfer Station is expiring in

December 1, 2019, and operations will need to continue at the location. The facility and associated

operations allow for solid waste to be collected from smaller local collection trucks and re-distributed by

larger transport to permanent solid waste disposal locations. The City is seeking to engage a Contractor

to operate and maintain the facility and provide services in accordance with the Scope of Work and as

the Contractor may propose in the Financial Proposal.

3.2 Background and Scope of Services

Exhibit E – Background and Scope of Services will provide scope of work and background details under

the general scope of work as provided in the Introduction section above.


4 OFFEROR QUALIFICATIONS

4.1 City’s Right to Investigate

The City may make such investigations as deemed necessary to determine the ability of the offeror to

provide the supplies and/or perform the services specified.

The City reserves the right to use any information or additional references deemed necessary to

establish the ability of the Offeror to perform the conditions of this request, including the City’s own

history with the offeror.

4.2 Preparing Proposal

Provide one (1) original hard copy, and one (1) electronic copy (PDF, searchable, single document of

the non-Financial elements of the Proposal) of the complete package on a USB flash drive.

Submittals must be type written and on standard (8 ½” x 11”) three hole punched paper. Proposals

may be submitted in a three ring binder or simply held together with a standard binder clip (preferred).

The pages of the Proposal submittals must be numbered. A table of contents, with corresponding tabs,

must be included to identify each section. Responses are limited to pages using a minimum of an 11-

point font.

Proposals shall be prepared simply and economically, to provide a straightforward and concise

delineation of respondent’s capabilities. Elaborate bindings, colored displays, and promotional materials

are not desired. Emphasis must be on completeness, relevance, and clarity of content. To expedite the

review of submittals, it is essential that respondents follow the format and instructions. Please limit

your proposal to no more than twenty-five (25) pages.

Brochures, flyers, and promotional materials may be included as an appendix to the proposal.

4.3 Proposal Submittal

The Offeror must submit answers to the following questions and requested information as their

Proposal:

4.3.1 Pass / Fail Criteria (Please respond “Yes” or “No”. A “No” response will indicate that

the proposal will be found non-responsive)

4.3.1.1 Question: Does your company have the ability to ability to acquire a performance bond and

insurance that meets or exceeds the requirements set forth in the RFP?

4.3.1.2 Question: Does your company have a minimum of three (3) years successful experience

providing transfer station services for a minimum average daily tonnage of 125 tons per day?

For this reference, Proposer must provide the following information:

1. Name of site and address 2. Identification of average daily tonnage of waste managed at transfer station 3. Contact person, including name, title, phone number, and email address 4. Number of years of service and year in which services began


4.3.1.3 Question: Does your firm possess adequate credentials / license to preform the scope of

work? What licenses and certifications are required to perform the scope of work? Please

provide evidence that your firm is properly licensed and/or certified to perform the work in

accordance with Federal and State laws, and industry best practice.

4.3.2 Proposed Approach (15%)

4.3.2.1 Question: How are you going to operate the Transfer Station to ensure the required daily

capacity per operating day is not exceeded during the term of the contract? Please provide the

associated operating plan.

4.3.2.2 Question: Does your company have the ability to meet turn-around time requirements? Please

provide evidence.

4.3.2.3 Question: Does your company have the ability to dispose of all solid waste delivered to the

transfer station? Please provide a detailed operating plan demonstrating that ability.

4.3.2.4 Question: Does your company have procedures and policies that will ensure their ability to

retain qualified personnel to perform services under the agreement?

4.3.2.5 Question: Does your company provide training programs for staff (such as safety)? Please

describe the training and frequency of training.

4.3.2.6 Question: What environmental protection protocols does your company have in place to

minimize dust/litter, noise, odor, contaminated runoff, and other environmental hazards?

4.3.2.7 Question: How is your company going to provide for the hauling and disposal of acceptable

solid waste in accordance with their offer? Provide the following information in relation to this

question:

1. Name, location and description of each associated facility and the type of material that

will be disposed of at the location

2. Name of the owner and operator of the facility(ies), identifying whether the company

that owns and/or operates the facility is the same as the Proposer, a related-party

entity, or subcontractor

3. Term of the Proposer’s contract with the facility

4. Facility(ies) total and available capacity including the specific projected life (in years).

4.3.2.8 Question: What is your contingency plan and proposed strategies to ensure services are

provided in accordance with the contract at all times? What individual or group of individuals

will oversee execution of any contingency plan? How will you acquire equipment and

personnel for the plan? Do you have alternative disposal facilities?


4.3.3 Equipment (10%)

4.3.3.1 Question: What equipment will be used for providing the scope of services? Please include the

following information in your response / listing of equipment:

• Type of equipment

• Age of the equipment

• Capacity of the equipment (if applicable)

• Quantity of front-line and spare for each equipment

• Other information to describe the equipment to be utilized for the transfer station

services.

4.3.4 Experience (15%)

For responses 4.3.4.3 thru 4.3.4.6, provide information relevant to experience in Georgia, Florida,

South Carolina, Alabama, and the state of Proposer headquarters for the last 5 years.

4.3.4.1 Question: What experience does your company have that is relevant to this scope of work? In

section 4.3.1.2 your company was asked to provide a reference relative to the scope of work.

In addition to that reference, please provide at least one additional reference, including all the

same relevant information requested in section 4.3.1.2. Provide the same information in the

same format for as many additional references as might appear relevant and/or beneficial to

your proposal, beginning with the reference deemed to be most similar to this scope of work

as determined by the Proposer.

4.3.4.2 Question: What key personnel and staff will be assigned to this facility? Proposer must provide

an organization chart for key personnel and job descriptions indicating the qualifications and

experience of key personnel the Proposer would assign to the transition team and to the

ongoing management of the services provided under the contract. For positions that are

currently unfilled, identify minimum qualifications for that position. Specify the amount of time

each individual will be dedicated to work on the contract. At a minimum, key personnel must

include an operations manager and any other personnel that will have regular contact with the

City. Proposer shall identify which of the key personnel will be considered the Project

Manager. The Project Manager shall be present at the interview if the City requests an

interview during the Proposal evaluation process.

4.3.4.3 Question: Have any of your contracts ended prior to the expiration date due to any of the

following reasons:

1. Assignment of the agreement to another vendor;

2. Termination of the agreement;

3. Mutual agreement with the customer to discontinue service, and/or

4. Other reasons


4.3.4.4 Question: Does your company have any claims against a bid bond or performance bond and

the results or any contractual defaults or termination over the last five (5) years? If so, please

provide a list.

4.3.4.5 Question: Has your hand any enforcement actions taken against it during the last five (5)

years by any regulatory agency? In addition to regulatory agencies of the states listed under

4.3.4, please also include the United States Environmental Protection Agency.

4.3.4.6 Question: Has your company had a permit, license, entitlement, or business license revoked or

suspended?

4.3.5 Required Forms and Documents

Additional Required Forms and Documents are required in 4.3.4-4.3.10 is not part of the page limit.

These items are Pass/Fail and relate to responsiveness and responsibility.

4.3.5.1 Proposal Letter and Certification

Use letter provided on page 3 of this RFP.

4.3.5.2 Signed Addenda

4.3.5.3 Required Forms and Exhibits

4.3.5.3.1 Corporate Certification (Exhibit A)

4.3.5.3.2 E-Verify (Exhibit B);

4.3.5.3.3 Financial Proposal Forms (Exhibit D)- include in overall package but in a separate sealed envelope

4.3.5.3.4 Statement of Organization (Exhibit F)

4.3.5.3.5 Exceptions to Terms and Conditions - Proposer shall identify any exceptions to the RFP. Any

exceptions to the RFP will be considered and included in the City's evaluation. If the Proposer fails to

list any exceptions, the City will assume compliance with the terms, conditions and requirements of

the RFP and Proposer shall not raise any exceptions later if selected for award.

4.3.5.4 Licensing

Firm MUST have all the necessary, valid and current licenses to do business in the State of

Georgia as issued by the respective State Boards and Government Agencies responsible for

regulating and licensing the services to be provided and performed. Provide proof of such.

4.3.5.5 Financial Stability

Briefly describe in narrative format the Proposer’s financial condition, results of operations for

the last two fiscal years including known facts that could affect future performance. If the

company is publicly held, it is acceptable to attach the SEC required Management Discussion.


Provide audited financial statements for the last two fiscal years. If publicly held, provide

financial statements for the local operation that will provide service under this contract.

Additionally for publicly held companies, provide SEC 10K filings for the parent organization.

Disclose whether Proposer or parent company has ever filed for bankruptcy. Provide Suitable

documentation to establish Financial Stability. Acceptable documentation includes audited or

reviewed financial statements, partnership or corporation tax returns, bank or financial

institution commitments, or other verifiable information demonstrating financial stability.

5 EVALUATIONS

5.1 Initial Buyer Review

All Proposals received will be reviewed by the Buyer to ensure that all administrative requirements of

the RFP package have been met, such as all documents requiring a signature have been signed and

submitted. Failure to meet these requirements may be cause for rejection. All Proposals that meet the

administrative requirements will be turned over to the Evaluation Committee for further evaluation.

5.2 Evaluation Committee

The Evaluation Committee will review all Proposals received and determine a ranking based on the

information provided in Section 4 of this Proposal. After each member of the Evaluation Committee

reviews and scores the Proposals, the evaluation committee will meet and rank the Proposals using

consensus based on discussion of individual scores and strengths and weaknesses noted. Finally, the

Cost/Price score will be added to the scoring based on a formula.

Final ranking may be made at this time or some Short-listed Offerors may be required to give an oral

presentation to the evaluation committee to demonstrate their understanding of the project work

required. After any Oral Presentations the Evaluation Committee will consider any information gained

during the interview, and may re-rank the Proposals using any new information gained as part of the

interview process. Any re-ranking will require narrative backup concerning the reasoning.

6 TERMS AND CONDITIONS

The City of Roswell’s Terms and Conditions are set forth below. Offerors should notify the City of

Roswell of any Terms and Conditions that either preclude them from responding to the RFP or add

unnecessary cost. This notification must be made by the deadline for receipt of written/e-mailed

questions or with the Offeror’s RFP response. Any requests for material, substantive, important

exceptions to the standard terms and conditions will be addressed by formal written addendum issued

by the designated Buyer. The City of Roswell reserves the right to address any non-material, minor,

insubstantial exceptions to the terms and conditions with the highest-scored Offeror at the time of

contract negotiation.


6.1 Additional Contract Provisions and Terms

This RFP, including all RFP documents and any addenda, the Offeror’s bid, including any amendments,

any clarification question responses, and any negotiations shall be included as part of the contract

upon award. In the event of a dispute as to the duties and responsibilities of the parties under the

contract, the contract, along with any attachments prepared by the City of Roswell, will govern in the

same order of precedence as listed in the contract.

6.2 Performance Prior to Contract Execution

The successful Offeror shall not begin performance of the project prior to the execution of a formal

written contract by the City of Roswell and the Offeror. Any Offeror beginning performance prior to the

execution of the contract shall be deemed to be proceeding at the Offeror's risk, and shall not be

entitled to any compensation for such performance. In addition, the City of Roswell reserves the right

to withdraw or cancel the award of the RFP.

6.3 Contract Term

If the City elects to contract for the unit pricing submitted under Form D.1, the initial contract term will

commence on December 1, 2019 and will continue through the earlier of (i) the opening of the new

transfer station or (ii) July 1, 2021. After the initial contract term, the City may renew the contract for

one (1) additional renewal term of one (1) month to twelve (12) months each.

If the City elects to contract for the unit pricing submitted under Form D.2, the initial contract term of will

commence on December 1, 2019 and will continue through June 30, 2026. After the initial contract

term, the City may renew the contract for three (3) additional renewal terms of two (2) years each.

The successful Proposer may prohibit City from exercising the optional renewal term by providing

written notice to the City Environmental/Public Works Director rejecting the renewal term. Notice must

be provided to the City on or before eleven (11) months preceding the scheduled date of expiration of

the initial contract term. If the successful Proposer does not provide such written notice, the City may

exercise such optional renewal term by providing notice to the successful Proposer no later than ninety

(90) calendar days preceding the scheduled date of expiration of the initial contract term.

This provision in no way limits the City’s right to terminate the contract at any time during the initial term

or the optional renewal term thereof pursuant to the provisions in the contract.

6.4 Contract Termination

The City may terminate, by written notice to the Offeror, any resulting contract without cause. The

City must give notice of termination to the Offeror at least 30 days prior to the effective date of

termination. If funds are not appropriated or otherwise made available to support continuation in any

fiscal year succeeding the first fiscal year, this Contract will be terminated automatically as of the

beginning of the fiscal year for which funds are not available. The Contractor may not recover

anticipatory profits or costs incurred after termination.


6.5 Subcontractors

The lowest responsive and responsible Offeror will be the prime contractor, if a contract is awarded,

and shall be responsible, in total, for all work of any subcontractors. The City of Roswell reserves the

right to approve all subcontractors. The Contractor shall be responsible to the City of Roswell for the

acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by

such subcontractors, and for the acts and omissions of persons employed directly by the Contractor.

Further, nothing contained within this document or any contract documents created as a result of any

contract award derived from this RFP shall create any contractual relationships between any

subcontractor and the City of Roswell.

6.6 General Insurance Requirements

The Offeror shall provide the City of Roswell with a certificate of insurance, along with an additional

insured endorsement to the address listed under Section 1.1 indicating the existence of the policies

prior to the beginning of the contract term. Each policy shall contain a valid provision or endorsement

that the policy may not be canceled without giving thirty (30) days written notice thereof to the City of

Roswell representative named in the contract. A renewal policy or certificate shall be delivered to the

City of Roswell at least thirty (30) days prior to the expiration date of each expiring policy. If at any

time, any of the policies shall be or become unsatisfactory to the City of Roswell as to form or

substance, or any of the carriers issuing such policies shall be or become unsatisfactory to the City of

Roswell, the Offeror shall deliver to the City of Roswell representative upon demand a certified copy of

any policy required herein for review. The additional insured endorsement shall state that the City of

Roswell is additionally insured – statements on Certificates of Insurance will not meet this requirement.

The requirement is typically met through a separate, signed form, or by means of providing sections of

the insurance policy that make broad statements regarding additional insured status as it relates to

contractual relationships. All insurance documents should be sent directly from the Insurance Company

to [email protected] with a copy to the contractor (if required by the contractor). The

following limits are required:

1. Statutory Workers’ Compensation Insurance:

Employers Liability:

• Bodily Injury by Accident $100,000 each accident

• Bodily Injury by Disease $500,000 policy limit

• Bodily Injury by Disease $100,000 each employee

2. Comprehensive General Liability Insurance:

(a) Each Occurrence Limit $1,000,000

(b) Personal & Advertising Injury Limit $1,000,000

(c) General Aggregate Limit $2,000,000

(d) Products/Completed Ops Aggregate Limit $2,000,000

mailto:[email protected]


3. Comprehensive Automobile Liability Insurance:

(a) $1,000,000 limit of liability

(b) Comprehensive form covering all owned, non-owned and hired vehicles

4. Excess Umbrella Liability Insurance:

(a) $3,000,000 limit of liability

(b) Coverage at least as broad as primary coverage as outlined under Items 1, 2 and 3

above

6.7 Compliance with Workers’ Compensation Act

The Contractor is required to supply the City of Roswell with proof of compliance with the Workers’

Compensation Act while performing work for the City of Roswell. Neither the Contractor nor its

employees are employees of the City of Roswell. Proof of compliance must be received at the address

listed under Section 1.1 within acceptable time limits established by the contract. If the Contractor

does not meet the State’s requirement for workers’ compensation coverage, the certificate of insurance

shall state that the contractor waives subrogation in regard to workers’ compensation.

6.8 Compliance with Illegal Immigration Reform and Enforcement Act

E-Verify Program: The City of Roswell is committed to compliance with federal and state laws requiring

the verification of newly hired employees to ensure they are lawfully entitled to work in the United

States. As such, the City of Roswell shall not enter into a contract for the physical performance of

services unless the contractor registers and participates in a federal work authorization program (E-

Verify). An Offeror should include a fully executed E-Verify affidavit as part of its proposal (Exhibit D).

Requirement to Participate in a Federal Work Authorization Program (E-Verify):

(1) Pursuant to O.C.G.A. § 13-10-91:

a. Public employers shall not enter into any contract for the physical performance of

services within the State of Georgia unless the contractor registers and participates in a

federal work authorization program to verify the employment eligibility of all newly hired

employees;

b. Subcontractors shall not enter into any contract with a contractor for the physical

performance of services within the State of Georgia unless such subcontractor registers

and participates in a federal work authorization program to verify the employment

eligibility of all newly hired employees; and

c. Sub-subcontractors shall not enter into any contract with a subcontractor or sub-

subcontractor for the physical performance of services within the State of Georgia unless

such sub-subcontractor registers and participates in a federal work authorization

program to verify the employment eligibility of all newly hired employees.


(2) As of the date of enactment of O.C.G.A. § 13-10-91, the applicable federal work authorization

program is “E-Verify” (https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES) operated by the United

States Citizenship and Immigration Services Bureau of the United States Department of Homeland

Security. Information and instructions regarding E-Verify program registration, corporate administrator

registration, and designated agent registration can be found at that website address.

Contractor, Subcontractor, and Sub-subcontractor Evidence of Compliance:

(1) Public employers who enter into a contract for the physical performance of services within the

State of Georgia shall include in such contract a provision stating that compliance with the

requirements of O.C.G.A. § 13-10-91 are conditions of the contract.

(2) Pursuant to O.C.G.A. §13-10-91, public employers shall include in all covered contracts a

provision stating the contractor’s agreement that, in the event the contractor employs or contracts with

a subcontractor in connection with the covered contract, the contractor will secure from such

subcontractor attestation of the subcontractor’s compliance with O.C.G.A. 13-10-91 by the

subcontractor’s execution of the subcontractor affidavit and maintain records of such attestation for

inspection by the City of Roswell at any time. Such subcontractor affidavit shall become a part of the

contractor/subcontractor agreement.

(3) Pursuant to O.C.G.A. §13-10-91, public employers shall include in all covered contracts a

provision stating the contractor’s agreement that, in the event the contractor employs or contracts with

a subcontractor that employs or contracts with any sub-subcontractor, the subcontractor will secure

from such sub-subcontractor attestation of the sub-subcontractor’s compliance with O.C.G.A. § 13-10-

91 by the sub-subcontractor’s execution of the sub-subcontractor affidavit and maintain records of such

attestation for inspection by the City of Roswell at any time. Such sub-subcontractor affidavit shall

become a part of the subcontractor/sub-subcontractor agreement.

(4) All portions of contracts pertaining to compliance with O.C.G.A. § 13-10-91 and these rules, and

any affidavit related hereto, shall be open for public inspection in this State at reasonable times during

normal business hours.

6.9 Compliance with Laws

The Offeror must, in performance of work under the contract, fully comply with all applicable federal,

state, or local laws, rules and regulations, including, but not limited to, the Civil Rights Act of 1964, the

Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the

Rehabilitation Act of 1973. Any subletting or subcontracting by the Offeror subjects subcontractors to

the same provision. The Offeror agrees that the hiring of persons to perform the contract will be made

on the basis of merit and qualifications and there will be no discrimination based upon race, color,

religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin

by the persons performing the contract.

6.10 Drug-Free Workplace

If Contractor is an individual, he or she hereby certifies that he or she will not engage in the unlawful

manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana

during the performance of this contract.


6.10.1 Certification:

If Contractor is an entity other than an individual, it hereby certifies that:

i. A drug free workplace will be provided for the Contractor's employees during the performance

of this contract; and

ii. It will secure from any subcontractor hired to work in a drug free workplace the following

written certification: "As part of the subcontracting agreement with (Contractor's Name),

(Subcontractor's Name), certifies to the Contractor that a drug free workplace will be provided

for the subcontractor's employees during the performance of this contract pursuant to

paragraph 7 of subsection B of Code Section 50 24 3."

6.10.2 Penalties:

Contractor may be suspended, terminated, or debarred if it is determined that:

i. The Contractor has made false certification hereinabove; or

ii. The Contractor has violated such certification by failure to carry out the requirements of Official

Code of Georgia Section 50 24 3.

6.11 Substitutions and Change Orders

NO substitutions of material, schedule cancellations, or change orders are permitted after contract

award without written approval by the City Administrator. Where specific employees are proposed by

the Offeror for the work, those employees shall perform the work as long as those employees work for

the Contractor, either as employees or subcontractors, unless the City of Roswell agrees to a

replacement. Requests for any substitution will be reviewed and may be approved by the City of

Roswell at its sole discretion. Verbal agreements to the contrary will not be recognized.

6.12 Invoicing and Payment

The City of Roswell agrees to pay the Offeror in current funds for the performance of the contract.

Upon completion of work and acceptance of the items or services, the Offeror shall submit an invoice

detailing the appropriate charges as currently allowed.

The City will process approved payment requests under this project to the awarded Contractor.

Payment to subcontractors and suppliers is the responsibility of the awarded Contractor. The City will

not entertain any other payment arrangements.

Invoices shall be submitted to:

Roswell Finance Department Attn: Accounts Payable [email protected] 38 Hill Street Roswell, GA 30075

Upon receipt of invoice and inspection and acceptance of the items, the City of Roswell will render

payment. All such invoices will be paid within thirty (30) days by the City of Roswell unless any items


thereon are questioned, in which event payment will be withheld pending verification of the amount

claimed and the validity of the claim. The Offeror will provide complete cooperation during any such

investigation.

No sales tax will be charged on any orders.

Successful Offeror(s) must provide the City with a completed and signed W-9

This section must be read in conjunction with Exhibit E (E.02.15).

6.13 Deliveries

In the event there are to be deliveries on site, all goods and materials will be F.O.B. Destination,

Freight Prepaid and Allowed. The onsite delivery address will be within the City of Roswell City Limits,

with a specific address to be provided by the City upon request. Unless otherwise noted, the delivery

address will correspond to the site of the work in question or as directed by the responsible

department.

No freight or postage charges will be paid by the City of Roswell unless such charges are included and

accepted in the bid price and awarded by contract. The Offeror, at Offeror’s expense, will arrange to

have someone onsite to inspect and accept delivery. The Offeror has sole responsibility for securing all

materials at the project site. Offeror shall transfer and deliver to the department named all of the

goods and/or services described in this bid for the consideration set forth herein. Risk of loss of the

goods shall pass to the department upon acceptance only. Title to the goods shall remain with vendor

until acceptance by the department.

6.14 Incorporation of Policies and Procedures

The City of Roswell Purchasing Policy (https://www.roswellgov.com/home/showdocument?id=5290) is

hereby incorporated into this solicitation. Terms of the Solicitation apply for any apparent conflict

between Policies and Procedures and the Terms and Conditions of the Solicitation.

https://www.roswellgov.com/home/showdocument?id=5290


7 EXHIBIT A – Corporate Certificate Form

CORPORATE CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the Corporation

named as Contractor in the foregoing bid; that _______________________________________

who signed said bid in behalf of the Contractor, was then (title)_________________________ of

said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority

of its Board of Directors, and is within the scope of its corporate powers; that said

Corporation is organized under the laws of the State of _________________________________.

This ___________ day of ________,

20___(Signature)____________________________________


8 EXHIBIT B – Contractor Affidavit under O.C.G.A. §13-10-91(b)(l) The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to

any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its

compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Contractor has registered with, is authorized to use and uses the federal work authorization

program commonly known as E-Verify, or any subsequent replacement program;

b) The Contractor will continue to use the federal work authorization program throughout the

contract period, including any renewal or extension thereof;

c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the

federal work authorization program during the contract period, including renewals or

extensions thereof;

d) The Contractor understands that ceasing to utilize the federal work authorization program

constitutes a material breach of Contract;

e) The Contractor will contract for the performance of services in satisfaction of such contract

only with subcontractors who present an affidavit to the Contractor with the information

required by O.C.G.A. § 13-10-91(a), (b), and (c);

f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any

contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to

which Contractor is a party after the date hereof without further action or consent by

Contractor; and

g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers'

licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public

employer within five business days of receipt.

_____________________________________________ ________________________________

Federal Work Authorization User Identification Number (6-7 digits) Date of Authorization

_____________________________________________ _________________________________

Name of Contractor Name of Project

_____________________________________________

Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on _________, _____, 20_____ in _______________ (city), __________ (state).

_____________________________________________

Signature of Authorized Officer or Agent

_____________________________________________

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

ON THIS THE _______ DAY OF _____________, 20______.

__________________________________________________

NOTARY PUBLIC

My Commission Expires: _____________________________

City of Roswell


9 EXHIBIT C- SAMPLE CONTRACT

City of Roswell

CONTRACT AGREEMENT

RFP #19-224-G

SOLID WASTE TRANSFER STATION OPERATIONS

This Agreement made and entered into on the execution date; by and between the City of Roswell,

Georgia, having its principle place of business at 38 Hill Street, Roswell GA 30075 and ___________

having its principle place of business at _____________________.

WHEREAS, the City of Roswell has caused Request for Proposals# 19-224-G to be issued soliciting

statements of qualification from qualified contractors to furnish all items, labor services, materials and

appurtenances called for by them in accordance with this contract. Selected Contractor is required to

provide the services as called for in the Scope of Services; and

WHEREAS, the Contractor submitted a proposal in response to the RFP; and

WHEREAS, the Contractor’s proposal was deemed by the City of Roswell to be the proposal most

advantageous to the City;

NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the

parties agree to compensation according to the agreed upon amount of $_______________ for

services to be provided as follows:


1 Statement of Work

The Contractor agrees to provide all Services and comply with all requirements specified in the

attached statement of work, and provide those Services as may additionally be specified in the

Contractor’s proposal in accordance with the terms and conditions of this agreement. Said

specifications are hereby made a part of this agreement by reference.

2 Term of Contract

See RFP Section 6.3.

3 Independent Contractor

3.1 The Contractor shall be an independent Contractor.

The Contractor is not an employee, agent or representative of the City of Roswell. The successful

Contractor shall obtain and maintain, at the Contractor’s expense, all permits, license or approvals that

may be necessary for the performance of the services. The Contractor shall furnish copies of all such

permits, licenses or approvals to the City of Roswell Representative within ten (10) days after issuance

of Notice to Proceed.

3.2 No False Representation

Inasmuch as the City of Roswell and the Contractor are contractors independent of one another neither

has the authority to bind the other to any third person or otherwise to act in any way as the

representative of the other, unless otherwise expressly agreed to in writing signed by both parties

hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party

or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in

writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor

shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the

City of Roswell without the express knowledge and prior written consent of the City.

3.3 Invoices

The Contractor may submit progress invoices on a monthly basis for all Services performed in the

preceding month. The City of Roswell shall pay undisputed portions of each milestone progress invoice

within thirty (30) days of the date of the invoice.

4 Indemnification

The Contractor agrees to indemnify, hold harmless and defend the City from and against any and all

liabilities, suits, actions, legal proceedings, claims, demands, damages, costs and expenses (including

attorney’s fees) rising out of any negligent act or omission of the Contractor, its agents, subcontractors

or employees in the performance of this Contract.


5 Insurance

See RFP, Section 6.

6 Termination

6.1 Notice

Any other provisions of this agreement notwithstanding, each party has the right to terminate this

Agreement if the other party breaches or is in default of any obligation hereunder which default or

breach is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days

after receipt of written notice of such default (or such additional cure period as the non-defaulting

party may authorize). In addition, if at any time after commencement of the Services, the City of

Roswell shall, in its sole reasonable judgment, determine that such Services are inadequate,

unsatisfactory, no longer needed, or substantially not conforming to the descriptions, warranties, or

representations contained herein, the City may terminate this Agreement upon thirty (30) days written

notice to the Contractor.

6.2 Termination for Lack of Funds

If funds are not appropriated or otherwise made available to support continuation in any fiscal year

succeeding the first fiscal year, this Contract will be terminated automatically as of the beginning of the

fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or

costs incurred after termination.

6.3 Immediate Termination

The City of Roswell may terminate the agreement immediately without prejudice to any other right of

action or remedy if the Contractor:

6.3.1 Cause for Immediate Termination

Becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of

bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes

subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has

wound up or liquidated, voluntarily or otherwise. In the event that any of the above events occur, the

Contractor shall immediately notify the City of Roswell of each occurrence.

6.3.2 Additional Causes for Immediate Termination

After five (5) days written notice fails to:

6.3.2.1 Maintain the required insurance, or;

6.3.2.2 In any other manner to perform the requirements of the RFP.


7 Compliance with All Laws and Licenses

The Contractor must obtain all necessary licenses and comply with local, state and federal

requirements. The Contractor shall comply with all laws, rules and regulations of any governmental

entity pertaining to its performance under this Agreement.

8 Assignment

The Contractor shall not assign or subcontract the whole or any part of this Agreement without the City

of Roswell’s prior written consent.

9 Amendments in Writing

No amendments to this Agreement shall be effective unless it is in writing and signed by duly

authorized representatives of the parties.

10 Drug-Free and Smoke-Free Work Place

A drug-free and smoke-free work place will be provided for the Contractor’s employees during the

performance of this Agreement; and

The Contractor will secure from any subcontractor hired to work in a drug-free and smoke-free work

place a written certification so stating and in accordance with Paragraph 7, subsection B of the Official

Code of Georgia Annotated Section 50-24-3.

The Contractor may be suspended, terminated, or debarred if it is determined that:

5. The Contractor has made false certification herein; or

6. The Contractor has violated such certification by failure to carry out the

requirements of Official Code of Georgia Annotated Section 50-24-3.

11 Governing Law

This Agreement shall be governed in all respects by the laws of the State of Georgia.

12 Policy on Hiring of Non-Resident Aliens

The final award of a contract is contingent upon compliance with O.C.G.A. 13-10-91 and Chapter 300-

10-1 of the Rules of the Georgia Department of Labor, and the Contractor certifying to the City that it,

and all its subcontractors, has registered and currently participates in the federal work authorization

program to verify information of all new employees with respect to all public employers, contractors, or

subcontractors. Contractor may be suspended, terminated, or debarred if it is determined that the

Contractor has made false certification or that the Contractor has violated such certification by failure

to carry out this requirement.


13 Inclusion and Precedence of Documents

The Referenced RFP, any addenda thereto, and the Contractor’s Proposal submitted in response

thereto, including any best and final offer, are incorporated in this Agreement; form an integral part of

this agreement; and, are attached hereto as follows:

ATTACHMENTS:

Attachment A - RFP Number: 19-224-G (Including all Addenda)

Attachment B - Proposers Final Offer – Date: ________

In the event of a conflict in language between this Agreement and the foregoing documents

incorporated herein, the provisions and requirements set forth in this Agreement shall govern. In the

event of a conflict between the language of the RFP, as amended, and the Contractor’s proposal, the

language in the former shall govern.

14 Entire Agreement

This Agreement constitutes the entire Agreement between the parties with respect to the subject

matter contained herein; all prior agreements, representations, statements, negotiations, and

undertakings are suspended hereby. Either party has relied on any representation, promise, or

inducement not contained herein.

(Remainder of this Page left intentionally Blank)


IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their

duly authorized officers as of the day and year set forth next to each signature.

CITY OF ROSWELL: CONTRACTOR:

By: __________________________ By: ________________________________

Title:_________________________ Title:_______________________________

Name:________________________ Name:______________________________

Date: ________________________ Date: ______________________________


ATTACHMENT A

RFP#19-224-G


ATTACHMENT B

AWARDED SUPPLIER RESPONSE TO RFP# 19-224-G

AND/OR STATEMENT OF WORK AS NEGOTIATED


10 EXHIBIT D – FINANCIAL PROPSOAL FORM

The City is seeking a qualified firm to provide transfer station services for the current transfer station from December 1, 2019 until opening of the new transfer station. Upon opening of the new transfer station, the City is

considering the qualified firm provide hauling and disposal of acceptable solid waste. Prior to award of contract, the City will determine whether the qualified firm will provide (i) transfer station services for the current transfer

station or (ii) transfer station services for the current transfer station and hauling and disposal services of

acceptable solid waste for the new transfer station.

Form D.1 is for transfer station services for the current transfer station. Form D.2 is financial proposal for transfer station services for the current transfer station and hauling and disposal services of acceptable solid waste for the

new transfer station.

Form D.1: Transfer Station Services for the Current Transfer Station

Description Proposed Fee

Transfer Station Services Excluding Hauling and Disposal of

Acceptable Solid Waste per ton1, 2

Hauling and Disposal of Acceptable Solid Waste per ton1, 2

1. The per-ton fee shall be inclusive of any and all taxes, fees and costs for provision of services pursuant to the RFP. The per-ton fee shall be adjusted on an annual basis based on annual

adjustments set forth in the RFP. 2. Charged per incoming ton reported by scale delivered to City current transfer station which is

disposed by the successful Proposer at a disposal facility. Shall not be charged per incoming ton

reported by scale delivered to City new transfer station.

Form D.2: Transfer Station Services for the Current Transfer Station and

Hauling and Disposal Services of Acceptable Solid Waste for the New Transfer Station

Description Proposed Fee

Current Transfer Station Services Excluding Hauling and Disposal

of Acceptable Solid Waste per ton1, 2

Hauling and Disposal of Acceptable Solid Waste per ton1, 3

1. The per-ton fee shall be inclusive of any and all taxes, fees and costs for provision of services

pursuant to the RFP. The per-ton fee shall be adjusted on an annual basis based on annual

adjustments set forth in the RFP. 2. Charged per incoming ton reported by scale delivered to City current transfer station which is

disposed by the successful Proposer at a disposal facility. Shall not be charged per incoming ton reported by scale delivered to City new transfer station.

3. Charged per incoming ton reported by scale at City current transfer station or City new transfer

station which is disposed by the successful Proposer at a disposal facility.


11 EXHIBIT E – BACKGROUND AND SCOPE OF SERVICES

E.01 BACKGROUND INFORMATION The City of Roswell is one of the largest cities in the Metropolitan Atlanta Region. The City manages solid waste and recycling efforts for the community. In 1998, the City entered into an agreement with for the construction and operation of a transfer station on the northern portion of the City property located at 1810 Hembree Road, Alpharetta, Georgia 30009. Figure 1 shows the City property at 1810 Hembree Road and identifies the area which contains the current transfer station.

Figure 1 City Property with City Solid Waste Facilities including the City Transfer Station

The transfer station provides a cost effective and efficient means for management of solid waste generated within the City of Roswell. In Fiscal Year 2018, approximately 42,000 tons of solid waste from the City was managed at the transfer station. Table 1 summarizes the monthly quantity of solid waste delivered by the City to the transfer station from Fiscal Year 2016 to 2018.


Table 1 Historical Solid Waste Tonnage Managed at the City Transfer Station by Month

(Fiscal Year 2016-2018)

Fiscal Year

Month 2016 2017 2018

July 3,581 3,364 3,431

August 3,427 3,681 3,928

September 3,398 3,396 3,448

October 3,463 3,146 3,531

November 3,492 3,360 3,602

December 3,849 3,453 3,439

January 3,295 3,522 3,551

February 3,106 3,028 3,263

March 3,548 3,725 3,521

April 3,304 3,406 3,357

May 3,668 4,062 4,085

June 3,548 3,844 3,558

Total 41,679 41,988 42,712

Ownership of the transfer station transferred to the City on December 1, 2009. Since, the City has contracted with vendors for transfer station services, including operation and maintenance of the transfer station. The City’s current contract for transfer station services expires on December 1, 2019. The City is in the process of designing and building a new transfer station at the site. The City estimates the new transfer station will be opened as early as January 2021 but no later than July 2021. The City is seeking a qualified firm to provide transfer station services for the current transfer station from December 1, 2019 until opening of the new transfer station. The successful Proposer and the City will work together to minimize impact to transfer station services during construction of the new transfer station. Upon opening of the new transfer station, the City is considering the qualified firm provide hauling and disposal of acceptable solid waste. Prior to award of contract, the City will determine whether the qualified firm will provide (i) transfer station services for the current transfer station or (ii) transfer station services for the current transfer station and hauling and disposal services of acceptable solid waste for the new transfer station. Proposer must carefully review the scope of services. Services performed will be in accordance with the scope of services described herein. E.02.01 Contract Term

See RFP Terms and Conditions Section 6.3.

E.02.02 Delivery of Waste

The City shall deliver all acceptable solid waste collected by the Solid Waste Division to the transfer station. For thirty (30) calendar days prior to the opening date of the new transfer station, the City reserves the right to deliver loads to the new transfer station.

The City may elect to allow the successful Proposer to deliver acceptable solid waste collected by the

successful Proposer to the new transfer station. The terms related to delivery of acceptable solid waste


collected by the successful Proposer to the new transfer station shall be negotiated between the City and the successful Proposer.

E.02.03 Transfer Station Services

The successful Proposer shall provide all transfer station services for the current transfer station in

accordance with the RFP, contract and applicable law including but not limited to:

Loading and consolidating waste received at the transfer station in trailers the successful Proposer provides;

Servicing residential drop-off area, including but not limited to shuttling empty and full roll-offs between residential drop-off area and the transfer station building;

Shuttling empty and full trailers between the trailer parking area and the transfer building loading chute;

Hauling waste from the transfer station to the disposal facility; and

Disposal of waste at the disposal facility. If the City elects the qualified firm will provide hauling and disposal services of acceptable solid waste for

the new transfer station, the successful Proposer shall provide such services in accordance with the RFP, contract and applicable law including but not limited to:

Provision of trailers as requested by City;

Servicing residential drop-off area, including but not limited to shuttling empty and full roll-offs between residential drop-off area and the transfer station building;

Shuttling empty and full trailers between the trailer parking area and the transfer building loading chute as requested by City;

Hauling waste contained in trailers provided by successful Proposer from the transfer station to the disposal facility; and

Disposal of waste at the disposal facility. E.02.04 Hauling and Disposal of Acceptable Solid Waste

The successful Proposer shall be solely responsible for hauling of all waste accepted at the current transfer station to a disposal facility permitted under all applicable law to dispose of such waste and disposal of the waste at such disposal facility. If the City elects, the successful Proposer shall also be solely responsible for hauling of all waste from residential drop-off area and all waste contained in trailers provided by successful Proposer accepted at the new transfer station to a disposal facility permitted under all applicable law to dispose of such waste and disposal of the waste at such disposal facility. Disposal facility shall mean any facility or location where the final disposition of solid waste occurs and includes, but is not limited to, landfilling and solid waste thermal treatment technology facilities.

E.02.05 Residential Drop-off Area

The transfer station residential drop-off area provides a safe disposal option for self-haul customers transporting acceptable solid waste to the transfer station in cars or other small vehicles not suitable for the transfer station tipping area. The successful Proposer shall be solely responsible for all maintenance of the residential drop-off area.

E.02.06 Acceptable Solid Waste, Rejected Loads, and Ownership of Materials at Transfer Station

The successful Proposal shall accept any and all acceptable solid waste delivered by the City. The successful Proposal shall not accept any unacceptable solid waste. Acceptable solid waste shall mean any solid waste that is not unacceptable solid waste. Unacceptable solid waste shall mean any solid waste, the acceptance and handling of which by the successful Proposer would cause a violation of any permit or regulatory requirement.


The successful Proposal may reject a load that contains materials other than acceptable solid waste. To reject a load, the successful Proposer must immediately notify the City Solid Waste Services Manager that the load is rejected and the reason for rejecting the load prior to the driver delivering the load to the transfer station leaving the transfer station. If the hauler and the City designated representative are unable to agree as to the designation of a load as rejected, the City Director of Environmental/Public Works shall make the final determination. The rejected load hauler shall be responsible for all costs associated with the rejected load. If a load is not rejected in accordance with this section, the successful Proposer shall be deemed to have accepted the load. Ownership of the materials accepted at the transfer station shall transfer from the hauler, the City or another party, to the successful Proposer upon acceptance of the materials at the transfer station.

E.02.07 Storage of Solid Waste The successful Proposer shall not store solid waste at the transfer station outside of hours of operation

without prior written approval of City Director of Environmental/Public Works. The successful Proposer shall not store solid waste outside the enclosed area of the transfer station, such as but not limited to in vehicles or trailers, overnight without prior written approval of City Director of Environmental/Public Works. The successful Proposer shall exercise care so as to prevent windblown litter or other nuisance issues from occurring as a result of stored waste and/or receiving and load out operations.

E.02.08 Capacity of the Transfer Station and Disposal Facility The successful Proposal shall operate the current transfer station to ensure sufficient capacity for all acceptable solid waste delivered to the transfer station. In addition, the successful Proposer shall ensure sufficient capacity for hauling of all acceptable solid waste delivered to the transfer station to the disposal facility and disposal of all acceptable solid waste delivered to the transfer station at the disposal facility.

E.02.09 Transfer Station Truck Turnaround Time Requirement The successful Proposer understands turnaround time impacts the City’s operations. Therefore, the successful Proposer shall provide the scope of services set forth herein so as to minimize truck turnaround time.

E.02.10 Scale House Operations The successful Proposer shall be responsible for the maintenance and semi-annual certified calibration of the current scales at the transfer station and the scales at the disposal facility in accordance with the scale manufacturer’s recommendations. The City shall be responsible for the maintenance and calibration of the new scales at the transfer station. The successful Proposer shall be responsible for the operation of the scale at the disposal facility. The City shall be responsible for operation of the current scales and new scales ant the transfer station.

E.02.11 Hours of Operation and Holidays

The successful Proposal shall accept acceptable solid waste at the current transfer station Monday through Friday from 6:30 AM to 5:00 PM and Saturdays from 8:00 AM to 12:00 PM. In certain instances, due to inclement weather, higher than typical set outs, or other unforeseen circumstance, the City may require that the current transfer station remain open for extended hours to accept solid waste from City operations. The current transfer station shall be closed on holidays, the dates to be based in accordance with those holidays observed by the City residential curbside garbage services. The holidays observed by the City residential curbside garbage services are subject to change.


The City shall designate the hours of operation and holidays for the new transfer station. The hauling and disposal services shall accept waste on the days and times as required to provide the services in accordance with this RFP, the subsequent contract, industry standards, and applicable law.

E.02.12 Maintenance of Transfer Station

The City provides and the successful Proposal accepts the current transfer station as-is. The successful Proposer shall be solely responsible for all maintenance of the current transfer station, including but not limited to the transfer station building, scale house, scales, citizen drop-off area and other areas of the site. The successful Proposal shall maintain the current transfer station in an operational manner. In addition, the successful Proposer shall maintain the current transfer station in a clean and orderly manner so as to minimize litter and odor. The successful Proposer shall maintain the current transfer station as to meet all current and future applicable law. The City plans to demolish the current transfer station after opening of the new transfer station.

E.02.13 Personnel and Equipment Requirements The successful Proposer shall provide all personnel and equipment required for the scope of services. The successful Proposer shall only utilize competent and properly trained personnel. The successful Proposer shall only utilize equipment that are on good working order. Equipment for transporting acceptable solid waste shall be covered as to ensure that no litter blows or falls from the vehicles.

E.02.14 Reporting

The successful Proposer shall provide the following weekly and monthly reports to the City. Complete and accurate weekly and monthly reports must be submitted to the City by 10:00 AM, Eastern Time each Monday. Weekly and monthly reports must contain the following information:

1. Amount of Solid Waste Disposed- Spreadsheet listing disposal information including, but not limited

to, amount (in tons) of solid waste disposed by load, date and time, and disposal facility. 2. Maintenance Logs- Spreadsheet listing maintenance of transfer station including, but not limited to,

amount type of maintenance, description of scope of maintenance, date and time of identification of maintenance need, date and time of completion of maintenance, and identification of contractor whom performed work,

3. Accident Reports- Spreadsheet listing accidents related to contract including, but not limited to, description of accident, date and time of accident, and description of resolution of accident,

4. Unacceptable Material Reports- Spreadsheet listing unacceptable material related to contract including, but not limited to, description of unacceptable report, date and time of unacceptable report, and description of resolution of unacceptable report,

Reports shall be in a format approved by the City.

E.02.15 Billing The successful Proposer shall not bill customers for any fees. The successful Proposer shall bill the City in accordance with contract and then-current rate schedule. Within thirty (30) calendar days of the end of each month, the City shall remit to the successful Proposer payment, less any disputed amounts, administrative charges, and payments withheld in accordance with the contract, for services rendered by the successful Proposer and billed by the City for the prior month. The successful Proposer shall not receive any other payments for services.


E.02.16 Administrative Charges The successful Proposer understands that if it does not perform its obligations pursuant to the terms of the contract or violates any provision of the contract, City will suffer damages which are difficult to determine and adequately specify. The successful Proposer agrees, in addition to any other remedies available to City, that City may withhold payment from Contractor in the amounts specified below as administrative charges for failure of the successful Proposer to fulfill its obligations. The following acts or omissions shall be considered a breach of the contract and City may require payment by the successful Proposer of the charges set forth for each act: 1. Failure to accept acceptable solid waste during required hours of operation: $250 per load impacted 2. Failure to haul and dispose of acceptable solid waste in accordance with RFP: $100 per hour until

acceptable solid waste is hauled and disposed in accordance with RFP 3. Failure to submit an accurate accounting (i.e. invoice and reports): Non-payment until an accurate

monthly accounting is submitted. 4. Failure to maintain transfer station: Non-payment until transfer station in maintained. City may impose administrative charges when the City determines that performance consistent with the provisions of the contract has not occurred. The City shall notify the successful Proposer in writing or electronically of each act or omission under the terms of the contract reported to or discovered by City or its designee. It shall be the duty of the successful Proposer to take whatever steps or action may be necessary to remedy the cause of the complaint. City may deduct the full amount of any such charges from any payment due to the successful Proposer. The remedy available to City under this paragraph shall be in addition to all other remedies which City may have under law, at equity, or pursuant to the terms of the contract. Contractor’s obligations to make payments for such charges under this section occurring prior to the expiration or termination of this contract shall survive termination or expiration of this contract.

E.02.17 Modification to Rates The successful Proposer’s fees shall be adjusted in accordance with this section. The successful Proposer shall submit a written request for modification to such fees on or before March 1, 2020 and every March 1st thereafter. If the successful Proposer fails to submit a written request for modification to such fees on or before March 1st, the successful Proposer waives the right for a modification to the fees. The successful Proposer’s fees shall remain fixed from the execution of the contract through July 1, 2020. The adjustment, increase or decrease, shall be a composite of two indices, including the Consumer Price Index ("CPI") Adjustment and the Fuel Adjustment as set forth herein. The successful Proposer agrees the annual modifications, the sum of the CPI Adjustment and Fuel Adjustment, shall not exceed two percent (2%) for any single year. 1. CPI Adjustment. Fees authorized to be adjusted per this section will not be adjusted for changes in

the CPI (as hereinafter defined), until July 1, 2020. Commencing on July 1, 2020 and continuing annually on each July 1st, such fees shall be adjusted by eighty percent (80.0%) of the Consumer Price Index, Atlanta Region for All Urban Consumers, less energy, Not Seasonally Adjusted, Base Period December 1983 = 100 (published by the United States Bureau of Labor Statistics, Consumer Price Index) (the “C.P.I.”) increase or decrease from the most recent February to the preceding February. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I., the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision.

2. Fuel Adjustment. Fees authorized to be adjusted per this section will not be adjusted for changes in fuel price (as hereinafter defined), until July 1, 2020. Commencing on July 1, 2020, and continuing


annually on each July 1st, such fees shall be adjusted by twenty percent (20.0%) of the US Department of Energy (“EIA/DOE”)’s Weekly Retail On Highway Diesel Prices for the East Coast increase or decrease during the preceding twelve months. The Fuel Adjustment shall be based on the change in the index from the most recent price as of February 1st and the price as of the previous February 1st.

E.02.18 Permit and Licenses Excluding the transfer station permit, the successful Proposer shall be responsible for obtaining and maintaining all required licenses and permits required for its services. The successful Proposer shall be responsible for any fees, including fines, associated with such licenses and permits.

E.02.19 Utilities The successful Proposer shall be responsible for the cost of all other utilities at the current transfer station including but not limited to the current transfer station building, scale house, scales, and other areas of the site.

E.02.20 Performance Bond and Insurance

The successful Proposer shall comply with the performance bond and insurance requirements as follows:

1. The successful Offeror shall be required to furnish a bond for the faithful performance on the contract in an amount not less than $1,000,000. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. If Contractor is a Partnership, all partners shall execute Bond.

2. Insurance - See RFP Section 6.6


12 EXHIBIT F – STATEMENT OF ORGANIZATION

1. PROPOSER

Full Name of Business:

Principal Business Address:

Principal Phone Number:

Local Business Address:

Local Business Contact Person:

Local Business Phone:

Local Business Fax:

Local Business E-Mail:

Type of Organization:

Tax ID #:

License #:

Provide names of authorized representative(s) of the Proposer who has legal authority to bind the Proposer in contractual obligations:

(a)

(b)

(c)

2. SUBCONTRACTOR

List of all firms participating in this submittal.

Name Address Area of Responsibility

(a)

(b)

(c)

(d)