SOLID WASTE COLLECTION

Lincoln County, Georgia

May 23, 2017

Invitation for Bid

RFP 17-0004

This proposal solicitation document is prepared in a Microsoft Word (Office 2013). Any alterations to this document made by the offeror may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to Lincoln County.

TABLE OF CONTENTS

Section Number / Description 1.0 Introduction/ Overview

1.1 Purpose/Objective 1.2 Background 1.3 Inquiries 1.4 Method of Source Selection 1.5 Minimum Criteria for "Responsibility" 1.6 · Projected Timetable

2.0 General Description of Required Performance Outcomes

2.1 Scope of Work · 2.2 Proposal Cost Format

3.0 Constraints on Contractor

4.0 Contractor's Personnel Requirements

5.0 Contractor's Responsibilities

6.0

7.0

Terms and Conditions of Contract for Services

Instructions for Proposal 7.1 Compliance with the RFP 7.2 Acknowledgment of Insurance Requirements 7.3 Delivery of Proposals 7.4 Evaluation of Proposals 7.5 Ambiguity, Conflict, or Other Errors in the RFP 7.6 Proposal and Presentation Costs 7.7 Rejection of Proposals 7.8 Acceptance of Proposals 7.9 Requests for Clarification of Proposals 7.10· Validity of Proposals 7.11 Response Format

8.0 Disclaimer

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ATTACHMENT A Sample Contract for Solid Waste Collection Service Program

ATTACHMENT B Articles of Lincoln County's Solid Waste Management Ordinance

ATTACHMENT C Quotations for Solid Waste collections from dumpster type containers from County facilities.

Request for Proposals Solid Waste Collection

Section 1.0 Introduction/ Overview

1.1 Purpose/Objective _

Lincoln County (hereinafter, "County'') has issued this Request for Proposals (hereinafter, "RFP 17-0004”) for the sole purpose and intent of obtaining proposals from interested and qualified Offerers to provide residential Solid Waste Collection.

1.2 Background

The County currently operates its solid waste collection services though Contract with Advanced Disposal. The County has a residential customer base of approximately 4, 000 homes.

1.3 Inquiries

Direct questions related to this RFP should be sent to Robert D. Seymour, Director, Lincoln County Public Works, Post Office Box 340, Lincolnton, Georgia 30817. All questions should be submitted in writing to 'facsimile number at (706) 359-5831, or via email at rseymour@lincolncountyga.com, Attention: Robert D. Seymour. Please include the RFP number, page, and paragraph number for each question in order to ensure that questions asked are responded to correctly.

Offerers must clearly understand that the only official answer or position of the County will be the one stated in· writing and that answers will be sent to all Offerers.

1.4 Method of Source Selection

The County is using the Competitive Sealed Proposals method of source selection, for this procurement.

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An award, if made, will be made to the responsible Offeror whose proposal is most advantageous to the County, taking into consideration the factors set forth in this RFP.

The County may, as is deemed necessary, conduct discussions with responsible Offerers that have been determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. ·

1.5 Minimum Criteria Used to Determine "Responsibility" of Each

Offeror

• _Does the Offeror demonstrate an understanding of the County's -needs?

• Can the Offeror respond to customer service requests in a

timely manner?

• Does the Offeror possess the ability, capacity, skill, and financial resources to provide the requested service?

• Does the Offeror demonstrate an exceptional disposal

environmental record?

• Can the Offeror take upon itself the responsibilities set forth in the RFP and produce the required outcomes in this RFP?

- • Does the Offeror have the character, integrity, reputation,

Judgment, experience, and efficiency required by the contract?

• Has the Offeror performed satisfactorily in previous contracts of similar size and scope; or, if the prime contractor has not performed a contract of similar size and scope, has it (and/or its team members) otherwise demonstrated its capability to perform the contract the County seeks to establish through this RFP?

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1.6 Projected Timetable The following projected timetable should be used as a working guide for planning purposes. The County reserves the right to adjust this timetable as required during the course of the RFP process.

Event RFP Notice Issued Last Date for Receipt of Questions Proposal Close Date & Bid Opening Projected Award and Contract Execution

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Projected Contract Start Date ;

Date May 23, 2017 June 30, 2017 July 6, 2017 July 13, 2017 January 1, 2018

Section 2.0 - General Description of Required Performance Outcomes

At a minimum, the contractor must achieve and maintain the performance outcomes listed below, and consistent with performance standards agreed to by all parties through a contract as a result of this RFP. Offerers may also propose additional performance outcomes beyond those minimally required.

2.1 Scope of Work

Service(s) to be provided include residential solid waste collection. -

The service must begin utilizing all new residential rear load collection trucks. The contractor must offer 95-gallon carts.

All solid waste shall be disposed of in a designated, fully permitted, Sub-title D Municipal Solid Waste landfill. The Contractor shall be responsible for the disposal cost associated with the solid waste collection. Additionally, Contractor shall provide County with monthly reports as to the exact tonnage of garbage collected and disposed of and shall also provide the County with the name, location and contact information as to the landfill the garbage is placed.

The County will pay the Contractor on a monthly basis, based on the timely invoice with details regarding each household. The County will invoice customers for solid waste collection via the annual tax bill, and the County will direct all calls regarding complaints and/or questions to the Contractor. The Contractor must provide a toll-free phone number which it can be contacted.

2.2 Proposal Cost Format

Proposals must be in the following format to be considered as the RFP Cost Format. Rates must include all fees, charges, surcharges.

Monthly Rate for one time per week residential garbage pick up

using Contractor owned 95 gallon roll-carts

Monthly Rate for additional 95-gallon roll-carts to be serviced one time per week

2.3 Proposal and quotation for dumpster collection at County Facilities

County is requesting a separate quotation for solid waste bi-weekly collections from 8 cubic yard dumpster type containers located a County facilities. See Attachment C.

Section 3.0 - Constraints on Contractor

These include:

• The Contractor shall perform service in accordance with Articles of Lincoln County's Solid Waste Management Ordinance.

Section 4.0 - Contractor’s Personnel Requirements

- These include: • The Contractor must provide a central point of contact person(s) to ensure

coordination of each service and/or program, as well as individuals that have the necessary expertise to "trouble shoot" the provided solution.

Section 5.0 - Contractor's Responsibilities

Before submitting a proposal, each Offerer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. No pleas of ignorance of such conditions are requirements resulting from failure to make such investigations and examinations will relieve the successful Offerer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Offerer.

Section 6.0 - Terms and Conditions of Contract for Services

A contract resulting from this RFP shall be subject to the terms and conditions set forth in the attached "Contract for Solid Waste Collection Service Program" (Attachment A). ·

- Section 7.0 - Instructions for Proposal

7.1 Compliance with the RFP

Proposals must be in strict compliance with this Request for Proposal. Failure to comply with all provisions of the RFP may result in disqualification.

7.2 Acknowledgement of Insurance Requirements

By signing its proposal, the Offerer acknowledges that it has read and understands the insurance requirements for the proposal. The Offerer also understands that the evidence of required insurance must be submitted within fifteen (15) working days following notification of its offer being accepted; otherwise, the County may rescind its acceptance of the Offerer's proposal. See Attachment A for insurance requirements.

7.3 Delivery of Proposals

All proposals are to be sealed and delivered in person on 2:00 p.m. Eastern Standard Time (EST), on July 6, 2017 Proposals shall be delivered in person at the time listed above to the Commissioners Conference room located in the Courthouse at 182 Humphrey Street, Lincolnton, Georgia 30817.

Any proposal not hand delivered at the time and place specified above shall be considered non responsive and shall not be accepted as a competitive bid.

The County shall not bear the responsibility for proposals delivered past the stated date and/or time, or to an incorrect address by Offerer's personnel.

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Offerers must submit one (1) designated original, and six (6) numbered exact copies of the proposal (total of 7). Proposals will be opened publicly in a manner to avoid public disclosure of contents; however, only names and proposed rates of Offerers will be read aloud.

List the Request for Proposal (RFP) number on the outside of the box or envelope and note "Proposal Enclosed".

7.4 Evaluation of Proposals & Bid Opening (Procedure)

Proposals shall be evaluated on July 6, 2017 beginning at 2:01 p.m.

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The County will first examine proposals to eliminate those that are clearly non-responsive to the stated requirements. Therefore,

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Offerers should exercise particular care in reviewing the proposal

format required for this RFP.

The County shall then score all proposals based upon the

evaluation factors detailed herein.

' Upon completion of the scoring, the County may recommend short- listing “the proposals that are potentially acceptable. ·

The detailed evaluation that follows the initial examination may result in more-than one finalist. At this point, the County may request presentations by Offerers, and carry out contract negotiations for the purpose of obtaining best and final offers.

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Lincoln County .reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate.

Receipt of a proposal by the County or a submission of a proposal to the County offer no rights upon the Offeror nor obligates the County in any manner.

The County reserves the right to waive minor irregularities in proposals, provided that such action is in the best interest of the County. Any such waiver shall not modify any remaining RFP requirements or excuse the Offeror from full compliance with the RFP specifications and other contract requirements if the Offeror is awarded the contract.

7.5 Ambiguity, Conflict, or Other Errors in the RFP

If an Offeror discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, they shall immediately notify the Chairman of the Board of Commissioners of such error in writing and request modification or clarification of the document. The County will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the County.

The Offeror is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the Request for Proposals prior to submitting the proposal or it shall be waived.

7.6 Proposals and Presentation Costs The County will not be liable in any way for any costs incurred by any Offeror in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions or negotiations.

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7.7 Rejection of Proposals

The County reserves the right to accept or reject in whole or in part any or all proposals submitted. The County shall reject the proposal of any Offeror that is determined to be non-responsive. The unreasonable failure of: An Offeror to promptly supply information in connection with respect to responsibility may be grounds for a determination of non-responsibility.

7.8 Acceptance of Proposals

The County shall accept all proposals that are submitted properly. However, the County reserves the right to request clarifications or corrections to proposals.

7.9 Requests for Clarification of Proposals

Requests by the County for clarification of proposals shall be in writing. Said requests shall not alter the Offerer's pricing information contained in its proposal.

7.10 Validity of Proposals

All proposals shall be valid for a period of ninety (90) days from the submission date. ··

7.11 Response Format -

Proposals should be prepared simply and economically, providing a straightforward concise description of the Offerer's approach and ability to meet the County's needs, as stated in the RFP. All copies of the proposal should be presented in a three (3) clasp report cover for uniformity and ease of handling.

8.0 Disclaimer

Lincoln County does not accept responsibility for the information contained in any bid document it receives. The County has attempted to provide information that will assist firms and individuals in preparing bid documents but it is the responsibility of the firms and individuals submitting bids on these services to insure that the information used in the price quotations is correct and / or accurate.

ATTACHMENT A

GEORGIA, LINCOLN COUNTY

CONTRACT FOR SOLID WASTE COLLECTION SERVICE

THIS CONTRACT FOR SOLID WASTE COLLECTION SERVICE (this "Agreement'') made and entered into on the day of , 20_, by and between Lincoln County, a political subdivision of the State of Georgia, by - and through its duly elected Board of Commissioners, hereinafter referred to as "County," and or its legal successor , anything by and through its duly authorized officers hereinafter referred to as "Contractor."

WHEREAS, it is necessary and appropriate for County to promote, preserve and protect the public health of its citizens; and

WHEREAS, the removal _ of garbage, rubbish and other waste material generated within the County is a valid exercise of County's police power (see Georgia Constitution of 1983/ Article 9/ Section 2/ Paragraph 3(a)(2)), and

WHEREAS, the entering into a contract with a private contractor to provide curbside solid waste collection to all residents of the unincorporated portions of the County is an activity expressly contemplated by the enactment of the Georgia Comprehensive Solid Waste Management Act ( O.C.G.A. section 12-8-20, et seq.; see also Strykr v. Long County Board of Commissioners, 277 Ga. 624, 625 (2004)); and

WHEREAS, curbside collection for residents of the unincorporated areas of the County is contemplated by the County's Joint Solid Waste Management Plan (see page 19 of Lincoln County, Georgia Joint Solid Waste Management Plan); and

WHEREAS, County and Contractor are desirous of entering into an agreement, under the terms of which, Contractor shall have an exclusive Contract for a specified period of time for the collection and removal of all Residential Solid Waste generated within the County, and

WHEREAS, County and Contractor have agreed to the conditions, terms, rates, provisions and considerations under which Contractor shall perform such solid waste collection and disposal services as herein set out, and for the compensation as hereinafter provided; and

WHEREAS, it is the intent of the County that the owner or occupant of every Residential Premises in the unincorporated area of the County shall receive solid waste collection services provided by Contractor, and

WHEREAS, County agrees to bill and collect the fees from: the Residents for Contractor's residential services to the County and the County agrees to pay for such services.

THEREFORE, County and Contractor agree as follows:

Section 1.0 - Definitions For purposes of this Agreement, the following terms shall be defined as follows:

1.1 Bulk Items: Those items of furniture, such as sofas, chairs, tables, carpets and other large items, which cannot reasonably be placed in a 95 gallon rollout cart

1.2 Cart: An industry standard cart and rollout receptacle for residential Solid Waste with a capacity of not less than 95 gallons, constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors.

1.3 C & D Materials: Waste materials generated by the construction, remodeling, repair or demolition of residential, commercial or other structures.

1.4 · Commercial Premises: All non-Residential Premises, public or

private, requiring solid waste collection within 'the unincorporated area of the County, including commercial, industrial, institutional, and governmental premises.

1.5 Commercial Hand-load Customer: All Commercial Premises utilizing

a Cart for the placement of their solid waste for collection by the Contractor.

1.6 Commercial Solid Waste: All Garbage, Rubbish and other

acceptable waste generated by a Commercial Premises and all C & D Materials, excluding Hazardous Waste.

1.7 County: Lincoln County, Georgia.

1.8

1.9

1.10

1.11

Curbside: The location adjacent to the traveled portion of a publicly owned roadway designated by the Contractor for the placement of Carts and other solid waste for collection.

Agreement: This contract agreement, including exhibits and any amendments thereto, agreed to by the County and the Contractor during the term of the Agreement.

Contractor: Person, firm, corporation, organization, or entity with whom the County has executed a contract for performance of the work or supply of equipme1-1t or materials, and it’s duly authorized representative. Garbage: Solid ! waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and other farm products.

1 12 Hazardous Waste: Any solid waste identified or listed as a . hazardous waste by any agency of the State of Georgia or the

administrator of the U.S. Environmental Protection Agency pursuant

to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 72 U.S.C. 6901 et seq., as· amended, including future amendments thereto.

1.13 Residential Premises: A dwelling within the unincorporated area of

the County occupied by a person or group of persons, including single family homes, duplexes, triplexes, quadraplexes, and mobile homes whether such mobile homes are registered as vehicles or assessed as real property.

1.14 Residential Solid Waste: All Garbage and Rubbish generated by a

Residential Premises, excluding automobile parts, tires, C & D Materials, Yard Waste, White Goods, Hazardous Waste, or other unacceptable materials.

1.15 Rubbish: Non-putrescible solid waste consisting of paper, rags,

cardboard, cartons, wood, rubber, plastics, glass, crockery, metal cans or other such waste.

1.16 White Goods: Refrigerators, ranges, washers, water heaters, and other similar domestic appliances.

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1.17 Yard Trash: Leaves, brush, grass clippings; shrubs and tree prunings and other vegetative materials from the maintenance of yards, lawns and landscaping at Residential Premis es.

Section 2.0 - Scope of Work . The work under this Contract shall consist of the work and services to be

perform in the collection and disposal of Residential Solid Waste generated in the County, including all the supervision, materials, equipment, labor and all other items necessary to complete said work and services in accordance with the terms of this Agreement.

Section 3 0 - Collection ' 3.1 Service Provided:

A. Contractor shall collect Garbage from each Residential Premises one (1) time per week at Curbside utilizing a rear loading collection vehicle. The occupant of the

Residential Premises shall place only Garbage in a 95. Gallon Cart owned by Contractor and Resident shall place the Cart at Curbside by 6:00 AM on the designated collection day. Contractor shall be responsible for collection of Garbage and Rubbish placed in a Cart or immediately adjacent to the cart. Contractor shall not be

responsible for collection of Garbage and Rubbish from any Cart not in the proper location at Curbside.

B. Occupants of Residential may request more frequent

service or special services at a price to be agreed upon by the occupant and Contractor and paid by the occupant. ;

3.2 Carts Carts shall be Industry Standard Carts. Contractor shall initially furnish all new collection equipment for every Residence for every occupied location in the unincorporated area of the County. Upon placement, Equipment shall be the property of Contractor. It shall be the responsibility of the owner of the Residential Premises to properly use and safeguard the Contractor's Equipment. -Contractor shall maintain Equipment in reasonably good condition, normal wear and tear excepted. Contractor shall have the right to charge Customers for the cost of repair or replacement of Equipment, if such repair or replacement is required as a result of abuse or damage, fire, or theft. The amount charged shall not exceed

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Contractor's cost for the Equipment. Occupants of Residence may request one or more additional Containers from Contractor for an additional volume of collection service. Occupants shall pay Contractor for each additional Container and service at the applicable rat of compensation.

3.3 Elderly and Disabled Contractor shaII provide side door pick-up to disabled residents as designated by the County who are physically unable to place· container at Curbside on pick-up day. In no case will the quantity of persons receiving backyard pick-up exceed two percent (2%) of the total Residential Premises. Contractor shall provide side door; Residential Solid Waste collection service at no additional charge for those residents not physically able to take Carts to Curbside, provided however, that such exemptions will be granted only if there is no other occupant of the Residential Premises physically capable of placing the Cart at Curbside and the resident provides an affidavit from a physician certifying the physical disability. In no event will side door service be provided at a distance of more than 150 feet from the public roadway. In the event where side door service is provided pursuant to this Section, the occupant shall use the Cart for storage of Residential Solid Waste but must place the Residential Solid Waste in bags, designed to accommodate storage of waste, each bag not to exceed 30 pounds in weight.

3.4 Location of Containers for Collection 3.4.1 The Roll-Out Container shall be placed at Curbside for

collection. Curbside refers to that portion of right-of-way adjacent to paved traveled County roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, containers, bags and bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any container not so placed or any residential refuse not in a bag. The County reserves the right to amend the placement_ of containers allowing for safe and efficient · service by Contractor.

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Section 4.0 - Routes and Hours of Collection Operation 4.1 Hours of Operation

Collection of Solid Waste shall not start before 6:00 AM nor continue after 7:00 PM on the same day.

4.2 Routes of Collection

Collection routes shall be established by the Contractor. Contractor shall submit a map designating the collection routes with days of pick-up to the County for its approval which approval shall not be unreasonably withheld. The Contractor may from time-to-time propose to County for approval changes in routes or days of collection, which approval shall not be unreasonably withheld. Upon County approval of the propos1ed_changes, Contractor shall promptly give written or published notice to the affected Customers.

4.3 Holidays The following shall be holidays for the purpose of this Contract:

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New Years' Day Thanksgiving Day Christmas Day

Contract may decide to observe any or all of the above mentioned Holidays by suspension of collection service on the holiday, but such decision does not relieve the Contractor of his obligation to provide collection service at least once per week (Monday - Saturday) within the Holiday Week. The Contractor will not be allowed Sunday collection during a Holiday Week.

4.4 Complaints

All complaints shall be made directly to the Contractor, and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 24 hours after the complaint is received. The Contractor must provide a toll-free number in which it can be contacted.

4.5 Collection Equipment and Personnel

The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles shall be new upon commencement of the contract and shall be kept in good repair,

appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor. All Solid Waste hauled by the Contractor shall be so contained, tied; covered, or enclosed such that leaking, spilling, or blowing are prevented.

4.6 Office

The Contractor shall maintain an office or such other facilities through which he can be contacted. It shall be equipped with sufficient local service telephones and / or a toll-free number and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. daily on regular collection days.

, 4.7 Access

The Contractor shall be required to provide collection services to all Residences located on publicly-owned roadways and private right of ways which are accessible to standard waste collection vehicles. The County shall maintain all publicly-owned roads and bridges in a condition that affords access by Contractor's standard waste collection vehicles. The County shall require occupants of Residences to place Carts at curbside for collection. The County shall require occupants of Residences not accessible to standard

waste collection vehicles to place Carts ,at an accessible location on a publicly-owned roadway or private right of way agreed upon by the occupant and the Contractor. If the County or Contractor determines that, for whatever reason, the occupants of Residences cannot place the Cart at curbside adjacent to a publicly owned roadway or Private Right of Way, the Contractor will provide the collection service at a location agreed upon by Contractor and the occupant.

Section 5.0- Compensation 5.1 Rates of Compensation for Seven (7) Year Rate Period

Contractor shall be paid by the County for solid waste collection and disposal services provided hereunder, for actual households collected, by the appropriate rates of compensation set forth in Exhibit “A” attached hereto and made a part hereof, during the initial seven (7) year term of this Agreement.

5.2 Renewal; Rates of Compensation for Subsequent Seven (7) Year

Rate Periods Upon the mutual agreement of the County and Contractor, the parties may renew this Agreement for additional

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terms. Prior to the end of the initial seven (7) year term of this Agreement, and at each seven (7) year interval thereafter, the County and the Contractor may enter into negotiations to establish and agree upon rates of compensation to be paid to Contractor during the next ensuing seven (7) year terms. The rates shall be based on Contracts' capital, operating, disposal, and management costs projected to be incurred during the next seven (7) year term, and a fair and reasonable profit margin thereon. In the event that the County and Contractor are unable to agree on rates to be paid to Contractor during the next seven (7) year term by not later than 100 days prior to the end of the then current seven (7) year term, the County may terminate the Agreement pursuant to Section 18 hereof.

Rate Adjustments & Rate Adjustments Due to Significant Changes The rates set forth in Exhibit “A” shall be fixed through December 31, 2024 term of this Agreement, and shall only be adjusted to compensate Contractor for:

A. any _ change in Governmental laws, · ordinances,

regulations, assessments, fees or taxes that require Contractor to incur additional costs in the performance of

.services pursuant to this Agreement (Changes in Law), including changes in disposal fees due to such Changes in Law.

B. Extraordinary fuel rate increases. Extraordinary shall be

defined as exceptional or deviating from the... norm to a very marked extent.

In the event that any of the above events occur, Contractor shall determine the amount of rate adjustment required to compensate Contractor for the additional, fully justifiable costs and shall petition the County for approval of the rate adjustment, which approval shall not be unreasonably withheld. Contractor agrees to continue

· solid waste collection and disposal services during any dispute, with the County, if any, until any dispute is resolved and the County and Contractor agree to adjusted rates of compensation.

The Contractor may adjust the annual unit price for solid waste collection services based upon the annual Consumer Price Index (CPI) for the twelve months preceding April of each year for all customers but under no circumstances more than three percent (3%); provided that no price increase shall take effect during the

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first 18 months of the contract. The Contractor shall provide any notifications for Rate increases on or before May 1 of each year.

Any rate increases shall not be effective until July 1 of the year in which a rate increase is approved.

The Contractor agrees to decrease the annual unit price for solid waste collection· services ! in the event that the Consumer Price Index (CPI) decreases in; the same time period specified in the preceding paragraph, but under no circumstances shall the price be decreased more than three percent (3%).

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5.4 County to Act as Collector· The County under the base bid, shall submit statements and collect from all Residential and Commercial Units for services provided by

the Contractor pursuant to Section 3.l(A) and - 3.l(B), including those accounts which are delinquent.

5.5 Delinquent and Closed Accounts

The Contractor shall discontinue refuse collection service at any Residential Unit as set forth in a written notice sent to it by the County. Upon further notification by the County, the Contractor shall resume refuse collection on the next regularly scheduled collection day. The County shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the County.

5.6 Contractor Billings to County

The Contractor shall bill the County for service rendered to all actual households within ten (10) days following the end of the month and the County shall pay the Contractor on or before the 30th day following the end of such month. Such billing and payment shall be based on the total number of Residential Premises with support documentation in the unincorporated areas of the County and the price rates and schedules set forth in Exhibit “A” hereto. The Contractor shall be entitled to payment for services rendered irrespective of whether or not the County collects from the customer for such service.

Section 6.0 - Non-Discrimination In the performance of the work and services to be performed under the terms hereof, the Contractor covenants and agrees not to discriminate against any person because of race, sex, creed, color, religion or national origin.

Section 7.0 - Indemnity The Contractor will indemnify, hold harmless, and defend the County, its officers, agents, servants and employees from and against any and all suits, actions, legal · proceedings, claims, demands, damages, costs, expenses, and reasonable attorney' fees incidental to any work done in the performance of this Contract arising out of a willful or negligent act or omission of the Contractor its officers, agents, servants and employees; provided, however, that the County will indemnify, hold harmless and defend the Contractor, its parent corporation and their respective officers, agents, servants and employees from '.and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and reasonable attorney's fees arising out of a willful or negligent act or omission of the County, its officers, agents, servants and employees.

Section 8.0 ...:. Force Majeure Except for the obligation to pay for services rendered, neither party hereto shall be liable for failure to perform hereunder due to contingencies beyond its control, including, but not limited to riots, war, fire, acts of God (including without limitation flood, hurricane, tornado or storm), compliance with any law, regulation or order, whether valid or invalid, of the United States of America or any other governmental body or instrumentality thereof, whether now existing or hereafter created (collectively referred to as "Force Majeure Event''). In addition, the performance required under this Contract does not include the collection or disposal of any increased volume of solid wastes resulting from a Force Majeure Event. In the event of such Force Majeure Event, the Contractor will vary routes and schedule as may be deemed necessary. In addition, the County and Contractor shall negotiate the amounts to be paid Contractor for services to be performed as a result 9f increased volumes resulting from a Force Majeure Event or any other event over which Contractor has no control.

Section 9.0 - Licenses and Taxes The Contractor shall obtain all licenses and permits and promptly pay all taxes required by the County and State.

Section 10.0 - Term The term of this Agreement shall begin on the January 1, 2018 continue for a period of seven (7) years. The Contractor or the County shall have the right to terminate this Agreement at the end of the seven (7) year term or at the end of any renewal seven (7) year term.

Section 11.0 - Reports Contractor will provide various reports to the County at the request of either the Director of Public Works or the Chairman of the Board of Commissioners.

Section 12.0 - Insurance The Contractor shall at all times during the Agreement maintain in full force and effect Employer's Liability, Workmen's Compensation, Public Liability, and Property Damage Insurance, including contractual liability coverage for the provisions of Section 8. All insurance shall be by insurers and for policy limits acceptable to the County and before commencement of work hereunder the Contractor agrees to furnish the County certificates of insurance or other evidence satisfactory to the County to effect that such insurance has been procured and is in force. The certificates· shall contain the following express obligation:

"This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are-in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder."

For the purpose of this Contract, the Contractor shall carry the following types of insurance in at least the limits specified below:

COVERAGES Workers' Compensation Employer's Liability Bodily Injury Liability Except Automobile Property Damage Liability Except Automobile . Automobile Bodily Injury Liability Automobile Property Damage Liability Excess Umbrella Liability

Section 13.0 - Bond

13.1 Performance Bond

LIMITS OF LIABILITY Statutory $500,000 $500,000 each occurrence $1,000,000 aggregate $500,000 each occurrence $500,000 each occurrence $500,000 each person $1,000,000 each occurrence $500,000 each occurrence $5,000,000 each occurrence

The Contractor shall furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond shall be in the amount of 50% of the annual revenue of the Contract. ·

Premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond. ·

The surety on the bond shall be a duly authorized corporate surety company approved to do business in the State of Georgia.

In the event of the Contractor's failure to remedy a breach of contract, an in addition to any other remedies specified herein, the Contractor agrees that the performance bond specified in this paragraph shall be forfeited to County.

13.2 Power of Attorney

Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

Section 14.0 - Compliance with Law The Contractor shall conduct operations under this Contract in compliance with all applicable laws, including without limitation, ordinances, laws and statutes of the County, state and federal governments provided, however that the Contract shall govern the obligations of the Contractor where there exists conflicting ordinances of the County on the subject. In the event that the collection or · disposal of any solid waste hereunder shall become restricted or prohibited by any applicable law, ordinance, rule or regulation, such type of waste shall be eliminated from the requirements and provisions of this Contract.

Section 15.0 Assignment Contractor's rights accruing under this Contract may be assigned in whole or in part by the Contractor with the .Prior written approval or consent of the County. As a condition of such s:issignment, the assignee shall agree to assume the '· obligations of Contractor hereunder.

Section 16.0- Exclusive Contract The Contractor shall have the sole and exclusive contract to provide solid waste collection and disposal service in the unincorporated area of the County. The County hereby grants and the Contractor hereby accepts the sole and exclusive contract, license and privilege to provide Residential collection and disposal service to all Residential Premises in the unincorporated area of the County for- the initial seven (7) year term of this Agreement and all renewal terms thereto. The County further agrees that so long as Contractor is not in default hereunder, it will not enter into any agreement with any other entity for performance of solid waste collection and disposal services during the term hereof or any renewal terms.

Section 17.0 - Ownership Title to the Residential Solid Waste to be collected under this Contractor shall

pass to the Contractor once it is placed in the vehicle under control of the Contractor.

Section 18.0 - Termination and Attorney Fees! 18.1 In the event of an alleged material breach of this Contract, the County shall provide written notice of such breach to the Contractor, to be delivered by Certified Mail, return receipt requested. If within 20 days from receipt of such notice, the Contractor h s either failed to correct the condition or reach an agreement with the County on a mutually satisfactory solution, then the County may, within 10 days, require the

- Contractor to appear before the Board of Commissioners, at either a

- regular or specially called meeting, to show cause why the Contract should not be terminated. After such meeting the Commission may elect

to: A. provide written notice to the Contractor that the Contract

will be terminated 30 days from the receipt of such notice.

B. extend the time to allow Contractor to cure the breach.

C. impose sanctions or other remedies without terminating the Contract.

18.2 Costs Each party understands that if there is any alleged breach or actual breach of this contract each party shall be responsible for all of their own legal costs. No party shall be responsible for any legal fees or other costs associated with any legal expenses.

Section 19.0 - Miscellaneous Provisions 19.1 Choice of Law

This Agreement shall be construed in accordance with and governed for all purposes by the laws of the State of Georgia. Venue for any legal disputes between the parties to this contract shall be held in and decided by the Superior Court of Lincoln County, Georgia.

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19.2 Entire Agreement This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representation or modifications concerning this

. instrument shall be of no force or effect and this Contract may not be amended except by a subsequent modification in writing, signed

by the parties hereto or by an ordinance adopted by County modifying the rates to be charged hereunder in accordance with

the provisions of Section 5 hereof. '

19.3 Severability If any part of this Agreement for any reason is declared invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Contract had been executed with the invalid portion thereof eliminated. It is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may, for any reason, be hereinafter declared invalid.

19.4 Captions The titles or headings preceding any section or paragraph are for reference and convenience only and shall be in no way construed to be a material part of this Agreement.

19.5 County's Authority The parties signing this Contract on behalf of the County have been authorized to do so by specific action of the Lincoln County Board of Commi_ssioners adopted in open meeting and of record in its official minutes.

19.6 Notices Any notice which is required or permitted to be given under this Agreement shall be deemed to be sufficient, if given in writing and sent by certified mail, return receipt requested, to the parties at the following addresses (or such other addresses as may be furnished from time to time):

Contractor:

County: Walker T. Norman Chairman, Board of Commissioners Lincoln County, Georgia Post Office Box 340 Lincolnton, Georgia 30817

With copy to: Ben Jackson County Attorney Lincoln County, Georgia Post Office Box 340 Lincolnton, Georgia 30817

19.7 Amendment I Modification _ No Amendment or modification of this Agreement shall be effective unless it is in writing, attached to or made a part of this Agreement, and executed by a duly authorized representative of each party. :

19.8 Assignment . .

This Agreement and all of the '.provisions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. However, neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any party hereto without the prior written consent of the other party.

19.9 No Third Party Rights

This Agreement is intended solely for the benefit of the parties hereto and shall not be deemed to create any rights in any other person or entity.

. 19.10 Duplicate Originals

This Agreement may be executed in any number of Duplicate Originals, each of which shall be deemed an original, but all of which shall constitute one instrument.

19.11 Interpretation

Whenever the context or any provision shall require it, the singular number shall include the plural number, and vice-versa, and the use of any gender shall include any other or all genders as used in this Agreement. This Agreement has been negotiated at arms length. Any rule of law or legal decision that requires interpretation of ambiguities against the drafting party is not applicable and is hereby waived. The provisions of this Agreement shall be interpreted in a reasonable manner to affect the purpose of the parties to this Agreement.

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19.12 Waiver of Compliance

Except as otherwise provided in this Agreement, any breach by a party may only be waived by the other party in a written instrument signed by the waiving party. Such waiver shall not operate as a waiver of, or estoppel with respect to any subsequent or other breach.

EXECUTED this day of _,20_

Signed By:

Walker T. Norman Chairman Date Board of Commissioners Lincoln County, Georgia

Officer

Successful Offeror

Date

Attest by: Sherry McKellar As its: Clerk

Witness

ARTICLE II. WASTE MANAGEMENT

DIVISION 1. GENERALLY

Sec. 58-31. Title.

ATTACHMENT B

This article shall be known as the "Lincoln County Waste Management Ordinance." (Ord. No. 32, § 101, 6-7-1994) ·

Sec. 58-32. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings: ascribed to them in this section, except where the context clearly indicates a different meaning. Words, terms and phrases not specifically defined in-this section shall have their ordinarily understood meaning. Definitions contained in O.C.G.A. § 12-8-1 et seq., and more particularly set forth in O.C.G.A. § 12-8-22, are hereby incorporated by reference; provided, however, that terms defined therein which are not used in this article shall be deemed to be inoperative. - Division means the environmental protection division of the state department of natural resources. Facility means one or more of the following: (1) Materials recovery facility; (2) Municipal solid waste disposal facility; (3) Private industry solid waste disposal facility; (4) Recovered materials processing facility; all as defined in O.C.G.A. § 12-8-22. Permit means any permit issued by the director pursuant to the provisions of O.C.G.A. § 12-8-1 et.seq. Plan meruis the Lincoln County Solid Waste Management Plan. _ Rule means one or more rules of the state department of natural resources, environmental protection division, chapter 391-3-4, solid waste management. ; (Ord. No. 32, §§ 102,201, 6-7-1994) Cross references: Definitions generally, § 1-2.

Sec. 58-33. Supervision and administration. The board shall specify from time to time the division or agency of the county which shall have supervisory and enforcement authority with respect to the provisions of this article. Unless otherwise specified in this article, whenever there is any requirement for the county to take any action or receive any action, the designated division or agency shall act on behalf of the county. (Ord. No. 32, § 103, 6-7-1994) Cross references: Administration, ch. 2.

Sec. 58-34. Construction with other ordinances. This article shall be read and implemented in conjunction with chapter 22, article II, and the comprehensive zoning ordinance of the county, and the provisions and requirements

of each ordinance shall be construed so as to facilitate and supplement the others. Any conflict between or among the ordinances shall be read to require the application of the strictest rule or standard provided among them. (Ord. No. 32, § 104, 6-7-1994)

Sec. 58-35. Dumping. (a) Dumping prohibited. It shall be unlawful for any person to dump or cause to be. dumped any solid waste anywhere in The unincorporated area of the county except as may be permitted pursuant to rules and regulations from time to time established by the county. (b) Exemption. The provisions of subsection (a) of this section shall not apply to any individual disposing of solid waste originating from his own residence onto land or facilities owned by him when disposal of such waste does not thereby adversely affect the public health and is not in violation of any state law, rule or regulation. (Ord. No. 32, § 501, 6-7-1994)

Sec. 58-36. Collection and disposal of county waste. A person who intends to operate a facility shall prepare a plan collection and disposal plan for the collection and disposal of municipal solid waste generated within the county. The collection and disposal plan shall be submitted to the board concurrently with the cost deposit required in section 58-82(c). The collection and disposal plan shall conform to and be consistent with the provisions of the Lincoln County Solid Waste Management Plan. Upon commencement of business or at such later time as may be specified by the board, the person shall, at no cost to the county, implement the collection and disposal plan or such portion thereof which shall be approved and adopted by the board. (Ord. No. 32, § 502, 6-7-1994)

Sec. 58-37. Prohibitions and restrictions. Notwithstanding any other provisions contained in this article, on or after June 7, 1994: (1) Tire disposal. Scrap tires shall not be disposed of in the county. (2) Yard trimmings. Yard trimmings shall not be placed in or mixed with municipal solid waste. (Ord. No. 32, § 503, 6-7-1994)

Sec. 58-38. Enforcement and penalties. (a) Business license; nuisance. Violations of this article shall constitute grounds for suspension or revocation of a person's business license. The provisions and requirements of this article may be enforced by injunction. Any nuisance created in the operation of a facility may be the subject of an abatement action. Each day a violation or nuisance continues shall be deemed a separate offense. (b) Penalties. Violations of this article shall be tried in magistrate court of the county upon citation as provided in O.C.G.A. § 15-10-63 or upon accusation by the county attorney as provided in O.C.G.A. § 15-10-62 and shall be punishable as provided in section 1-9. In either event, the county attorney is designated as prosecuting attorney on behalf of the county. Citations for violations of this article shall be issued by any agent of the county authorized for that purpose by resolution of the board.

(Ord. No. 32, § 504, 6-7-1994) Secs. 58-39--58-60. Reserved.

DIVISION 2. SOLID WASTE MANAGEMENT PLAN

Sec., 58-61. Adoption. The Lincoln County Solid Waste Management Plan adopted pursuant to O.C.G.A. § 12- 8-31.l is attached to this Ordinance No. 32 as an appendix. The plan shall serve as a guide for the management of solid waste generated in the county. (Ord. No. 32, § 201, 6-7-1994)

:

Sec.-.58-62. Amendment. .

The plan shall be amended only to the extent and in the manner p rmitted or required by laws of the state. · (Ord. No. 32, § 202, 6-7-1994) Secs. 58-63--58-80. Reserved:

DIVISION 3. FACILITIES MANAGEMENT AND REGULATION

Sec.58-81. Facilities affected. This article shall apply to any facility which is proposed by any person to be located within the county. (Ord. No. 32, § 301, 6-7-1994)

Sec. 58-82. Pretermitting requirements. (a) Registration. A person having any intent or proposing to take any action toward obtaining a permit for the installation and operation of a facility in the county shall first register with the county on forms provided by the county and maintained as a public record by the clerk_ or the board. Registration shall include the person's name, address, telephone number,his officers and directors (if any), his shareholders (if not more than 20), the type of facility for which the person intends or proposes to obtain a permit, location of the proposed facility, and any engineering, scientific, technological or other professional engaged to provide any testing data, opinions, reports, plans and/or consultations. Any person who registers pursuant to the provisions of this section shall advise the clerk in writing of any changes in the information provided. (b) Reporting. Any person who has registered pursuant to this section shall file a monthly report, which' shall be due not later than the tenth day of the month following such registration, and not later than the tenth day of each month thereafter, describing any action taken on behalf of the person during the preceding month. At such time as the person files an application for a permit, a complete copy with all-supporting documents and accompanying information shall be filed with the clerk. (c) Cost deposit. Upon filing an application for a permit, the person making the application shall make a deposit of $500.00 with the clerk for the purpose of defraying

. costs incident to the facilities negotiating process provided by O.C.G.A. § 12-8-32 and for other notifications required by this article. If the cost deposit should be insufficient to

t -

defray in full the actual costs of the required notices, the person making the application

_ shall pay the deficiency within five days of request therefor by the county. (d) Supplemental notifications. Incident to but separate from the facilities negotiating process, the person making application shall also give written notification of the facilities negotiating process to all residents and owners of real property located within two miles of any portion of the site for the proposed facility. (e) Notice of commencement. Upon approval of an app1ication for the installation and operation of a facility in the county, the person making the application shall give the county notice of the elate upon which he intends to commence operations. (Ord. No. 32, § 302, 6-7-1994)

Sec. 58-83. General operational regulations. (a) General compliance. A f4cility shall be operated at all times in compliance with all rules, regulations, orders and decrees of the division. A facility shall be operated so as to prevent air, land or water pollution or other public health hazards.· (b) Business license. No facility shall be operated until a business license to operate in the county has been obtained. A business license s4all be subject to suspension and/or revocation as provided in chapter 22, article II, f9·r any violation of this article or any other ordinance or regulation of the county. ; (c) Hours of operation. A facility shall only operate between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday; provided, however, when circumstances exist which reasonably require operation of the facility outside the established hours of operation for the benefit of the public health, safety and welfare of residents of the county, the division, upon notice to the county, or the county may authorize extended operations. For the purpose of this article, the term "hours of operation" shall commence with the reporting of employees for work and shall stop upon release of employees for the day. (d) Residential distances. No facility shall be located within 500 feet of a residence. (e) Supervision. A facility shall be under the immediate supervision of a registered engineer or a certified geologist at all times when it is in 'operation. This provision shall not be in lieu of the presence of an operator as provided by O.C.G.A. § 12-8-22(21). (f) Fencing. A facility shall be enclosed with a. security fence at least eight feet high with openings therein not more than those in two-inch mesh wire or some other similar fencing material or device. Litter control fencing shall be installed adequate to prevent paper and similar items from blowing from the facility onto neighboring property. (g) Operating procedures. A cop yof all current operating procedures in use at a facility shall be filed with the county and shall be subject to review and comment by the county. (h)· Reports. A copy of all reports filed with other governmental entities shall be contemporaneously filed with the county. Operating records required by Rule 391-3-4- .07(3) (u) shall be filed with the county, and additions and updates thereto shall be filed within two business days. (Ord. No. 32, § 303, 6-7-1994)

Sec. 58-84. Truck routes, traffic and hauling regulations.

(a) Truck routes. Truck traffic serving any facility shall be limited to routes authorized, reviewed and approved by the county. (b) Entrances and exits. Entrances to and exits from a facility shall be approved by the county. The county may require modifications or alterations to a facility's entrances and exits from time to time for purposes of protection of public health, safety and welfare.; (c) Transportation of solid waste. It shall be unlawful for any person to haul, convey or cause to be conveyed any solid waste upon or along public streets and roadways ex e t when the material transported 1s adequately secured m such a manner as to prevent it , from falling, leaking or being blown from transporting vehicles. The owner and operator of any vehicle violating this section shall be personally responsible for the violation·. (d) Hauling license. It shall be unlawful for any person not licensed by the county to

. . collect or haul any solid waste other than that arising from such person's own accumulation of solid waste. (Ord No. 32, § 304, 6-7-1994)

Sec. 58-85. Truck regulation. ., (a) Truck weights. It shall be unlawful to operate ,any truck on an approved truck route which truck is capable of transporting a maximum load or weight which is in excess of that which the county has duly established as the maximum load or weight which can be safely transported over each bridge on that portion of any designated route which is part

· of the county road system. (b) Truck identification. Each truck used to collect or haul any solid waste shall bear an identification decal issued and placed on the truck by the county. It shall be unlawful to operate a truck to collect or haul solid waste in the county without first having obtained an identification decal. · · (Ord No. 32, § 305, 6-7-1994) Secs. 58-86--58-110. Reserved.

DIVISION 4. FEES; FINACIAL RESPONSIBILITY*

*Cross references: Finance, ch.2, art. V.

Sec. 58-111. Fees; surcharges. (a) Host fee. Each facility shall pay to the county a fee set by the board of commissioners.

. (b) Additional host fee. At such time as the surcharge provided by O.C.G.A. § I2-8- 39(e) is discontinued, each facility shall pay to the county a fee set by the board of commissioners as an additional host fee. However, if the collection of the surcharge is resumed as provided by O.C.G.A. § I2-8-39(f), the collection of the additional host fee shall be discontinued by the county. (c) Impact surcharge. In addition to the host fee provided for in this article, each facility shall pay to the county a surcharge set by the board of commissioners which shall

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be used to offset the impact of the facility, public education efforts for solid waste management, the costs of solid waste management, and the administration of the plan; provided, however, such surcharges may be used for other governmental expenses to the extent not required to meet the solid waste management needs of the county. (Ord. No. 32, § 401, 6-7-1994)

Sec. 58-112. Indemnification. (a) Facility. Application and issuance of a business· license for the· operation of a facility in the county shall constitute a covenant that' any person owning or operating a

facility within the county shall indemnify and hold harmless the county and any resident of the county from any loss or damage resulting from the installation, operation or

maintenance of the facility. (b) Trucks. Application and issuance of a business license for the operation of one or more trucks within the county shall constitute a covenant that any person owning or operating trucks collecting or hauling solid waste in the county shall indemnify and hold

harmless the county and any resident of the county from any loss or damage resulting from the operation or maintenance of the trucks. (c) Insurance. As security for performance of the covenant of indemnification provided for in this section, any person subject to the provisions of subsection (a) of this section shall provide insurance or bond coverage in an amount not less than $10,000,000.00 and

any person subject to the provisions of subsection (b) of this section shall provide

insurance or bond coverage in an amount not less than $500,000.00. (Ord. No. 32; § 402, 6-7-1994) Sec..58-113-58-140. Reserved

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REQUEST FOR PRICE QUOTATIONS

ATTACHMENT C

To:

From:

Subject:

.

Commercial Solid Waste Management Service Providers

Lincoln County, Georgia, Board of Commissioners

Quotations for Solid Waste collections from dumpster type containers from County Facilities

I

The Lincoln County Board of Commissioners is seeking price quotes from venders on solid waste collection from eight (8) cubic yard dumpsters at certain County facilities. Several Lincoln County buildings or facilities currently have dumpster service provided by Lincoln County, Georgia and all existing dumpsters belong to Lincoln County, Georgia.

If your company can provide this service please submit a per cubic yard price quotation and contract language for up to seven years. The following list of collection locations is· provided to give prospective bidders a good idea of the amount of waste generated at County facilities.

The distribution of eight cubic yard capacity - dumpster-type containers and bi- weekly collection frequencies on the proposed collection program is as follows:

Location No. 8 cu. Yd. Dumpsters No. Pick ups

County Courthouse

Eddie Fletcher Park

2 Bi-weekly

1 Seasonal Open April 1 to November 1

Recreation Department 1

County Shop 2

-

Bi-weekly

Bi-weekly

Please supply a signed contract with your quotation included in an attached price sheet or exhibit by July 6, 2017 at 2:00 p.m. Your contract should allow for dumpster locations to be added and for the collection frequencies at existing locations to be changed.