SCOTT COUNTY, VIRGINIA

Transcription

1 2014 Bicentennial SCOTT COUNTY, VIRGINIA REQUEST FOR PROPOSALS MUNICIPAL SOLID WASTE HAULING AND/OR DISPOSAL SERVICES March

2 Proposals are due by 2:00 p.m. (local time) April 2, 2014 Proposals received after the deadline will not be considered. 2014

3 SCOTT COUNTY, VIRGINIA REQUEST FOR PROPOSALS MUNICIPAL SOLID WASTE HAULING AND DISPOSAL SERVICES TABLE OF CONTENTS SECTION 1.0 INTRODUCTION AND BACKGROUND 1 SECTION 2.0 DEFINITIONS 4 SECTION 3.0 REQUESTED SCOPE OF SERVICES 8 SECTION 4.0 REQUIRED QUALIFICATIONS 9 SECTION 5.0 EXAMINATION OF SITE AND DOCUMENTS 10 SECTION 6.0 INFORMATION NOT GUARANTEED 11 SECTION 7.0 PUBLIC ACCESS TO PROCUREMENT INFORMATION 12 SECTION 8.0 GENERAL RESPONSIBILITIES County Responsibilities Contractor Responsibilities 13 SECTION 9.0 WASTE HAULING 14 SECTION 10.0 EQUIPMENT REQUIREMENTS 16 SECTION 11.0 SERVICE REQUIREMENTS 17 SECTION 12.0 SCHEDULING & ROUTING 18 SECTION 13.0 SOLID WASTE DISPOSAL FACILITY 19 SECTION 14.0 PROPOSAL CONTENT Executive Summary Description of Proposer Qualifications Experience and Management Capability Technical Reliability Operational Experience

4 14.4 Technical Proposal Waste Hauling Services (Alternative No. 1) Waste Hauling Services (Alternative No. 2) Waste Hauling Services (Alternative No. 3) Legal Standing Financial Condition and Resources Surety Letter of Intent Insurance Company Letter of Intent 2 2 SECTION 15.0 CRITERIA FOR EVALUATION 24 SECTION 16.0 COUNTY S RIGHTS UNDER THE RFP AND EVALUATION PROCESS 2 5 SECTION 17.0 GENERAL PROCUREMENT INFORMATION Schedule Proposal Submittal Pre-Proposal Conference Proposal Guarantee Selection of Contractor(s) for Negotiations Withdrawal from Negotiations Representations Operations Performance Bond Insurance Company Letter of Intent Notice to Proposers Other Procurement Information 29 SECTION 18.0 SPECIAL PROVISIONS Insurance Term and Extensions Indemnification Applicable Law

5 18.6 County Taxes Liquidated Damages Employment Discrimination Termination for Cause Termination for Convenience of County Taxes Records Retention Reporting Safety Damages to County Property Unsatisfactory Work OSHA Requirements Subcontracting of Work Independent Contractor Contractual Claims Cleaning Up Ethics in Public Contracting Liability Title to Solid Waste Drug Free Work Place

6 LIST OF ATTACHMENTS Attachment 1.Transfer Station Vicinity Map Attachment 2. Transfer Station Layout Overview Attachment 3. Tonnage Data Attachment 4. Acceptable & Non-Acceptable Waste Attachment 5. Scott County Solid Waste Ordinance FORMS Form 1 Proposal Transmittal Letter Attachment 1 - Certificate of Authorization Attachment 2 - Project Team Member List Form 2 Form 3 Form 4 Statement of Ownership Project Reference Form Part A, Certifying Inspection of Transfer Station Part B, Transportation Part C, Disposal Facility Information Part D, Legal Standing Form 5 Form 6 Form 7 Surety Letter of Intent Insurance Company Letter of Intent Price Proposal 2014

7 Submitted Proposals must include the following: Proposer Information Representations and Certifications Proposal Cost for (one or all) as listed in Section 3.0: Alternative No. 1 Alternative No. 2 Alternative No. 3 Experience History Equipment Listing Proposal Price Information Letter of Intent Non-Collusive Affidavit Cost of Proposed Services Contingency Plans for Transportation Schedule of Implementation Past Bankruptcies and Criminal Convictions Civil Suits and Governmental Investigations 2014

8 2014

9 SECTION 1.0 INTRODUCTION AND BACKGROUND (County) is soliciting proposals from qualified private firms and public entities (Proposers) to provide hauling and/or disposal services for municipal solid waste (MSW) generated within Scott County. As defined by the Commonwealth of Virginia, MSW consists of that waste which is normally composed of residential, commercial, and institutional solid waste and residues derived from combustion of these wastes. MSW generated in Scott County is currently collected at fifteen Solid Waste and Recycling Centers located throughout the County at the following locations: Hilton s Solid Waste and Recycling Center 2010 Hilton Road, Gate City,VA Yuma Solid Waste and Recycling Center 348 Colonial Post Office Rd., Gate City, VA Antioch Solid Waste and Recycling Center 2384 Nickelsville Hwy, Gate City, VA East Carter's Valley Solid Waste and Recycling Center 5018 E. Carters Valley Rd, Gate City, VA Fairview Solid Waste and Recycling Center 9313 Fairview Rd., Duffield, VA Duffield Solid Waste and Recycling Center 1163 Duff Patt Hwy., Duffield, VA Manville Solid Waste and Recycling Center 3567 Manville Rd., Gate City, VA Dungannon Solid Waste and Recycling Center 197 Hummingbird Lane, Dungannon, VA Daniel Boone Solid Waste and Recycling Center 184 Singletree Rd., Gate City, VA Clinchport Solid Waste and Recycling Center 117 Dewey Ave., Duffield, VA Moccasin Gap Solid Waste and Recycling Center 174 Filter Plant Frd., Gate City, VA Nickelsville Solid Waste and Recycling Center 146 Twin Springs Rd, Nickelsville, VA Hwy 58 Solid Waste and Recycling Center Bristol Hwy, Hiltons, VA Ft. Blackmore Solid Waste and Recycle Center 863 Island View Circle, Ft. Blackmore, VA Scott County Transfer Station 596 Landfill Ln, Gate City, VA Rye Cove Solid Waste and Recycle Center 3082 Mill Creek Rd., Ft. Blackmore, VA The collected MSW is hauled by the Scott County Department of Public Works and dumped at the Scott County Transfer Station, located at 596 Landfill Ln, Gate City, VA MSW is then loaded into tractortrailers and hauled to an out-of-county landfill. Recycled material is collected in separate bins at the centers and hauled to recycling vendors in Kingsport, TN, and metal/white goods are collected and sold to scrap metal dealers. The County will sell the metal pile once it reaches approximately 150,000 LBS. The County s Transfer Station consists of a three-sided building with tipping floor and single push pit for loading waste into tractor-trailers. The County is requesting proposals that will provide hauling and disposal services for approximately 12,000 tons of MSW annually for an initial contract term of five years, with contract renewal options for three additional five-year terms. The Proposer may provide a proposal for hauling services, disposal services, or both. 1 P a g e

10 Following Contractor selection and contract negotiations, the County anticipates a contract start date of approximately May As indicated in Table 1, approximately 12,000 tons per year of MSW generated within Scott County is disposed in an out-of-county landfill. Based on tonnage data for J a n u a r y through Decemb e r the highest single day tonnage received at the landfill was 90 tons. T a b l e 1 The population for Scott County is 22,781, and is projected to stay close to current levels through Accordingly, waste disposal quantities are also expected to remain similar to current quantities unless the service area changes (no service area changes are currently proposed). Proposers are expected to accommodate the variability in the annual tonnage delivered to the Proposer s out-of-county landfill. The Transfer Station will accept brush, residential, commercial and industrial waste such as pallets, packaging material, and off specification products. It will not accept hazardous waste as defined in the Virginia Solid 2 P a g e

11 Waste Management Regulations, friable or non-friable asbestos, and regulated medical wastes. Users of the Transfer Station will consist of municipal and commercial/industrial solid waste collection organizations as well as self-haul customers such as individual businesses and residents. Some industrial sludge may also be mixed with waste and transferred to the landfill. The County will attempt to insure that unauthorized wastes are not accepted, but it cannot provide an absolute guarantee. Contractors shall haul and dispose of dead animals accepted at the transfer station including those brought in by VDOT, Animal Control, and citizens. Large bulk quantities of dead animals will not be accepted at the transfer station. The Proposer shall dispose of the MSW received from the County at an MSW facility that meets federal Subtitle D disposal regulations and the regulations of the state in which the disposal facility is located. If the Proposer s landfill is located in Virginia, the facility shall comply with Virginia Solid Waste Management Regulations for Municipal Solid Waste Landfills. The Proposer s proposal shall comply with all other applicable federal and state codes and regulations regarding the hauling and landfill disposal of municipal solid waste. 3 P a g e

12 SECTION 2.0 DEFINITIONS For the purpose of this, the following definitions apply: Acceptable Waste -Non-hazardous solid waste defined as acceptable for disposal at a sanitary landfill in the Virginia Solid Waste Management Regulations (VSWMR) and presented in Attachment 4. Addenda - Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the RFP or the Contract Documents. CERCLA The federal Comprehensive Environmental Response Compensation and Liability Act. Contract Date -The date the Service Agreement is executed. Contract Documents -The Service Agreement, Contractor s Proposal when attached as an exhibit to the Service Agreement (including documentation accompanying the Proposal and any post-proposal documentation submitted prior to the Notice of Award), this, any Addenda issued to the, together with all amendments, modifications and supplements issued on or after the Effective Date of the Service Agreement. County -. Contractor -The Proposer which has submitted a Proposal in response to this RFP and with whom the County has entered into a Service Agreement as a result of this RFP. Commercial Waste - All solid waste generated by establishments engaged in business operations other than manufacturing. This category includes, but is not limited to, solid waste resulting from operation of stores, markets, office buildings, restaurants and shopping centers. 4 P a g e

13 Construction Waste - Solid waste that is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings, or other structures. Construction wastes include, but are not limited to, lumber, wire, sheet rock, broken brick, shingles, glass, pipes, concrete, paving materials, and metal and plastics, if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases, or semi-liquids and garbage are not construction wastes. Debris Waste -Wastes resulting from land clearing operations. Debris wastes include, but are not limited to, stumps, wood, brush, leaves, soil and road spoils. Demolition Waste - That solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction wastes. Disposal Facility - A fully permitted and operating landfill disposal facility that is in compliance with federal Subtitle D regulations, as well as applicable state and local regulations, that will be used by the Contractor for the disposal of Acceptable Waste generated in Scott County and hauled from the Transfer Station. The Disposal Facility cannot be a landfill that has been grand fathered into the federal Subtitle D requirements promulgated by the State in which the disposal facility is located but must comply fully with the minimum design requirements contained in the Subtitle D regulations, including the provision of a composite bottom liner system (or approved alternate liner system) and a leachate collection, storage and treatment system, as well as other environmental protection systems specified in the Subtitle D regulations. Hazardous Waste Wastes that are addressed in Subtitle C of the federal Resource Recovery and Conservation Act of 1980, as well as are addressed in the Virginia Hazardous Waste Management Regulations. Hazardous wastes regulated under Subtitle C will be prohibited from acceptance at the County Transfer Station and are excluded from the disposal services being procured through this RFP. Industrial Packaging and Administrative Waste - Any solid waste generated by an industry that is not generated by the manufacturing or industrial process and that is not a regulated hazardous waste or classified as special waste by the regulations of the state of Virginia or the state where the Proposer s disposal facility is located. Municipal Solid Waste (MSW) - MSW consists of that waste which is normally composed of residential, commercial, and institutional solid waste and residues derived from combustion of these wastes Non-Transferable Waste - Means explosives, pathological and biological waste; hazardous Waste, radioactive materials; foundry sand; sanitary sewage and other dilute liquid waste; human and large quantities of animal remains; motor vehicles; agricultural and farm machinery and equipment; liquid wastes; and waste such as cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, poisons, drugs or other materials that are not accepted at the disposal site or that would be likely to pose a threat to health or public safety, or cause injury to or adversely affect the operation of the Transfer Station. 5 P a g e

14 Off-Specification Products - Manufactured products that do not meet specifications for sale and do not contain any hazardous constituents and are not regulated under the hazardous waste regulations of the State of Virginia. Proposal - The document or set of documents submitted to the County by the Proposer in response to this RFP. Proposer - Any firm, Contractor, corporation, joint venture, or other group of companies that, singularly or jointly, develop and submit a Proposal in response to this. RCRA The federal Resource Conservation and Recovery Act of 1980, as it may be amended from time to time and any regulations adopted pursuant thereto. In the event the State of Virginia or the federal government adopts stricter standards for solid waste disposal, such stricter standards shall apply, whether included in RCRA or another act. Scheduled Acceptance Date - The date set forth in the Service Agreement when the Contractor has guaranteed the ability to haul and dispose of the County s MSW. Service Agreement - The written agreement between County and Contractor that is entered into pursuant to this RFP. Service Area - Scott County, including all incorporated Towns, businesses and industries therein, as well as other limited areas that may be approved by the County. Sludge - Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility. Solid Waste Ordinance - Scott County Solid Waste Ordinance. Special Waste - Solid wastes that are difficult to handle, require special precautions because of hazardous properties, or the nature of the waste creates waste management problems in normal operations. Examples include, but are not limited to, asbestos, non-infectious medical wastes, sludges, fiber mulch, and ash. Subcontractor - An individual, firm, or corporation having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the contract with the County in the Service Agreement. Services may be subcontracted only upon approval by the County of the chosen subcontractor and assurance that the subcontractor meets the same contractual requirements as the Contractor. Subtitle D Landfill - A land disposal facility designed for the disposal of Municipal Solid Waste and operating under a state or federal permit that meets or exceeds the requirements of regulations promulgated by the U.S. Environmental Protection Agency under authority of the Resource Conservation and Recovery Act (RCRA)- Subtitle D. Transfer Station - A facility located at 596 Landfill Lane near the Scott County Landfill where Acceptable Waste generated in the Service Area is delivered and transferred to long-haul vehicles for the purpose of transporting said Acceptable Waste to the Contractor s Disposal Facility. 6 P a g e

15 Users -refers to municipal and commercial solid waste collection organizations as well as self-haul customers such as individual businesses and residents that will be allowed to deposit their municipal solid waste at the Transfer Station. Work - Any activity, including procurement of materials, design, construction, testing or other activity required by the Service Agreement, to provide the County with waste hauling and/or waste disposal services. 7 P a g e

16 SECTION 3.0 REQUESTED SCOPE OF SERVICES The County is requesting proposals from qualified Proposers for the following three alternatives relative to the hauling and disposal of MSW over the contract term: 1. Alternative No. 1: Landfill Disposal Services In proposing this alternative, the Proposer will furnish all skill, labor, facilities, equipment, materials, supplies and utility services required for the disposal of approximately 13,000 tons per year of municipal solid waste from the Scott County Transfer Station in a permitted and operating Subtitle D MSW landfill for the term of the Service Agreement. 2. Alternative No. 2: Waste Hauling Services In providing this alternative, the Proposer will furnish all skill, labor, equipment, materials, supplies and utility services required for hauling approximately 13,000 tons per year of municipal solid waste from the Scott County Transfer Station to the Proposer s Disposal Facility. An onsite tractor (to provide movement of the trailers) must be provided by the contractor. Please include price for this equipment on the bid document. 3. Alternative No. 3: Landfill Disposal Services and Waste Hauling Services -This alternative includes the provision by the Proposer of the disposal services described under Alternative 1, and the hauling services described under Alternative No. 2. Other alternative service proposals may include options to handle C&D, recycling, brush, white goods, tires, and other special wastes currently being managed at the Scott County Landfill. These proposals may be submitted separately and in addition to Service Alternative Proposals 1, 2 and 3 above. Any unsolicited service alternative submitted in accordance with the requirements of this RFP will be reviewed cursorily to determine if it is favorable to the County. If, in the sole discretion of the County, it is not favorable or does not comply with the hauling and disposal requirements and conditions set forth in the RFP, it will not be considered further. If it complies with the intent of the RFP and is likely to be advantageous to the County, the County reserves the right to evaluate the alternative in detail and to accept, reject, or negotiate with reference thereto as the County, in its sole discretion, may decide. 8 P a g e

17 SECTION 4.0 REQUIRED QUALIFICATIONS To be deemed qualified, the Proposer must demonstrate the requisite experience, skills, and resources necessary to successfully provide the services and/or facilities and services requested in this RFP. The Proposer shall provide evidence that it has the management, technical and financial qualifications to perform the services included in its proposal, in accordance with the requirements of this RFP. The Proposer must demonstrate that it can provide sufficient MSW disposal capacity, in compliance with all applicable Federal, State and local codes and regulations to accommodate the MSW tonnages projected to be generated for disposal by the County s residents and businesses over at least the initial five year period addressed in this RFP. 9 P a g e

18 SECTION 5.0 EXAMINATION OF SITE AND DOCUMENTS It is the responsibility of each Proposer before submitting a Proposal to: 1. Examine thoroughly all available site information, documents and data. 2. Visit the transfer station site to become familiar with and satisfy Proposer as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. The submission of a Proposal will constitute an incontrovertible representation by Proposer: (i) that Proposer has complied with every requirement of this RFP, and (ii) that without exception the Proposal is premised upon performing and furnishing the Work required. Failure or omission to thoroughly examine any available site documents or visit the site shall in no way relieve the Proposer from any obligation with respect to its Proposal or Service Agreement. 10 P a g e

19 SECTION 6.0 INFORMATION NOT GUARANTEED Information provided in this relating to the Transfer Station site conditions is believed to be the best available, but is not guaranteed with respect to its accuracy or timeliness. All such information and the drawings of existing conditions are furnished only for the information and convenience of the Proposers. 11 P a g e

20 SECTION 7.0 PUBLIC ACCESS TO PROCUREMENT INFORMATION All proceedings, records, contracts and other public records relating to this procurement shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act. However, cost estimates relating to a proposed transaction prepared by or for the County shall not be open to public inspection. Upon request, Proposers shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals, the selection of a Proposer and the award of a contract resulting from this RFP except in the event that the County decides not to accept any of the proposals. Proposal records shall be open to public inspection after award of the contract, subject to the provisions of this section. Proprietary information submitted by a Proposer in response to this RFP shall not be subject to public disclosure under the Freedom of Information Act if the Proposer clearly marks the relevant sections of its Proposal as proprietary and confidential not for public disclosure and states the reasons why such protection is necessary. Notwithstanding the foregoing, Proposers recognize and agree that the County, its staff and their advisors will not be responsible or liable in any way for any losses that the Proposer may suffer from the disclosure of information or materials to third parties. 12 P a g e

21 SECTION 8.0 GENERAL RESPONSIBILITIES Listed below are the major responsibilities the County believes each party can best address: 8.1 County Responsibilities The County will: Negotiate in good faith and enter into an acceptable Service Agreement; Provide a Transfer Station site at the Scott County Landfill; Operate the Transfer Station including loading waste in the Contractor s trailers and moving the trailers around the Transfer Station site; Operate the Transfer Station scales for weighing vehicles; and Monitor hauling and disposal to assure compliance with the Service Agreement. 8.2 Contractor Responsibilities The Contractor will, as applicable to the alternatives included in its proposal: Negotiate in good faith and enter into a Service Agreement; Guarantee and deliver complete and operational hauling and disposal services by the Scheduled Acceptance Date (as applicable); Operate and maintain contracted facilities and services; Provide certified operators; Report and keep adequate records; Provide performance guarantees, performance bonds and other financial guarantees to ensure compliance by the Contractor of its obligations pursuant to the Service Agreement; If applicable, cause the Contractor s parent company to execute an unconditional guarantee of the Contractor s performance and payment obligations pursuant to the Service Agreement; Provide an annual report demonstrating that the Disposal Facility has sufficient disposal capacity to continue to provide disposal services to the County over the remaining term of the Service Agreement, taking into account the quantities of waste projected to be delivered by, or on behalf of, the County; Provide reasonable access to County employees and agents for the purposes of monitoring the Contractor s performance at the Transfer Station, during transport and at the Disposal Facility; and Comply with the Scott County Solid Waste Ordinance, as amended (see current Solid Waste ordinance in Attachment 3). 13 P a g e

22 SECTION 9.0 WASTE HAULING Once the waste is loaded into the trailers by the County and the Contractor connects his tractor to the trailer, the Contractor assumes all liabilities associated with the waste, transport and discharge of the waste at the sanitary landfill. If an authorized employee of the Contractor is operating the on-site tractor to move loaded trailers, the liability transfers to the Contractor as soon as the Contractor s operator enters the on-site tractor. Both the County and the Contractor will be authorized to operate the onsite tractor. Liability associated with use of the onsite tractor will be assigned to whichever entity is using the tractor. Any fines associated with overweight vehicles caused by County staff overloading the trailers at the Transfer Station will be the responsibility of the County. A representative of the Contractor shall be designated to respond to emergencies 24 hours a day. All personnel will be qualified for their positions, and will have the necessary licenses required by federal, state and local laws and regulations. The Contractor will prepare and maintain proper, accurate, and complete records and accounts of all transactions related to the waste hauling. These records will include but will not be limited to insurance and regulatory inspection records; waste disposal fees and payments, personnel training records, equipment replacement records and schedules; equipment maintenance records, safety and accident reports including waste spillage, quantity of waste handled, quantity of waste/material delivered to the disposal location, and any waste rejected at the Disposal Facility. The County will have complete access to all such records and any backup documentation during the term of the Service Agreement and for five years following the conclusion of the Service Agreement. The Contractor will provide the County with monthly reports within 10 calendar days after the end of each month, including but not limited to the following operating data: Scheduled operating days and shutdown days; Type and quantity of waste materials hauled and disposed; Maintenance summary; Accident reports; Anticipated operating schedule for the following month; Copies of all correspondence to and from government agencies related to hauling of waste from the transfer station including, USDOT, VDOT, VA State Police, VA Department of Environmental Quality, VA Department of Emergency Management and other correspondence as reasonably requested by the County. If hauling outside Virginia, the contractor shall provide copies of correspondence to and from the state agencies matching those specifically listed for Virginia; and other records and data as deemed appropriate by the County. 14 P a g e

23 Under normal operating conditions, MSW will be continuously loaded during transfer station operating hours into trailers, provided by the Contractor. Except as may be changed by the Scott County Board of Supervisors, the transfer station will be operated six days a week, Monday through Saturday from 8:00 am to 4:00 pm. The Transfer Station is closed all day on New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 15 P a g e

24 SECTION 10.0 EQUIPMENT REQUIREMENTS The Contractor is required to provide all vehicles, fuel, lubricants, equipment, tools, materials and any other items required to provide the transportation services described herein, including the cost of all maintenance activities related to the vehicle fleet. All trailers must have top covers sufficient to prevent blowing of material in route to the landfill and free of leakage. Trailers must be compatible with the design of the load-out area of the transfer station and capable of being accurately weighed on the transfer station scales and the scale house scales at the transfer station. All trailer heights should be coordinated with applicable door heights and overhead clearances. All trailers shall comply with all applicable local, state and federal laws and requirements which include applicable requirements of the Department of Environmental Quality, the Department of Transportation and the Environmental Protection Agency. Except for the onsite tractor, maintenance and repair of Contractor s equipment shall not be performed on the County s property. The Contractor may make minor repairs to the on-site tractor at the Transfer Station as space allows. 16 P a g e

25 SECTION 11.0 SERVICE REQUIREMENTS The amount of MSW will vary on a daily, weekly, monthly and seasonal basis. The Contractor must guarantee to provide transportation capability to the County for the daily, weekly, monthly and yearly amounts of MSW required to be transported from the Transfer Station. The tonnages may vary from those listed in Table 1 and Appendix A and are not guaranteed. 17 P a g e

26 SECTION 12.0 SCHEDULING & ROUTING The Contractor will be responsible for coordinating haul schedules with the Transfer Station supervisor on a daily basis. For the purposes of the Proposal, the Contractor shall submit a map showing and describing the route(s) to be used by transfer vehicles between the Transfer Station and the Disposal Facility. The Proposer shall determine that the proposed route(s) contain no road or bridge weight limits or other restrictions that would preclude their use for loaded transfer vehicles. Upon award of a contract for hauling, the contractor shall supply a contingency routing plan for situations when routes are temporarily (or permanently) unusable, when an alternative disposal facility must be used, and for other contingencies. 18 P a g e

27 SECTION 13.0 SOLID WASTE DISPOSAL FACILITY The Proposer shall provide complete documentation that the proposed Disposal Facility is constructed and operated in accordance with the applicable laws, rules, and regulations, including but not limited to the requirements of: (1) Subtitle D to the federal Resource Conservation and Recovery Act; (2) the federal Clean Air Act; (3) the federal Clean Water Act; (4) OSHA; and (5) all state and local laws, rules, and regulations that may be applicable within the jurisdiction where the Disposal Facility is located and is fully permitted for accepting municipal solid waste from Scott County. The Proposer shall provide evidence of ownership or lease agreement of the Disposal Facility. The Contractor will be required to provide to the County satisfactory indemnification for the use of any Disposal Facility. In the event that the Contractor wishes to change disposal sites, he/she may do so only after approval of an alternate site by the County. Any cost increases in transport or disposal caused by the change, shall be borne by the Contractor for the term of the Contract unless the change is in response to a force majeure and is negotiated with the County. Any cost decreases shall be passed on to the County. Annual fee escalators shall not include any increase in cost for change of location. Contractor s obligations include at a minimum equipment to properly weigh all vehicles in_bound and outbound; construct and maintain all-weather on-site roads; keep roads dust free and clear of snow and ice; construct and maintain operating daily cells; compact and dispose of waste. At no time will equipment outage be an excuse for nonperformance at the Disposal facility. 19 P a g e

28 SECTION 14.0 PROPOSAL CONTENT Requirements for the preparation and submission of proposals in response to this RFP are presented below. To be considered responsive, Proposers must follow the proposal formatting and organizational requirements included in this section. Proposals should be provided in three ring binders on 8 x 11 paper. Graphic representations and drawings are preferred on 11" x 17" paper as long as they are legible. Proposers are required to complete and attach Proposal Forms 1 through 7 of this RFP to their proposal. The Proposal must have a signed Proposal Transmittal Letter (Proposal Form 1 with attachments) in thefront followed by a Table of Contents. The other required elements of the proposal are described in the following sections Executive Summary The Proposer shall provide an Executive Summary of the Proposal. The Executive Summary must discuss the information contained in all other parts of the Proposal, except the price Proposal, in concise language. The section should be limited to no more than 10 pages, including tables and graphs. The County may distribute the Executive Summary to public officials, representatives of public interest groups, and others; therefore, the Proposer should not include any data that the Proposer judges to be confidential, as previously discussed. The Executive Summary must not contain any price, cost, or economic data. The County assumes no liability for disclosure or use of any data presented in the Executive Summary Description of Proposer The Proposer shall provide general background information about itself such as founding, affiliations with other companies, principals, offices, services, capabilities and current and past projects. The Proposer shall complete Proposal Form 2, Statement of Ownership for this section Qualifications To be deemed qualified the Proposer must demonstrate that it has the requisite experience, skills, and resources necessary to successfully perform services requested in the. A minimum of five years experience in providing solid waste services similar to those being requested through this RFP is preferred. A listing of proposed subcontractors and their qualifications must also be provided. This section should include descriptions of up to 5 projects that the Proposer is providing similar services for along with references (project name, contact person, phone number, address and relationship to the firm) provided on Proposal Form 3. The description should provide information on the type of project, equipment and personnel required, location, contract amount, and any additional services provided to the customer that may be of interest to the County. If any subcontractors are to be used they must also provide information on their qualifications in similar detail. Experience of team members prior to employment or affiliation with the Proposer shall be identified as such. 20 P a g e

29 Experience and Management Capability Proposers will be evaluated on experience in providing all services necessary for the operation and management of the transportation fleet and Disposal Facility. Each Proposer shall demonstrate the ability to perform all required tasks successfully, and must demonstrate the requisite management skills and experience in integrating the performance of such tasks. Information submitted by each Proposer to demonstrate experience should define both technical land managerial capabilities Technical Reliability To be deemed qualified; Proposers must demonstrate that the approach to be used on the project is technically reliable Operational Experience Proposers will describe up to five relevant hauling and disposal facility operations, or similar waste hauling and disposal services in which their organizations have been involved for the past three years. Proposal Form 3 should be completed for each relevant project Technical Proposal Proposers should organize their technical proposals in accordance with the three alternatives being requested by the County. The required information to be submitted for each Service Alternative is listed in the following sections. If a Proposer does not own the proposed Disposal Facility, and is including disposal services in its Proposal, the Proposer is required to submit with its Proposal copies of contractual agreements for the use of the disposal facilities or a letter of intent from the owner of the Disposal Facility certifying the owner's intent to enter into an agreement with the Proposer to provide the Contract Services required herein. Each Proposer must submit the Transfer Station inspection certification found in Proposal Form 4 - Part A. 21 P a g e

30 Waste Disposal Services (Alternative No. 1) Proposers shall provide sufficient documentation to support the guarantee to provide disposal capacity for all of the County s solid waste for at least the first 5 year term of the Service Agreement. At a minimum, this section should include information of the Disposal Facility s capacity, anticipated life, daily receiving tonnage limit, and annual tonnage limits as well as a description of the operational practices and the environmental controls. Proposal Form 4 Part B must be completes for this section. Permit information may be submitted electronically on a CD or flash drive Waste Hauling Services (Alternative No. 2) Proposers for hauling services must provide sufficient evidence of the ability to haul the County's acceptable waste in accordance with all applicable requirements. The proposal should detail the equipment and manpower resources the Proposer intends to devote to hauling the County's waste. Proposal Form 4 - Part C must be completed for this section Waste Hauling & Disposal Services (Alternative No. 3) Proposers shall provide a proposal that includes all the information specified for Alternatives 1 & 2 above Legal Standing The Proposer must complete and submit Proposal Form 4 - Part D, Legal Standing, outlining the business and legal history of the Proposer Surety Letter of Intent The Proposer shall provide a letter of intent (Proposal Form 5) in the Proposal from a surety licensed in Virginia and named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury, approved by the County (Proposal Form 5). The letter of intent shall indicate that the surety is highly confident that when full application is made by the Proposer, if the County so elects, the surety will furnish the required Performance Bond in an amount equal to the annual Service Fee as security for the performance of the Agreement Insurance Company Letter of Intent The Proposer must submit an Insurance Company Letter of Intent (Proposal Form 6) to demonstrate that the Proposer has the ability to obtain the types and amounts of insurance required under the applicable Agreement. 22 P a g e

31 14.8 Financing and Financial Resources The Proposer must demonstrate sufficient financial resources to carry out its responsibilities as outlined in this RFP, as measured by overall financial strength, liquidity, total assets, financial leverage, creditworthiness, and tangible net worth. This information shall be in the form of 10-K forms, financial statements, and annual reports for 2006 and 2007 or the most recent consecutive two operating years. If the Proposer is a newly formed joint venture that lacks sufficient history to have generated the financial statements, the financial statements for each company making up the joint venture must be submitted. Financial statements to be submitted, at a minimum, shall include a balance sheet, income statements, and statement of the sources and uses of funds. The Proposer is responsible for financing all associated operating equipment and any other items required to successfully meet the requirements of this RFP. The Proposer shall present its financing plan with assumptions appropriate to the type of financing contemplated. The County will not provide indemnification to the Contractor for loss in connection with any matter associated with the tax ownership of any equipment or facilities, including the following: Adverse Internal Revenue Service (IRS) determinations that the Contractor is not the tax owner for federal income tax purposes. Loss of the capacity of the Contractor to use the tax benefits. Various changes in law affecting either the tax benefits or the Contractor. Recapture of any tax benefits by the IRS due to a presumed disposition of equipment where a permanent shutdown occurs following an uncontrollable circumstance or change in law Cost Proposal The Proposer must submit a cost Proposal for the alternatives included in its proposal by using Proposal Form 7. Form 7 and any associated cost related information must be submitted in a sealed envelope separate from the rest of the proposal. Proposer's submitting proposals to provide only hauling services should submit separate cost proposals for hauling to at least to three disposal facilities: 23 P a g e

32 SECTION 15.0 CRITERIA FOR EVALUATION The proposal will be evaluated according to the following criteria. Proposers are welcome to submit supporting information which describes their qualifications and capabilities regarding each of these criteria. 1. Prior experience in solid waste services including, but not limited to, waste handling and hauling. This will include the ability to safely and efficiently haul waste and provide safe waste disposal services. 2. Ability to have the proposed waste hauling and disposal services in place in time to meet the County's needs. 3. Proposed fee schedule, including factors, multipliers and adjustments. 4. Specifics regarding the Proposer's financial stability. 5. Ability to provide the most comprehensive parent guarantees, performance and level of insurance coverage to the County. 6. Overall benefit to the County. 7. Technical approach to meet the County s solid waste needs. 8. Approach and methods of dealing with problems the Proposer believes could occur during long_term hauling and disposal operations. 9. Contractor Equipment and Facilities and Proposed services. 10. Proposal completeness and responsiveness. 11. Other information responsive to this RFP. 12. Interviews - The County may select one or more Proposers on the basis of the aforementioned factors and request interviews to discuss in detail the project approach and services to be provided. 24 P a g e

33 SECTION 16.0 COUNTY S RIGHTS UNDER THE RFP AND EVALUATION PROCESS The County reserves and holds the following rights and options, which may be, exercised at its sole discretion with respect to this RFP and evaluation of Proposals and various unsolicited service alternatives: 1. To select and enter into an agreement with a Proposer submitting on this RFP who, in accordance with the evaluation criteria noted herein, best meets the long-term solid waste management and disposal needs and interests of the County; 2. To terminate this procurement process by written notice to the Proposer(s) for any reason whatsoever; 3. To reject any Proposal by written notice to Proposer; 4. To supplement, amend, or otherwise modify this RFP in writing; 5. To waive immaterial deviations from the RFP requirements; 5. To amend the scope of services after selection for negotiation of one or more Proposers to include services not currently contemplated herein; and 6. To award a Hauling and Disposal Services Agreement(s) to the most responsible and responsive Proposer(s), as evidenced during the procurement and negotiation process, and who meets the requirements and evaluation factors as set forth in the RFP and not necessarily to the Proposer(s) presenting the lowest fees in its Proposal. 25 P a g e

34 SECTION 17.0 GENERAL PROCUREMENT INFORMATION 17.1 Schedule The County anticipates adhering to the following schedule: Bids Due April2-, 2:00PM. Selection of vendor By April 8, 2014 Get BOS Approval for contract negotiations April 9, 2014 Negotiations and writing of contract By April 30, 2014 Final BOS approval of contract May 7, 2014 Contract Signed Target date of May 16, 2014 Last day of hauling to BFI (current contract) May 24, 2014 First Day of hauling to new vendor. May 27, Proposal Submittal Proposals must be submitted to Ms. Kathie Noe, County Administrator, 336 Water Street, Gate City, VA Four (4) copies of each Proposal shall be submitted in a single sealed envelope or package, bearing on the outside the name of the Proposer and the words, Sealed Proposal for Disposal and Hauling Services. No proposals will be accepted after the proposal due date. The date of postmark will not be considered. Each copy of the proposal should be bound or contained in two volumes - a separate Cost Proposal and the remainder of the Proposal submission requirements. Loose material and additional volumes may not be considered by the County in its evaluation process. Oversized items (plan drawings) may be separate if referenced (including number of pages) in the bound proposal. 26 P a g e

35 Written comments or questions on the RFP will be accepted until 5:00 p.m. on March 21, 2014, and should be submitted in writing to: Bill N. Dingus, Director of Public Works 336 Water Street Gate City, Virginia No oral interpretations will be made to any Proposer. Responses to all questions will be in the form of a written addendum, issued to all Proposers. Any other communications The Contractor must agree to comply with the specified requirements regarding the condition and appearance of trucks to be used by the Contractor to carry out the requirements of the Contract: The County shall have the right to inspect any and all Contractor vehicles and equipment at its convenience for appearance and safety reasons Pre_Proposal Conference No pre-proposal conference will be held. Proposer may visit the Scott County Transfer Station at 596 Landfill Lane near Gate City, Virginia during operating hours-- M-S 8am -4pm. Questions derived from such a visit shall be answered per SECTION Proposal Guarantee A Cashier s Check or Bid Bond in the amount of $10,000, payable to Scott County, must accompany the Proposal as a Proposal Guarantee that, if the proposal is accepted, the Contractor will execute the Service Agreement within ten (10) days of Contractor s acknowledgment of completion of contract negotiations. Failure or refusal of the successful Contractor to enter into the Contract within said time frame will result in the forfeiture of the Cashier s Check or Bid Bond to the County. Proposals that are received without such Proposal Guarantee will not be considered. The Proposer must certify that Proposals are valid for at least 180 days. If a Proposer selected for negotiations withdraws its Proposal, or if the Proposer fails to negotiate in good faith with the County, the Proposal Guarantee shall be forfeited and retained by the County. The Proposal Guarantee of Proposers who are not selected for negotiations will be returned within 90 days after the Contractor selection Selection of Contractor(s) for Negotiations This RFP establishes general evaluation principles governing the review of Proposals submitted hereunder. Notwithstanding those general principles, the County reserves the right, at its sole discretion, to select as the preferred Contractor(s) for negotiations, the individual or entity who or which in the County's judgment, is deemed to be fully qualified and best suited among those submitting proposals, taking into account all considerations deemed relevant. The County reserves the right to reject any or all proposals, to waive informalities, and to reissue any and/or cancel the procurement in its discretion. The 27 P a g e

36 County will not have any liability or other obligation whatsoever for any costs or expenses incurred by any Proposer in the analysis and preparation of a Proposal or for a Proposal Guarantee hereunder or for any interviews, meetings, contract negotiations, site visits, or other deliberations concerning the same Withdrawal from Negotiations The preferred Contractor(s) may withdraw from the negotiation process at any time prior to the projected date for award of contract(s), and will forfeit their Proposal Guarantee. The withdrawal shall be in writing, signed by the same individual who signed the Proposal cover letter, and delivered to the County by certified mail. All materials made available to the County up to the date of withdrawal shall become the sole and exclusive property of the County Representations In preparing this RFP, reliance has been placed on written and oral information from third parties. The County makes no representation or warranty concerning the accuracy or completeness of any such information or of any projections or estimates contained herein Operations Performance Bond During operations, an Operations Performance Bond, based on anticipated transportation and disposal fees for one year, is required. Such bonds shall be underwritten by a surety company legally authorized to do business in the State of Virginia and acceptable to the County. The Proposer shall provide a letter of intent in the Proposal from a surety approved by the County (Proposal Form 5) and licensed in the State of Virginia indicating that the surety is highly confident that when full application is made by the Proposer, if the County so elects, the surety will furnish the required Performance Bond in an amount equal to the annual Service Fee as security for the performance of the Agreement Insurance Company Letter of Intent The Proposer must submit an Insurance Company Letter of Intent (Proposal Form 6) to demonstrate that the Proposer has the ability to obtain the types and amounts of insurance required under the applicable Agreement Notice to Proposers Companies not incorporated in the State of Virginia must be registered with and qualified to do business in Virginia by the State Corporation Commission and otherwise be in compliance with State Code in order to enter into a contract with the County. Proposers must supply with their Proposals their Federal Tax Identification Number (FTIN) as such number is shown on their Employer's Quarterly Federal Tax Return. The FTIN shall be inserted on the Cost Proposal page. 28 P a g e