Solid Waste Collection - Multi-Year Contract

LOCATION Glynn County is located on the Southeastern part of the State of Georgia. Its Northern boundary is formed by the Altamaha River, Wayne and Brantley Counties on the west, Camden County on the south, and the Atlantic Ocean on the east. As a favorable consequence of its geology, the County has the Port of Brunswick. The Port has been of immense economic benefits to Glynn County. By roadway, Brunswick is located: 78 miles from Savannah, 315 miles from Atlanta, 225 miles from Macon, 262 miles from Columbus, and 180 miles from Albany. Jacksonville, Florida is located 79 miles from Brunswick. TOPOGRAPHY Glynn County lies within the Lower Coastal Plain Physiographic Province and has topography typical of this province of very gently rolling uplands interspersed with low lying swampy area. Elevations range from sea level along the coast to forty-five feet in the western part of Glynn County. The County encompasses 423 square miles. POPULATION The most recent census established the population of Glynn County at just below 85,000.
Addendum #1: Please use the See What Changed link to view all the changes made by this addendum.
Addendum #2: Addendum #2 SOLID WASTE COLLECTION – MULTI-YEAR CONTRACT INVITATION FOR BIDS NO. IFB27-006 ADDENDUM NO. 2 This Addendum No. 1 is issued to modify and clarify the Invitation for Bids and Contract Documents for IFB27-006, Solid Waste Collection – Multi-Year Contract. All other terms, conditions, specifications, and requirements of the IFB and Contract Documents remain unchanged except as expressly modified herein. In the event of any conflict or inconsistency between this Addendum and the original IFB or Contract Documents, the terms of this Addendum shall control. 1. PERFORMANCE SECURITY – LETTER OF CREDIT OPTION The first paragraph of Section 4.34, Bonds , is deleted and replaced with the following: 4.34. Performance Security. The Contractor shall furnish performance security in the amount of Five Hundred Thousand Dollars ($500,000.00) for the entire length of the Contract, including the initial term and each renewal or option period exercised by the County, to secure the Contractor's faithful performance of its obligations under the Contract. The Contractor may satisfy this requirement by furnishing either: (a) a performance bond with good and sufficient surety or sureties acceptable to the County; or (b) an irrevocable standby letter of credit in a form and from a financial institution acceptable to the County. Performance Bond. Any performance bond shall be dated as of the same date as the Contract and shall be furnished to the County at the time the Contract is executed. The bond shall be issued by a company licensed to do business in Georgia, shall be signed or countersigned by a Georgia resident agent, and shall have a proper Power of Attorney evidencing the authority of the individual signing the bond. Included with the bond shall be a signed Affidavit on the form provided with the Contract Documents. The bond shall otherwise meet all requirements of the Contract Documents. Irrevocable Standby Letter of Credit. Any irrevocable standby letter of credit shall: be issued by a federally insured financial institution acceptable to the County; name Glynn County, Georgia as the sole beneficiary; be in the amount of Five Hundred Thousand Dollars ($500,000.00); be payable upon presentation of a written demand by the County in accordance with its terms; remain continuously in effect throughout the initial Contract term and any renewal or option period exercised by the County; and if subject to an expiration date, provide for automatic renewal or require not less than sixty (60) days' prior written notice to the County of any nonrenewal or expiration. If a letter of credit will not be renewed or extended, the Contractor shall furnish replacement performance security acceptable to the County before expiration of the existing letter of credit. Failure to furnish replacement performance security prior to expiration shall constitute a material default under the Contract and shall entitle the County to draw upon the existing letter of credit to the extent permitted by its terms. The performance security shall secure the Contractor's faithful performance of its obligations under the Contract and shall be available to the County to the extent permitted by its terms for costs, expenses, damages, and other amounts recoverable as a result of the Contractor's default. The remaining provisions of Section 4.34, including any requirements applicable to out-of-state contractors, remain unchanged. 2. EQUITABLE ADJUSTMENT FOR MATERIAL CHANGES IN LAW OR REGULATORY REQUIREMENTS Section 4.33, Contract Period , is amended by deleting the sentence stating that all prices, terms, and conditions shall remain firm for the initial period of the Contract and any renewal periods and replacing it with the following: Except as expressly provided in Section 4.47(c), all prices, terms, and conditions shall remain firm for the initial period of the Contract and for any renewal or option periods exercised by the County. Section 4.47, Changes in the Contract , is amended by adding a new subsection (c) as follows: (c) Material Changes in Law or Regulatory Requirements. The County will consider a request for an equitable adjustment resulting from a material change in applicable law, taxes, mandated disposal or processing requirements, or other governmental regulatory requirements that: becomes effective after the bid due date; could not reasonably have been anticipated or included in the Contractor's submitted pricing; and directly and materially increases or decreases the Contractor's cost of performing the services required under the Contract. Ordinary changes in labor costs, fuel prices, equipment costs, insurance costs, financing costs, inflation, general market conditions, or other normal costs or risks of doing business shall not constitute a basis for an equitable adjustment under this subsection. Any request for an equitable adjustment must be submitted to the County in writing within thirty (30) days after the Contractor knew or reasonably should have known of the qualifying change. The request shall include documentation sufficient to demonstrate the change and its direct net cost impact, including an itemized breakdown of the affected costs and any corresponding cost savings. The parties shall negotiate in good faith concerning any qualifying request. Any equitable adjustment shall be limited to the documented net incremental cost or savings directly attributable to the qualifying change. No adjustment shall be effective unless mutually agreed upon by the County and Contractor and incorporated into the Contract by written amendment in accordance with this Section. Any approved adjustment shall apply prospectively in accordance with the terms of the written amendment. The respective termination rights of the County and Contractor under Section 4.38 remain unaffected. If the parties are unable to agree upon an equitable adjustment, either party may exercise any termination right otherwise available to it under Section 4.38. 3. INSURANCE – PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS Section 4.4, Contractor's Insurance , is amended by deleting the requirement for: Errors and Omissions or Professional Liability insurance of at least Two Million Dollars ($2,000,000) per claim. Any other reference within Section 4.4 requiring professional errors and omissions or professional liability insurance for this Contract is likewise deleted. All other applicable insurance requirements contained in Section 4.4 remain unchanged and in full force and effect. 4. SECTION 4.38 – TERMINATION Section 4.38, Termination , is deleted in its entirety and replaced with the following: 4.38. Termination. (a) Termination for Convenience. Either party may terminate this Contract for convenience upon not less than one hundred eighty (180) days' prior written notice to the other party. In the event of termination for convenience by the County, the Contractor shall be compensated for services satisfactorily performed through the effective date of termination, subject to any rights of setoff, recoupment, or other rights or remedies available to the County under the Contract or applicable law. Except for amounts properly due for services satisfactorily performed through the effective date of termination, the Contractor shall not be entitled solely by reason of a termination for convenience to lost or anticipated profits, reimbursement of unamortized capital expenditures, financing costs, or other termination charges. Termination for convenience shall be without prejudice to any rights or remedies of either party arising from matters occurring prior to the effective date of termination. (b) Termination for Cause. The County may terminate this Contract for cause upon written notice to the Contractor if the Contractor: (i) materially fails to perform the services in accordance with the Contract; (ii) persistently or repeatedly fails to perform the services or comply with required service levels, collection schedules, performance standards, complaint-resolution requirements, or other material requirements of the Contract; (iii) abandons, ceases, or materially interrupts performance of the services without authorization; (iv) fails to maintain the personnel, vehicles, equipment, insurance, performance security, licenses, permits, or other resources, qualifications, or legal authority necessary to perform the services; (v) materially or persistently fails to comply with applicable laws, ordinances, rules, regulations, or lawful orders of a governmental authority having jurisdiction; (vi) fails to make payment when due to subcontractors or suppliers in connection with performance of the services, unless the Contractor provides satisfactory evidence of a bona fide dispute concerning such payment; or (vii) otherwise materially breaches the Contract. Except where a shorter cure or performance period is expressly required elsewhere in the Contract, the County shall provide the Contractor written notice specifying the default and a reasonable opportunity to cure where the default is reasonably susceptible to cure. Unless otherwise provided in the Contract or reasonably required by the nature of the default, the cure period shall not be less than ten (10) days. No cure period shall be required where the default: involves abandonment, cessation, or material interruption of the services; creates an immediate or material threat to public health or safety; involves the failure to maintain required insurance, performance security, licensure, permitting, or other legal authority necessary to perform the services; constitutes a persistent or repeated default for which the Contractor has previously received notice; or is otherwise not reasonably susceptible to cure. If the Contractor fails to cure a default within the applicable cure period, the County may terminate the Contract, in whole or in part, effective upon the date specified in written notice to the Contractor. In the event of termination for cause, the Contractor shall be compensated only for services satisfactorily performed through the effective date of termination, subject to the County's rights of setoff, recoupment, and other remedies under the Contract or applicable law. The County may call upon any performance security furnished under the Contract, to the extent permitted by its terms and applicable law, to recover costs, transition expenses, damages, or other amounts resulting from the Contractor's default. The Contractor shall remain liable for amounts properly recoverable by the County that exceed the available performance security. Termination for cause shall not be subject to the one hundred eighty (180) day notice requirement applicable to termination for convenience and shall be without prejudice to any other right or remedy available to the County under the Contract or applicable law. (c) Effect of Termination. Upon expiration or termination of this Contract for any reason, the Contractor shall cooperate fully with the County and any successor service provider in effecting an orderly transition of the services and avoiding interruption of solid waste collection services. The Contractor shall promptly deliver or make available to the County or its designee all County-owned property and all records, route information, service data, customer information, reports, and other materials in the Contractor's possession or control that are required under the Contract or reasonably necessary for the orderly transition and continuation of the services, subject to applicable law. The Contractor shall continue performing all required services through the effective date of termination unless otherwise directed in writing by the County. The respective rights and obligations of the parties that by their terms or nature should survive expiration or termination of the Contract shall survive.
Addendum #3: Please use the See What Changed link to view all the changes made by this addendum.
Addendum #4: It was discovered that the pricing table for the "Percentage Increase from Base Year Costs" for the Miscellaneous section would not allow bidders to enter a percentage, and would only allow a dollar amount to be added. The pricing table was updated to correct this issue and bidders are now able to enter a percentage. Please use the See What Changed link to view all the changes made by this addendum.
Addendum #5: This addendum is being published to provide clarity on Line Item #4 in the Miscellaneous Service Fees Pricing Table. The cost being requested is the annual cost, per household, for Roll-Out / Backdoor Services.