HomeMy WebLinkAboutFC RFQ_MSW Disposal Capacity Assurance rev
REQUEST FOR QUALIFICATIONS (RFQ)
FOR
MUNICIPAL SOLID WASTE DISPOSAL CAPACITY ASSURANCE
FRANKLIN COUNTY, PA
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I. Purpose Statement
The Franklin County Board of Commissioners through the Franklin County Planning
Commission is accepting qualifications for the disposal of municipal solid waste
generated within the County of Franklin. Through this Request for Qualifications, the
County will select the disposal facilities and method of disposal to ensure disposal
capacity in accordance with the provision of, the Pennsylvania Municipal Waste
Planning, Recycling, and Waste Reduction Act of 1988, 53 P.S. § 4000.101, et seq.
(“Act 101”). Act 101 mandates that each County must have secured disposal
capacity for the municipal waste generated within its boundaries for a period of ten
years. Those facilities entering into agreement with the County for secured capacity
will be designated in the Municipal Solid Waste Management Plan of Franklin County.
Owners of processing or disposal facilities desiring to use those facilities to process
or dispose municipal solid waste generated within Franklin County must respond to
this RFQ with a separate proposal for each such facility by the appropriate deadline,
including submission of an executed Municipal Waste Disposal Capacity Assurance
Agreement.
II. Submittal Information
Franklin County seeks written responses. Responses should include the following
elements in order:
A. Cover letter on company letterhead
a. The cover letter shall state all information submitted and represented
both in the qualifications and in support of the qualifications is accurate
and factual. The letter shall designate by name and title the key
technical and organization representatives who, if the contractor is
selected, will negotiate with the County.
b. An officer or employee of the organization submitting the proposal, and
authorized to sign such documents, shall sign the cover letter. The
same individual signing the cover letter shall sign the disposal capacity
contract and all forms in the proposal requiring signatures.
B. Statement of Qualifications
a. See Section IV.
C. Signed Municipal Solid Waste Disposal Capacity Assurance Agreement
a. The organization submitting the proposal shall complete and submit the
signed Capacity Assurance Agreement guaranteeing disposal capacity.
The same person authorized to submit the proposal shall sign the
contract.
D. Forms
a. Capacity Assurance Agreement Form A – Cost of Disposal.
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b. Capacity Assurance Agreement Form B – Reserved Capacity.
c. Form C – Representations and Certifications.
d. Form D – Contractor Information.
e. Form E – Signed Disclaimer Statement.
III. Background
Location and General Characteristics
Franklin County is located in Southcentral Pennsylvania. It is comprised of 15
townships and 7 boroughs and encompasses 771.9 square miles with a 2020 U.S.
Census population of 155,932. The Borough of Chambersburg is the County seat.
The majority of the County lies within the Cumberland Valley. Major highways that
provide access to the County include State Routes 11, 16, 30, 75 and sections of the
Interstate highway system Routes 76 and 81.
Current Disposal Practices
Collection, processing, recycling, and disposal services for municipal waste are
provided by the private sector or by local municipalities. Land disposal is the currently
predominant method of management for municipal solid waste in Franklin County.
However, that does not preclude facilities with other methods of waste management,
such as incineration, from being considered for use.
Two landfills currently operate within the County. No guarantees, or put or pay
provisions, were made by Franklin County for minimum waste volumes to be
delivered for disposal as part of the existing agreements and such guarantees will not
be considered in the new contractual agreements.
Franklin County allows haulers to select from a variety of disposal options. Four
different facilities received municipal waste from Franklin County in 2023. Eleven
facilities have formal disposal agreements with the County as of the 2013 Plan
Update. Five additional disposal facilities received other types of Franklin County-
generated non-municipal waste in 2023. Some of the waste collected in Franklin
County is delivered to an interim facility before its ultimate disposition. There is
currently one permitted transfer station in the County.
Franklin County operates in an open-menu flow control. This means that Franklin
County designates facilities in the Municipal Solid Waste Plan which are able to
receive Franklin County-generated waste. The County is in the process of preparing
a Plan revision. As part of this plan revision process, Franklin County is seeking
qualified facilities to submit qualifications for processing or disposal capacity. Owners
of processing or disposal facilities desiring to use those facilities to process or dispose
of municipal solid waste generated within Franklin County must respond to this RFQ.
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The Municipal Solid Waste Disposal Capacity Assurance Agreement requires each
proposer to offer to accept at least a certain minimum tonnage at a not to exceed
price, but each selected proposer will be free to compete for more tonnage at lower
prices if it desires to do so.
New contracts will be negotiated with qualified facilities, based on the content of this
RFQ, for a minimum of ten years. Components of the municipal waste stream that
were not part of the original plan or disposal contracts will be included in the new
contracts.
This table presents projected disposal capacity requirements for the years 2026
through 2036. The tonnages are projected using a constant per capita rate.
Year MSW (tons) Residual (tons)
C&D Waste (tons)
Sewage Sludge (tons)
Asbestos (tons) Total Waste (tons)
2026 103,624 26,272 16,672 10,560 247 157,376
2027 103,642 26,276 16,675 10,562 247 157,402
2028 103,659 26,281 16,678 10,564 247 157,428
2029 103,676 26,285 16,681 10,566 247 157,455
2030 103,693 26,289 16,684 10,567 247 157,480
2031 103,710 26,294 16,686 10,569 247 157,506
2032 103,728 26,298 16,689 10,571 247 157,533
2033 103,745 26,303 16,692 10,573 247 157,559
2034 103,762 26,307 16,695 10,574 247 157,585
2035 103,780 26,311 16,697 10,576 247 157,611
2036 103,797 26,316 16,700 10,578 247 157,638
Total 1,140,816 289,232 183,550 116,260 2,715 1,732,573
IV. Qualifications Information
The organization submitting the qualifications shall provide sufficient information to
demonstrate and prove experience, skill, management, and resources required to
provide consistent, reliable, and legal disposal facilities to Franklin County.
Statement of qualifications must contain the following:
A. Current Agreements
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a. List counties and/or municipalities currently contracting with the
facility for disposal capacity.
b. List municipalities with which the facility has secured host
agreements.
B. Experience of Managers and Supervisors
a. Experience and qualifications of the management team directly
responsible for the day-to-day operation of the facility proposed to
accept waste.
b. List of site management personnel and detailed description of their
industry experience, training, and responsibilities.
C. Compliance History
a. Covering the most recent ten-year period, or if in operation less than
ten-years, for the length of its operating term. History must be
inclusive of Federal, State, and Local Environmental Protection Acts
and Regulations including but not limited to those concerning Solid
Waste Management, Air Quality, Water Quality, Water Supply,
Surface Mining, Oil and Gas Management, Dam Safety and
Encroachment, Conservation and Reclamation.
List any permit or license denial, suspensions, or revocations; any
notices of violations; any administrative orders, consent
agreements, or adjudications issued or civil penalties assessed by
Federal, State, or Local Regulatory Agencies. The dates and
resolutions for each item listed must be included. The organization
submitting the proposal must describe any summary, misdemeanor,
or felony convictions and pleas of guilty and no contest obtained
against the organization both within the Commonwealth of
Pennsylvania and also outside its borders. The description shall
include the date, location, nature, and disposition of each stated
action.
b. Organizations may submit a copy of the PADEP Form C,
Compliance History, in lieu of a written description of the compliance
history. Facilities located in other states that require completion of a
similar document may submit in lieu of a written description provided
that document includes all of the information required in this section.
D. Certification of Permit
a. A copy of the approved current operating permit for the
organizations facility proposing to accept waste shall be submitted
along with the copies of approvals for any addendums or revisions
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approved since its issuance by the State Regulatory Agency with
direct oversight for the facilities operation.
E. Facility Design and Operational Plan
a. Provide a short description of the disposal facility it intends to utilize
in response to this RFQ. Design drawings are not required in the
qualifications, but the County reserves the right to request such
information during the review and/or selection process. Responses
should be comprehensive and informative without being
encyclopedic.
b. Description shall include:
i. Name and location of the facility (including the names of the
municipalities in which it is physically located)
ii. Outline of the operating plan for the life of the facility including
post-closure care
iii. Description of the daily record keeping procedures and
measurement of waste
iv. Waste acceptance and monitoring program
v. Environmental emergency response plan
vi. Brief description of landfill liner system and method of
leachate control, monitoring, and treatment
vii. Other types of disposal facilities shall include a detailed
description of the technology and equipment utilized to
process municipal waste, the by-products of the process and
methods of handling the by-products
F. Permitted Volumes and Operating Hours
a. List current permitted average and maximum daily, yearly, and life-
of-permit tonnage limits for the organization’s disposal facility
utilized in response to this RFQ.
b. List hours the facility is permitted to accept waste.
c. Outline the preferred procedures for accepting an excessive amount
of waste resulting from a natural disaster or other emergency in the
County at the facility it intends to utilize in response to this RFQ.
d. Include a contingency plan for accepting solid waste outside of the
normal operating hours or during emergency or temporary closure
of the disposal facility. The method by which uninterrupted disposal
service will be provided to Franklin County in the event that an
emergency or other uncontrollable circumstance precludes the use
of the facility shall be included.
G. Available Capacity (Airspace)
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a. The facility proposing to accept waste must prove and document
both its most current annual and also its most current quarterly
airspace usage and available capacity based on its existing
permitted status. For facilities located in Pennsylvania, a copy of the
most recent PADEP annual report will suffice in this regard.
Should the facility’s current available permitted capacity be less than
ten years, the organization submitting the proposal shall include a
narrative detailing provisions for providing disposal capacity beyond
the fixed terms of the permit. Options for expanding capacity shall
be consistent with the current Federal, State, and Local laws and
regulations.
H. Financial Performance Assurances
a. Proposer must submit proof of sufficient financial responsibility for
the facility in the form of an existing bond for the proper closure and
post-closure of the facility along with the proof of pollution liability
and public liability insurance. The form, dollar amount, terms,
conditions, and limits shall be stated.
Franklin County shall have the right to make such investigations as
deemed necessary to determine the ability of the proposer to
perform the services required under the Municipal Waste Disposal
Capacity Agreement. Upon request by Franklin County, the proposal
shall furnish and certify all supporting data and information that the
County may request to demonstrate the proposer’s qualifications
and capabilities to perform the required services over the full term
of the contract.
Proposers may be required to submit sworn statements of their
financial responsibility, technical qualifications and performance
record prior to the award of any contract. The County reserves the
right to confirm the sources cited.
I. Innovative Financial and/or Programmatic Assistance
a. The County is seeking respondents that consider voluntary, tangible
financial and/or programmatic support to Franklin County’s
integrated waste management programs. Proposals responsive to
this need might include provision of services purchased by Franklin
County in the past or revenue sharing or a mixture of these
approaches. Facility respondents are encouraged to develop and
propose innovative, cost-effective alternatives to meet this need.
Facilities may want to partner with other providers in making a
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proposal. Proposals shall specify how the facility offers to support
Franklin County’s integrated waste management services which
shall include qualification and quantification of how the proposer
shall tangibly augment Franklin County’s programs during the
service period.
V. Capacity Assurance Agreement Terms and Conditions
a. See Attachment 1
VI. Submission Requirements
RFQ submittals should be succinct and to the point. Technical questions concerning
this RFQ shall be submitted in writing, no later than 3:00 PM Eastern on June 27,
2025 to procurement@franklincountypa.gov.
Sealed Responses are due July 7, 2025 on or before 3:00 PM. To qualify for
consideration, one original and one electronic copy of the qualifications are to be
submitted to:
Franklin County Procurement Administration Building 272 North Second Street Chambersburg, PA 17201
The outside of each sealed envelope must be marked “Qualification – Disposal
Capacity”. One copy of the qualifications document must be clearly marked as the
original and contain the original forms, the municipal solid waste disposal capacity
agreement and cover letter.
VII. Timeline and Evaluation
Timeline
The expected proposal schedule is listed below. Franklin County reserves the right to
change the proposal schedule. If changes are made, Responders will be notified in
the form of an addendum to the RFQ posted on the County’s website.
RFQ Released June 14, 2025
Virtual Pre-Submission Conference (Optional) June 20, 2025 at 2 PM Eastern
Deadline to submit Written Questions June 27, 2025 at 3 PM Eastern
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RFQ Response Due Date July 7, 2025 at 3 PM Eastern
RFQ Response Evaluated Week of August 4, 2025
Capacity agreements signed Week of September 8, 2025
Effective Agreement Date for selected facilities January 1, 2026
Evaluation
Qualifications shall be clear and concise and prepared in conformance with the format
provided. Qualifications that exclude or inadequately address any required
information may be rejected. The County reserves the right to clarify any/or all
portions of Proposer’s qualifications. All reasonable qualifications will be considered.
Proposers will be evaluated with respect to meeting minimum qualifications and
requirements. All proposals received shall be subject to an evaluation by
representatives of the County. The following factors will be considered in making the
final selection:
• VERIFICATION - Based on verifiable information provided about the firm,
including but not limited to: entity name, principals, incorporation, licensing,
and customer references.
• RESPONSIVENESS - Based upon the understanding exhibited by the firm in
statements of work presented in the proposal including the ability and
experience of personnel assigned.
• EXPERIENCE - Based upon applicable experience of the firm and key team
members with similar type projects within the recent past.
• REPORTING ABILITY - Based upon proposed data management systems to
assure accurate data collection, analysis, and reporting of volumes.
VIII. Forms – See Attachment 2
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ATTACHMENT 1
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MUNICIPAL WASTE DISPOSAL CAPACITY ASSURANCE AGREEMENT
This MUNICIPAL WASTE DISPOSAL CAPACITY ASSURANCE AGREEMENT (hereinafter
referred to as the “Contract”) entered this ______ day of _________, _____ by and between
THE COUNTY OF FRANKLIN, Franklin County, Pennsylvania, hereinafter referred to as the
“County” and “___________________________” hereinafter referred to as the “Contractor”.
WITNESSETH:
WHEREAS, the Board of County Commissioners, acting through the Franklin County
Planning Commission, have developed and adopted the 2013 Municipal Waste
Management Plan for Franklin County and its revisions in 2025 in accordance with the
requirements of the Pennsylvania Municipal Waste Planning, Recycling and Waste
Reduction Act of 1988, 53 P.S. § 4000.101, et seq. (“Act 101”); and,
WHEREAS, the municipalities in Franklin County have duly approved and ratified this 2013
Municipal Waste Management Plan for Franklin County pursuant to the requirements of
Section 501 of Act 101; and,
WHEREAS, this 2013 Municipal Waste Management Plan for Franklin County and its
revisions in 2025 require that all municipal waste generated within Franklin County must be
disposed only at a municipal waste processing or disposal facility that is designated by the
County pursuant to this plan to insure the availability of adequate permitted processing and
disposal capacity for the municipal waste generated in Franklin County; and,
WHEREAS, the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101,
requires the County, as part of its plan, to provide for assurance for capacity or the
processing and disposal of all municipal waste expected to be generated within the County
for a period of at least the next ten (10) years, and further requires the County to execute
and submit to the Department, contracts evidencing the implementation of its approved Plan
and insuring sufficient available processing or disposal capacity; and,
WHEREAS, the Contractor wishes to be designated by the County as one of the municipal
waste processing or disposal facilities where the municipal waste generated within Franklin
County must be disposed; and,
WHEREAS, the Contractor is willing to guarantee the availability of adequate, permitted
processing or disposal capacity for such waste and the costs for such services for a ten- year
contract period in exchange for such designation by the County; and,
WHEREAS, the County and the Contractor now desire to enter into this Contract in order to
effectuate the goals of the Municipal Waste Management Plan for Franklin County and to
further set forth the agreements between the parties with respect thereto;
Name of Facility/Parent Company
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NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the undersigned hereby agrees as follows:
DEFINITIONS
Unless the context clearly indicates otherwise, the following words and terms, as used in this
Contract, shall have the following meanings:
Acceptable Waste - Waste that (Contractor) is permitted to
manage, process, store and/or dispose at the Landfill, in accordance with its Permit for a
Solid Waste Disposal and/or processing Facility, Permit No. which was
issued by the Pennsylvania Department of Environmental Protection ("DEP") or the
equivalent regulatory agency in the state where the facility is located in
________________________, and under applicable Pennsylvania law or that in which the
facility is located, including, but not limited to, the Pennsylvania Solid Waste Management
Act and the rules and regulations promulgated thereunder; and waste which is not
inconsistent with the Landfill's Waste Acceptance Policy as defined herein.
Act 101 - The Pennsylvania Municipal Waste Planning Recycling and Waste Reduction Act
of 1988. "The Act."
Affiliate - Any individual or entity that controls, is controlled by, or is under common control
with a party to this Contract, or in the case of a sole proprietor, any blood relative or employee
of the contractor, as designated by this Contract.
Bulky Waste (White Goods) - Large items of refuse, including, but not limited to, appliances,
furniture, auto parts, trees, branches or stumps which may require special handling due to
their size, shape or weight.
Commercial Waste - All solid waste originating from commercial establishments engaged in
non-manufacturing or non-processing business, including, but not limited to, stores, markets,
office buildings, restaurants, shopping centers and theaters.
Construction Demolition Waste - Municipal Solid Waste resulting from the Construction or
Demolition of buildings and other structures, including, but not limited to, wood, plaster,
metals, asphaltic substances, bricks, block and unsegregated concrete.
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Contract - The Municipal Waste Disposal Service Contract, between the County and the
Contractor.
Contractor - or any permitted successors, assigns, or affiliates.
County - The County of Franklin, Pennsylvania, the Franklin County Board of County
Commissioners, the Franklin County Planning Department or their designated
representative.
Department or DEP or PADEP - The Pennsylvania Department of Environmental
Protection (DEP or PADEP).
Domestic or Residential Waste - Solid waste comprised of garbage and rubbish, which
normally originates from residential private households or apartment houses.
Garbage - Putrescible animal or vegetable wastes resulting from the handling,
preparation, cooking, serving or consumption of food and food containers.
Hauler and Waste Collector - Any person, firm partnership, association or corporation,
including any municipality, engaged in the business of collecting and transporting municipal
solid waste to processing or disposal facilities.
Hazardous Waste - A solid waste or combination of solid wastes which, because of its
quantity, concentration or physical, chemical or infectious characteristics may: (1) cause or
significantly contribute to an increase in mortality or an increase in morbidity in either an
individual or the total population; or (2) pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported or disposed
or otherwise managed; or (3) is otherwise defined as "hazardous" by any Federal or State
statute or regulation.
Industrial Waste - Solid waste resulting from manufacturing and industrial processes,
including, but not limited to, those carried out in factories, foundries, mills, processing plants,
refineries, mines and slaughter houses.
Institutional Waste - Solid waste originating from institutions including, but not limited to,
public buildings, hospitals, nursing homes, orphanages, schools and universities.
Landfill - The Contractor's permitted landfill located in _
(Municipality)(ies), (County), State.
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Leaf Waste - Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but not including grass clippings.
Municipal Recycling Program - A source separation and collection program for recycling
municipal waste, or a program of designated drop-off points or collection centers for
recycling municipal waste, that is operated by or on behalf of a municipality. The term shall
include any source separation and collection program for composting leaf waste that is
operated by or on behalf of a municipality. The term does not include any program for
recycling construction and demolition waste or sludge from sewage treatment plants or water
supply treatment plants.
Municipality - Any city, borough, incorporated town, township or county or any municipal
authority created by any of the fore joining.
Municipal Waste or Solid Waste - Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semi-solid or contained gaseous material, (but
excluding Hazardous waste) resulting from operation of residential, municipal,
commercial or institutional establishments or from community activities; and any sludge not
meeting the definition of residual or hazardous waste from a municipal, commercial or
institutional water supply treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source separated recyclable materials or material
approved by DEP for beneficial use.
Operator - Any person or municipality that operates a municipal solid waste processing or
disposal facility.
Owner - The person or municipality who is the owner of record of a solid waste
processing or disposal facility.
Permit - A permit issued by the Pennsylvania DEP to operate a municipal waste
disposal, processing or transfer station facility.
Permit Area - The area of land and water within the boundaries of the permit, which is
designated on the permit application maps as approved by the Pennsylvania DEP, or
equivalent regulatory agency in the state in which the facility is located.
Proposal - Complete response to the 2025 Request for Qualifications for Municipal Waste
Processing and Disposal Services that was submitted by Contractor to the County.
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Recycling - The collection, separation, recovery and sale or reuse of metals, glass, paper,
leaf waste, plastics and other materials which would otherwise be disposed or processed as
municipal waste.
Refuse - Discarded waste materials in a solid or semi-liquid state, consisting of
garbage, rubbish or a combination thereof.
Remaining Permitted Capacity - At any time the remaining weight or volume of municipal
waste that can be disposed at a permitted municipal waste disposal or processing facility.
The term shall only include the weight or volume capacity for which the Pennsylvania DEP
(or the equivalent regulatory agency in state which the facility is located) has issued a permit.
Residual Waste - Any garbage, refuse, other discarded material or other waste, including
solid, liquid, semi-solid or contained gaseous material resulting from industrial, mining and
agricultural operations and any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution control facility, if it is not
hazardous.
Resource Recovery Facility - A facility that provides for the extraction and utilization of
materials or energy from municipal waste that is generated off-site, including, but not limited
to, a facility that mechanically extracts materials from municipal waste, a combustion facility
that converts the organic fraction of municipal waste to usable energy and any chemical or
biological process that converts municipal waste into a fuel product or other usable material.
The term does not include methane gas extraction from a municipal waste landfill, nor any
separation and collection center, drop-off point or collection center for recycling municipal
waste, or any source separation or collection center for composing leaf waste.
Rubbish - Non-putrescible solid wastes consisting of combustible and non-combustible
materials including leaf wastes.
Sewage Sludge - The coarse screenings, grit and dewatered or air-dried sludges, septic and
holding tank pumpings and other residues from municipal and residential sewage collection
and treatment systems.
Stabilized Sewage Sludge - Sewage sludge that has been treated to reduce odor potential
and the number of pathogenic organisms. Treatment methods include anaerobic and
aerobic digestion, composting, lime stabilization and chlorine stabilization.
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Tipping Fee - The schedule of fees established by the owner or operator of a transfer station,
sanitary landfill, processing and/or resource recovery facility for accepting various types of
solid waste for processing or disposal.
Unacceptable Waste - Any material that by reason of its composition, characteristics or
quality, is ineligible for disposal at the landfill pursuant to the provisions of the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. S2605 (e), the Pennsylvania Solid Waste
Management Act, 35 P.S. S6018.101, et seg., or other applicable Federal, State or local
law; or any other material that the Contractor concludes would require special handling or
present an endangerment to the landfill, the public health or safety, or the environment, or
any material that the Contractor is unable to accept per the terms of its operating permit; or
any materials that are hazardous, radioactive, volatile, corrosive, highly flammable,
explosive, biomedical, infectious, biohazardous, toxic, or listed or characteristic Hazardous
Waste as defined by federal, State, provincial or local law or any otherwise regulated waste.
II. SCOPE OF CONTRACT
1. Designation as Disposal site
In consideration of Operator's Covenants and this Contract, the County hereby agrees to
include operator's landfill in its Plan as a designated non-exclusive processing or disposal
facility for municipal waste generated in the County.
2. Effective Date
This Contract shall become effective on the date set forth below (See Section 3 below). The
contractor shall begin providing municipal waste (processing) (disposal), service for the
County under the terms and conditions of this Contract on or after December 1, 2025. This
date shall be contingent upon receipt of final and written approval by PADEP of 2025
revisions to the Franklin County Solid Waste Management Plan.
3. Term of contract
Franklin County shall have the option to renew the Municipal Waste Disposal Service
Contract under the terms and conditions specified in the initial Contract in the County's sole
and absolute discretion. The initial term of the Contract shall begin on the date that the
Contractor starts providing processing/disposal capacity for Franklin County following
PADEP approval of the County Plan and shall end on the tenth year anniversary of that
date, unless the County has exercised its right to renew the Contract. The term of this
Contract shall terminate immediately upon any event, the effect of which is to permanently
terminate the validity of the DEP (or the equivalent regulatory agency in state which the
facility is located) Permit for the Landfill.
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4. Compliance with Applicable Laws
The parties to the Contract agree that the laws of the Commonwealth of Pennsylvania shall
govern the validity, construction, interpretation and effect of the Contract. The Contractor
shall conduct the service of municipal waste (processing) (disposal) as provided by for by
the Contract in compliance with all applicable federal and state regulations and laws. The
contract and the work to be performed as described herein is also subject to the provisions
of all pertinent municipal ordinances to the extent that such ordinances do not conflict with
the Contract, which shall be made a part thereof with the same force and effect as if
specifically set out therein.
5. Breach of Contract
If the Contractor fails to materially perform in a satisfactory manner in accordance with
applicable Permit requirements or regulations the County shall have the right to demand in
writing adequate assurances from the Contractor that steps have been or are being taken
to rectify the situation. Within ten (10) days of receipt of any such demand the Contractor
must submit to the County a written statement that explains the reasons for the non-
performance or delayed, partial or substandard performance during that period and any
continuance thereof. The Contractor shall also have the option to appear before the County
to present any such explanation. Upon the failure of the contractor to submit a statement or
failure of the Contractor to correct any such condition within fifteen (15) days after
responding to the demand by the County, unless the County has agreed to a longer period
(which agreement will not be unreasonably withheld), the County may, except under the
conditions of force majeure, as defined herein, terminate the Contract, in addition to any
other remedy available to the County as provided by law.
6. Penalties
A. It is hereby understood and mutually agreed by and between the Contractor and the
County that the municipal waste (processing) (disposal) services to be performed under
this Contract are vital for the protection of public health and welfare and it is further
understood and agreed that the services to be performed under this Contract will be
commenced on the date specified in this Contract.
B. It is hereby understood and mutually agreed by and between the Contractor and the
County that reporting of complete and accurate data in the format required by this
Contract is vital to evidence the implementation of Franklin County's approved Plan and
the continued availability of sufficient processing or disposal capacity and it is further
understood and agreed that the reports to be submitted under this Contract in the format
required will be received by the County on the dates specified in this Contract.
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C. If the Contractor neglects, fails or refuses to provide the complete and accurate reports
in the format required by the County in accordance with the terms and provisions of
Section IV of the Contract, then the Contractor does hereby agree, as a partial
consideration for the awarding of the Contract, to pay to the County an amount to be
determined as hereinafter set forth as penalties for such breach of Contract for each and
every calendar day that such reports in the format required by the County are late,
incomplete, inaccurate or insufficient.
D. The amount of penalties shall be calculated at the rate of $300 per day for each and
every calendar day past the required date for submission. If more than one report
required in Section IV of the Contract is to be submitted on the same calendar day then
the amount of penalties shall be calculated separately for each and every report that is
late, incomplete, inaccurate or insufficient or improperly formatted for a total not to
exceed $1,000 for each offense.
7. Force Majeure
Neither the Contractor nor the County shall be liable for the failure to perform their duties
and obligations under the Contract or for any resultant damages, loss or expense, if such
failure was the result of an act of God, riot, insurrection, war, catastrophe, natural disaster
or any other cause which was beyond reasonable control of the Contractor or the County
and which the contractor or County was unable to avoid by exercise of reasonable diligence.
8. Assignment of Contract
No transfer or assignment of the Contract or any right accruing under the Contract shall be
made in whole or in part by the contractor without prior express written approval by the
County (which approval shall not be unreasonably withheld) .The delegation of any Contract
duties will require the written consent of the surety for the Contractor's performance bond,
since such delegation will not relieve the Contractor or his surety of any liability and/or
obligation to perform. In the event of any delegation of a duty, the delegate shall assume full
responsibility and liability for performance of that duty without affecting the Contractor's
liability, and shall be responsible for compliance with and performance of all terms and
conditions of this contract including but not limited to provisions for sureties and assurances
of availability of 10-year service.
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9. Change of Ownership
In the event of any change of control or ownership of the Contractor's facilities, the new
ownership shall notify the County in writing of its intent assume the responsibilities for the
remaining term of the Contract. Should the County determine that the new ownership is
willing to and can adequately and faithfully perform the duties and obligations of the
Contract for the remaining term of the contract, it may elect to execute a novation, which will
allow the new ownership to assume the rights and duties of the Contract and release the
former ownership of all obligations and liabilities. The new ownership would then be solely
liable for the performance of the Contract and any claims or liabilities under the Contract.
10. Waivers
A waiver by either party of any breach of any provisions of the Contract shall not be taken
or held to be a waiver of any succeeding breach of such provisions or as a waiver of any
provision itself. No payment or acceptance of compensation for any period subsequent to
any breach shall be deemed a waiver of any right or acceptance of detective performance.
11. County's Obligations
County shall not be obligated by the terms of this Contract to guarantee the delivery to
Contractor's landfill of any minimum quantities of municipal waste.
12. Illegal and Invalid Provisions
In the event any term, provision or other part of the Contract should be declared illegal
inoperative, invalid or unenforceable such term or provision shall be amended to conform to
the appropriate laws or regulations. In the case of illegal or invalid provisions, the remainder
of the Contract shall not be affected and shall remain in full force and effect.
13. Binding Effect
The provisions, covenants and conditions of the Contract shall apply to and bind the parties,
their legal heirs, representatives, successors and assigns.
14. Amendments to the Contract
No amendment or modifications of the terms and conditions of the Contract shall be effective
unless such amendment or modification is in writing and signed by authorized
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representatives of all parties entitled to receive a right or obligated or perform a duty under
the Contract. A signed original amendment to the Contract shall be furnished to all parties
to be attached to the original Contract.
15. Merger Clause
The Contract shall constitute the final and complete agreement and understanding between
the parties. All prior and contemporaneous agreements and understandings, whether oral
or written, shall be without effect on the construction of any provisions or terms of the final
contract if they alter, vary or contradict the Contract.
16. Notices
All notices, demands, requests and other communications under this contract shall be
deemed sufficient and properly given if in writing and delivered in person, or by recognized
carrier service to the following addresses, or sent by certified or registered mail, postage
prepaid, with return receipt requested, at such addresses: Provided, if such notices,
demands, requests or other communications are sent by mail, they shall be deemed as given
on the third day following such mailing, which is not a Saturday, Sunday or day on which
United States mail is not delivered:
County: Franklin County Commissioners Franklin County Administration Building
272 North Second Street
Chambersburg, PA 17201 Contractor:
Address:
Attention:
With a copy to:
Attention:
Either party may, by like notice, designate any further or different addresses to which
subsequent notices shall be sent. Any notice under this Contract signed on behalf of the
notifying party by a duly authorized attorney at law shall be valid and effective to the same
extent as if signed on behalf of such party by duly authorized officer or employee.
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Ill. SERVICE, OPERATIONS AND PERFORMANCE
1. Services of the Contractor
The Contractor agrees to accept and (process) (dispose) specified quantities and types
of Municipal Waste originating from sources located in Franklin County, in accordance
with all applicable Federal, state and local regulations. Nothing herein shall prohibit any
Contractor from entering into any separate Contract with another person or municipality
to provide such waste collection and/or transportation services.
2. Types and Quantities of Municipal Waste
The specific types and quantities of municipal waste that will be accepted at the
Contractor's facility under this contract shall be those as listed in Form 8.
3. Maximum Tipping Fees or Rate Schedule
The maximum rate or tipping fee to accept the various types of municipal waste shall be
as listed on Form A.
4. Delivery of Wastes
The Municipal Waste to be accepted at the Contractor's facility under this Contract will be
delivered to the Contractor's facility by municipal and/or private waste haulers. The waste
haulers responsible for delivering the municipal waste that will be accepted under the
contract will be authorized by the Pennsylvania Waste Transportation Safety Act 90.
5. Minimum Hours of Operation
Unless mutually agreed upon otherwise by the Contractor and the County, the Contractor
will accept delivery of municipal waste from waste haulers authorized by the Pennsylvania
Waste Transportation Safety Act 90 during the/ hours from _________to
________ Monday through Friday and from _________ to _________ on Saturdays,
excluding generally recognized business holidays, including without limitation
(President's Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving, Christmas and New Years Day). In the event of any lengthy travel time from
sources in the County to an out-of-county disposal facility, the Contractor will be required
to exhibit flexibility in the operating hours for accepting waste from Franklin County. The
Contractor shall have complete discretion to make additional arrangements for accepting
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waste at any earlier or later hours and/or on Sundays.
6. Complaints
The Contractor shall receive and respond to all complaints from waste transporters
authorized by the Pennsylvania Waste Transportation Safety Act 90 regarding the
acceptance of waste materials at his facility. Any complaints received by the County will
be directed to the Contractor. In the event the Contractor cannot satisfactorily resolve a
complaint within five (5) days after receipt of the complaint, the County shall have the right
to demand a written explanation or satisfactory resolution of the complaint pursuant to
the breach of contract provisions herein.
7. Municipal Recycling Programs
The County and individual municipalities in Franklin County shall have the right to
establish and operate any municipal recycling programs, including drop-off recycling
centers and curbside collection programs, to source separate and remove recyclable
materials from the municipal waste stream prior to the delivery of the waste to the
Contractor's facility.
8. Title to Solid Waste
Except in the case where any unacceptable waste or Hazardous Waste is delivered to
the Contractor's facility, the title to the Municipal Waste and any benefits of marketing any
materials or energy recovered from the Municipal Waste shall pass to the Contractor upon
delivery of the waste to the Contractor's facility and acceptance of the waste by the
Contractor. Title to and liability for any Unacceptable or Hazardous Waste shall at no time
pass to the Contractor.
9. Unacceptable or Hazardous Waste
The Contractor shall have the right and discretion to inspect and reject any such
hazardous and/or unacceptable waste delivered to the facility by any hauler. The waste
hauler shall be responsible for the prompt removal and disposal of any such unacceptable
waste and shall bear all costs associated with the subsequent removal, transportation and
disposal of such hazardous and/or unacceptable waste.
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10. Basis and Method of Payment
A. The County shall not be responsible for the direct payment of any tipping fees to the
Contractor under the Contract. All tipping fees shall be paid directly by the municipal and/or
private waste haulers, which deliver the waste to the Contractor's facility.
B. The Contractor shall be responsible for the billing and collection of all tipping fees from
the waste haulers. The method of billing and collection arrangements between the waste
haulers and the Contractor shall comply with all applicable Federal and State laws
governing such commerce and business activities.
C. The County shall not be responsible for failure of any waste hauler, to pay the
Contractor's tipping fees and no such fees will be paid by the County.
D. The Contractor shall not charge a tipping fee to any waste hauler authorized by the
Pennsylvania Waste Transportation Safety Act 90 that is greater than the maximum rates
established by this Contract for each type of waste. Nothing in this Contract shall be
construed to prevent or preclude the Contractor from negotiating alternate tipping fees with
any waste hauler provided such fees do not exceed the maximum rates under this Contract.
11. Rate Escalation and Adjustments
A. The maximum rate or tipping fee for disposal of each type of municipal waste under the
Contract may be adjusted on an annual basis. The Contractor must petition the County at
least 60 days in advance of such a proposed increase and the County must grant written
approval prior to implementation of the proposed increase.
B. Unless the County and Contractor mutually agree to an alternate date, all annual rate
adjustments shall become effective on January 1st of each year of the Contract to be
consistent with the starting dates and new contract periods of most municipal waste
collection contracts.
C. The Contractor may also petition the County at any time for additional rate or fee
adjustments on the basis of unforeseen changes in operating costs resulting from any new
or revised federal, state or local laws, ordinances, regulations or permit requirements, which
were not in effect at the time when the original Contract was awarded. The Contractor shall
have the burden of preparing and submitting any necessary information to support and
document any such rate adjustments. The County shall evaluate the evidence submitted
and approve all reasonable and justifiable cost adjustments. The County shall have the right
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to inspect, by itself or by an independent auditor, any pertinent financial records that
document the need for a rate adjustment using audit standards similar to the Federal
procurement regulations.
13. RESERVED
County Administration/Solid Waste & Recycling Surcharge
In the event that State or Federal legislation should be enacted during the period of this
contract authorizing the County to assess fees or surcharges for the administration and
implementation of its solid waste and recycling programs the County reserves all such rights
and privileges to negotiate and collect such fees.
IV. RECORD KEEPING AND REPORTING REGULATED WASTE
1. The contractor will be required to install and maintain a scale to weigh all incoming waste to
the contractor's municipal waste processing or landfill facility or, in the case of a transfer
station, to weigh all municipal waste delivered to the county designated processing or
disposal facility by the transfer station. The scale used to weigh municipal waste shall
conform to the Weights and Measurement Act of 1965 (73 P.S. sections 1651- 1692) and
applicable regulations thereunder; the operator of the scale shall be a licensed public
weighmaster under the Public Weighmasters Act (13 P.S. sections 1771-1796) and any
regulations.
2. Daily Operational Records
The Contractor shall make and maintain an operational log for each day that Municipal
Waste is received, processed or disposed. At a minimum, the following information shall be
recorded in the daily operational log:
A. The total weight of each type of Municipal Waste received at the facility from all sources;
B. The county from which the Solid Waste originated, or if the waste originated from outside
the state, the state from which the waste originated; and
C. The names of the waste haulers or transporters authorized by the Pennsylvania Waste
Transportation Safety Act 90 that delivered waste originating from sources in Franklin
County.
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3. Quarterly Operation Reports
The Contractor shall prepare and submit on forms provided by the County a quarterly
operation report. The quarterly operation reports shall be submitted to the County on or
before the 20th day of April, July, October and January of each year for the preceding
three (3) month calendar period ending on the last day of March, June, September and
December, respectively. At a minimum, the following information shall be included in
each quarterly operation report:
A. The total weight of each type of Municipal Waste received from all sources within the
County during each month of the quarterly reporting period;
B. The names of the waste haulers or transporters authorized by the Pennsylvania Waste
Transportation Safety Act 90 that delivered waste originating from sources in Franklin
County.
4. Annual Operation Report
The annual operating reports that must be prepared and submitted to the DEP by
Pennsylvania processing and disposal facilities (or equivalent regulatory agency in the
state in which the facility is located) may constitute acceptable information for portions of
the annual operating report for the purposes of the Contract. The annual operation report
shall be submitted to the County on or before June 30th of each year unless an alternate
submission date is approved by the County. The following supplemental information shall
be included in the annual operational report:
A. A current Certificate of Insurance as evidence of continuing insurance coverage for
public liability insurance as required under the Contract; and
B. Copies of all notices of violation, civil penalty assessments and/or administrative orders
issued by federal, state or county regulatory authorities to the owner and/or operator
of the facility during the year.
5. Administrative Inspections
Upon reasonable notice, and during regular business hours, the County and its
authorized representatives shall have access to Contractors' logs and records pertaining
to the quantities and sources of Municipal Waste for the purpose of verifying compliance
with the terms and conditions of this Contract.
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6. Special Reporting Requirements
The Contractor shall provide written notification to the County of any permit
modification applications for the following types of permit changes, on the same date
the application is first submitted to the Pennsylvania DEP (or equivalent regulatory
agency in the state in which the facility is located):
A. Changes in the permitted site volume or capacity,
B. Changes in the permitted average and/or maximum daily waste volume or loading
rates,
C. Changes in the excavation contours or final contours, including the final elevations
and slopes,
D. Changes in the permitted acreage, and
E. Changes in ownership.
V. PUBLIC LIABILITY INSURANCE REQUIREMENTS
1. Insurance Requirement
The Contractor shall be required to maintain in full force and effect throughout the term
of the Contract, and any renewal or extension thereof a general liability insurance policy
to provide continuous coverage against third party claims for property damage and
personal injury, as specified in Chapter 271 of the DEP's Municipal Waste Management
Regulations (Pennsylvania Bulletin, Vol. 18, No. 15, April 9, 1988) and the following
section. The effective date of the required insurance policy shall be prior to the initiation
of any waste disposal services under this Contract. Contractor shall cause county to be
added as an additional insured on all policies of insurance required under the terms of
this Contract.
2. Proof of Insurance Coverage
The Contractor shall be required to submit to the County proof of insurance coverage
upon execution of the Contract. At a minimum, the proof of insurance shall consist of a
certificate of insurance which:
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A. States the name of the insurance company, the insured owner and facility covered
by the policy.
B. Identifies the kinds of coverage provided by the policy and the amounts of coverage,
exclusive of legal cost.
C. Identifies the beginning and ending dates for the policy.
D. Specifies that a minimum 120-day period written notice shall be given by the insurer
to the county and the owner, by certified mail, before any cancellation or other
termination of the policy becomes effective.
E. States that the insurer is liable for payment on the policy without regard for the
bankruptcy or insolvency of the insured.
F. Be signed by an authorized, licensed agent of the insurance company.
3. Maintenance of Insurance Coverage
The Contractor shall be required to submit to the County a current certificate of insurance
as evidence of continuous insurance coverage as part of the annual operation report
required under the Contract. The annual certificate of insurance shall contain the same
information and provisions as specified in the original proof of insurance certificate under
the requirements of the preceding paragraph. Failure to submit the required proof of
insurance or to maintain the required minimum insurance coverages may result in
forfeiture of the performance bond and would be considered a default by the Contractor
in accordance with the provisions of the Contract.
VI. NONDISCRIMINATION
Neither the contractor nor any subcontractor nor any person(s) acting on his behalf shall
discriminate against any person because of race, sex, age, creed, color, religion or
national origin.
VII. INDEMNIFICATION
The Contractor or its successors and assign shall indemnify and save harmless the
County, its Commissioners, officers, agents, servants and employees from and against
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any and all suits, actions, legal proceedings, claims, demands, damages, costs, and
expenses, including, but not limited to reasonable attorneys’ fees and court costs,
resulting from any negligent act or omission and/or willful misconduct of the Contractor
or its successors or assigns, its officers, agents, servants and employees in the
performance of this Contract; provided however, that the Contractor or its successors
and assigns shall not be liable for any suits, actions, legal proceedings, claims,
demands, damages, costs, expenses and other attorney fees arising out of the award of
this Contract.
VIII. PERMITS
The Contractor shall be responsible for obtaining any and all permits necessary for the
construction and operation of the Municipal Waste (processing) (disposal) facilities
required to comply with the terms and conditions of the Contract, and any and all costs
or expenses of obtaining such permits. Failure to obtain and maintain permits shall
constitute a breach of this contract.
IX. CHOICE OF LAW AND FORUM SELECTION
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
All disputes arising hereunder shall be filed in the Court of Common Pleas for the Thirty-
Ninth Judicial District-Franklin County Branch.
WITNESS the execution hereof, as of the date and year first written.
COUNTY OF FRANKLIN,
BOARD OF COMMISSIONERS CONTRACTOR
Title:
WITNESS:
ATTEST:_____________________________
CHIEF CLERK
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(SEAL)
29
ATTACHMENT 2
30
FORM A – COST OF DISPOSAL
FORM B – RESERVED CAPACITY
FORM C – REPRESENTATIONS AND CERTIFICATIONS
FORM D – CONTRACTOR INFORMATION
FORM E – SIGNED DISCLAIMER STATEMENT
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FORM A - Cost of Disposal
The maximum rate to accept the various types of municipal waste shall be as listed
below. The maximum rate shall not exceed the facility's posted gate rate.
YEAR MSW Demolition Sewage Sludge Approved ICW Other Other
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
If applicable, explain any known or anticipated surcharges, fees, and/or taxes below.
Annual Not-To-Exceed Disposal Fees Per Ton
Include all applicable surcharges, fees, taxes from Legislation, Regulation, or Programs of
State, Federal, County or Host Municipalities
32
33
Form B - Part II Reserved Capacity
Quantities of Municipal Waste
Year
Total
Franklin
MSW
tons Per
Year
Reserving Capacity for %
of
Franklin
MSW
Annually
Reserving Capacity
for #Tons Franklin
MSW Annually
Facility's
Estimated Annual
Working Days
Reserved Capacity
for #Tons Franklin
MSW Daily
2013 91220
2014 92223
2015 93238
2016 94263
2017 95300
2018 96349
2019 97408
2020 98480
2021 99563
2022 100658
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Form C- Representations and Certifications
Company
Facility
Authorized Official
An officer of the organization submitting the proposal empowered and authorized to sign such documents makes the following representations and certifications as part of this proposal:
35
Form D- Contractor Information
Company
Address
Phone Fax _
Owner/President___________________________________
Type of organization (corporation, joint venture, partnership, individual)
For joint ventures, indicate role and ownership share of each participant. Provide information for each. List any and all subcontractors.
Proposed Disposal Facility _________________________________________
Permit #/Date Issued/State
Location
Have you or any officer of the company or facility ever failed to complete any contract awarded in your own name or that of the company or facility?
If yes, explain who, where and why
Have you or any officer of the company or facility ever failed to complete any contract awarded in your own name or that of any other company or facility?
If yes, explain who, where and why
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Are you or any officer of the company or facility engaged in any contracts for services
similar to those contained in the proposal herein?
If yes, explain who, where and when
Have you or any officer of the company or facility your partners or joint ventures
been party to a lawsuit issued within the past three years that might impact your
ability to perform the obligations of this contract?
If yes, explain who, where and why
Have you submitted a complete an accurate compliance history outlining any and all
judicial actions, convictions, consent orders or agreements, violations, and
resolutions for any environmental, or public health and safety laws and regulations?
Explain or comment on any desired actions
Executed under penalty of perjury this day of __________,20____,
at
By __________________________(name) (title)
SEAL (company)
Date:
37
On ______________ ____ ,20__, before me, the undersigned, a Notary Public in and for______________________, personally appeared , known to me to be the of Company that executed the within instrument on behalf of the Proposer therein named, and acknowledged to me that such Proposer executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal in the County of , this day of _______________,20___
Notary Public
My Commission expires _
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SIGNED DISCLAIMER STATEMENT
The information contained in this Request for Qualifications (RFQ) has been prepared by
Franklin County from information received by it, and such information is believed to be
accurate and reliable. However, by its submission in response to this RFQ, the party whose
name appears below remises, releases and forever discharges Franklin County, and all others
employed by and/or representing Franklin County, including their engineers, attorneys, and
other consultants retained for the purposes of services related to this RFQ and associated
with this project, from any and all claims which such person(s) has, have or may hereafter
have arising out of any inaccuracy or omission in the information contained in this RFQ. Any
party who intends to submit a response to this RFQ is specifically invited to independently
verify the accuracy of the information contained herein.
RESPONDENTS TO THE RFQ ARE ADVISED THAT FRANKLIN COUNTY IS NOT REQUIRED TO
ACCEPT THE LOWEST RESPONSIBLE BIDDER AND/OR PROPOSAL. RESPONDENTS ARE ALSO
ADVISED THAT FRANKLIN COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL
SUBMISSIONS AND RESERVES THE RIGHT TO WAIVE ANY IRREGULARTIES AND/OR
INFORMALITIES IN THE RFQ PROCESS.
NAME OF ORGANIZATION
NAME
TITLE
DATE