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HomeMy WebLinkAboutRes2022-015 Res Recycling Contract Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2022-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RESURRECTION RECYCLING TO PROVIDE RECYCLING SERVICES FOR CITY FACILITIES IN THE AMOUNT OF $125 PLUS TAX, PER LOCATION, PER MONTH WHEREAS, the 2030 City of Seward Comprehensive Plan calls for increasing recycling efforts to reduce litter and impact on landfill; and WHEREAS,the City of Seward wishes to aid that effort by increasing recycling collection at municipal facilities; and WHEREAS, the City of Seward developed and published a request for proposals for recycling collection and disposal services for city facilities; and WHEREAS, service locations include the Annex building, City Hall, the Harbor, the Library, Resurrection Campground, Branson Pavilion, and Wellington Picnic Area; and WHEREAS, one proposal was submitted by the January 7, 2022 deadline from Resurrection Recycling in the amount of$125 plus tax,per month, per location; and WHEREAS, Resurrection Recycling's proposal was evaluated and selected based on the following criteria: experience and longevity of the firm(30%), equipment(20%), and cost(50%); and WHEREAS, Resurrection Recycling has agreed to provide the requested services per the terms and conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. The City Manager is authorized to enter into a contract with Resurrection Recycling for recycling services for city facilities. Section 2.This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward. Alaska, this 14`1' day of February, 2022. CITY OF SEWARD, ALASKA RESOLUTION 2022-015 T IT OF S risty Terry, M or AYES: DeMoss, Wells, McClure, Calhoon, Osenga, Terry NOES: None ABSENT: Casagranda ABSTAIN: None ATTEST: renda J. Ba u, MMC City Clerk (City Seal)*1:1'siT,,, • . . • SEAL lei glov ••••e E OF A0P .* iiirecaltsisG City Council Agenda Statement r Meeting Date: February 14, 2022 � To: City Council Through: Janette Bower, City Manager -- From: Tyler Florence, Parks & Recreation Director Agenda Item: Resolution 2022-015: Authorizing the City Manager to Enter into an Agreement with Resurrection Recycling to Provide Recycling Services for City Facilities in the Amount of $125 Plus Tax, Per Location, Per Month Background and justification: In support of the 2030 City of Seward Comprehensive Plan goal to increase recycling efforts to reduce litter and impact on landfill, the City intends to implement regular recycling collection at municipal facilities. The goal of this action is to increase recycling collection rates, which is consistent with the 2030 City of Comprehensive goal of encouraging citizens, as well as the city, to take an active role in beautifying the community. The City issued a request for proposals for recycling collection and disposal services for city facilities. Requested services include, but are not limited to: furnishing all labor, collection carts and/or totes, equipment, and materials necessary to perform and complete the collection and disposal of recyclables. Service locations include the Annex building, City Hall, the Harbor, the Library, Resurrection Campground, Branson Pavilion, and the Wellington Picnic Area. One proposal was submitted by the January 7, 2022 deadline from Resurrection Recycling in the amount of$125 plus tax, per month, per location. Per the RFP,their proposal was evaluated and selected based on the following criteria: experience and longevity of the firm (30%), equipment (20%), and cost (50%). Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 3.9.2.1 Increase recycling efforts to reduce litter and impact on landfill. Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 125 plus tax, per month, per location This legislation (✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ 125 plus tax, per month, per location Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): X Budgeted Line item(s): In affected department budgets Not budgeted Not applicable Finance Signature: ,,S J'AZ> Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: CONTRACT CITY OF SEWARD, ALASKA RECYCLING SERVICES FOR CITY FACILITIES CONTRACT("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Company Name Company Address (Street or PO Box, City, State, Zip) a/an Individual Partnership Joint Venture Sole Proprietorship Corporation ❑ ❑ ❑ ❑ ❑ incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required per the terms specified in the Recycling Services for City Facilities proposal packet as bid by the Contractor. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: January 31, 2024 or within N/A calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor. The Contractor further covenants and agrees that the all services will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Tyler Florence or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. 112 Payment for services under this Contract shall be made in accordance with the following bid schedule: Location per month, weekly service $ 125.00 + tax (in words) One hundred twenty five plus tax Service locations: Annex City Hall Harbor Resurrection Campground (May to September) Branson Pavilion (May to September) Wellington Picnic Area (May to September) The City reserves the right to modify service locations and schedule. Contract Term: The contract will be for a minimum of two years, with three one-year options to renew at the sole discretion of the City. Contract is anticipated to commence on immediately after protest period. The City, upon written agreement with the Proposer, may extend the contract on a month-to-month basis at the end of the contractual year or any extension period. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative Name and Title Date CITY OF SEWARD Signature of City Manager Name Date City Clerk (ATTEST) 212 � Joint Venture Sole Propnetorship Cori 0 0 Ej of the State of Alaska, its successors and assigns., ignature of the City Manager on this document onsideration of the payment or payments herein sr I agrees to furnish and deliver all the materials ai the terms specified in the Recycling Services for C s disfincby understood and agreed that no claim for intractor and not specifically herein provided for, wi work or furnish any material not covered by this C ig by the City In no event shall the City be liable fc or done, unless the materials, work, or labor are re .he City . Any such work or materials which may I order first being given shall be at the Contractor's i ;ovenants and agrees to make no clam for compel uch written order. Hants and agrees that all materials shall be fumishe performed, in every respect, to the satisfaction of )r within NIA calendar days following the di, inroari +hnf in r►xa of fho fnili ira nn fha n'rt of the a%;t Will uc iUi a rInniInuni uT iwu yebra, wiui unec vi ity . Contract is anticipated to commence on immediz; cement with the Proposer, may extend the contract a al year or any extension period . .he parties hereto have executed this Contract and 1; ;ompany Representative VI:L C M=aak n CIt oaa t Request for Proposal for Recycling Collection and Disposal Services for City Facilities DESCRIPTION: Through this solicitation, the City invites Proposers who meet the solicitation qualifications and specifications to submit proposals for the purpose of providing Recycling Collection and Disposal Services for City facilities. Services include, but are not limited to furnishing all labor, collection carts and/or totes, equipment, and materials necessary to perform and complete the collection and disposal of recyclables. Service locations for the City include the Fire Department, City Hall, Library, Public Works, City Annex, Municipal Campgrounds, and Seward Marine Industrial Complex. PROPOSAL DOCUMENTS: A copy of this RFP can be obtained on the City of Seward website, cityofseward.us. It is the Proposer's sole responsibility to check this website for additional information and/ or addendums. Sealed proposals are due PRIOR to the deadline noted above. Sealed proposals must be delivered to the City of Seward, City Clerk's Office, located at 410 Adams Street, Seward, Alaska 99664. Late proposals will not be accepted—NO EXCEPTIONS. It is the Proposer's responsibility to confirm the proposal documents are received. Issue Date: November 30, 2021 Pre-Proposal Question Deadline: December 30, 2021 @ 2:00 PM Submission Deadline: January 7, 2022 @ 2:00 PM Public Opening: January 7, 2022 @ 2:15 PM Proposal Delivery Location: City Clerk PO Box 167 Seward, AK 99664 Contracting Officer: Tyler Florence, Director of Parks &Recreation (Preferred) Email: tflorence(a/cityoAeward.net Phone: 907-224-4053 This is not an order. The attached terms and conditions shall become part of the contract resulting from this Request for Proposal. Proposals shall be submitted in the indicated format. Original signatures maybe submitted on the form provided herein. City of Seward RFP Page 2 of 20 Table of Contents Section 1 — Instructions Page 3 Section 2 — Specifications / Scope of Work Page 7 Section 3 — Terms and Conditions Page 10 Section 4 —Evaluation Criteria Page 14 Section 5 — Required Forms Page 15 1. Proposal Form Page 16 2. Price Sheet Page 18 3. Information Form Page 19 City of Seward RFP Page 3 of 20 Section 1 — Instructions 1. Communications: The only communication concerning modifications, clarifications, questions, amendments, and addendums will be processed through the Contracting Officer listed on the cover page. No contact with any other agents of the city is permitted, and will be grounds for disqualification. Any exceptions to this will be clarified in this document. 2. Pre-Proposal Questions and Information: If a Proposer finds a discrepancy, error, or omission in this document they are instructed to contact the Contracting Officer listed on the cover page, who will send written clarification to all prospective Proposers and posted on the City of Seward website. All questions must be submitted to the Contracting Officer in writing via e-mail: tflorence@cityofseward.net, by the deadline listed on the cover page of this document. All answers will be issued in writing. 3. Modifications: Clarifications, questions, amendments, and addendums may be made to this document by the city at any time prior to the proposal submittal deadline. It is the Proposer's sole responsibility to check the city website for these updates and or addendums. 4. Proposal Submission: All required documents must be submitted in an enclosed sealed envelope, box, or package and clearly marked with the RFP title,RFP number,submittal date and time, and the Proposer's company name, address,phone number and contact name. See example below. Proposer's Company Name Address Phone Number RFP Title Contact Name Submittal Due Date and Time All required documents must be delivered to the City Clerk's office at 410 Adams St, Seward, Alaska 99664 prior to the deadline listed on the cover page of this document. This responsibility rests entirely on the Proposers, regardless of delays with mailing or any other reasons. The Clerk's time stamp is the official time stamp of delivery. a. The accepting and opening of a proposal document does not constitute the City's acceptance of the Proposer as a responsive and responsible Proposer. By accepting and opening of a proposal, the city presumes the Proposers are familiar with the proposal documents and agree and understand all requirements in this document. b. All prices and notations must be typed or written in ink. Pencil markings will not be accepted. Any mistakes must be crossed out and initialed by the person signing the proposal. c. Proposals will not be accepted via facsimile or email. Any electronic means will not be accepted unless specifically specified in this document. d. All costs associated with preparation and presentation of this proposal are the Proposer's responsibility. No pre-proposal costs will be reimbursed to any Proposers. All documentation submitted to the City will become property of the City. City of Seward RFP Page 4 of 20 5. Confidentiality and Proprietary Information: If any information is confidential, it should be placed in a separate sealed envelope and marked CONFIDENTIAL. If any information is proprietary, an original shall be delivered which is clearly marked PROPRIETARY and an additional copy shall be submitted omitting the proprietary information for City use. The copy containing proprietary information will be solely for City use and then disposed of after the proposal is awarded. The omitted copy will remain on file and part of the RFP documents for future use or records requests. 6. Exceptions: Any exception must be clearly defined and referenced to the proper section or paragraph of this document. The exception must include the Proposer substitution language and explanation as to the reason why this would provide an equivalent or better service or product. If no exceptions are explained in this proposal submittal,the City will assume the Proposer can perform accordingly. Any proposals not meeting all requirements will be rejected. 7. Duplicate Proposals: The City will only accept one (1)proposal per Proposer, including its subsidiaries, affiliated companies, organizations, or franchises. If multiple proposals are received from the same Proposer, all proposals from the Proposer will be rejected. 8. Withdrawal or Corrections: Proposals may be withdrawn by written notice prior to the submittal deadline. Corrections may be made to proposals submitted if prior to the submittal deadline. 9. Rejection: The City reserves the right to reject any or all proposals and to waive any minor informalities or irregularities in proposals received, if it is determined by the Contracting Officer that it is in the City's best interest to do so. If Proposers fail to provide any requested information in the consideration stage of the evaluation process,their proposals can be rejected. The City may reject any proposals from Proposers who are in arrears or in default to the City on any contract, debt, or other obligation. The City has the right to reject all non-conforming, non-responsive, and unbalanced proposals. Discrepancies in the multiplication of unit price and quantity will be resolved in favor of unit price, as the requested quantities remain the same. 10. Procurement Policy: Procurement for the City is based on Seward City Code Title 6 — Purchasing, Contracts And Professional Services, and any applicable State of Alaska statutes. Seward City Code is available online at www.cityofseward.us. 11. Non-Discrimination: The City will not contract with any persons or entities that discriminate against employees or applicants for any reasons other than those related to job performance. All prospective Proposers will comply with all Federal, State, and local laws and policies that prohibit discrimination in the workplace. The City will not discriminate because of race, religion, color, national origin, ancestry, sex, sexual orientation, age, marital status, change in marital status, pregnancy, parenthood, physical or mental disabilities, genetic information, or political affiliation. 12. Proposal Signatures: An authorized official must sign all proposal documents. This signature will represent the company or entity and their ability to commit to the requirements in this document. City of Seward RFP Page 5 of 20 13. Contract Award: The City has the right to award by item, group of items, total proposal, or any combination found to be in the best interest of the City. The City also reserves the right to contract with multiple entities for the same or like goods or services, if it is found to be in the City's best interest. The Proposer who the Notice of Award is made to will be notified at the earliest possible date. Notice of Intent to Award and actual Award will be submitted to the Proposer in writing. After receipt of Notice of Award, or the Notice to Proceed for all construction projects,the Proposer will execute and perform said contract. 14. No Response: If Proposers do not respond to this document, the City will continue to keep Proposers' information for future proposals unless they specifically ask to be removed from the Bidders list. 15. Public Records: All proposals are subject to public records requests after award, with the exception of confidential and proprietary information. See paragraph 6 above for more information. 16. Disqualification of Proposers: Any one or more of the following reasons may cause proposals to be rejected: a. Communication with any other employees or agents of the City of Seward during the RFP process, excluding those specifically listed in this document. b. Evidence of collusion or other anticompetitive practices among Proposers. c. Lack of competency as revealed by financial, experience, or equipment statements. d. Lack of responsibility as shown by past work with the City of Seward. e. Uncompleted work under other current contracts which in the judgment of the City of Seward, may prevent the prompt completion of additional work in this document. 17. Discussions: Discussion with Proposers may commence after opening of all proposals to further clarify and or assure full understanding of solicitation requirements. 18. Subcontractors: All Offers must disclose any and all subcontractors regardless of the dollar amount and the services they will provide within 7 days of Notice of Intent to Award. The list must include the company or subcontractor's name, business location, and evidence of the subcontractor's state business license. 19. Proposer's Responsibilities: The Proposer must be capable of providing all goods or services in this document, described in Section 2— Specifications and/or Scope of Services. The Proposer must maintain these qualities until completion of the contract. The successful Proposer is responsible for all goods and services in this document whether they are provided or performed by successful Proposer or their subcontractor. 20. City Participation: The City of Seward will provide appropriate personnel to support the successful Proposer during the course of the contract. The Project Manager will be named in this document or the Contracting Officer will act as contact until additional personnel are named specifically. City of Seward RFP Page 6 of 20 21. Disclosure of Contents: All information in this document will be held in confidence and not discussed with other Proposers until award. All proposals become the property of the City upon opening. Please review paragraph 6 above for additional information. 22. Unusual Circumstances: Where any unusual circumstances unforeseen by the City or the Contractor and which significantly affect the Contractor's ability or cost in providing goods or services, the Contractor may request cancellation of contract or adjustment to the costs. Significantly in this paragraph is defined as being beyond the control of the Contractor. The request must be documented in writing and may be denied. 23. Contract Commencement: Commencement of a contract shall not begin until all necessary documents are received and reviewed, all City approvals have been completed, including City Council approval for projects over $30,000, and a purchase order is complete. Commencement of a contract without these requirements will be at the Proposer's sole risk and not compensated by the City. City of Seward RFP Page 7 of 20 Section 2 — Specifications and/or Scope of Work 1. Introduction: Through this solicitation,the City invites Proposers who meet the solicitation qualifications and specifications to submit proposals for the purpose of providing Recycling Collection and Disposal Services for City facilities. Services include, but are not limited to furnishing all labor, collection carts and/or totes, equipment, and materials necessary to perform and complete the collection and disposal of recyclables. Service locations for the City include the Fire Department, City Hall, Library,Public Works, City Annex, Municipal Campgrounds, and Seward Marine Industrial Complex. 2. General Information: This section includes the minimum requirements a company must meet to provide Recycling Collection and Disposal Services to the City. A majority of recycling collection will occur within City limits, and on City property. The contracting company is subject to Seward City Code and all other federal, state, and local laws. 3. Qualifications: Proposers will be deemed non-responsive, and their proposals rejected if they do not meet the following mandatory qualifications: a. A list of areas or municipalities in the State of Alaska for which the Proposer furnishes or has furnished recycling collection and disposal services for a period of at least one (1)year within the last three (3)years. Use the form provided, labeled Information Form. b. Description/specification of vehicles to be utilized in the performance of a Contract. c. A list of intended materials, current processing costs, and markets for recyclable materials to be collected under a Contract. Use the form provided, labeled Information Form. d. A list of all facilities to be utilized under a Contract, including but not limited to sanitary landfill facilities, transfer stations and material recovery facilities. Use the form provided, labeled Information Form. e. A signed bid/proposal form;use the form provided. Proposers should use extra copies of schedules or supplement sheets as necessary to supply information. 4. Proposers Responsibilities: a. General i. When providing recycling collection and disposal services pursuant to the contract,the Proposer may charge the City no more than the bid amounts specified. ii. Proposer must be thoroughly familiar with all state and city laws and regulations pertaining to work to be performed and shall possess the skill and qualified employees required to efficiently perform pursuant to the contract. iii. Proposer shall furnish all labor, collection carts and/or totes, equipment, and materials required to perform pursuant to the contract and must possess the necessary tools to complete these tasks. iv. Proposers equipment must be of sufficient size and quality to safely transport recycled materials to the final destination. City of Seward RFP Page 8 of 20 v. Proposer is required to have access to or agreement with a landfill, transfer station, or recycling facility in order to adequately fulfill the requirements of the contract. vi. Proposer must be available for performance 24 hours a day, seven days a week,without regard to weather or other conditions. vii. Proposer shall make every effort to promptly respond to calls from any City department for recycling collection and disposal services. Prompt response means arrival at the scene within City limits with the proper equipment within 24 hours preferably from the time of the service request to arrival at the dispatched location. viii. Proposer shall have exclusive rights and obligations to collect,haul and dispose of City recyclables from all specified locations. b. Collection and Hauling i. Proposer will collect City recyclables weekly or bi-weekly, however preference shall be determined by need. Collection can occur Monday thru Friday starting after 8:00 AM and ending by 4:00 PM unless affected by a legally designated holiday as noted below. ii. Recycling collections will occur on a regular schedule. The Proposer shall provide a proposed schedule and collection route as part of this bid. The City reserves the right to work with the Proposer to refine the collection route and/or schedule as necessary once proposals have been received. When the collection day is an officially designated holiday, the collection for the holiday and subsequent collections that same week will take place on the next business day, unless approved by the City in advance. iii. The following holidays will be deemed official holidays in the contract: New Year's Day, President's Day, Seward's Day, Memorial Day, Independence Day, Labor Day, Alaska Day,Veterans Day,Thanksgiving Day,Day after Thanksgiving Day,Christmas Eve, and Christmas Day. iv. Recycling to be collected by the Proposer, will be placed in a 35-gallon or greater wheeled cart (for monthly pickup) or 18-gallon tote or greater (for bi-weekly pickup) furnished by the Proposer. Carts must be of a uniform capacity and appearance. The Proposer will supply the City with recycling media that clearly represents materials to be recycled. Proposer may quote other options as to provide the City with the most information when deciding the best service for each location. Containers will be delivered at no cost to the City. The Proposer will establish a standard cart/tote size as designated above: however, no limit will be placed on the volume of recyclables that can be collected. Replacement of containers that are lost, stolen or damaged will be promptly replaced at the Proposers expense. v. Recyclables to be collected by the Proposer will include the following materials: • Glass • Aluminum Cans • Plastic 92 • Cardboard • Plastic 91 (twist off top only) • Tin Cans The City of Seward and the Proposer may,upon mutual agreement, designate materials other than those listed above to be collected by the Proposer. The Proposer will collect City of Seward RFP Page 9 of 20 these materials and may dispose of these materials at a certified landfill,transfer station, or recycling facility. vi. The Proposer will not be required to pick up items that are considered non-recyclable. If the Proposer does collect any non-recyclable items the Proposer will be responsible for proper disposal of those items. c. Disposal i. The Proposer will deliver or cause to have delivered all recycled materials to a certified recycling facility. The Proposers proposal will specify the certified facility to be used, and the City will be informed in writing of any subsequent change in certified facility used. ii. No recyclable material will be delivered to any sanitary landfill, either private or public. iii. All disposal fees and remuneration for recyclable materials are incorporated into the contract unit prices and will be billed to and paid by the Proposer. 5. Contract Term: The contract will be for a minimum of two years, with three one-year options to renew at the sole discretion of the City. Contract is anticipated to commence on immediately after protest period. The City, upon written agreement with the Proposer, may extend the contract on a month-to-month basis at the end of the contractual year or any extension period. 6. Escalation Clause: In the event of price increase in the cost of services provided by the Proposer occurs during the performance of the contract through no fault of the Proposer, the Contracting Officer may equitably adjust the compensation paid to the Proposer. The Proposer must submit to the City a written request for compensation review to include the reason for the request and a list and supporting documents of the increased costs that is the basis for the request. The Contracting Officer shall review the request and issue a written determination. A compensation review may be submitted after the completion of the first contract year and no more than once per contract year thereafter. 7. Award: The City of Seward anticipates awarding this contract AS A WHOLE. City of Seward RFP Page 10 of 20 Section 3 — Standard Terms and Conditions 1. Assignment/ Transfer: Assignment or transfer of this Agreement or Contract without written consent of the City of Seward may be construed by the City as a breach of contract sufficient to cancel any Agreement or Contract at the discretion of the City. 2. Inspection: All goods and services are subject to inspection and approval by the City at all reasonable times, including inspection during manufacturing. Inspection and approval by City at Contractor's place of business or work site does not preclude rejection for defects upon discovery by subsequent inspection. Any goods or services rejected by the City shall be promptly repaired or replaced at Contractor's expense. Any and all costs incurred by the City in connection with the return of goods or rejection of services shall be at the Contractor's risk and expense. 3. Risk of Loss: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery and acceptance. Such loss, injury, or destruction shall not release Contractor from any obligation hereunder. 4. Warranty: Contractor warrants that it has good and merchantable title to the goods sold hereunder and that said goods shall conform to the descriptions and applicable specifications. Such goods shall be of good merchantable quality and fit for the known purposes for which sold, and are free and clear of all liens and encumbrances. Contractor and City agree that this order does not exclude, or in any way limit, other warranties provided for in this Agreement or Contract or by law. 5. Excise and Sales Tax: The prices herein must not include any Federal excise taxes or sales taxes imposed by any State or Municipal Government. Such taxes,if included,must be deducted by the Contractor when submitting invoice for payment. An Exemption Certificate is available upon request. -Not applicable to this solicitation - 6. Invoices: Invoices for goods must be submitted on date of complete shipment. Invoices for services must be submitted within 45 days after completion of services. Payment will be delayed if the invoice fails to reference the purchase order number, ordering department, unit prices, quantities, totals, and a full description of the order that matches the purchase order. The City will provide payment 30 days after satisfactory delivery, acceptance, and receipt of invoice. 7. IRS Form W-9 and Vendor Information: Contractor must have on file with the City a current IRS Form W-9 and complete a vendor registration form before City will issue a purchase order to the Contractor. 8. Compliance with Laws: Contractor represents and warrants that the performance of this order and furnishing goods or services required shall be in accordance with the applicable standards,provisions, and stipulations of all pertinent Federal, State, and City laws, rules, regulations, resolutions, and ordinances City of Seward RFP Page 11 of 20 including, but not limited to, the Fair Labor Standards Act, the Equal Employment Opportunity rules and regulations, and the Occupational Safety and Health Acts. 9. Amendments: No amendments, modifications, or supplements to this contract shall be binding unless in writing and signed by all authorized representatives of both parties. 10. Termination: When it is in the City's best interest, City may unilaterally cancel this Agreement or Contract at any time whether or not Contractor is in default of any of its obligations hereunder. With any such cancellation, Contractor agrees to waive any claim for damages, including loss of anticipated profit on account hereof. However,the City agrees that Contractor shall be paid for items and/or services already accepted by City, but in no event shall the City be liable for any loss of profits on the order or portion thereof so terminated. Either party may terminate this Agreement or Contract at any time for the failure of the other to comply with any of its material terms and conditions. All Proposers recognize that the City is a government entity and that payment obligation is subject to yearly appropriations by the City's governing body and that if funds are not appropriated, this Agreement or Contract will terminate without penalty to either party. 11. Waiver of Breach: No waiver by either party of any breach of any of the covenants or conditions herein contained performed by the other party shall be construed as a waiver of any succeeding breach of this same or of any other covenant or condition. 12. Complete Agreement: The parties agree that the conditions of purchase stated herein and the Proposer's proposals set forth their entire Agreement or Contract and there are no promises or understandings other that those stated herein, and that any prior negotiations between the City and Contractor or terms and conditions set forth in the Contractor's quotation, order, or sales acknowledgment shall not constitute a part of the Agreement or Contract between the City and Contractor concerning this purchase. The terms "Agreement" and "Contract" as used in this clause shall include any future written amendments, modifications, or supplements made in accordance herewith. 13. Liability and Indemnity: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City,its officers,and employees from and against any and all loss,expense,damage, claim, demand,judgment, fine, charge, lien, liability, action, cause of action, or proceedings of any kind whatsoever (whether arising on account of damage to or loss of property, or personal injury, emotional distress or death) arising directly or indirectly in connection with the performance or activities of the Contractor hereunder, whether the same arises before or after completion of the Contractor's operations or expiration of this Agreement or Contract, except for damage, loss or injury resulting from the City's gross negligence or willful misconduct solely. 14. Insurance Requirements: Contractor must furnish a certificate of insurance within ten (10) days of receipt of the Notice-of-Intent to Award and must endorse policies to provide for a thirty (30) day prior notice to the City of cancellation, non-renewal, or material change of the policies. Failure to furnish satisfactory evidence of insurance or lapse of policy is a material breach of the contract and grounds for termination of this Agreement or Contract. Each policy shall be endorsed with a waiver of subrogation in City of Seward RFP Page 12 of 20 favor of the City. All other insurance policies required of the Contractor shall be endorsed to provide that such insurance shall apply as primary insurance and that any insurance or self-insured carried by the City will be excess only and will not contribute with the insurance required by this Agreement or Contract. All other insurance policies required of the Contractor and subcontractors shall be endorsed to name the City as additional insured. All insurance shall be on an occurrence form acceptable to the City and having an A.M. Best rating of"A" or better. a. Workers' Compensation and Employers' Liability Insurance as required by any applicable law or regulation. Employers' liability insurance shall be in the amount no less than $500,000 each accident for bodily injury, $500,000 policy limit for bodily injury by disease and $500,000 each employee for bodily injury by disease. The Contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work. If there is an exposure of injury to Contractor's employees under the U.S. Longshoremen's Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations or statutes applicable to maritime employee, coverage shall be included for such injuries or claims. b. Commercial General Liability Insurance: The Contractor is required to provide Commercial General Liability (CGL) insurance with limits not less than $5,000,000 for any contract over $1,000,000 and not less than $1,000,000 for contracts under $1,000,0000 combined single limit per occurrence and $5,000,000 for any contract over $1,000,000 and not less than $1,000,000 for contracts under $1,000,0000, in the aggregate not excluding premises operations, independent Contractors, products, and completed operations, broad form property damage, blanket contractual, explosion, collapse and underground hazards. Limits may be a combination of primary and excess (umbrella)policy forms. c. Comprehensive Automobile Liability Insurance: Covering all owned, hired and non-owned vehicles with coverage limits not less than $1,000,000 single limit per occurrence bodily injury and property damage. - Not applicable to this solicitation - d. Property Insurance: The Contractor shall submit to the City evidence of All Risk Builder's Risk Insurance for all physical loss,including earthquake and flood(100%completed value basis)upon the entire work naming the City,the Contractor and the subcontractors as additional insured parties and as their interests may appear to the full contract sum thereof,until the project is completed by the Contractor and accepted by the City. The policy, by endorsement, shall specifically permit partial or beneficial occupancy at or prior to substantial completion or final acceptance of the entire work. -Not applicable to this solicitation - PROOF OF INSURANCE: The Contractor shall furnish the City with a Certificate of Insurance or, where requested by the City, the policy declaration page with required endorsements attached thereto showing the type, amount, effective dates, and dates of expiration of all policies. All endorsements shall reference the policy number and the project name and project number. The owner is the City of Seward and is to be identified on all certificates and endorsements. Without limiting its indemnification, the Contractor shall maintain, until termination of Agreement or Contract or completion and acceptance of the project by the City, occurrence type coverage of the City of Seward RFP Page 13 of 20 kinds and minimum amounts set forth above. All insurance limits are minimum. If the Contractor's policy contains higher limits, the City shall be entitled to coverage to the extent of such higher limits. The City, at its sole discretion, may raise or lower the limit. 15. Records: The City reserves the right to inspect all vendor documents relating to this Agreement or Contract for up to three (3)years after expiration. 16. Acceptance of Proposals: As soon as practicable after opening, proposals valued over $300,000, the City Council is the approving body. The rights and obligations of the contract will become effective and binding upon the contracting parties only after formal execution of a purchase order signed by the Contracting Officer or a contract form signed by the Contractor and City Manager. No other act whether oral, written or implied shall constitute acceptance of a proposal. 17. Postponement: The City reserves the right to postpone the date of the opening of proposals and will give written notice of any such postponement to all known holders of the contract documents. 18. Delivery: Successful Proposers may be required to provide reasonable evidence from their source of supply or manufacturer to justify the delivery dates furnished in their proposal. Any unreasonable deviation from the proposed delivery dates shall constitute a breach of contract and shall entitle the City to cancel all obligations to the Contractor. 19. Time is of the essence: The Proposer is expected to deliver goods or services that conform in all material respects to the contract specifications on or before the date provided herein. This date may be amended by written agreement between both parties. 20. Safety Data Sheets: For all materials supplied under this offer, the Proposer will provide to the City the applicable Safety Data Sheet(SDS). SDS must be received prior to final payment. 21. Cooperative Purchasing: Any other State of Alaska government entity may exercise their option to use this same contract to make similar purchases of like items, based on similar quantity. The City is not liable for any other State of Alaska government entity or their purchases. 22. Independent Contractor Relationship: Contractor's relationship with the City for the purpose of the solicitation and Agreement is that of an Independent Contractor, and nothing in the solicitation and Agreement is intended to or should be construed as to create a legal partnership, agency,joint venture, or employment relationship with the City. City of Seward RFP Page 14 of 20 Section 4 — Evaluation Criteria 1. Evaluation: Proposals will be evaluated using the following criteria to ascertain which Proposer best meets the needs of the City. The City reserves the right to conduct post proposal interviews or questioning for clarification during the review process. All proposals submitted must be complete and set forth the most favorable terms, as the award may be made without any additional contact during the review process. 2. Evaluation Criteria: Weight 1. Experience and longevity of the firm. Areas of consideration include, but are not limited to, number of years in business in Seward Alaska,staff qualifications, and 30 references 2. Equipment. Areas of consideration include, but are not limited to, number of, type, and condition of equipment, company's ownership and operation, and how the company 20 is maintained 3. Costs 50 TOTAL: 100 4. Evaluation Process: Evaluation of the proposals will be performed by a representative of the City. The City reserves the right to award a contract solely on the information presented in the proposals. The City also reserves the right to request oral interviews with the highest ranked Proposers. The highest ranked Proposer may be invited to enter into contract negotiations with the City for the purpose of awarding the contract. If an agreement cannot be reached between the City and the highest ranked Proposer, the second highest ranked Proposer may be contacted for contract negotiations. This process may continue until successful contract negotiations are achieved. The City reserves the right to terminate negotiations with any Proposer if it is in the City's best interest. The City reserves the right to reject any and all proposals submitted. City of Seward RFP Page 15 of 20 Section 5 — Required Forms Forms included in this solicitation or required when submitting Proposal: 1. Title Page —List: the RFP title and number; company name, address, contact phone number, and name of main contact person; and, date of submission. 2. Table of Contents —List the section names of the submittal and corresponding page numbers. 3. Letter of Transmittal — Within the letter, the Proposer must state that the company understands the services to be performed and is committed to providing these services. The letter must also include a list of names,titles, and contact numbers for those authorized to represent the company. The letter must also include a description of the company's experience, longevity, previous history performing similar work, qualifications, and training. 4. Equipment—Provide photos of equipment to be used and an explanation about how the equipment will be used to provide the service. The explanation must include the equipment's type, size, description, and year. 5. Employee Qualifications —Provide a list of company employees by name,position, qualifications,years of experience, and current Alaska driver's license numbers. The City reserves the right to request background checks on any or all employees. 6. Sample Form of Reports - Record of Transaction and Monthly Report. 7. Proposal Form (page 17) 9. Proposal Fee Schedule (page 19) 10. Information Form (page 20) 11. Copy of State of Alaska Business License 12. Copy of City of Seward Business License Download solicitations, addendums, and forms at: http://www.cityofseward.us City of Seward RFP Page 16 of 20 PROPOSAL FORM City of Seward Recycling Collection and Disposal Services RFP # Failure to complete this form shall result in your Offer being deemed non-responsive and rejected without any further explanation. Offer and Obligation: The undersigned hereby offers, and agrees to be bound and obligated to this offer, to furnish the goods and / or services in compliance with all Terms and Conditions, Scope of Work, Specifications, and Addendums in this solicitation and, if awarded, enter into an Agreement or Contract with the City. Addendums: The undersigned has read,understands, and is fully cognizant of all parts of this solicitation,together with any addendum issued in connection with this document. The undersigned hereby acknowledges receipt of the following addendum(s). In addition, the undersigned has completely and appropriately filled out and submitted all required forms. Initial next to each applicable addendum number(s) or, if none, leave blank. Addendum 91 Addendum #2 Addendum #3 Addendum 94 If additional addendums were issued, list numbers here and initial. Compliance: The undersigned hereby accepts all administrative requirements of the solicitation and will be in compliance with such requirements. By submitting this Proposal Form, the Proposer represents that they are in compliance with all applicable provisions of the City of Seward Code of Ordinances Chapter 54— Procurement, and if awarded a contract to provide the construction, goods, or services required in this solicitation will comply for the entire length of the Agreement or Contract. Non—Collusion: The undersigned, by submission of this Proposal Form, hereby declares that this offer is made without collusion with any other business or person making any other offer, or which otherwise would make an offer. Performance Guarantee: The undersigned further agrees that if awarded the Agreement or Contract, it will submit to the City any required performance guarantee (i.e. irrevocable letter of credit or cash deposit), if applicable. City of Seward RFP Page 17 of 20 Proposal Price: The undersigned agrees to abide by the pricing contained on the Price Form. NO OFFER WILL BE ACCEPTED WHICH HAS NOT BEEN MANUALLY SIGNED IN INK IN THE APPROPRIATE SPACE BELOW I certify, under penalty of perjury, that I have the legal authorization to bind the company hereunder: For clarification of this offer, contact: Company Name Name Address Title City State Zip Phone Signature of Person Authorized to Sign Email Printed Name Title Federal Tax ID City of Seward Business License Number Alaska Business License Number Contractor's License Number City of Seward RFP Page 18 of 20 PRICE FORM City of Seward Recycling Collection and Disposal Services RFP # Failure to complete this form shall result in your Offer being deemed non-responsive and rejected without any further explanation. The Proposer, having carefully examined this entire document provided, proposes to furnish the requested services at the following rates: 18-gallon containers per month $ (in words) 35-gallon containers per month $ (in words) Location per month, weekly service $ (in words) Location per month, bi-weekly service $ (in words) City of Seward RFP Page 19 of 20 INFORMATION FORM City of Seward Recycling Collection and Disposal Services RFP # Failure to complete this form shall result in your Offer being deemed non-responsive and rejected without any further explanation. Areas or Municipalities Served: Approximate Years Serviced Area/Municipality Population from - to Contact Name & Number Facilities List: List information relative to all facilities to be utilized in performance of this contract. Facility Type Owned/Leased Address Contact Name & Number City of Seward RFP Page 20 of 20 Recyclable Materials Collection List: Will collect Will NOT Will collect but Material & recycle collect not recycle Comments Glass Plastic #1 (twist off only) Plastic #2 Aluminum Cans Tin Cans Cardboard RFP Recycling Services for City Facilities QUESTIONS & ANSWERS Q: Fort he Areas or Municipalities Served I would like clarification on the Contact Name& Number your department is looking for. Resurrection Recycling LLC has been providing services to the Seward are since November of 2020. Would the Contact Name& Number be our office personnel? A:Yes. Q: For the Facilities List I would like clarification on what exact information your department is looking for. Resurrection Recycling LLC brings the collected recyclables to the Seward Area Transfer Station which is open to the public for disposal of items. Is your department looking for the Seward Area Transfer Station information or Resurrection Recycling LLC business location? A:You need only list facilities that you directly own or lease to facilitate the requested services.