NOT AN ORDER. OFFICIAL TITLE: DATE TERMS F.O.B. DATE SHIPMENT CAN BE MADE SHIPMENT VIA Delivered

Transcription

1 DOUGLAS COUNTY PURCHASING DEPT FARNAM STREET 902 Omaha-Douglas Civic Center OMAHA, NE FAX # DATE DELIVERY REQUEST FOR QUOTATION ON: CITY OF OMAHA Spring Clean-Up Appliance and Scrap Metal Recycling Services NOT AN ORDER REPLY NOT LATER THAN REQUISITION NO. DEPARTMENT REQUIRED: ASAP 11:00 a.m. CST on Monday, February 12, 2018 Public Works COMPANY NAME: L Please quote on this form your best price, terms, and delivery on the articles described below. Vendor must fill in all requested information to receive consideration. Sign your firm name and official signature and mail completed form back to buyer. ADDRESS:. WE QUOTE YOU AS BELOW PHONE#: CITY / STATE:. FAX#: Submitted by (print): ZIP CODE:. SIGNATURE: OFFICIAL TITLE: DATE TERMS F.O.B. DATE SHIPMENT CAN BE MADE SHIPMENT VIA Delivered QUANTITY DESCRIPTION UNIT PRICE AMOUNT Contractor(s) to provide all labor, services and equipment necessary to lawfully accept, process and recycle the appliances and scrap metal generated in conjunction with the Spring Clean-Up 2018 program per the attached specifications. Questions regarding this quote must be received by 11:00 am on Thursday, February 8, 2018, and should be sent via to bidquestions@douglascounty-ne.gov. Vendor must include the quote title and opening date in the subject line. Quotes must be received and date stamped no later than the date and time specified above. BUYER: Tara Holmstedt Tara.Holmstedt@douglascounty-ne.gov All bidders awarded a contract in the amount of $5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights & Relations Department the Contract Compliance Report (Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights & Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights & Relations Department at (402) Return this quotation to Purchasing Department by fax at (402) OR mail to above address.

2 DOUGLAS COUNTY REQUEST FOR QUOTATION ON: CITY OF OMAHA - Spring Clean-Up Appliance and Scrap Metal Recycling Services NOT AN ORDER Page 2 QUANTITY DESCRIPTION UNIT PRICE EXTENSION Base Bid: Lawful receipt, processing, and recycling of appliances and scrap metal per specifications. Freon containing appliances Non-Freon containing appliances Cost per each unit: Cost per each unit: $ $ Optional Bid: The optional transportation bids shall be lump sum dollars for only the hauling of appliances and scrap metal to the contractor's site per specifications. Two (2) roll-off trucks, two (2) licensed drivers, and five (5) thirty cubic yard (30 cy) containers. Lump Sum Daily Bid: $ Shared Revenue Bid: The dollar amount, per ton, the Contractor will pay the City of Omaha for total appliances and scap metal received. Dollars/Ton Shared: $ Additional Required Information: Location of Receiving Site: Indicate maximum number of 30 cubic yard (30 cy) loads your facility could receive on each Saturday for this project. Thirty cubic yard (30 cy) containers: SIGN ALL COPIES Firm By Title CONTINUATION SHEET

3 DOUGLAS COUNTY REQUEST FOR QUOTE ON: CITY OF OMAHA - Spring Clean-Up Appliance and Scrap Metal Recycling Services NOT AN ORDER Page 3 DESCRIPTION Vendor Restrictions: From the date the bid is issued until a determination is announced regarding the selection of the contractor, contact regarding this project between potential consultants/vendors/contractors and individuals employed by the City of Omaha (Omaha) is restricted to only written communication with the person designated as the point of contact for this bid. Once a contractor is preliminarily selected, that contractor is restricted from communicating with Omaha employees with the exception of employees designated to negotiate, discuss or finalize a contract. Violation of this condition may be considered sufficient cause to reject a contractor s proposal and/or selection irrespective of any other condition. Conflict of Interest: Pursuant to Section 8.05 of the Home Rule Charter and all state and local rules, CONTRACTOR assures City of Omaha (CITY) that no elected Official or any officer or CITY employee shall have a financial interest, direct or indirect, in any CITY agreement. In the performance of this agreement, CONTRACTOR will avoid all conflicts of interests or appearances of conflict of interest. CONTRACTOR will report any conflict of interest immediately to the CITY. CONTRACTOR did not and will not provide any money or other benefit of any kind to any CITY employee in the procuring of, facilitation of, and execution of or during the duration of this Agreement. Drug Free Policy: CONTRACTOR assures City of Omaha that CONTRACTOR has established and maintains a drug free workplace policy. Unavailability of Funding: Due to possible future reductions including but not limited City of Omaha (CITY), State and/or Federal appropriations, the CITY cannot guarantee the continued availability of funding for this Agreement, notwithstanding the consideration stated in this Agreement. In the event funds to finance this Agreement become unavailable either in full or in part due to such reduction in appropriations, the CITY may terminate the Agreement or reduce the consideration upon notice in writing to Contractor. The notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The CITY shall be the final authority as to the availability of funds. The effective date of such Agreement termination or reduction in consideration shall be specified in the notice as the date of service of the notice or the actual effective date of the CITY, State and/or Federal funding reduction, whichever is later. Provided, that reduction shall not apply to payments made for services satisfactorily completed prior to the effective date. In the event of a reduction of consideration, Contractor may cancel this Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to CITY. PAYMENT TERMS: Net 30 payment terms shall apply to all invoices billed to the City of Omaha. Payment of invoice amount will occur within 30 days following receipt of invoice or receipt of goods/services, whichever is later. Solid Waste Disposal: Pursuant to an Interlocal agreement between the City of Omaha (Res. 124) and Douglas County (Res. 85) dated January 31, 2012, all solid waste collected and /or processed pursuant to City or County contracts is required to be taken to the Douglas County Pheasant Point Landfill and/or any other transfer station, MRF or disposal facility controlled by the City and/or the County. This includes trash, rubbish, construction, and other solid waste. This is a requirement that will not be waived. C&D, hazardous waste, untreated medical waste, and asbestos would be exempt from this directive, as would recycled materials. SIGN ALL COPIES Firm By Title CONTINUATION SHEET

4 DOUGLAS COUNTY REQUEST FOR QUOTATION ON: CITY OF OMAHA - Spring Clean-Up Appliance and Scrap Metal Recycling Services NOT AN ORDER Page 4 BID CLAUSES - TERMS AND CONDITIONS INSURANCE: Each bidder must provide a Certificate of Insurance with their bid documents which details their current levels of coverage. FOLLOWING AWARD OF CONTRACT: For City projects where the scope of work will be less than $200,000.00, it is required that the awarded contractor provide a Certificate of Insurance meeting or exceeding the following levels of insurance: (1) adequate workers compensation (statutory); (2) commercial general liability in an amount not less than $250,000 for any person for any number of claims arising out of a single occurrence and not less than $500,000 for all claims arising out of a single occurrence; and (3) property damage insurance in an amount not less than $500,000; and naming CITY OF OMAHA as an additional insured, except for Workers Compensation policies/certificates, for the term of the agreement. Certificates of Insurance are required before service begins. INDEPENDENT VENDOR: Both parties understand and agree that (vendor) is an independent vendor under the provisions of this Agreement and not employed by or otherwise affiliated with Douglas County (COUNTY) or the City of Omaha (CITY). Employees of vendor (if any) are not employees of COUNTY/CITY. Each Party shall pay all wages, salaries and other amounts due its employees and shall be responsible for all reports, obligations, and payments pertaining to social security taxation, income tax withholding, workers compensation, unemployment compensation, group insurance coverage, collective bargaining agreements or any other such similar matters. Both parties understand and agree that vendor is solely responsible for acquiring and maintaining, for the term of this Agreement, adequate general and special liability insurance, including but not limited to workers compensation insurance, sufficient to protect vendor s ability to complete performance under this Agreement. Neither Party shall have any authority to bind the other by or with any contract or agreement, nor to impose any liability upon the other. All acts and contracts of each shall be in its own name and not in the name of the other. SIGN ALL COPIES Firm By Title CONTINUATION SHEET

5 DOUGLAS COUNTY REQUEST FOR QUOTATION ON: CITY OF OMAHA - Spring Clean-Up Appliance and Scrap Metal Recycling Services NOT AN ORDER Page 5 BID CLAUSES - TERMS AND CONDITIONS Equal Employment Opportunity: In accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat , the Contractor agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, or privileges of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant. New Employee Work Eligibility Status (Neb. Rev. Stat ) The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat SIGN ALL COPIES Firm By Title CONTINUATION SHEET

6 Responsible Contractor Compliance Form RC Regulation: A. Article IV, Division I of Chapter 10 of the Omaha Municipal Code thereon require: 1. That all contractors who submit a bid to City of Omaha shall designate a representative who on behalf of the Contractor, shall fill out completely a Responsible Contractor Compliance Form (RC-1). An incomplete or unsigned RC-1 form will make your bid null and void. 2. Filing this Report (please initial in the boxes below): Contractor agrees that Contractor will not knowingly employ or hire an employee not lawfully authorized to perform employment in the United States and that the Contractor and all subcontractors shall use E-Verify to determine work eligibility. Contractor agrees that Contractor will not knowingly violate Nebraska s Misclassification of Employee law (Neb. Rev. Stat. Section et seq.). Contractor agrees that Contractor will not knowingly violate Nebraska s Fair Labor Standards Law (Neb. Rev. Stat. Section et seq.). Contractor has not been convicted of any tax violations (local, State and Federal) within the last three years from the date this bid is submitted. Contractor has not, upon final determination by the Occupational Safety and Health Administration, been convicted of a criminal, repeat, or willful violation of the Occupational Safety and Health Act (OSHA) or been convicted of 3 (three) separate serious OSHA violations within the past three (3) years. Contractor agrees to make a good faith effort to ensure all subcontractors employed on this project comply with the provisions of the Responsible Contractor Compliance Form RC-1. Signature Date By signing, I verify on behalf of the Contractor that the information above is true and correct. Filing false information carries a penalty of up to a $500 fine or six months in jail. In addition, the contractor and subcontractors can be subject to immediate disqualification and prohibited from any future City of Omaha contract for a period of 10 years.

7 EMPLOYEE CLASSIFICATION ACT: Each contractor who performs construction or delivery service pursuant to this contract shall submit with their bid submission an affidavit attesting that (1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"); (2) such contractor has completed a Federal I-9 Immigration form and has such form on file for each employee performing services; (3) such contractor has complied with Neb. Rev. Stat. Section (Federal Immigration Verification System--E- Verify); (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker; and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by City of Omaha/Douglas County. CONTRACTOR shall follow the provisions of the Employee Classification Act (Act). A violation of the Act will be a material breach and, in addition to any other remedies, be grounds for immediate contract rescission. If CONTRACTOR is performing construction or providing delivery service, CONTRACTOR shall submit an affidavit that complies with the Act. CONTRACTOR will also ensure that all subcontractors performing services for Contractor will also complete affidavits that comply with the Act. Contractor shall submit the affidavit(s) with their bid submission. The affidavit must be provided before work or services are undertaken. Following award, if CONTRACTOR changes or adds additional subcontractors, CONTRACTOR shall ensure that the subcontractor provides an Employee Classification Act affidavit to Douglas County Purchasing Department before that subcontractor begins work or services. Subcontractor affidavits should be mailed to: Douglas County Purchasing Agent, 1819 Farnam St. Rm 902, Omaha NE FAIR LABOR STANDARDS: CONTRACTOR agrees to maintain FAIR LABOR STANDARDS as defined in Neb. Rev Stat CONTRACTOR has filed with Douglas County (City/County Purchasing) a statement that it is complying with and will continue to comply with, fair labor standards as provided in Neb. Rev. Stat & In addition, CONTRACTOR assures County that it will continue to comply with statutory fair labor standards throughout its performance under this contract.

8 AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT & FAIR LABOR STANDARDS I,, being first duly sworn under oath, state and depose as follows: 1. I am competent to testify to, and have personal knowledge of, the matters stated in this affidavit. 2. I am (a contractor) or (the authorized agent of the contractor) for Company, (hereinafter Contractor ). I attest to the following: (a) each individual performing services for Contractor is properly classified under the Nebraska Employee Classification Act, ( the Act ), (b) Contractor has completed a federal I- 9 immigration form and has such form on file for each employee performing services, (c) Contractor has complied with Neb. Rev. Stat (use of federal immigration verification system), (d) Contractor has no reasonable basis to believe that any individual performing services for Contractor is an undocumented worker, (e) as of the time of the contract, Contractor is not barred from contracting with the state or any political subdivision pursuant to the Act, and (f) Contractor is complying with and will continue to comply with, fair labor standards as provided in Neb.Rev.Stat & , as applicable and as amended hereinafter. Contractor will also ensure that all subcontractors execute affidavits in compliance with the Act. FURTHER AFFIANT SAYETH NAUGHT. Affiant (Contractor) SUBSCRIBED AND SWORN TO before me this day of, 20. Notary Public

9 SPECIFICATIONS FOR PROVIDING APPLIANCE AND METALS RECYCLING SERVICES FOR SPRING CLEAN-UP 2018 I. Purpose and Scope Beginning in the Spring of 2018, the City of Omaha again will be funding compactor trucks and a limited number of roll-off containers to participating Neighborhood Associations in conjunction with Omaha s Spring Clean-up Program. The 2018 Program will be very similar to that of Depending upon the availability and costs of contractor equipment, the Public Works Department will be coordinating the effort with the following goals: Thirteen to nineteen (13-19) sites per Saturday over six (6) weeks Begin collection events at 9:00 AM Group Collection sites regionally for each of the collection days General rubbish will be collected in compactor trucks and disposed of at the Douglas County landfill Roll-off containers for appliances and scrap metal at one site for each collection day The City of Omaha is also releasing separate bid documents related to SPRING CLEAN- UP 2018, to request bids for the hauling of rubbish and tires from the cleanup sites. It is the intent of this contract that the successful bidder, hereinafter "Contractor, shall provide all labor, services and equipment necessary to lawfully accept, process and recycle the appliances and scrap metal generated in conjunction with the 2018 Program. The term appliances shall mean clothes washers and dryers, water heaters, heat pumps, air conditioners, dehumidifiers, refrigerators, freezers, trash compactors, dishwashers, conventional ovens, ranges, stoves and wood stoves. Per the bid proposal sheet, the City of Omaha will also consider proposals to include under this contract the transportation of appliances and scrap metal from the assigned cleanup sites to the Contractor s processing site. The contract will be awarded based on the lowest and best overall bid received on this and other contract proposals. The City of Omaha may award a contract for recycling only or for transporting and recycling. The City of Omaha reserves the right to reject all bids. II. Information to Bidders The City of Omaha has limited historical data from which to project the composition or quantities of appliances and scrap metal that will be generated from the 2018 Program. The tables on the following page are summaries from 2015, 2016 and However, the City of Omaha can make no minimum or maximum guarantees on the quantities or the composition of material that will be generated in The successful bidder for this Contract shall be required to properly handle, to the reasonable satisfaction of the City of Omaha, all appliances and scrap metal delivered on each cleanup day at the contracted bid prices. Non-appliance scrap metal will be commingled with appliances, and the City of Omaha will not pay any cost for this component. This contract shall provide the successful bidder with exclusive rights only to all appliances and scrap metal delivered to the City of Omaha s designated collection site. Other Neighborhood Associations may independently operate metal recycling locations. The successful bidder may enter into agreements with other such Neighborhood Associations but shall not state or imply that they have any exclusive rights or any City of Omaha Page 1 of 7

10 endorsement for recycling from sites other than those designated by the City of Omaha. Any such agreement with a Neighborhood Association shall in no way diminish the Contractor s dedication of personnel and equipment specified in this contract. The City of Omaha shall have no responsibility for coordinating or financing collections from sites other than those it designates. In the past, due to higher than expected prices from brokers purchasing scrap metals, bidders have offered a $0 (zero) dollar bid for these described services to the City of Omaha; both for hauling AND processing of scrap appliances and metals. The 2013 bid was awarded to a hauler/processor that offered the City of Omaha a portion of the revenue from the total tonnage collected each week. As described above, the City of Omaha makes no guarantee as to the quantity of material that may be generated at any given site. The bid proposal sheet below asks the bidder to offer payment to the City of Omaha for a portion of the revenue generated from the sale of materials Appliance and Scrap Metal Summary Date Site Freoncontaining Appliance Total Non-Freon Appliances Number of Hook trucks required Number of Roll-offs per truck required April 22, 2017 Lee Valley Neighborhood Lee Valley Pool Charles St. (1500 N) April 29, 2017 May 6, 2017 May 13, 2017 May 20, 2017 Spring Lake Neighborhood South High School parking lot - 23 rd & J St. (4500 S) Benson Gardens Neighborhood Hillside School 7500 Western Ave Pheasant Run Neighborhood Millard South HS west parking lot Q St. (5200 S) Conestoga Place Homeowners Conestoga Magnet Center 2115 Burdette St. (2200 N) CUO 2017 Totals Page 2 of 7

11 2016 Appliance and Scrap Metal Summary Date April 16, 2016 April 23, 2016 April 30, 2016 Site Spring Lake Neighborhood South High School parking lot - 23 rd & J St. (4500 S) Pheasant Run Neighborhood Millard South HS west parking lot Q St. (5200 S) Benson Gardens Neighborhood Hillside School 7500 Western Ave Lee Valley Neighborhood Lee Valley Pool - May 7, Charles St. (1500 N) May 14, 2016 May 21, 2016 Conestoga Place Homeowners Conestoga Magnet Center 2115 Burdette St. (2200 N) Paddock Road Community Paddock Road Elementary School 3535 Paddock Rd Freoncontaining Appliance Total Non-Freon Appliances Number of Hook trucks required Number of Roll-offs per truck required CUO 2016 Totals Page 3 of 7

12 2015 Appliance and Scrap Metal Summary Date April 11, 2015 April 18, 2015 April 25, 2015 May 2, 2015 May 9, 2015 May 16, 2015 Site Spring Lake Neighborhood South High School parking lot - 23 rd & J St. (4500 S) Conestoga Place Homeowners Conestoga Magnet Center 2115 Burdette St. (2200 N) Metcalf-Harrison Neighborhood Kelley s Hilltop Bowl parking lot Hamilton St. (1400 N) Lee Valley Neighborhood Lee Valley Pool Charles St. (1500 N) Pheasant Run Neighborhood Millard South HS west parking lot Q St. (5200 S) City Sponsored The Sewer Maintenance Facility 6880 Q St. (5200 S) Freoncontainin g Appliance Total Non-Freon Appliances Number of Hook trucks required Number of Roll-offs per truck required n/a n/a CUO 2015 Totals Page 4 of 7

13 III. Schedule and Term 1. The term of this contract shall be for a period of six (6) weeks, beginning on April 14, 2018, and ending on May 19, However, the City of Omaha reserves the sole option to cancel or suspend the contract at any time with 14 days advance notice to the Contractor. 2. The City will enroll Neighborhood Associations and will establish the collection areas for the following six (6) dates: April 14, 2018 April 21, 2018 April 28, 2018 May 5, 2018 May 12, 2018 May 19, Bids for appliance recycling shall be evaluated on the basis of the unit prices for lawfully receiving, processing, and recycling of appliances and scrap metal generated at the City of Omaha s designated collection sites. As an example, appliances containing a refrigerant may be bid at a higher price per appliance due to the cost of removing the refrigerant prior to recycling the metals and plastics of the appliance. In addition, non-refrigerated appliances may be bid at a lower price as there are no additional costs for disassembling and recycling the materials. 4. Bids for shared revenue shall be evaluated on the basis of dollars per ton offered by the bidder to the City of Omaha for total tonnage of each load received. The bidder will provide the City of Omaha with a copy of a dated and time stamped ticket from a certified scale for each load received. 5. The optional transportation bids shall be lump sum dollars for two (2) compactor trucks, two (2) drivers and up to five (5) containers with a minimum thirty cubic yard (30 cy) capacity per day as outlined on the attached bid proposal sheet. 6. Once the bids are opened, the City of Omaha will establish a schedule to accomplish the Program at a minimum cost to the City of Omaha. As many contracts as necessary to complete the work will be awarded. Each Contractor will be paid at their bid price, regardless of the price bid by other contractors. Bid prices will not be adjusted for inflation or fluctuation in fuel prices that may occur between the time of bid and the time of rendering services or materials under the contract. IV. Specific Requirements for Recycling 1. The Contractor shall receive materials from the cleanups at a lawfully zoned and permitted site within approximately thirty (30) minutes travel time from 72 nd and Dodge Street. The location of the receiving site must be identified on the BID PROPOSAL SHEET. 2. The Contractor shall be open for receiving material by 9:00 AM and remain open until at least 4:30 PM on each clean-up day. Page 5 of 7

14 3. Sufficient space shall be maintained throughout the day to allow safe, timely and lawful offloading of containers at the Contractor s site. 4. The Contractor shall handle and process all appliances and other materials received in a manner that complies with all applicable federal, state and local rules, regulations and requirements, including but not limited to EPA requirements for Freon removal. 5. The City of Omaha shall provide an inspector at the neighborhood cleanup site to help monitor materials placed in the container for recycling and to maintain a log of the number and type of appliances delivered in each load. 6. The Contractor shall be provided with the log of appliances loaded, and shall base his monthly invoice to the City of Omaha from these records. Should the Contractor dispute the City of Omaha s count, he may present documentation to the City of Omaha. The City of Omaha agrees to work in good faith to equitably resolve any such differences. 7. Contractor processing shall be done in a manner that maximizes recycling, and the Contractor shall lawfully dispose of all non-recyclable residue at no additional cost to the City of Omaha. 8. The successful bidder must have available a scale for the weighing of incoming materials, the City of Omaha may require that the Contractor to provide, at no additional cost to the City of Omaha, information on the weight of materials received. V. Specific Requirements for Transportation (bid optional) 1. The optional transportation bids shall be lump sum dollars for two (2) compactor trucks, two (2) drivers, and up to five (5) containers with a minimum thirty cubic yard (30 cy) capacity per day as outlined on the attached bid proposal sheet. 2. Collection sites will operate from 9:00 AM to 2:00 PM. The City of Omaha reserves the right to require the Contractor, at no additional cost to the City of Omaha, to continue collection until 3:00 PM. 3. The Contractor will be supplied with a location of the collection site for each clean-up date a minimum of two weeks in advance. The Contractor shall have at least one empty container off-loaded at the collection site by 8:45 AM and is required to have both scheduled trucks at the assigned collection sites by 9:00 AM. All containers shall arrive empty and in operable condition and must be removed from the sites by no later than 4:00 PM that same day. 4. The Contractor shall provide a point of contact for the City of Omaha that will remain available by phone throughout the clean-up day. The Contractor also shall maintain radio or cell phone communication with each of his trucks and cooperate with the City of Omaha site coordinator to move compactor trucks and/or change out containers throughout the day as directed by the City of Omaha. 5. The two (2) trucks and two (2) drivers servicing roll-off containers shall be dedicated solely to the designated Clean-up Omaha appliance site from 9:00 AM to 3:00 PM for the clean-up day. Filled containers shall be promptly emptied and returned to the assigned collection site, unless dismissed or otherwise directed by the City of Omaha s representative. 6. The Contractor s drivers shall review the City of Omaha inspector s appliance count prior to transporting each load and the driver and inspector shall attempt cooperatively to resolve any discrepancies. Page 6 of 7

15 7. The Contractor shall cooperate with the City of Omaha and its representatives to maximize program efficiency and to avoid disruption of operations at each collection site. 8. The Contractor shall provide equipment operators properly licensed under state law and all equipment shall be maintained and operated in accordance with all applicable laws and regulations. 9. All vehicles and equipment used in the performance of the contract shall be owned or leased by the Contractor and the Contractor shall indemnify and save harmless the City of Omaha, its officers, employees, agents and representatives from all claims, suits or actions of every kind and character made upon or brought against the said City of Omaha, its officers, employees, agents and representatives for or on account of any injuries or damages received or sustained by any party or parties by or from the acts of the said Contractor or its servants, agents, representatives, and subcontractors, in doing the work herein contracted for, or by or in consequence of any negligence in guarding the same or any improper material used in its performance, or by or on account of any act or omission of said Contractor or its servants, agents, representatives, and subcontractors, and also from all claims of damage for infringement of any patent in fulfilling this Contract. VI. Payment The Contractor shall submit monthly invoices to Omaha following any month in which work was performed. Invoices are to be submitted to the City of Omaha, Environmental Quality Division, 5600 S. 10 th Street, Omaha, NE Invoices need to specify services provided on each date. Copies of any requested scale tickets shall be included with the monthly invoice submittal. Should this be a revenue producing contract in favor of the City of Omaha, the City Omaha will invoice the Contractor monthly based on the scale tickets provided to the City of Omaha by the Contractor. VII. Evaluation of Bids All bids will be evaluated on the basis of the lowest and best bid price and other pertinent information. For the purpose of price comparison, the City of Omaha will assume a total of one hundred fifty (150) appliances per clean-up day, with a composition of fifty (50) Freon appliances, and one hundred (100) Non-Freon appliances. Again, no actual minimum or maximums are guaranteed. Non-appliance scrap metal will be commingled with appliances, and the City of Omaha will not pay any cost for this component. Page 7 of 7