CITY OF SOUTHAVEN, MISSISSIPPI RUBBISH COLLECTION SERVICES

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1 CITY OF SOUTHAVEN, MISSISSIPPI RUBBISH COLLECTION SERVICES SPECIFICATIONS Darren Musselwhite Mayor Board of Aldermen Kristian Kelly Shirley Kite George Payne Joel Gallagher Scott Ferguson Raymond Flores William Brooks April 25, 2016

2 CITY OF SOUTHAVEN / 8710 NORTHWEST DRIVE / SOUTHAVEN, MS PHONE: / FAX: REQUEST FOR PROPOSAL The City of Southaven, Mississippi ( City ) is requesting bids for the collection of municipal rubbish. This service will consist of collecting rubbish from the City delivered to the County landfill, transfer station, waste-to-energy plant, or other area as designated by the City. The current contract expires on July 1, 2016 which will be the beginning of this new contract. I. BACKGROUND The City with a population of approximately 51,800, has curbside collection of rubbish as well as garbage. This request is for rubbish collection only. Rubbish (vegetative debris limbs, cuttings, bagged leaves, trunk sections, etc.; and bulky waste appliances, furniture, mattresses, etc.; and light construction debris wood members, gypsum board, etc.; moving debris boxes, packing paper, etc. ) shall be picked up from the approximately 17,012 single-family residential units once per week on a designated day for each residence agreeable to the City through a designated route map and schedule. Collection is spread over the five weekdays. Other items that are not household garbage or food waste shall be collected if allowed and bagged properly. The City and its advisors have, to the best of their knowledge, represented information and data that are current and applicable to this contract. The City is providing the information contained herein as a courtesy to the Service Provider. The City and its advisors neither guarantee nor warranty that the information contained in this RFP or referenced documents is accurate and complete. The City and its advisors are not and will not be liable for omissions or errors contained in this RFP. It is the Service Provider's responsibility to use this information and verify the same during the proposal, negotiation, and contract implementation periods through its own due diligence. II. PURPOSE AND SCOPE The City requests proposals from contractor for collecting municipal rubbish as described above, to all residential homeowners within the City limits, both current and future residents. (Cost per home adjusted annually for future residents-also to be adjusted for reducing total numbers if necessary). III. BID REQUIREMENTS All bids should include the following: 1. An annual cost to the City for the length of this contract the 1 st year (based on 17,012), then an annual household cost thereafter. (see tabulation sheet).

3 2. A description of the proposed collection procedure including operating equipment and personnel, hours and days of operation, scale, and any other information to demonstrate ability to handle the requirements of the Contract. 3. Name, title, address and phone number of person(s) to contact regarding the proposal. Also, provide this information for person(s) to contact during contract period for matters involving the Contract performance and billing. Owner shall be informed anytime contact personnel are changed. 4. Provide a description of the Contractor - including history, ownership (including principals and officers), financial statement, and minimum 3 years experience; and firm listing available and operable equipment to be utilized for this contract, redundant back-up equipment available in the event of needed repairs, etc., number of personnel employed for this contract (number of contracted third party personnel hired for this contract if applicable). 5. Each bid must be accompanied by a certified check, cashier s check, or bid bond on approved form in the amount of five thousand dollars ($5,000.00) payable to the City of Southaven as guarantee that if the bid is accepted and an award is made, the bidder will enter into a formal Contract with the City within ten (10) days of written notice of the award. The failure or refusal of the successful bidder to enter into a Contract within said time will result in the forfeiture of the bid bond or check to the City liquidated damages. Bid bonds or checks shall be returned to all bidders within three (3) days of the execution of said Contract. 6. Addenda all changes, revisions, acknowledgement of omissions or any other alterations to these documents shall be issued prior to 48 hours before the deadline for submission and shall become a part of these contract documents and be given due consideration as appropriate to the extent that any such addendum affects the quotes ultimately submitted for this contract as described herein. It is the responsibility of the proposers to be aware of information issued in the form of addendum. Receipt of any and all addenda issued shall be acknowledged in proposal submittals. 7. All bids must be signed by a duly authorized agent of the Contractor. If the Contractor is a corporation, proof of authorization of agent to sign the bid must be provided. 8. EQUIPMENT: The contractor will furnish all equipment. 9. LABOR: the contractor will furnish all labor crews. The contractor shall be responsible for all wages, taxes, workman s compensation, insurance, etc, as required for compliance with all current federal, state and local laws and regulations.

4 IV. INSURANCE The successful bidder shall procure and file with the City upon execution of the Contract certificates of insurance insuring both the Contractor and the City of Southaven. Throughout the Contract period, the Contractor shall maintain insurance coverage as follows: Employer s Liability, Workmen s Compensation, Public Liability and Property Damage, including contractual liability coverage. All coverages, insurers and amounts shall be as approved by the City. Proper and thorough Certificates of Insurance shall be issued with the City listed as Additional Insured prior to this contract being signed. Note specific coverage information below (all other to be for legal minimums or any other governing law that applies): 1. General Liability covering bodily injury, wrongful death, and property damage as follows: Comprehensive form $2,000, single limit on account of each accident. All insurance policies must be obtained through insurance companies licensed to do business within the State of Mississippi, must be maintained for the life of the Contract, must cover all operations under the contract weather performed by the Contractor or any of his subcontractors and mush provide thirty (30) days written notice to the City: (1) prior to cancellation; (2) prior to a material or substantial change in coverage; and (3) prior to any failure and/or refusal of said insurance company to renew. The Contractor shall provide a waiver of subrogation in favor of the City on General Liability and Worker s Compensation Insurance. To the extent permitted by law, all or any part of any required insurance coverages may be provided under a plan or plans of self-insurance. The coverages may be provided by the Contractor s parent corporation. V. PERFORMANCE BOND The successful bidder will be required to furnish a performance bond from a surety company licensed to do business in the State of Mississippi or a letter of credit. The bond or letter shall be issued in the amount of $100, in a form acceptable to the City. Said bond shall indemnify the City against any loss or damage resulting from any failure of the Contractor to perform as required by the terms of the contract. VI. STORMS / DISASTERS In the event of a storm, flood, tornado or other natural disaster or act of God, the City shall grant the Contractor reasonable variance from regular schedules and routes. If such events require the Contractor to perform duties beyond the scope of this contract, the Contractor and the City shall negotiate the amounts to be paid to the Contractor.

5 VII. INDEMNITY The Contractor shall indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney s fees to the extent resulting from a willful or negligent act or omission of the Contractor, its officers, agents, servants, and employees in the performance of this Contract; provided however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney s fees arising out of the awarding of this Contract for a willful or negligent act or omission of the City, its officers, agents, servants and employees. The Contract and all disputes and/or legal issues between the Contractor and the City shall be governed by the laws of the State of Mississippi. The appropriate jurisdiction for any disputes, which arise from this Request for Proposal or any contract which may be subsequently executed between the City and the selected firm shall be either the applicable court in Desoto County or the United States District Court for the Northern District of Mississippi. VIII. CONTRACT TERM The Contract shall commence on July 1, 2016 and terminate on April 30, 2018 with the City having to option to renew for an additional three (3) years. The contract shall include a sixty (60) day termination clause which will allow the City to terminate for convenience and without cause. This Contract shall not be assigned. This is the sole and exclusive contract for Rubbish Collection services other than collection directly by the City itself with its own equipment. IX. MODICICATION TO RATES The fees which may be charged by the Contractor for the second and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Price Index for Urban Wage Earners and Clerical Workers, Expenditures Category Gasoline, both as published by the U. S. Department of Labor, Bureau of Labor Statistics. All to be for Southeastern Region. As of the last month of the first year of the Contract and every twelve months thereafter (the Rate Modification Date ) the fees shall be increased or decreased for the ensuing twelve month period in a percentage amount equal to 100 percent of the net percentage change of the All Items Index Plus 10 percent of the net percentage change of the Gasoline Index. All percentage changes are to be computed as the difference between the index values for the first full month prior to the commencement of the Contract. HOURS OF OPERATION & HOLIDAYS: This Contract shall operate during hours as approved by the City and consistent with its ordinances and all holidays observed shall be submitted to the City for approval and inclusion on an annual calendar renewed each January.

6 X. BASIS OF AWARD Award of a Contract will be based on an evaluation of collection procedures, cost, and company history, to ensure the most efficient rubbish collection for our citizens. In addition to the above, the lowest and best responsible proposal will be determined by the following factors: A) The ability, capacity, and skill to perform the contract in a timely manner B) The experience of the bidder and quality work C) Financial resources The City reserves the right to reject any and all proposals and waive any informality. Any variations to the requirements prescribed herein will be considered. However, the City is under no obligation to award a Contract based on variations and will do so only if in the best interest of the City.. The City reserves the right to request clarification of information submitted and to request additional information of one (1) or more RFPs. The City reserves the right to negotiate the Agreement/Contract for the project with the next most qualified finalist if the successful finalist does not agree to the terms of an Agreement/Contract after submission of an Agreement to such proposer. The City reserves the right to negotiate all elements of work that comprise the selected RFP. The City reserves the right, after opening the RFPs, or at any other point during the selection process, to reject any or all RFPs, modify or postpone the proposed project, evaluate any alternatives offered, or accept the RFP that, in the City's sole judgment, is in its best interest. The City reserves the right to terminate the Agreement/Contract if the Consultant Service Provider fails to begin to perform the work described herein within ten (10) days after the City giving the Consultant/Service Provider a written notice to proceed. Should it become necessary, the City shall negotiate with the Service Provider whose proposal is determined to be most advantageous to the City. If negotiations with the highest ranking Service Provider fail, negotiations shall be initiated with the next highest ranking Service Provider, and so on, until an agreement is reached. XI. SUBCONTRACTS No part of the Contract shall be sublet without the prior written approval of the City. XII. SUBMITTAL REQUIREMENTS Proposals must contain all information listed above. Proposals may contain any additional information that will demonstrate the ability to perform the proposed contract. Three (3) copies of the proposal must be submitted to the City Clerk by Friday, May 13, 2016 at 10:00 a.m. XIII. WITHDRAWAL OF PROPOSAL Any proposer may withdraw his proposal, either personally, or by written request, at any time prior to the scheduled closing time for receipt of proposals. Proposal shall remain valid for a period of 90 days after submittal

7 Proposals must be sealed and clearly marked on the outside REQUEST FOR PROPOSAL- RUBBISH COLLECTION further information regarding this Bid, contact Bradley K. Wallace, AIA - Director of Public Works at RUBBISH PROPOSAL TABULATION SHEET YEAR ANNUAL COST (BASE 17,012 CUSTOMERS) YEAR 1 $ $ YEAR 2 (through April 30, 2018) LEAVE BLANK $ COST/PER HOME/ PER YEAR LEAVE BLANK YEAR 3 (if approved after April 30, 2018) LEAVE BLANK $ As of April, 2016, the City has 17,012 individual residences: Bidder will bid Year 1 based on the 17,012 customers. Year 2 3 bidder will bid per household only, per year. The City will give the bidder the household totals July 1 st each year. Signed by the Bidder Date Address City/State/Zip Phone

8 CERTIFICATE OF RESPONSIBILITY IF BIDDER IS: An Individual By (Individual s Name) Doing business as Business Address Phone No. Date: A Partnership By (SEAL) (Firm Name) ( (General Partner) Business Address Phone No. Date: A Corporation By (Corporation Name) (State of Incorporation) By (Name of Authorized person to sign) Date: (Title) (Corporate Seal) Attest (Asst.) Business Address Phone No. Date: A Joint Venture By (Name) (Address) By (Name) (Address) Phone: Date: (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above)