REQUEST FOR PROPOSAL FOR LUZERNE COUNTY SOLID WASTE MANAGEMENT DEPARTMENT FLUORESCENT LIGHT COLLECTION, RECYCLING AND DISPOSAL CONTRACT

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1 REQUEST FOR PROPOSAL FOR LUZERNE COUNTY SOLID WASTE MANAGEMENT DEPARTMENT FLUORESCENT LIGHT COLLECTION, RECYCLING AND DISPOSAL CONTRACT REF #242013RFPSW DUE DATE: 4:00 PM, February 19, 2013 Luzerne County Purchasing Department c/o Pam Guarneri Penn Place Office Building Suite North Pennsylvania Avenue Wilkes-Barre, PA 18711

2 ATTENTION: RFP S WILL BE RECEIVED WEEKDAYS BETWEEN THE HOURS OF 9:00 AM TO 4:00 PM ONLY (EXCLUDING HOLIDAYS). All RFP S must be delivered by the time stated in the bid packet. All RFP S must be delivered to the: PURCHASING DEPARTMENT 20 NORTH PENNSYLVANIA AVENUE SUITE 203 WILKES BARRE, PA Failure to follow these instructions will result in bid rejection. THE ATTACHED LABELS MUST BE AFFIXED TO THE OUTSIDE OF THE MAILING ENVELOPE OR THE RFP S WILL NOT BE ACCEPTED. RESPONDENTS WHO USE USPS SERVICES, PLEASE NOTE: The Post Office does not deliver mail directly to Penn Place. You should allow additional time for your RFP to be forwarded from the Court House to Penn Place. It is the responders responsibility to get their RFP S to the PURCHASING DEPARTMENT by the time specified. LUZERNE COUNTY WILL NOT BE RESPONSIBLE FOR LATE OR MISDIRECTED MAIL.

3 LUZERNE COUNTY PURCHASING DEPARTMENT PENN PLACE BLDG. SUITE N. PENN AVE. WILKES-BARRE, PA ALL RFP RETURNS MUST HAVE THIS LABEL ATTACHED WITH THE NAME AND REFERENCE NUMBER OF THE RFP TO THE OUTSIDE OF THE RETURN ENVELOPE (UPS, FEDEX. ETC.) OR IT WILL BE REJECTED. RFP NAME COMPANY NAME REFERENCE #

4 TABLE OF CONTENTS REQUEST FOR PROPOSAL (RFP) TECHNICAL SPECIFICATIONS AND GENERAL CONDITIONS I. INTRODUCTION II. III. IV. SCOPE OF WORK REQUIREMENTS FOR CONTRACT REQUIREMENTS FOR PROPOSAL SUBMISSION V. INSTRUCTIONS TO RESPONDENTS ATTACHMENTS A B C D COLLECTABLE FLUORESCENT LIGHTS MONETARY PROPOSAL FORM NON-COLLUSION AFFIDAVIT ADHERENCE STATEMENT E CONTRACT

5 Notice to Responders SEALED RFP PROPOSALS must be submitted to The Luzerne County Purchasing Department, c/o Pam Guarneri, 20 North Pennsylvania Avenue, Wilkes Barre, Pa by 4:00 P.M. February 19, 2013 Fluorescent Lights Collection, Recycling and Disposal Contract. RFP S will be opened in the Luzerne County Purchasing Department. RFP packages may be obtained at the offices of Luzerne Purchasing Department in the Penn Place Building, 20 North Pennsylvania Avenue, Wilkes Barre, Pa 18711, and on the website at RFP S WILL BE RECEIVED WEEKDAYS BETWEEN THE HOURS OF 9:00 AM TO 4:00 PM ONLY (EXCLUDING HOLIDAYS). Failure to follow these instructions may result in RFP rejection. THE ATTACHED LABELS MUST BE AFFIXED TO THE OUTSIDE OF THE MAILING ENVELOPE OR THE RFP WILL NOT BE ACCEPTED. RESPONDENTS WHO USE USPS SERVICE PLEASE NOTE: The Post Office does not deliver mail directly to Penn Place. You should allow additional time for your RFP to be forwarded from the Court House to Penn Place. It is the Responders responsibility to get their RFP packets to the Purchasing Office by the time specified. LUZERNE COUNTY WILL NOT BE RESPONSIBLE FOR LATE OR MISDIRECTED MAIL. The responder must honor the prices for a period of one (1) year from the date of the execution of the contract and/or as negotiated and provide for in the contract agreement. By signing and submitting a RFP, each bidder shall be deemed to have consented in writing that the RFP may be awarded and shall remain open up to sixty (60) days of the RFP opening. The County of Luzerne does not discriminate on the basis of race, color, national origin, sex, religion, age, family, and handicapped status in employment or the provision of services. The County of Luzerne is an Equal Opportunity Employer. Luzerne County Manager Reserves the right to reject any or all RFP S, or any part or items of the RFP S. Luzerne County Advertisement Published by the order of Robert Lawton County Manager

6 REQUEST FOR PROPOSALS FOR LUZERNE COUNTY FLUORESCENT LIGHTS COLLECTION, RECYCLING AND DISPOSAL CONTRACT INFORMATION AND DATA REQUIRED OF EACH RESPONDENT All respondents are required to submit an original and three copies of their proposal in a plain envelope with the project title clearly marked on the outside to the envelope. Each proposal shall contain responses to at least the following: I. Qualifications, Experience and Time Commitments of proposed technical staff. 1. Qualification of Contractors - Description of the firm, its general nature and background. Qualify general experience of the company and key staff and management. The County intends to make the selection and award a contract to a Respondent whose proposal will be most advantageous to the County, with relevant experience, ability to meet the time requirements, price and all other pertinent factors being considered. The County reserves the right to reject any and all proposals if it feels it is in the best interest of the County. The County of Luzerne does not discriminate on the basis of race, color, national origin, sex, religion, age, family, and handicapped status in employment or the provision of services. THE COUNTY OF LUZERNE IS AN EQUAL OPPORTUNITY EMPLOYER.

7 TECHNICAL SPECIFICATIONS AND GENERAL CONDITIONS I. INTRODUCTION A. Purpose of the Document The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for the collection, transportation, recycling of fluorescent lights as more specifically set forth herein. B. Contracting Agency This Request for Proposal is issued by the Luzerne County Solid Waste Management Department as the authorized agency for fluorescent lights collections in the county court house offices of Luzerne County, Pennsylvania. C. Definitions Department - Luzerne County Solid Waste Management Department (LCSWMD). Fluorescent lights-. Contractor - The prime Contractor responsible for Contract performance whether or not subcontractors are used. County - The County of Luzerne in the Commonwealth of Pennsylvania. EPA - United States of America, Environmental Protection Agency. MSW - Municipal Solid Waste, as defined by Act 101, The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (1988). PADEP - Pennsylvania Department of Environmental Protection. Processing - Any technology used for the purpose of reducing the volume or bulk of municipal and/or Universal waste or any technology used to convert part or all of such waste materials for off-site recycling/reuse. Program Manager - The person designated by the Department to be the primary contact with the Contractor for administrative functions. Recycling - The collection, recovery, of materials which would otherwise be disposed of or processed as municipal/universal waste or the mechanized separation and treatment of municipal/universal waste. Regulations - Laws, rules and statutes applicable to activities described herein, which are in effect locally, statewide and nationally in any and all areas where the Contractor operates. Site - A collection location selected and secured by the LCSWD for the fluorescent light collection. Vendor - Entities under Contract with the Contractor to receive Fluorescent Lights.

8 D. Description of the Collection Area Luzerne County is located in northeastern Pennsylvania. Collected fluorescent lights will be brought to a designated county building for storage until shipping. E. Purpose of the Fluorescent Light Program The purpose is to furnish four (4) foot lamp box capable of holding 60-T12 bulbs. Prices are to include drop-off and pick-up from designated location in county. The purpose of the fluorescent light program is two-fold: 1. To educate all county employed maintenance personnel on fluorescent light bulb collection, transportation, and storage until such time when enough fluorescent bulbs are collected that container for storage can be mailed back. 2. To provide for the safe collection, transportation, dismantling and recycling of as many fluorescent bulbs as may be collected from the county court house offices. Expected collection time is a twelve month period, beginning of collection month to be determined. ll. SCOPE OF WORK The county is looking for a Contractor to furnish four (4) foot lamp recycling boxes capable of holding at least 60-T12 fluorescent lamps. Recordkeeping, Administration and Reporting The Contractor shall be responsible submitting all invoices and weight slips to the Solid Waste Management Department in a timely manner. This information is to be used for the Act 101 Annual Recycling report, per the Department of Environmental Protection. III. Requirements for Contract A. Licenses and Permits Proposes must provide documentation that the bidder possesses all federal, state, county and local licenses and/or permits needed to provide the services requested in this RFP. The Contractor shall supply copies of any and all relevant permits, licenses and other regulatory items required under Federal, State or local statutes, regulations or standards for the collection, transportation, dismantling and recycling and/or disposal of fluorescent light bulbs. B. Compliance with Applicable Laws and Regulations

9 All services provided under this contract must be carried out in compliance with all applicable federal, state and local laws and regulations. Regulations to be complied with include but are not limited to environmental protection, occupational health and safety and transportation. Luzerne County Solid Waste Management Department specifically wishes to maintain compliance with the recent standards. C. Hold Harmless The Contractor shall indemnify, defend, and hold harmless the Luzerne County Solid Waste Management Department and its officers, directors, employees, customers, contractors and agents, the Commonwealth of Pennsylvania, against any and all losses, claims, actions, damages, liability, and expenses, including but not limited to those in connection with loss of life, bodily and personal injury, or damage caused by any act or omission of the Contractor, its employees, agents or contractors. D. Insurance The Contractor shall obtain and maintain in full force and effect for as long as necessary to fund the Contractor's indemnification and defense obligations, the following types and amounts of insurance: 1. A Commercial General Liability Insurance policy to Luzerne County. 2. An automobile/truck liability insurance policy covering owned, non- owned and hired vehicles. 3. A Workers' Compensation and Employer's Liability insurance policy with Pennsylvania statutory limits for workers compensation. 4. Pollution Liability Insurance. The Contractor shall provide proof of insurability with submission of the proposal. Contractor shall name the Luzerne County as an additional insured on Contractor's General Liability Insurance policy. Such proof shall include a description of the liability limits of each required policy. E. Contract Termination and Prohibition The maintenance contract will commence on March 1, 2013, and the term shall be for a one-year period beginning on the commencement date with a termination date of March 1, Owner may elect to immediately cancel the Agreement upon giving written notice to the Contractor in the event of the following: 1.1 Contractor becomes insolvent or declares bankruptcy. 1.2 Contractor is grossly negligent or fails to abide by the terms and conditions of the contract. 1.3 Contractor fails to correct outstanding deficiency items within 30 days (or an alternatively agreed-upon time period confirmed in writing) after written notice specifying in detail such deficiency. 1.4 Contractor persistently disregards federal, state and local laws, regulations, by-law, and ordinances or fails to follow any material established practices, instructions or rules, as set out by Owner.

10 2. The Contactor may elect to terminate the Contract, at any time; in the event submitted invoices remain unpaid after ninety (90) days, unless such invoices are in dispute for Contractor s nonperformance. 3. The Contractor may elect to terminate the Contract, at any time, in the event that Owner has failed to correct or rectify unsafe working or hazardous conditions that are not covered under the Scope of Work, within ninety (90) days after receipt or written notification that such conditions exist. 4. Contractor may elect to terminate the Contract in the event Owner becomes insolvent or declares bankruptcy. 5. Owner or Contractor may terminate the Contract as no-fault in January, beginning of the new season. 6. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of their executed contract or their right, title or interest therein, or their power to execute such contract, to any other person, firm, company or corporation without the previous written consent of Owner, which consent shall not be unreasonably withheld. lv. REQUIREMENTS FOR PROPOSAL SUBMISSION A proposal shall be submitted in four (3) parts: A. Description of the Collection Event The Contractor shall provide in the proposal a complete description of how the work is to be performed. 1. List any subcontractors or consultants to be used and describe the specific activities for which they are to be used. B. Qualifications of the Contractor In particular, the following information shall be provided: 1. Name and address of the firm (and its parent firm if the firm is owned by or a subcomponent of a larger firm), and name, address and telephone number of the particular office to be responsible for the fluorescent light recycling program (if different from those of the firm's headquarters). 2. Name, title, address and telephone number of the responsible person or point of contact for the proposal, and the same information for the person to be responsible for the on-site activities of the firm (if different from those of the responsible person). 3. Responders must provide documentation of their regulatory history, identifying any incidences of noncompliance with federal, state or local laws and regulations. Proposers shall document any past notices of violation they have received from the EPA or any state or local regulatory body within the last three (3) years and provide a brief description of when, where and what the violation was. 4. If any subcontractors and/or consultants are to be used, similar information Items 1 through 3 shall be provided.

11 C. Compensation The Contractor shall provide a fixed price per container for one (1) year from March 1, 2013 to March 1, 2014, for all fluorescent lights collected, which shall include all cost of the transportation, dismantling, recycling and/or disposal. All blank spaces in the Monetary Proposal form (See Attachment F) must be completed, containing the name of the bidder, bidder entity, contact person, authorized signature and date. Failure to complete the entire form shall result in automatic rejection of the proposal. V. INSTRUCTIONS TO RESPONDENTS A. General All blank spaces in this proposal package must be filled in completely wherever indicated, either typed or written in ink. The package must be submitted with all pages stapled in their numerical sequence. Responders shall not insert in their proposals or in the Technical Specifications or General Conditions any written statement which will have the effect of making any material change or changes in the same or in any contract between the parties covering subject matter thereof. All Responders must comply with the Technical Specifications, General Conditions, Monetary Proposal Form, and Non-Collusion Affidavit. Responders must sign and submit the attached Non- Collusion Affidavit and Adherence Statement (Attachments G). Failure to comply with any part of this Request for Proposal may result in disqualification of the proposal and/or cancellation of the Request for Proposal at the discretion of the Department. All proposals should be printed on recycled content copy paper. B. Clarification of the Specifications If additional information is necessary to assist the vendor in interpreting these specifications, the Recycling Coordinator will accept written questions: Elizabeth M. DeNardi-Luzerne County Recycling Coordinator PHONE: FAX: beth@luzernecounty.org If a Contractor discovers any significant ambiguity, error, conflict, omission or other deficiency in this Request for Proposal, the Contractor must immediately notify the above-named individual of such an error and request modification or clarification. If prior to the date fixed for submissions of proposals, a Contractor fails to notify the Department of a known error in the Request for Proposal or an error that should have been reasonably known to the Contractor, the successful Contractor shall not be entitled to any additional compensation or time by reason of the error or its later correction.

12 C. Revisions to the Request for Proposal No changes or exceptions will be made to this Request for Proposal without the Department issuing an immediate written notice (by FAX and certified mail) to all recipients of this Request for Proposal. Recipients should advise the Department of their FAX number and address and the name of their representative responsible for the response upon requesting this Request for Proposal in order to facilitate any necessary communication. D. Response Submission In order to be considered in the proposal evaluation process, all proposals must be packaged, sealed and show the following information on the outside of the package: Contractor's name and address CONTRACT Bid: FLUORESCENT LIGHT RECYCLING AND DISPOSAL Contractors must submit all materials required for acceptance of their proposal no later than 4:00 P.M., prevailing time February 19, 2013 to: Purchasing Department C/O Pam Guarneri Suite North Pennsylvania Avenue Wilkes-Barre, PA Note: Contractors using the US Postal Service and Luzerne County Central Mailing facility are responsible to assure their packages are received by the Purchasing Department by the specified date and time. No proposals will be received after the advertised date. E. Contract Award A contract may be awarded to the lowest responsible proposer who meets all of the requirements of the specifications and qualifications contained in this Request for Proposal and who complies with all standards, rules and regulations of the PADEP and the EPA. A copy of the Contract, which the successful bidder will be required to execute, is appended and marked as Attachment I. The successful proposer will be required to sign, execute and return these documents within 10 calendar days of notice to the successful proposer. F. Luzerne County Solid Waste Management Department Right of Rejection The County reserves the right to accept or reject any and all proposals, to waive any informalities or technical defects and to accept or reject any part of any proposal, if in the judgment of the County the best interest of the County will be served. The proposer s performance on behalf of other entities (public or private) may be considered.

13 G. Payment for Contractor Services The Luzerne County Solid Waste Management Department is exempt from all excise taxes as well as Pennsylvania Sales Tax. No tax shall be included in the proposal price. Invoices are to be received by the Program Manager after delivery of material, including submission of all forms and reports to the Program Manager. If the Contractor has satisfactorily complied with all requirements, the invoice shall be paid within sixty (60) days of the invoice submission. ATTACHMENT D MONETARY PROPOSAL BLANKS TO LUZERNE COUNTY : of I, the undersigned being a duly authorized Representative submit for your consideration a PROPOSAL to Fluorescent Light Collection, Recycling and Disposal The price for which we will supply services specified in the proposal pages as shown immediately after description of the particular article. I agree, if awarded the contract for any of the ITEMS shown on the attached specifications, to enter into a written Agreement, and to furnish a Performance Bond (if applicable) within thirty (30) days to furnish the said services at the prices shown. Complete delivery of all items will be made not later than, 20 SIGNED ADDRESS DATED BIDDER BID MUST BE SIGNED HERE ADDRESS TELEPHONE NUMBER

14 INDIVIDUAL PARTNERSHIP OR CORPORATION The Bidder Certifies that he comes under the class checked below: PLEASE INSERT NAMES (a) Individual Owner is (b) Partnership Partners are (c) Corporation is EXACT NAME OF CORPORATION STATE INCORPORATED NOTE: All County Proposals under the Jurisdiction of the Luzerne County are furnished in duplicate. One copy of the Proposal is to be filled out and submitted with the bid and the remaining copy or copies to be retained for the Bidder's records. Bids should be net, as NET PRICES, only shall prevail in the awarding of contracts. Failure of the Bidder to sign the Bid or have the signature of an authorized representative or agent on the Proposal "IN THE SPACE PROVIDED" will be cause for rejection of the Bid. Signatures must be written in ink, typing and printing is not acceptable. It is understood by both the County and Bidders that all trade names, catalogue numbers or bids, "AS PER SAMPLE" offered on this bid shall meet the specifications unless the Bidder states that such trade names, catalogue numbers or samples are not equal to the specified item. LUZERNE COUNTY SOLID WASTE MANAGEMENT DEPARTMENT FLUORESCENT LIGHT RECYCLING AND DISPOSAL CONTRACT COLLECTION PRICE PROPOSAL All prices are set in units for the full amount of FLUORESCENT LIGHTS accepted in the year services are rendered. Price per container for all approved Fluorescent lights Collected for year 2013/2014 NUMBERS IN WORDS IN All quantities listed in the contract documents are for estimating purposes only. Contractor shall be compensated on certified weigh slips and must provide all recycling manifests and certifications.

15 ATTACHMENT E NON-COLLUSION AFFIDAVIT State of I state that I am County of of (Title) (Entity) and that I am authorized to make this affidavit on behalf of said entity. 1. The price(s) and amount(s) of this proposal have been arrived at independently and without consultation, communication or agreement with any other Contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount(s) of this proposal, and neither the approximate price(s) nor approximate amount(s) of this proposal, have been disclosed to any other firm or person who is a proposer or potential proposer, and they will not be disclosed before proposal opening. 3. No attempt has been made or will be made to induce any firm or person to refrain from proposing on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. 4. The proposal of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. 5., its affiliates, subsidiaries, officers, directors, (Entity) and employees are not currently under the investigation by any governmental agency and have not in the last five years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding of any public contract, except as follows: I state that understands and (Entity) acknowledges that the above representations are material and important, and will be relied on by the Luzerne County Solid Waste Department in awarding the contract for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Luzerne County Solid Waste Department of the true facts relating to the submission of proposals for this contract. Sworn to me and subscribed Before me this day Of, 2013 (Authorized Signature and Title)

16 ATTACHMENT F ADHERENCE STATEMENT The undersigned being duly authorized by does (Name of Entity) hereby understand, agree and accept all provisions set forth in the aforesaid Technical Specifications and General Conditions and agrees to be contractually bound thereby: (Entity) (Authorized Signature and Title) (Address of Entity) (Print Name and Title of Signer) (City, State and Zip Code)

17 ATTACHMENT G LUZERNE COUNTY CONTRACT FOR RECYCLING AND DISPOSAL OF FLUORESCENT LIGHTS THIS CONTRACT dated this 19 day of February, 2013, between the LUZERNE COUNTY (hereafter "County"), AND WITNESSETH: (hereafter "Contractor") WHEREAS, the Department proposes to Contract for a recycling program for fluorescent lights as specified in the Technical Specifications. WHEREAS, the Contract documents for the Project consist of: 1. This Contract, 2. Technical Specifications and General Conditions, and WHEREAS, the parties desire to set forth in writing the terms and conditions of this Contract concerning the Project. NOW THEREFORE, the parties intending to be legally bound hereby agree as follows: 1. The aforementioned where as are by reference incorporated herein. 2. Contractor will complete the Project in accordance with the Contract documents. 3. County shall pay Contractor as follows: Net sixty (60) days after invoice from Contractor, in an amount not to exceed. 4. Contractor shall commence and complete Project on dates to be announced by the County. 5. Contractor is performing this Contract as a, consisting of the following Principal office at: Telephone: ( ) IN WITNESS WHEREOF, the parties hereto have herein set their hands and seals on the dates set forth.

18 ATTEST: LUZERNE COUNTY Owner DATE: ATTEST: Contractor By: DATE:

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