Request for Proposals for Residential Solid Waste Collection Services Waste Contract Specifications Due Date & Time: July 17, 2012 at 10:00 a.m. SECTION I — GENERAL INSTRUCTIONS TO RESPONDENTS Request for Proposals The purpose of this Request for Proposal (RFP) is the Angelina and Nacogdoches Counties Water Control and Improvement District Number One is seeking proposals from qualified firms to provide residential solid waste service for the residents of the Lake Striker Shoreline Subdivision. 1. PROPOSAL SUBMITTALS: One (1) original shall be submitted in a sealed envelope. Proposals are due at 10:00 AM on July 17, 2012 in a sealed envelope and addressed to: David Mason Lake Manager 18950 CR 4526 S Reklaw, Texas 75784 REQUEST FOR PROPOSALS FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICES A. Proposals not in a sealed envelope and received after the due time will not be considered. B. Proposals may not be withdrawn after the opening. The forms of proposals are outlined in “Section II — Proposal Requirements” Request for Proposals for Residential Solid Waste Collection Services for the Angelina and Nacogdoches Counties Water Control and Improvement District Number One. Due Date & Time: July 17, 2012 at 10:00 a.m. 1. PROPOSAL REJECTION The District reserves the right to reject any or all proposals. It further reserves the right to waive technicalities and formalities, as well as to accept in whole or in part such proposal(s) where it deems it advisable in protection of the best interests of the District. 1 2. SINGLE PROPOSAL In the event a single proposal is received, the District will, at its option, conduct a price and/or cost analysis of the proposal and negotiate the award, or reject the proposal and re-advertise. A price analysis would be performed by comparing price quotations submitted on other current quotations, current price lists, or other established or competitive prices, assuming a service, where a difference exists, a detailed analysis must be made of this difference and cost identified. SECTION II— Proposal Requirements IT IS UNDERSTOOD THAT the District reserves the right to accept or reject any and/or all ‘PROPOSALS” as it shall deem to be in the best interest of the District. Receipt of any proposal shall, under no circumstances, obligate the District to accept the lowest cost response. The award of the contract shall be made to the responsible Proposer whose proposal is determined to be the highest ranked, based on the evaluation process. PROPOSALS SHALL include this RFP and all additional documents submitted. Each proposal shall be placed in a separate sealed envelope, manually signed in ink by a person having the authority to bind the firm in a contract and marked clearly on the outside. Facsimile transmittals will NOT be accepted. LATE PROPOSALS: Proposals received in the Lake Manager’s Office after submission deadline will be returned unopened and will be considered void and unacceptable. The District is not responsible for lateness of mail, carrier, etc., and the time received in the Lake Manager’s shall be the official time of receipt. ALTERING PROPOSALS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the proposal, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: A proposal may not be withdrawn or cancelled by the Proposer for a period of sixty (60) days following the date designated for the receipt of proposals, and Proposer so agrees upon submittal of the proposal. PROPOSALS WILL BE received and publicly acknowledged at the location, date and time stated on Page 1. Proposers, their representatives, and interested persons may be present. Proposals will be received and acknowledged, only, so as to avoid disclosure of the contents to competing offerers and kept secret during the evaluation process. Once the proposals have been opened, District staff and its Board of Directors will evaluate the proposals and the firm with the best evaluation will be contacted for possible award of the contract. 2 All proposals will be open for public inspection after the contract is awarded except for trade secrets and confidential information contained in the proposal so identified by Proposer as such. Proposal packet addenda & modifications: Any proposer in doubt as to the true meaning of any part of the specifications or other contact documents may request an interpretation thereof from the Lake Manager. At the request of the proposer, or in the event the Lake Manager deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the lake manager. Such addendum will be sent to all proposers receiving the original proposal and will become part of the proposal package having the same binding effect as provisions of the original proposal. No verbal explanations or interpretations will be binding. The District does not assume responsibility for the receipt of any addendum sent to proposers. Proposers are cautioned to verify that they are in receipt of all addenda. A copy of all addenda issued must be signed and returned with your proposal, in order for it to be considered as responsive. Proposal Preparation Costs: Issuance of this Request for Proposal does not commit the District, in any way, to pay any costs incurred in the preparation and submission of a proposal. The issuance of this Request for Proposal (RFP) does not obligate the District to enter into a contract for any services or equipment. Trade Secrets, Confidential Information and the Texas Public Information Act. : If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. Proposals are to be signed by an officer of the company authorized to bind the submitter to its provisions. Proposals are to contain a statement indicating the period during which the proposal will remain valid. A period of not less than sixty (60) days required. The proposal submitted by the proposer shall become an integral part of the contract between the District and the Proposer and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. Failure to manually sign proposal will disqualify it. Award of Franchise: The District reserves the right to reject any or all proposals, reject any particular item on a proposal, and to waive immaterial formalities. To demonstrate proposer’s qualifications to perform the work, each proposer must submit with their proposal, three (3) customer references, including name of customer, telephone number, and individual to contact. 3 All actions taken pursuant to this proposal and/or contact must be in compliance with all Federal and Texas State Laws and regulations. The parties hereby agree that the agreement will be made and entered into the State of Texas and under the laws of the State of Texas. MODIFICATION OR WITHDRAWAL OF PROPOSAL Any modification of a proposal already received will be accepted by the District only if the modification is received prior to the Proposal Due Date, or is specifically requested by the District, or is made with a requested addendum to the RFP. All modifications shall be in writing and executed and submitted in the same form and manner as the original proposal. An Offeror may withdraw a proposal already received prior to the Proposal Due Date by submitting, in the same manner as the original proposal, to the Lake Manager, a written request for withdrawal executed by the Offeror’s authorized representative. The withdrawal of a proposal does not prejudice the right of an Offeror to submit another proposal within the time set for receipt of proposals. This provision for modification and withdrawal of proposals may not be utilized by an Offeror as a means to submit a late proposal and, as such, will not alter the District’s right to reject a proposal. OPENING OF PROPOSALS Proposals will not be publicly opened. All proposals and evaluations will be kept strictly confidential throughout the evaluation, negotiation and selection process. Only the members of the District’s Board of Director’s, Lake Manager, employees and agents having a legitimate interest will be provided access to the proposals and evaluation results during this period. EVALUATION COMMITTEE An Evaluation Committee consisting of District staff and its Board of Director’s will be established. The Committee will make all decisions regarding the evaluations, determination of responsible Offerors and the competitive range, negotiations and determine the selection of the Offeror, if any, that may be awarded the Contract. SECTION III INTRODUCTION The District invites firms and qualified contractors to submit proposals for a residential solid waste collection contract for the residents of the Lake Striker Shoreline Subdivision. This contract period will be a three (3) year contract, beginning on or about September 1, 2012 through September 1, 2015, with an option to extend the contract for two (2) additional years. PART 1.00 BACKGROUND The Lake Striker Shoreline Subdivision has a population of approximately 750. The subdivision has a total of approximately 130 housing units to be serviced in the residential solid waste contract. The selected service provider will be responsible for billing the residents for the solid waste service. The District will 4 provide the selected firm a copy of the names and addresses of the residents of the Lake Striker Shoreline Subdivision. This Request for Proposals is intended to describe the desired scope of services for the Residential Solid Waste and Brush Collection Services Contract Proposers are encouraged to submit proposals that exceed the minimum specifications stated herein. PART 2.00 OBJECTIVES The District, in its desire to contribute to a better quality of life for the subdivision residents by providing a healthy and safe environment in which to live by providing solid waste collection services, seeks a firm or qualified contractor to: Provide both, efficient and economical curbside collection. Maximize sanitary and aesthetic living conditions for citizens by eliminating blowing trash and littering through the use of contractor supplied solid waste collection carts. Maintain positive communications with the District and the customer. Collect and transport solid waste from residential customers within the subdivision and transport to a designated disposal site. PART 3.00 DEADLINE The Lake Manager of the District will receive sealed proposals for collection and transportation of residential solid waste until 10:00 A.M. July 17, 2012 at the office of the Lake Manager, 18950 CR 4256 S. Reklaw, Texas 75784. Proposals will be publicly acknowledged and only the cost component will be publicly revealed. SECTION IV INSTRUCTIONS TO PROPOSERS This section, INSTRUCTIONS TO PROPOSERS, outlines the general conditions under which the proposal shall be prepared as well as instructions on how to submit your offering to the District. It also outlines the procedure that will be followed selecting the successful proposal and in completing a contract for the system. A. APPLICABLE LAW - Proposers must be familiar with all the legal requirements to provide this service. All proposers must be able to legally conduct business in the state of Texas. The successful proposer/contractor must comply with all federal, state, county, and local laws. The contractor agrees, during the performance of work or service, to comply with all applicable laws, codes, and/or ordinances of the State of Texas and the United States Government, as they may apply, as these laws may now read or as they may hereafter be changed or amended. B. PROCESS OVERVIEW - This section briefly outlines the major steps in the procurement of the contract process. 1) Request for Proposals (RFP) advertised in the local newspaper. 5 2) Request for Proposals (RFP) released to potential proposers. 3) Deadline for receiving proposals. Proposal Costs are made publicly known. 4) District reviews all proposals and selects proposals reasonably qualified (responsive) for initial evaluation. 5) District evaluation committee reviews and scores all responsive proposals. 6) A top ranked firm is decided upon by the District’s Board of Director’s and District staff for contract negotiation. 7) Final contract negotiation is conducted. Should negotiations fail, the second highest ranked firm will be recommended to the Board, and the process of negotiation continues until contract terms agreeable to both parties are reached. 8) Final contract is presented to the Board for consideration and action to award. 9) Execution of Contract. 10) Notice to Proceed is issued. C. PROCESS DETAIIL 1. RFP Advertisement & Release – The Request for Proposals shall be published in a local paper one day per week for two consecutive weeks. 2. Request for Proposals – The complete Request for Proposal Document Packet will be distributed to those parties who request it. 3. Opening of Proposals - All proposals must be in the office of the Lake Manager no later than the proposal opening date and time shown on the cover letter Proposals shall be opened by the District so as to avoid disclosure of contents to competing offerors and kept secret and confidential during the process of review and scoring. Proposals will be publicly read only to the extent of the bid amounts, at the designated time and place. Selection will be based on final evaluation, not necessarily low bid. It is the responsibility of the proposers to clearly mark and identify all portions of the proposal which, in the proposer’s opinion, contain trade secrets, confidential information, and other proprietary information. Trade secrets and confidential information contained in the proposals and clearly identified as such must not be open for public inspection at any time, even after the contract has been awarded and executed, and whether or not the proposer wins the contract. Proposals received by the Lake Manager after the time and date set for opening proposals will be held for 30 days unopened and will not be considered. Any proposal may be withdrawn prior to the above scheduled time for proposal receipt. 4. Selection of Reasonably Qualified Proposals - The District will review the proposals submitted by all proposers. On the basis of the relative importance of price and other evaluation factors the District will determine which proposals are reasonably qualified for the award of the contract. 6 The District may, at any time, investigate a proposer’s ability to perform the services. The District may ask for additional information about the company and its service on previous contracts. Proposers may choose not to submit information in reply to the District’s request; however if failure to submit such information does not clarify the District’s questions concerning the ability to perform, the District may discontinue further consideration of a particular proposal. 5. and 6. The District’s Board of Director’s and Lake Manager review the qualified proposer’s and selects a top ranked party to enter into negotiations with. 7. The highest ranked proposal will be will be recommended for subsequent negotiation of a final contract. Should these negotiations fail to result in a mutually agreeable contract, then negotiations will cease, and the second highest rated firm will be invited to negotiate a contract, and so on, until a mutually agreeable contract is reached. 8. The final contract is approved by the Board of Director’s and signed. A notice to proceed is given to the selected firm. D. PROPOSAL CONTENTS DETAIL 1. The envelope must be sealed upon receipt. The envelope shall contain a tax included cost per household for the solid waste service. 2. The proposal shall contain a brief history of the company concerning their experience in waste collection service. 3. The proposal shall contain a reference list of current and past customers. 4. The proposal shall contain a plan showing the type of equipment to be used, type of cart that will be provided (95 gallon minimum), day that you anticipate the waste will be picked up (once weekly) and how the waste will be disposed of. 5. The proposer may include any additional information that they consider pertinent to the District in the selection process. 6. The proposal must be signed by someone who would have authority to sign the contract if that firm is selected. PART 4.00 SCOPES OF SERVICE The services shall consist of the items contained in this Agreement. The Contractor will be responsible, at its own cost and expense, to furnish well trained personnel and appropriate well maintained equipment of the highest quality to efficiently and economically provide the services included in this Agreement; providing all necessary supervision of such services and to complete said work in accordance with or above the level of performance as set forth in this Agreement. 7 PART 5.00 TYPE OF COLLECTION 5.01 Residential Garbage At the premises of Residential Accounts, billed by the contractor, and served by the Contractor, garbage collection shall occur one (1) time per week with a minimum of six (6) full days between each. Carts shall be placed at curbside by 8:00 A.M. on the designated collection day. Carts shall be provided to all Residential Accounts by the Contractor. Any Cart which is lost or stolen shall be replaced by the Contractor at no expense to the District. Further, the Contractor shall provide the District a copy of a schedule indicating the route(s) and times used in the collection of waste from all residential customers. PART 6.00 COLLECTION OPERATIONS 6.01 Hours of Operation: All collections shall be made as described herein. No collections shall be made on Sunday. 1) Residential Collection Hours- Residential collections shall begin no earlier than 8:00 o’clock A.M. and shall not extend beyond 5:00 o’clock P.M. All regular collections shall be completed within this time period each collection day. 6.02 Hours of Disposal: The Contractor shall dispose of waste within the operating hours of the disposal site. 6.03 Routes of Collection: Collection routes shall be as established by the Contractor and approved by the District. 6.04 Holidays: The following shall be holidays for purposes of this contract: New Year’s Day Thanksgiving Day Christmas Day The Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday, but the Contractor must meet their obligation as required by this contract document. The Contractor shall be responsible for providing make-up collections for all routes that occur on the specified holidays. The make-up collections shall be made on the following day of the same week that the holiday occurs, whenever possible. 6.05 Complaints: At a minimum, customer complaint procedure shall provide that the customer complaint shall be addressed within twenty-four (24) hours of receipt of such complaint and shall be promptly resolved. The Contractor shall be responsible for maintaining a log of complaints, and provide the District’s Lake Manager on a monthly basis, with copies of all complaints indicating the date and hour of the complaint, nature of the complaint, and the manner and timing of its resolution. 6.06 Collection Equipment: The Contractor, at its sole cost and expense, agrees to furnish, all trucks, residential carts (95 gallon capacity minimum), equipment, machines, and labor which are reasonably necessary to adequately, efficiently, economically, and properly collect and transport garbage from accounts serviced by the Contractor in accordance with this contract. The equipment shall be 8 maintained in a first class, safe, clean, and efficient working condition throughout the term of the Agreement and any renewal period. Such vehicles and equipment shall be maintained and painted as often as necessary to preserve and present a well kept appearance. The Contractor shall establish a regular preventative maintenance program for all preventative maintenance and other maintenance and repairs to the Equipment. The Contractor shall clean the vehicles and equipment on a regular weekly basis or more frequently as may be necessary to maintain sanitary and safe working conditions. Collection of garbage shall be made using sealed packer trucks, and such equipment shall not be allowed to leak or scatter any waste within the limits of the subdivision, nor while in route to the disposal site, where such accumulation shall be dumped. Due to street size variations in the subdivision, the Contractor will need to provide equipment that will accommodate such streets. The Contractor shall, if necessary, hand-clean all spillage resulting from its collection activities. All motor vehicles used in the performance of the obligations herein created shall be clearly marked with the Contractors name and telephone number. 6.07 Office: The contractor shall provide the District with their office phone number and address and provide name(s) of contact person(s) having supervisory authority over the subdivision route. 6.08 Disposal: The contractor shall deliver solid waste collected in accordance with this contract agreement to a disposal site that meets all local, state and federal regulations regarding waste disposal sites. All laws, rules, and regulations governing disposal practice at the Disposal Site shall be strictly observed by the Contractor. 6.09 Point of Contact: All dealings and contacts between the Contractor and the District will initially be made with the District’s Lake Manager. 6.10 Non-Collection: Should a dispute arise between the District, Contractor, and/or customer as to whether the Contractor actually failed to make a collection (whether the Contractor missed a pickup) the decision of the District’s Lake Manager shall be final and the District and the Contractor agrees to abide by such decision. PART 7.00 COMPLIANCE WITH LAWS The Contractor, its officers, agents, employees, contractors and subcontractors shall abide by and comply with all laws, federal, state, and local. It is agreed and understood that, if the District calls attention of the Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors and subcontractors, then the Contractor shall immediately cease from and correct such violation. PART 8.00 EFFECTIVE DATE The Effective Date of this Agreement shall be on or about September 1, 2012. 9 PART 9.00 DISCRIMINATION PROHIBITED The Contractor, in the execution, performance, or attempted performance of this service, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin. The Contractor must be an equal opportunity employer. PART 10.00 INDEMNIFICATION INSURANCE The Contractor will indemnify and save harmless the District’s officers, officials, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys’ fees arising out of a willful or negligent act or omission of the Contractor. The District will not be responsible for the negligence of the Contractor, or any of its agents, employees, or customers. The Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be borne by the Contractor and a Certificate of Insurance evidencing that such insurance has been procured and is in force will be forwarded to the District before commencement of work hereunder. A. Other Insurance Provisions: The policies are to contain or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverage: a. The District, its officers, officials, employees, and agents are to be covered as additional insurers. b. The Contractor’s insurance shall be primary insurance as respects the District, its officers, officials, employees, and agents. Any insurance or self insurance maintained by the District, its officers, officials, employees, and agents shall be excess of the Contractor’s insurance and shall not contribute with it. c. A waiver of subrogation in favor of the District, its officers, officials, employees, and agents. 2. Workers’ Compensation and Employer’s Liability: The insurer shall agree to waive all rights of subrogation against the District, its officers, officials, employees, and agents for losses arising from work performed by the Contractor. 3. All Coverage: Each insurance policy required herein shall be endorsed to state that coverage shall not be suspended, voided, canceled, or materially changed except after thirty (30) days prior notice by certified mail, return receipt requested, has been given to the District. 10 PART 11.00 BASIS AND METHOD OF PAYMENT 11.01 Billing and Collection: The Contractor shall provide billing and collection services. The charge that the Contractor charges the residents can increase 3% per contract year in years 2 and 3 of the contract. If the contract is extended by the district for the additional 2 year option, a 3% per year increase will be allowed in years 4 and 5 as well. For example, if the cost submitted per household is $10.00 per household the cost per household will increase to $10.30 in year 2, in year 3 $10.60. 11.02 Regular Service for District Owned Facilities and Compensation to the District: The Contractor shall make no charge for the collection, transportation, and disposal of waste accumulated by the District at its Lake Striker Office and from the home of the District’s Lake Manager. The Contractor shall provide one 3 cubic yard minimum container for this service. The District will accept the service as partial compensation for the award of this contract. In consideration of the award of this contract, the District will also be paid two (2) percent of the waste provider’s gross income from the waste service area. The 2% franchise fee will be sent monthly to the district’s Lake Striker office. 11.03 Records: The Contractor shall provide the District with a customer list before the initial waste pickup and provide the District an updated list monthly. This list and updates can be faxed to the Lake Striker Office at 903-854-4341 or by email to davidmason@lakestriker.com. 11