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HomeMy WebLinkAbout201-21 RESOLUTIONof ��rrlrg yRkagsr4 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 201-21 File Number: 2021-0542 BID #21-61 48FORTY SOLUTIONS, LLC: A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #21-61 and authorizes Mayor Jordan to sign a contract with 48Forty Solutions for pallet removal and recycling in the amount of $2.50 per pallet for a period of one (1) year with the option to renew for up to four (4) additional one (1) year terms. PASSED and APPROVED on 8/03/2021 Approvedv, Attest: l Lioneld Jordan, Mayor Lisa Branson, Deputy City Clerk Page 1 Printed on 813121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0542 Agenda Date: 8/3/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 BID #21-6148FORTY SOLUTIONS, LLC: A RESOLUTION TO AWARD BID #21-61 AND AUTHORIZE A CONTRACT WITH 48FORTY SOLUTIONS, LLC FOR PALLET REMOVAL AND RECYCLING FOR THE PRICE OF $2.50 PER PALLET FOR A TERM OF ONE YEAR WITH THE OPTION TO RENEW FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #21-61 and authorizes Mayor Jordan to sign a contract with 48Forty Solutions for pallet removal and recycling in the amount of $2.50 per pallet for a period of one (1) year with the option to renew for up to four (4) additional one (1) year terms. City of Fayetteville, Arkansas Page 1 Printed on 81412021 Brian Pugh Submitted By City of Fayetteville Staff Review Form 2021-0542 Legistar File ID August 3rd, 2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/14/2021 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Award of Bid 21-61, Pallet Removal and Recycling to 48 Forty Solutions for the price of $2.50 per pallet for a period of one (1) year with four (4) automatic one (1) year renewal options. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 3RD, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Jeff Coles, Recycling and Trash Collections Director FROM: Brian Pugh, Waste Reduction Coordinator DATE: July 1411, 2021 SUBJECT: Award of Bid 21-61, Pallet Removal and Recycling to 48 Forty Solutions for the price of $2.50 per pallet for a period of one (1) year with four (4) automatic one (1) year renewal options RECOMMENDATION: Approve a resolution to award bid #21-61 to 48 Forty Solutions for the removal and recycling of pallets from the City of Fayetteville Recycling and Trash Collection Division. BACKGROUND: Bid 21-61 was released on June 13th and closed on June 30', 2021. The bid requests services for the removal and recycling of pallets that are recovered from operations related to the Recycling and Trash Collection Division. The bid was requested in order to receive the best pricing possible for the recycling service. DISCUSSION: The transfer station receives numerous pallets each year through normal operations and staff would like to remove the pallets and sell the usable ones in order to lessen materials going to the landfill. This would improve the diversion of material that can be counted towards the waste diversion goal of 40% diversion from landfill by 2027. There was one bid that was received, and 48 Forty Solutions was the bidder. This contract includes a renewal option for a 5 year period of time. The price per usable pallet paid is $2.50. BUDGET/STAFF IMPACT: None Attachments: #21-61 Bid from 48 Forty Solutions, Bid 21-61 and #21-61 Bid tabulation Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ►7 CITY OF F YETTEVILLE ARKAN A BID TABULATION Bid 21-61, Pallet Removal and Recycling Rebid Items #0-1 IPrice Per Pallet to be paid to the City for removal of pallets including all fees, materials, transportation costs, insurance, etc. 48Forty Solutions Total Cost $ 2,500.00 ESTIMATED *PRICE *TOTAL ANNUAL ANNUAL per EXPENSE BASED ON ESTIMATED PALLETS 11 Pallet PALLETS 1000 11 $ 2.50 $ 2,500.00 CI Ty OF FAYETTEVILLE ARKAKSAS Bid 21-61, Pallet Removal and Recycling Rebid Project Overview Project Details Project Name Bid 21-61, Pallet Removal and Recycling Rebid Project Owner Amanda Beilfuss Project Type IFB Department Purchasing The City is seeking revenue generating bids from qualified bidders for the removal and recycling of pallets on a per pallet price to be paid to the City. The estimated quantity for this bid is approximately 1000 pallets per Project Description year and has renewable one-year terms for a total possible contract duration of five years. Any questions concerning the bidding process should be addressed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479)575-8258. Open Date Jun 13, 2021 12:00 AM CDT Close Date Jun 30, 2021 2:00 PM CDT Highest Scoring Supplier Score 48Forty Solutions 100 pts CI Ty OF FAYETTEVILLE ARKAKSAS Seal status Requested Information Bid Document - (Completed & Signed) W-9 Form Arkansas Secretary of State Filling # Unsealed on Jun 30, 2021 2:01 PM CDT Jun 30, 2021 2:01 PM CDT Jun 30, 2021 2:01 PM CDT Bid 21-61, Bid Table (BT-89QT) Jun 30, 2021 2:01 PM CDT Conflict of Interest Unsealed by Amanda Beilfuss Amanda Beilfuss Amanda Beilfuss Amanda Beilfuss # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Amanda Beilfuss Jun 30, 2021 2:01 PM CDT No CITY OF FAYETTEVILLE ARKARSAS Questions and Answers No messages CITY OF FAYETTEVILLE ARKARSAS Public Notices No messages i� CITY OP .� FAYETTEVILLE ANRANtAt Submissions Supplier Date Submitted Name Email Confirmation Code Jun 29, 2021 12:49 PM 48Forty Solutions Stephen Smith stephen.smith@48forty.com MTQ5ODIO CITY OP .� FAYETTEVILLE ANRANtAt Project Criteria Criteria Points Description Total Base Bid 100 pts Highest price offered per usable pallet collected for recycling 21-61, Technical Specifications Pass/Fail Does the bid submitted meet all minimum specifications? Total 100 pts CITY OP .'S FAYETTEVILLE ANRANtAt Scoring Summary Active Submissions Total Total Base Bid I 21-61, Technical Specifications Supplier I / 100 pts / 100 pts Pass/Fail 48Forty Solutions 1 100 pts 100 pts ($2,500.00) Pass CITY op .N FAYETTEVILLE ANRANtAt Proposal Score Comments 48Forty Solutions - Scoring Comments Total Base Bid - Reviewer Scores Reviewer Amanda Beilfuss Score 100 pts ($2,500.00) 21-61, Technical Specifications - Reviewer Scores Reason Comments Only Bidder Reviewer Score Reason Comments Amanda Beilfuss Pass Meets the requirement(s) Only Bidder CI Ty OF FAYETTEVILLE ARKAKSAS Signatures Name Signatures Amanda Beilfuss Digitally signed by Amanda (Project Owner) Amanda BeilfUSS Beilfuss Date: 2021.06.30 14:41:01-05'00' Amanda Beilfuss Digitally signed by Amanda (Evaluator) Amanda Beilfuss Beilfuss Date: 2021.06.30 14:41:12-05'00' Andrea Foren Andrea Digitally signed by Andrea Foren (Evaluator) Foren Date:2021.07.13 17:44:41-05'00' City of Fayetteville, Arkansas CITY OF Purchasing Division - Room 306 �� FAYETARKANS EVILLE 113W,AR7201 A R K A N S A S Fayetteville, AR 72701 Phone: 479.575.8258 TDD (Telecommunication Device forthe Deaf): 479,521.1316 INVITATION TO BID: Bid 21-61, Pallet Removal & Recycling DEADLINE: Wednesday, June 30, 2021 before 2:00 PM, Local Time (1) City's third -party bidding platform, OR (2) Sealed and delivered directly to the City of Fayetteville as instructed in the advertisement PURCHASING AGENT: Amanda Beilfuss, abeilfus52favetteville-ar eov DATE OF ISSUE AND ADVERTISEMENT: Sunday, June 13, 2021 INVITATION TO BID Bid 21-61, Pallet Removal & Recycling No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, Bonfire, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject io withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: C/S{ gr� v C /,J_', . , Contact Person: E-Mail: Business Address: Title: _6?8 / / �4n aSPr! Phone:' 1j - LIVY— $ I s-c/ City: P✓i/fe State: /T2 Zip::222d f Signature:---�5 sC Date: o City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 1 of 14 City of Fayetteville Bid 21-61, Pallet Removal & Recycling Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 21-61, Pallet Removal & Recycling The City of Fayetteville is seeking revenue generating bids from qualified bidders for the removal and recycling of pallets on a per pallet price to be paid to the City. The estimated quantity for this bid is approximately 1000 pallets per year and has renewable one-year terms for a total possible contract time of five years. Any questions concerning the bidding process should be addressed to Amanda Beilfuss, City of Fayetteville Purchasing Agent, at abeilfuss@fayetteville-ar eov or by calling (479)575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bid . All bids shall be received by Wednesday June 30 2021 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at httos://www voutube com/user/citvoffavettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Amanda Beilfuss, Purchasing Agent P: 479.575.8258 abeiifuss2favetteville-ar eov TDD (Telecommunications Device far the Deaf): (479) 521-1316 Date of advertisement: 06/13/2021 City of Fayetteville, AR Bid 21-61, Pallet Removal a Recycling Page 2 of 14 Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to submit a physical sealed bid. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 3 of 14 EXECUTION OF BID - Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular Production option. Upon signing this Bid, the bidder certifies that: 1. He/she has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926—Subpart P— Excavations. 9. As A bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension "requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Rid 21-61, Pallet Removal8, Recycling Page 4 of 14 Unsigned bids will be rejected. Items marked * are mandatory for consideration 'NAME OF FIRM:_ro I, 'D/B/A or Corporation Name 'BUSINESS ADDRESS: 16s� 'CITY:Zv �v1 'E-MAIL: /' I Z Wee Purchase Order/Payments shaifbe issued to this name t"M�( `tiycti.✓g ��. Q *STATE: , /-K _'ZIP:*PHONE: ' Z> ! O ry FAX: T / / C/Vq *BY: (PRINTED NAME) J ''// Reel r Ke /(, e e *AUTHORIZED SIGNATURE: 'TITLE:_ DUNS NUMBER: v — CAGE NUMBER: 77 q �J *TAX ID NUMBER: SR�JS 13�-�y Acknowledge Addendums: Addendum No. _ Dated: Acknowledged by: Addendum No. _ Dated: Acknowledged by: Addendum No. _ Dated: Acknowledged by: Addendum No. _ Dated: Acknowledged by: ALL BIDDERS SHALL COMPLETE THE "TECHNICAL SPECIFICATION' SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THE PROVIDED "TECHNICAL SPECIFICATION' FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 5 of 14 City of Fayetteville Bid 21-61, Pallet Removal & Recycling General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION, a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at htlps:ZZwww.youtube.com/L]SerZcityoffavettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Vendor should call the Purchasing Office at 479.575.8258 to ensure correct receipt of bidding documents rior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 6 of 14 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYE 7EVILLE BID PROCESS - In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. C. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City'. b. All bidders shall promptly notify Amanda Beilfuss, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS, Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8258 to ensure receipt of their submittal City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 7 of 14 documents prior to opening time and date listed. 9. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHTTO AUDIT, FOIA ANDIURISDICITON- a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. sec.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 8 of 14 14, VARIANCE FROM STANDARD TERMS & CONDITIONS - All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not laterthan seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 9 of 14 19, ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT, Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING, Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES* The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 10 of 14 Bidders shall use the original bid forms) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether Intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshal/not be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. C. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8258) or e-mail (abeilfuss@favetteville-ar aov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. I. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Purchasing Agent via e-mail (abeilfuss(@favetteville-ar eov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 11 of 14 any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. I. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having anyjurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 26. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 12 of 14 City of Fayetteville Bid 21-61, Pallet Removal & Recycling Technical Specification ALL BIDDERS SHALL READ THIS "TECHNICAL SPECIFICATION" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATION" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION BIDDING REQUIREMENTS: c NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a._), bidder shall write a "check mark" or write "Les" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City s bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed �Tpecirication and can result in bidder OLSQUAIIF/CAT/Qiy Bidders shall NOT supply warranily Papers for the City to interpret whether a warranty s ecification is met or not. GENERAL: 1.1 All specifications written are to minimums unless otherwise noted. 1.2 Bidder shall provide proof of insurance as required by the City of Fayetteville. Insurance shall include Workers Compensation, $1,000,000 minimum General Liability, and automobile insurance. Certificate of Insurance shall list the City as an additional insured. 1.3 The City intends to invoice the Bidder within 14 calendar days of usable pallet pick up date. Bidder shall pay the City within 30 calendar days from the date of invoice. 1.4 Recycling and Trash Collections staff will maintain a count of usable pallets as they are placed in the container. Bidder will be billed for the number of usable pallets in the container. The City will inform the bidder when the container is full. 1.5 Bidder will be required to provide initial and subsequent empty containers after each pick up. POD style containers will be allowed. Other containers are allowable upon approval from the City of Fayetteville Recycling and Trash Collection Division, 1.6 Pickup of pallets shall be based on an on -call basis upon City observation of container approaching maximum capacity. Awarded bidder shall pick up container, replacing existing container with empty container within five (5) business days of City requested pick up. 1.7 The bid shall be in effect for a period of one (1) year beginning on date of approval or signed resolution from the Fayetteville City Council or Mayor's Signature. The City reserves the right to extend the award of this bid automatically by mutual agreement for a period of four (4) additional, one (1) year periods automatically unless either the Contractor or the City notifies the other of its intent to terminate the contract at the end of the contract period. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 13 of 14 2. REMOVAL & RECYCLING SPECIFICATIONS: 2.1 The bid shall include the removal, recycling, and payment to the City for pallets collected through numerous city collections and city operations. Peak pick up load is 1000 pallets a year. 2.2 Removal of materials shall be made at the following locations: a. f5 Fayetteville Compost Facility, 1708 Armstrong Ave, Fayetteville, AR b.qk3� Lot adjacent to the Recycling and Trash Collection Division located at 1560 S. Happy Hollow Rd, Fayetteville, AR. 2.3 Price for the pick-up will be based on the number of usable pallets collected. 2.4 Bid pricing shall include but is not limited to the inclusive cost of all expenses of collecting the material, overhead, insurance, and any expense incurred from collection and processing of the material. a.?s Price paid to the City shall be calculated by taking the number of pallets collected at price of per usable pallet. 2.5 All necessary equipment shall be furnished and spotted at the two locations listed previously and pulled and replaced with empty equipment as loaded. 2.6 The City agrees to maintain a diligent effort to keep all trash and or hazardous substances out of pallet containers. PICK UP OF MATERIAL AND PAYMENT 3.1 Pick up of materials and payments to the City shall adhere to the following guidelines: a -Pe Procedures for pick up of the pallet container is as follows: • A scale ticket will need to be generated at the Scale House at the Recycling and Trash Collection Division's site • Pickup hours will be Monday -Friday 7:00 AM-2:00 PM b.ye� Payment to the City shall be made within 30 calendar days from the invoice date and the following information shall be accompanied with payment or sent via email by payment date: • Copy of corresponding invoice -Total number of pallets that were picked up • Pursuant to the City of Fayetteville Resolution # 19-11, bidder shall provide final destination information and use of material in final products to the City upon payment to the City. City of Fayetteville, AR Bid 21-61, Pallet Removal & Recycling Page 14 of 14 Form W-9 (%e .Hwv ber21]ln Da lt of the Treagury WitilrRas Ve servlm t Yams (as 91havrr err your FORTY SOLUTIONS Request for Taxpayer I Give Form to the Identification Number and Certification requester. Do not send to the IRS. ► Go to www.ira rdoWFormW.9 for iinstructians and the latest tnfortnation. name, or IN-; line: do a 3 :I heck approprIaIa cox for federal taxclamiFwtion of the perwn whgs* aamK b *Aied an 6n t- Dh k only ane of" rn fdkwiny seism 00iB3 © IndivWw"ote P'oprimer or ❑ CCap;ratim is SCorpnrafon ❑ Partnership ❑ lrusve .ate wngle n ffr"r LLC d r ❑r Urnked liability❑ompany. Enler Ihotux dowlicatien IC•G taponarar, $--5 earporotlon, P=Partnership) ► C Note: Check the appropriate bo• in the II•e MWve for the Wk 0MINcetlon at the arsgle-member owrrer, 60 net dnadk rF Ll(;if the LLr In dsa slfled as a slagla-member LLC that la4aregarded from Irre ownarw71e3Sthe Wide+ of the LLC In z mother LLC that is not disregardod From tne- ownerfor U.S. federal tart pLrposea Otherwise, a sin* member LLC item d u is disregarded from the owner should dlackthe appropriate box for Ve tV CLMAMIign of Its owner. atlrer (sea FWftV lionelr 5 M *oe5 krrmbrr, street. Mtl apt. or sLilte nc.) See nglruOi0n3. Pstai 95lers name I N 13100 Northwest Freeway Suite 450 6 Ckty, state, and ZK-uoda 7 LMI sanouni nwnbcv(n) narb (oplianatj for Identtficat9olt Number Enter your TIN in the aFprnprriata host. The TIN povlded must match the narre given on line 1 to avoid backup withholding- For individuals, this Is generally your social security nurmber(S5N), However,'or a resident alien, sole proprietor, or disregarded entity, sea the instruolions for Part 1, later. For other entities, d is your employer identification number {EINI. If you do riot have a number, see How to gda Tint, later. Naar. If the account is in more than one name, see the in5truviQn5 for ins I -Avso see Wrlaf Nameand MYlnrber To Give the Regcr59rerfor guidelines vnwhosa number to enter. 4 Emowbo s (oodee apply oil; U certain "ilres. not IOrfop.h., InRutmora m page 3): &.4Mnt payae cede III any) ExanOon Irorn FATGA wodirV co*f arty) VrnrW m arm mwrnrm •uswrnr us1 i0aniiiaation number 3 175 9 3 Under penaftie6 of pugvey I owbfy ihpt 1- The in rnber shown m 1his form is my corrmttaxpayer identification number{or I am waiting for a numberto be iSSUed to mn' ( and 2 1 am not subject to backup withholding because, (a) I am examlattrom backup vithholoing, or M I have not heart notillec by the Internal Revenue $ervicm (IRS) that I nn subject tg backup withholding as a raeuN of a failure to report all Interest or dividends, or(c) the IRB has notified me that I am r1g IQrVF subject tk Backup whhhoiding; arts 3, 1 am a U.S. citizen or alner U.S. person (defined babw): and 4, The FRTCA cod*entered on this form (if any) indicating that I am exempt from FATCA reporti7g is corwcf. Certification lnetructices. You nuut crgea out item 2 above it you have freer notified by line IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends nn your tax return For reel ealate transactions, dam I does not apply. For morWage interest paid, mcfui®tip ur abandonrirart of secured property, cancellation el debt, contributions to an individual retirement arramement OFIq. anc generally, payments other than interest and aividendc, you are not required to sign the certificauas, but you musl provide your correct TIN. See Me InttntcNons for Part II, lalar. R Here I u-s porsan► y / Data► Al NI !+ General Instructions Section references are to the Intomol Revenue Cosa unlemotherwisa f1Metl. Future developments. For the latest information about devviopmente. related to Farm W-A) and ins inshuctions Such as legislation anacted after Illey were pu?Wi$ . yo to www-Ira.0nWA rmW9- Purpose of Form An Individual or entity (7c� W-9 requested whe is requiredio file an inforinatipn return With the IRS must obtain your conact tawpayar identltication number (TI14 which may be your social security number (SSN), Individual ttupager Identification number (FTIN), adoption taxpayeriderltifleation rwribef (A.PN), or emp"w identifiralion number {FINI, to report on an irlor oration return the amount paid to you, or other amwril reponkl7le on an hfarmatlon return. Fxmmplee of information returns iwltfda, but arE not limited to, the following. + Form 1099-RiT (intemleamed w pail Cat. No.. 1023iX • Form 1099-DIV (eividends, including those from stocks or mutual funds) • Fcrm 1 GN-MISC{various types of Income, primes, awards, ccgros: prooaedsi • Form I ON-5 {stock or mutts fund sales end certain other transactiorts by brokers] • %mr 1 M-6 (proceeds from real estate transactions) • Form 100-K {meroharx card and third party nralwcrk htawmtio* • Form 1096 Qtorne mortgage Inlerest), 1098-E latudent loan interest 1098-T (tuition) + Farm 1099 C (canceled debt] • Few 10t39-A I80CulsltIon or aparidorwrient 31 Serumd property) toe Form W-9 orlty If you are a U-S. person Qrcluomg a resident alien), to provide your correct TIN. P you do not reten Form IN-9 tc the requester with a TIN, you tilt;-f be &94ectto backup wdhhafdrrtg. See What is backup withhglding, igfer. 5897 Windward Parkway Alpharetta, GA 30005 P:713.332.6145 1 48forty.com I info@48forty.com Form W-9 (pew. 11.201 r) FORTY SOLUTIONS 5897 Windward Parkway Alpharetta, GA 30005 P:713.332.6145 1 48forty.com I info@48forty.com Item Number Item Descriptioi ESTIMATED ANI *PRICE per Pallet #0-1 Price Per Pallet to bE 1000 2.5 6/30/2021 Proposal Data IBack to Project Bid 21-61, Pallet Removal and Recycling Rebid - Proposal Data Supplier 48Forty Solutions Scorecard Ope,... Arkansas Secretary of State Filling # 39 https://fayetteville-ar.bonfirehub.com/projects/46334/proposal Data 1 /1