BID No. 20-111704 BIDDER:

CITY OF SALISBURY

/ INVITATION FOR BIDS NO. 630-2006
PURCHASING DIVISION
132 NORTH MAIN STREET / Bids will be publicly opened: AUGUST 7, 2006
SALISBURY, N.C. 28144
Refer ALL Inquiries to: DEWEY PECK
Telephone No. 704-638-5279 / Commodity: Solid Waste Container Service
EMail: / Using Agency Name: Public Services, Solid Waste Division

NOTICE TO BIDDERS

Sealed bids, subject to the conditions made a part hereof, will be received at this office (132 N. Main Street, Salisbury, N.C. 28144) until 2:00 p.m. Monday, August 7, 2006 the day of opening and then opened, for furnishing and delivering the commodity as described herein.

Bids submitted via facsimile (FAX) machine in response to this Invitation for Bids will not be acceptable.

Bids are subject to rejection unless submitted on this form.

EXECUTION

In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is submitted competitively and without collusion (G.S. 143-54).

Failure to execute/sign bid prior to submittal shall render bid invalid. Late bids are not acceptable.

BIDDER: / FEDERAL ID OR SOCIAL SECURITY NO.
STREET ADDRESS: / P.O. BOX: / ZIP:
CITY & STATE & ZIP: / TELEPHONE NUMBER: / TOLL FREE TEL. NO
(800)
TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: / FAX NUMBER:
AUTHORIZED SIGNATURE: / DATE: / E-MAIL:

All offers are valid for 45 days from date of bid opening.

ACCEPTANCE OF BID

If any or all parts of this bid are accepted, an authorized representative of the CITY OF SALISBURY shall affix their signature hereto and this document and the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful bidder(s).

FOR CITY OF SALISBURY USE ONLY
Offer accepted and contract awarded this ____ day of ______, 20____, as indicated on attached certification or purchase order
by ______(Authorized representative of City of Salisbury)

MAILING INSTRUCTIONS: Mail only one fully executed bid document, unless otherwise instructed, and only one bid per envelope. Address envelope and insert bid number as shown below: It is the responsibility of the bidder to have the bid in this office by the specified time and date of opening.

DELIVERED BY US POSTAL SERVICE / DELIVERED BY ANY OTHER MEANS
BID NO. 630-2006 / BID NO. 630-2006
City of Salisbury
Attn: Dewey Peck Purchasing Manager
132 N. Main Street
Salisbury, NC 28144 / City of Salisbury
Attn: Dewey Peck Purchasing Manager
132 N. Main Street
Salisbury, NC 28144

TABULATIONS: Verbal tabulations of open market bids and award information can be obtained by calling 704-638-5279. Tabulations will be available upon request no earlier than 9:00 a.m. on the first working day following the date of opening. Requests for lengthy or written tabulations cannot be honored.

TRANSPORTATION CHARGES: FOB City of Salisbury, NORTH CAROLINA WITH ALL TRANSPORTATION CHARGES PREPAID AND INCLUDED IN BID PRICE

AWARD CRITERIA: As provided by Statute, award will be based on the lowest and best bid(s) (Most advantageous to the City of Salisbury) as determined by consideration of:

1.  Price

2.  General reputation & performance capabilities of bidder.

3.  Conformity with terms and conditions of this Invitation for Bids

4.  References

5.  Demonstration of equipment, if requested

6.  Conformity with specifications.

.

SCOPE: Bidder will provide the collection of solid waste from businesses and apartment complexes, for a period of thirty six (36) months beginning October 2, 2006 and ending October 2, 2009. Upon mutual agreement of both parties the contract may be extended for an additional thirty six (36) month period beginning on October 2, 2009 and ending October 2, 2012.

DEVIATIONS: Any deviations from specifications and requirements herein must be clearly pointed out by bidder. Otherwise it will be considered that services offered are in strict compliance with these specifications and requirements; a successful bidder will be held responsible therefore. Deviations must be explained in detail. However, the City makes no implication that deviations will be acceptable. Bidder is advised that the response (or lack thereof) on this question does not take precedence over specific responses or non-responses provided elsewhere in this bid.

SALES TAX: DO NOT include sales tax in bid amount.

PROPOSAL SUBMISSION: Proposals shall be submitted on the forms of proposal attached hereto. All requested information shall be provided

BID BOND: Each proposal must be accompanied by a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the City, or a Bidder’s Bond acceptable to the City and running in favor of the City, in an amount equal to five percent (5%) of the maximum annual bid total. If a proposal is not accepted or if a proposal is accepted and a contract is executed, the check or Bidder’s Bond will be returned in each instance within a period of thirty (30) days to the Bidder furnishing same; except that each Bidder agrees, provided its proposal is one of the three low proposals, that, by filing its proposal together with such check or Bidder’s Bond in consideration of the City’s receiving and considering such proposal, said proposal shall be firm and binding upon each such Bidder and such check or Bidder’s Bond shall be held by the City for a period not exceeding ninety (90) days from the date herein above set for the opening of the proposals.

PERFORMANCE & PAYMENT BOND: Successful bidder will be required to furnish a 100% performance bond prior to award.

The City of Salisbury reserves the right to waive minor irregularities or minor errors in the proposal, if it appears to the City that such irregularities or errors were made through inadvertence. Any such irregularities or errors so waived must be corrected on the proposal prior to its acceptance by the City. The City of Salisbury reserves the right to reject any and all proposals.

GENERAL INFORMATION CONCERNING CURRENT CONTRACT FOR THIS SERVICE

1.  The City of Salisbury currently pays $11.93 per container for pick up service regardless of size of container.

2.  The City of Salisbury currently pays a 5% fuel surcharge for this contract.

3.  No landfill charges are paid by the City of Salisbury and the City of Salisbury does not mandate a disposal site.

4.  A complete customer listing is attached to this document for the use of prospective bidders on this contract.

5.  Any questions should be directed to the Purchasing Manager Dewey Peck 704-638-5279

FUEL SURCHARGE CONSIDERATION

Consideration for a fuel surcharge shall be based on the original average cost of diesel fuel for the previous month as calculated at the time of submission of the original bid.

The source of this monthly average and any other future price considerations shall be the Energy Information Administration of the U.S. Department of Energy (EIA/DOE)’s weekly posting of Highway Diesel prices for the “Lower Atlantic” NC,SC, GA, FL.

Their web site is http://tonto.eia.doe.gov/oog/info/wohdp.diesel.asp

The City of Salisbury will allow a 1% fuel surcharge for every ten cents ($0.10) increase in the cost of diesel fuel as averaged for the month preceding the monthly billing.

This average shall be calculated on the first Monday prior to the end of each month or the first day thereafter in the event a Federal holiday should fall on that Monday.

GENERAL TERMS AND CONDITIONS

1. ACCEPTANCE AND REJECTION: The City of Salisbury reserves the right to reject any and all bids, to waive any informality in bids, and unless otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error or the other is obviously correct, the incorrect price will be disregarded.

2. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, the offer shall be valid for 45 days from the date of bid opening.

3. TAXES: No taxes shall be included in any bid prices.

a. FEDERAL: Generally, states and political subdivisions are exempt from such taxes, as excise and transportation. Exemption is claimed under Registry No. 56-70-0047K as provided by Chapter 32 of the Internal Revenue Code.

b. OTHER: Bid prices are not to include any sales, import, or personal property taxes. To the extent applicable, they are to be invoiced as a separate item(s).

4. PRICE ADJUSTMENTS: Any price changes, downward or upward, which might be permitted during the contract period, must be due to general market conditions which affect the industry as a whole and not specific costs which pertain only to the vendor participating in this contract.

a. NOTIFICATION: Must be given to the City of Salisbury Purchasing Division, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturers' official notice or other evidence that the change is general in nature.

b. DECREASES: The City of Salisbury shall receive full proportionate benefit immediately at any time during the contract period.

c. INCREASES: All prices offered herein shall be firm against any increase for 180 days from effective date of the proposed contract. After this period, a request for increase may be submitted with the City of Salisbury reserving the right to accept or reject the increase, or cancel the contract. Such action by the City of Salisbury shall occur not later than 15 days after receipt and review by the City of Salisbury of a properly documented request for price increase. Any increases accepted shall become effective on a date to be determined by the City of Salisbury which:

1) Shall not be later than 30 days after the expiration of the original 15 days reserved by the City of Salisbury to evaluate the request for increase;

d. INVOICES: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item.

5. PAYMENT TERMS: Payment terms are net, 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The City of Salisbury is responsible for all payments under this contract.

6. AFFIRMATIVE ACTION: The successful bidder will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, without discrimination by reason of race, color, religion, sex, national origin, or physical handicap.

7. CONDITION AND PACKAGING: Unless otherwise indicated in the bid, it is understood and agreed that any item offered or shipped on this bid shall be new and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

8. PERFORMANCE BOND AND DEFAULT: The City of Salisbury requires a performance bonds from the successful bidder, as provided by law, without expense to the City. Otherwise, in case of default by the Bidder, the City may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. Default shall occur if the Bidder fails to perform any obligation under the contract and schedule and such failure remains uncured for more than ten (10) days after receipt of written notice thereof from the City of Salisbury.

a. This performance bond must be renewed annually

9. SAMPLES: Samples of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request, be returned at the bidder's expense. Request for the return of samples must be made within 10 days following opening of bids. Otherwise the samples will become City of Salisbury property. Each individual sample must be labeled with bidder's name and item number. Samples, on which an award is made, will be retained for the contract period. These will be returned, if requested, ten days prior to expiration of the contract.

10. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful bidder will be held responsible therefore. Deviations must be explained in detail on an attached sheet(s).

The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

11. SAFETY STANDARDS: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Electrical Engineers for pressure vessels; the Underwriters' Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type(s) of devices offered and furnished. Further, all items furnished by the successful bidder shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.