Fillable RFP # 18-11 Textile Recycling Collection Services (City of Somerville)

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RFP # 18-11 Textile Recycling Collection Services (City of Somerville)

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1
SOLICITATION FOR:
RFP # 18-11 Textile Recycling Collection Services
CITY OF SOMERVILLE, MASSACHUSETTS
RELEASE DATE: 9/4/2017
QUESTIONS DUE: 12/2017 by 12PM EST
DUE DATE AND TIME: 9/19/2017 by 11AM EST
Anticipated Contract Award
10/1/2017
Est. Contract Commencement Date
11/1/2017
Est. Contract Completion Date
10/31/2017
Est. Renewal Years (If Applicable)
Two one-year options to renew
DELIVER TO:
City of Somerville
Purchasing Department
Attn: Michael Richards
Assistant Purchasing Director
mrichards@somervillema.gov
93 Highland Avenue
Somerville, MA 02143
CITY OF SOMERVILLE, MASSACHUSETTS
Enclosed You Will Find a Request for Proposal For:
RFP # 18-11 Textile Recycling Collection Services
SECTION 1.0
GENERAL INFORMATION ON PROPOSAL PROCESS
1.1 General Instructions
Copies of the solicitation may be obtained from the Purchasing Department on and after 9/4/2017
per the below-noted City Hall hours of operation.
All Responses Must be Sealed and Delivered To:
Purchasing Department
City of Somerville
93 Highland Avenue
Somerville, MA 02143
It is the sole responsibility of the Offeror to ensure that the proposal arrives on time at the
designated place. Late proposals will not be considered and will be rejected and returned.
Proposal Format:
Submit one (1) sealed proposal package (with two sealed envelopes, one for the price and one for the
technical proposal); it must be marked with the solicitation title and number and must be original.
In an effort to reduce waste, please DO NOT USE 3-RING BINDERS.
Responses must be sealed and marked with the solicitation title and number.
All proposals must include all forms listed in the Proposers Checklist (and all documents included or
referenced in Sections 2.0 - 4.0). If all required documents are not present, the proposal may be
deemed non-responsive and may result in disqualification of the proposal unless the City
determines that such failure(s) constitute(s) a minor informality, as defined in Chapter MGL
30B.
A complete Proposal must also include a cover letter signed by an official authorized to bind the
Offeror contractually and contain a statement that the proposal is firm for ninety (90) days. An
unsigned letter, or one signed by an individual not authorized to bind the Offeror, may be
disqualified.
The Offeror’s authorized official(s) must sign all required proposal forms.
The Price Form in Section 4.0 must be completed. No substitute form will be accepted. Pricing must
remain firm for the entire contract period.
All information in the Offeror’s response should be clear and concise. The successful response will
be incorporated into a contract as an exhibit; therefore, Offerors should not make claims to which
they are not prepared to commit themselves contractually.
The successful Offeror must be an Equal Opportunity Employer.
Hall Hours of Operation:
Monday – Wednesday
8:30 a.m. and 4:30 p.m.
Thursday
8:30 a.m. to 7:30 p.m.
Friday
8:30 a.m. to 12:30 p.m.
1.2 Proposal Schedule
Key dates for this Request for Proposals:
9/4/2017
12/2017 by 12PM EST
9/19/2017 by 11AM EST
10/1/2017
11/1/2017
10/31/2017
Two one-year options to renew
City of Somerville
Purchasing Department
Attn: Michael Richards
93 Highland Avenue
Somerville, MA 02143
1.3 Submission Instructions
Please submit two sealed envelopes, all within one sealed proposal package, with the following contents and
marked in the following manner:
Contents of Sealed Proposal
Package
Marked As
Envelope 1 Non-Price Technical Proposal:
Shall Include (1) original and two (2) copies,
and one (1) electronic copy. [Electronic copies are to
be submitted on CD-ROM or thumb drives and are to be saved
in Adobe Acrobat format. (“Read only” files are acceptable.)]
To Be Marked: Non-Price Proposal RFP # 18-11
Textile Recycling Collection Services
Envelope 2 Price Proposal: Shall Include one
(1) original and one (1) copy.
To Be Marked: Price Proposal RFP # 18-11
Textile Recycling Collection Services
Please send the complete sealed package to
the attention of :
Michael Richards
Assistant Purchasing Director
Purchasing Department
Somerville City Hall
93 Highland Avenue
Somerville, MA 02143
(Note: Massachusetts General Laws, Chapter 30B requires that price proposals must be separate from technical
proposals. Therefore, please make no reference to pricing in the non-price technical proposal. Failure to
adhere to this requirement will result in disqualification.
Non-Price (Technical) Proposal Format
Responses must be submitted in accordance with the requirements set forth in this solicitation. Results of the
proposal review process will be utilized to establish a preliminary ranking of the proposers. The City may
interview the top ranked candidates as part of the evaluation process. All information in the technical proposal
should be organized and presented as directed below. Your Non-Price Proposal response should contain all
forms outlined in the Proposers Checklist (Section 5.0). Responses shall be prepared on standard 8.5 x 11 inch
paper (charts may be landscaped but must be on 8.5 x 11 inch paper) and shall be in a legible font size (12). All
pages of each response shall be appropriately numbered (and with consecutive page numbering across tabs).
Elaborate format and binding are neither necessary nor desirable. Each proposal shall clearly identify the
Offeror’s name, solicitation number, formal solicitation title and copy number, (e.g., “Original”, “copy 2 of 3”).
All binders will allow for easy removal and replacement of pages.
References
The Offeror shall list at least three relevant references, which the City can contact. The City of Somerville
reserves the right to use ourselves as a reference. References shall include the following information:
●The name, address, telephone number, and email address of each client listed above.
●A description of the work performed under each contract.
●The amount of the contract.
●A description of the nature of the relationship between Offeror and the customer.
●The dates of performance.
●The volume of the work performed.
Price Proposal Format
Price Summary Page (see Section 4.0.)
Proposal Prices to Remain Firm
All proposal prices submitted in response to this solicitation must remain firm for 90 days following the
proposal opening.
Price Submission
All prices must contain the unit rate as requested on the proposal price form in this solicitation. All prices are to
include delivery, the cost of fuel, the cost of labor, and all other charges related to the products or services
listed. Prices are to remain fixed for the contract period of performance.
1.4 Questions
Questions are due: 12/2017 by 12PM EST
Questions concerning this solicitation must be delivered in writing to:
Michael Richards
Assistant Purchasing Director
Somerville City Hall
Purchasing Department
93 Highland Avenue
Somerville, MA 02143
Or emailed to:
mrichards@somervillema.gov
Or faxed to:
617-625-1344
Answers will be sent via an addendum to all Offerors who have registered as proposal holders. Proposers are
encouraged to contact the Purchasing Department to register as a proposal document holder to automatically be
alerted as to addenda as they are issued. It is the responsibility of the Offeror to also monitor the proposal portal
on the City’s website for any updates, addenda, etc. regarding that specific solicitation. The web address is:
http://www.somervillema.gov/departments/finance/purchasing/bids.
If any proposer contacts City personnel outside of the Purchasing Department regarding this
proposal/proposal, that proposer will be disqualified immediately.
1.5 General Terms
Estimated Quantities
The City of Somerville has provided estimated quantities, which will be ordered/purchased over the course of
the contract period. These estimates are estimates only and not guaranteed.
Proposal Signature
A response must be signed as follows: 1) if the Offeror is an individual, by her/him personally; 2) if the Offeror
is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the
Offeror is a corporation, by the authorized officer, whose signature must be attested to by the clerk/secretary of
the corporation (& with corporate seal).
Time for Proposal Acceptance and City Contract Requirements
The contract will be awarded within 90 days after the proposal opening. The time for award may be extended
for up to 45 additional days by mutual agreement between the City of Somerville and the Offeror that is most
advantageous and responsible. The Offeror’s submission will remain in effect for a period of 90 days from the
response deadline or until it is formally withdrawn, a contract is executed, or this solicitation is canceled,
whichever occurs first. The Offeror will be required to sign a standard City contract per the City’s general terms
included herein as Appendix A.
Holidays are as follows:
New Year’s Day
Martin Luther King
Day
Presidents’ Day
Patriots’ Day
Memorial Day
Bunker Hill Day
Independence Day
Labor Day
Columbus Day
Veterans’ Day
Thanksgiving Day
Thanksgiving Friday
Christmas Eve (half
day)
Christmas Day
Please visit http://www.somervillema.gov/ for the City’s most recent calendar. *Under State Law, all holidays
falling on Sunday must be observed on Monday.
If the awarded Offeror for their convenience desires to perform work during other than normal working hours
or on other than normal work days, or if the Offeror is required to perform work at such times, the Offeror
shall reimburse the City for any additional expense occasioned the City, thereby, such as, but not limited to,
overtime pay for City employees, utilities service, etc. UNLESS otherwise specified in these provisions,
services will be performed during normal work hours. When required services occur on holidays, work will be
performed on either the previous or following work day, unless specified otherwise.
Unforeseen Office Closure
If, at the time of the scheduled proposal opening, the Purchasing Department is closed due to uncontrolled
events such as fire, snow, ice, wind, or building evacuation, the proposal due date will be postponed until 2:00
p.m. on the next normal business day. Proposals will be accepted until that date and time. In the event of
inclement weather, the Offeror is responsible for listening to the media to determine if the City has been closed
due to weather.
Changes & Addenda
If any changes are made to this solicitation, an addendum will be issued. All proposers on record as having
picked up the solicitation will be alerted via email as to the posting of all addenda. The City will also post
addenda on its website (http://www.somervillema.gov/departments/finance/purchasing/bids). No changes may
be made to the solicitation documents by the Offerors without written authorization and/or an addendum from
the Purchasing Department.
Modification or Withdrawal of Proposals, Mistakes, and Minor Informalities
An Offeror may correct, modify, or withdraw a proposal by written notice received by the City of Somerville
prior to the time and date set for the proposal opening. Proposal modifications must be submitted in a sealed
envelope clearly labeled "Modification No.__" to the address listed in Section 1. Each modification must be
numbered in sequence and must reference the original solicitation. After the proposal opening, an Offeror may
not change any provision of the proposal in a manner prejudicial to the interests of the City or fair competition.
Minor informalities will be waived or the proposer will be allowed to correct them. If a mistake and the
intended proposal are clearly evident on the face of the proposal document, the mistake will be corrected to
reflect the intended correct proposal, and the proposer will be notified in writing; the proposer may not
withdraw the proposal. A proposer may withdraw a proposal if a mistake is clearly evident on the face of the
proposal document, but the intended correct proposal is not similarly evident.
Right to Cancel/Reject Proposals
The City of Somerville may cancel this solicitation, or reject in whole or in part any and all proposals, if the
City determines that cancellation or rejection serves the best interests of the City.
Unbalanced Proposals
The City reserves the right to reject unbalanced, front-loaded, and conditional proposals.
Brand Name “or Equal”
Any references to any brand name or proprietary product in the specifications shall require the acceptance of an
equal or better brand. The City has the right to make the final determination as to whether an alternate brand is
equal to the brand specified.
Electronic Funds Transfer (EFT)
For EFT payment, the following shall be included with invoices to the point of contact:
Contract/Order number; Contractor’s name & address as stated in the contract;
The signature (manual or electronic, as appropriate) title, and telephone number of the Offeror’s
representative authorized to provide sensitive information;
Name of financial institution; Financial institution nine (9) digit routing transit number;
Offeror’s account number; Type of account, i.e., checking or saving.
1.6 Evaluation Methodology
Comparative Evaluation Criteria
The Comparative Evaluation Criteria set forth in Section 2 of this RFP shall be used to evaluate responsible and
responsive proposals.
All proposals will be reviewed by an evaluation committee composed of employees of the City. Final selection will
be based upon the evaluators’ analysis of the information and materials required under the RFP and provided by the
proposing vendors in their submissions. The City reserves the right to involve an outside consultant in the selection
process. Proposals that meet the minimum quality requirements will be reviewed for responses to the comparative
evaluation criteria. The evaluation committee will assign a rating of Highly Advantageous, Advantageous, Not
Advantageous, or Unacceptable to the comparative evaluation criteria.
The City will only award a contract to a responsive and responsible Proposer. Before awarding the contract(s), the
City may request additional information from the Proposer to ensure that the Proposer has the resources necessary to
perform the required services. The City reserves the right to reject any and all proposals if it determines that the
criteria set forth have not been met.
Selection Process
Qualified proposals will be reviewed and rated by the Evaluation Committee ("the Committee") on the basis of
the comparative evaluation criteria and minimum quality requirements included in Section 2.0.
The City may request additional information from the Offerors to ensure that the Offeror has the necessary
resources to perform the required services. The Committee may choose to select a set of finalists to be
interviewed ("the short list"). The short-listed applicants will be notified, either by e-mail or telephone, of the
date, time, and place for their interviews and any other pertinent information related thereto. The Mayor may, at
the Mayor’s sole discretion, interview the applicants on the short list. The Committee will rank all candidates
and make a recommendation to the Mayor to enter into a contract with the most highly advantageous Offeror.
The City will award the contract to the most responsive and responsible Offeror whose entire proposal (technical
and price) is deemed to be the most highly advantageous. The City reserves the right to reject any and all
proposals if it determines that the criteria set forth have not been met.
RFP # 18-11
SECTION 2.0
RULE FOR AWARD /
SPECIFICATIONS/SCOPE OF SERVICES
Rule For Award
The contract shall be awarded to the responsible and responsive proposer submitting the most advantageous
proposal response, taking into consideration all evaluation criteria as well as price. The contract will be awarded
within ninety (90) days after the proposal opening. The time for award may be extended for up to 45 additional
days by mutual agreement between the City and the most highly advantageous and responsible offeror.
Background
The City of Somerville (“City”) seeks proposals to provide for the development and implementation of an all-
encompassing curbside soft textile recyclables collection services program.
This is a new program; therefore, no estimated quantities are provided or guaranteed
Specifications / Requirements
1. Provide regularly scheduled residential textile recycling services. Please refer to attached daily
trash/recycling routes in Appendix B.
2. At program startup, contractor will provide initial promotional, marketing, and program materials along
with program guidelines to residents.
3. Training and informational program updates are to be provided to the City’s Environmental Waste
Services employees and hauling contractors where necessary.
4. Collection routing should be scheduled on the same days as the current residential waste and recycling
routes serviced by the City.
5. Collection must not interfere with City’s Solid Waste Service collections.
6. City schedule of collection routes is attached. Collection routes may be changed by the City with 30
days’ written notice.
7. Contractor will provide all necessary recycling collection equipment, supplies and employees to
maintain excellent customer satisfaction.
8. Contractor will provide collection trucks and drivers
9. Truck will be clearly marked with your company logo and be marked “Partner with City of Somerville.”
10. Contractor shall ensure all vehicles are operated in such a manner as to prevent materials from being
blown out or falling out of the vehicle. Contractor and its employees shall stop immediately and safely
collect items that have been separated from the vehicles. Contractor shall be solely responsible and
liable for any items that become separated from secured vehicles and any damages that occur as a result
thereof.
11. Contractor will provide and distribute required collection program material (e.g., bags or bins, etc.)
12. All bags/containers must meet the strength needs to carry clothing to the curb by residents without
breakage. Bags and containers utilized in this collection service must be pre-approved by City staff prior
to distribution and use.
13. Contractor shall provide the location(s) used for disposal of contaminants. The contamination disposal
site must be approved by the City, as well as a properly licensed authorized disposal site. The site must
be in compliance with all federal, state and local environmental requirements.
14. Contractor must provide a dedicated phone line and online customer service provided for resident
questions and calls.
15. Contractor must provide customer service staffing to respond to resident questions and concerns.
16. Contractor must respond to resident complaints or missed collections within 24 hours of call received.
17. On or before the 15th of the following month, the contractor will provide electronically via Microsoft
Excel or by using comma separated values (CSV) format monthly reporting of the number of collections
completed, the tonnage of material collected, and the number and nature of customer service calls.
18. The Textile Recycling Program will be run at no cost to the City of Somerville.
19. This is a revenue contract and the City will not encounter any expenditure related to this contract. All
costs, risks and liability associated to this program and contract, as defined herein, are the sole
responsibility of the Contractor.
20. Contractor shall pay the proposed price for recycled textiles to the City on or before the 15th day of the
following month of collections. All revenue payments to the City shall be supported by weight tickets
that include accurate weights, dates and detailed descriptions of the materials collected, which may
include non-textile matter.
21. No fees will be charged to the residents.
Proposal Format and expectations
1. Cover letter / Letter of Intent
2. Company Profile
a. Familiarity with local government curbside residential textile recycling programs
b. Firm qualifications and capacity
c. Demonstrated commitment to sustainability principles
3. Project team qualifications and experience providing Residential Curbside Textile Recycling Collection
Programs
4. Project Understanding, Approach and Schedule:
a. Describe method of collection, including the type of materials to be provided to residents and the
location where materials are to be left for collection. Materials should include examples of
educational information, as well as the containers or bags to be used for collecting textiles.
b. Address staffing levels and equipment required to service the residences as outlined by the
Somerville DPW trash and recycling collection routes. Staffing levels should specify job
requirements and timing, such as customer service, administrative and pick up crews.
c. Discuss the methods you employ to ensure adherence to maintain service excellence and collection
schedules, including any method you use for completion tracking.
d. Describe customer services resources to address complaints about service quantity, timeliness and
other concerns.
e. Provide a description or examples of the education and marketing program that will be offered,
including initial distribution method, schedule for ongoing education, and how you will fulfill
ongoing recycling needs for participating residents. Include examples of how you will support local
charitable organizations that accept textiles, and materials that will be shared with the City to share
with citizens on the website and communications. Provide a description of and any samples of
training materials for City employees, if applicable.
f. Provide information about any information about multi-lingual public educational and marketing
material that you can provide. Provide a description of and any samples of training materials for City
employees, if applicable.
g. Provide sustainability flow of collected textile materials.
h. Provide example of monthly reports that will be submitted to City’s Solid Waste Services staff to
track progress over time. Include information on volumes, where and how items are being
reused/resold/recycled or disposed of, number of customer complaints and response times, etc.
i. Provide a plan for the collection and disposal of contaminated/inappropriate materials that are out of
scope.
j. Provide plan for the collection during winter season.
k. Demonstrate an understanding of City and State ordinances regarding the placement, collection and
removal of materials placed on public right-of-way.
l. Demonstrate an understanding of the City permit process and acknowledge the requirement for a
right of way obstruction permit.
m. Financial Statement (If Applicable)
n. References and previous clients’ assessment of performance
5. Proposed Reimbursement to City for city support to assist in delivery of scope of services. Describe
revenue percentage and how revenue will be calculated and provided; describe cost, if any, to provide the
drop box(es). Define how textiles are to be resold, and markets used in for resale of the products.
6. Local Presence and Community Impact- Describe your local presence in the community. Description
about location of local office, headquarters and other local presence.
7. Describe how you will manage request from residents of large buildings.
Comparative Evaluation Criteria
The Comparative Evaluation Criteria set forth in this section of the RFP shall be used to evaluate responsible and
responsive proposals. The Comparative Evaluation Criteria are:
All proposals will be reviewed by an evaluation committee composed of employees of the City. Final selection will
be based upon the evaluators’ analysis of the information and materials required under the RFP and provided by the
proposing vendors in their submissions. The City reserves the right to involve an outside consultant in the selection
process. Proposals that meet the minimum quality requirements will be reviewed for responses to the comparative
evaluation criteria. The evaluation committee will assign a rating of Highly Advantageous, Advantageous, Not
Advantageous, or Unacceptable to the comparative evaluation criteria.
The City will only award a contract to a responsive and responsible Proposer. Before awarding the contract(s), the
City may request additional information from the Proposer to ensure that the Proposer has the resources necessary to
perform the required services. The City reserves the right to reject any and all proposals if it determines that the
criteria set forth have not been met.
Factor 1: Qualifications and Experience
Highly Advantageous
The proposer’s project team demonstrates highly desirable
qualifications and experience working on a variety of municipal
projects of comparable size and scope.
Advantageous
The proposer’s project team demonstrates detailed
qualifications and experience working on a selection of
municipal projects of varying size and scope.
Not Advantageous
The proposer’s project team demonstrates few qualifications or
experience working on a selection of municipal projects of
varying size and scope.
Factor 2: Ability to Carry Out Scope of Work
Highly Advantageous
The proposer’s Plan demonstrates a comprehensive
understanding of the SOW and a thorough attention to detail.
The Plan is both effectively communicated and meets and
exceeds Somerville’s specific needs.
Advantageous
The proposer’s Plan demonstrates a moderate understanding of
the SOW and modest attention to detail. The Plan is addresses
the scope of work and meets many of Somerville’s specific
needs.
Not Advantageous
The proposer’s Plan lacks a comprehensive understanding of the
SOW and a thorough attention to detail, and is not relevant to
Somerville.
Factor 3: Project Customization
Highly Advantageous
The proposer’s Plan demonstrates a comprehensive
understanding of the City’s social and geographic needs and
presents a customized approach to meet those needs
Advantageous
The proposer’s Plan demonstrates some understanding of the
City’s social and geographic needs and presents some level of
customized approach to meet some of those needs
Not Advantageous
The proposer’s Plan does not demonstrate understanding of the
City’s social and geographic needs and presents a “cookie
cutter” approach to meet the scope of work
Factor 4: Work Plan and Technical Approach
Highly Advantageous
The proposer’s project management plan expressly defines how
the City’s goals will be met and presents a detailed plan to meet
residential needs
Advantageous
The proposer’s project management plan addresses many of the
City’s goals and presents a plan to meet residential needs
Not Advantageous
The proposer’s project management plan does not meet the City’s
goals or presents a plan to meet residential needs
Factor 5: Revenue Sharing Model
Highly Advantageous
The proposal clearly describes the proposer’s method for revenue
sharing, providing a detailed breakdown of fee structure and
detailed resale market plan.
Advantageous
The proposal describes the proposer’s a basic method for revenue
sharing and presents a resale market plan.
Not Advantageous
The proposal does not clearly describe the proposer’s method for
revenue sharing, provide a breakdown of fee structure, or a
detailed resale market plan.
Period of Performance
The period of performance for this contract begins on or about 11/1/2017 and ends on or about 10/31/2017. If
applicable, optional renewal years may be exercised by the sole discretion of the City (see cover page for
anticipated contract term).
Place of Performance
All services, delivery, and other required support shall be conducted in Somerville and other locations
designated by the Department point of contact. Meetings between the Vendor and City personnel shall be held
at the City of Somerville, Massachusetts, unless otherwise specified.
Vendor Conduct
The Vendor’s employees shall comply with all City regulations, policies, and procedures. The Vendor shall
ensure that their employees present professional work attire at all times. The authorized contracting body of the
City may, at his/her sole discretion, direct the Vendor to remove any Vendor employee from City facilities for
misconduct or safety reasons. Such rule does not relieve the Vendor of their responsibility to provide sufficient
and timely service. The City will provide the Vendor with immediate written notice for the removal of the
employee. Vendors must be knowledgeable of the conflict of interest law found on the Commonwealth’s
website http://www.mass.gov/ethics/laws-and-regulations-/conflict-of-interest-information/conflict-of-interest-
law.html. Vendors may be required to take the Conflict of Interest exam.
Vendor Personnel
The Vendor shall clearly state the name of the proposed project manager. All proposed staff must demonstrate
the ability to carry out the specified requirements.
Confidentiality
The Vendor agrees that it will ensure that its employees and others performing services under this contract will
not use or disclose any non-public information unless authorized by the City. That includes confidential reports,
information, discussions, procedures, and any other data that are collected, generated or resulting from the
performance of this scope of work. All documents, photocopies, computer data, and any other information of
any kind collected or received by the Vendor in connection with the contract work shall be provided to the City
upon request at the termination of the contract (i.e., the date on which final payment is made on the contract or
at such other time as may be requested by the City or as otherwise agreed by City and the Vendor). The Vendor
may not discuss the contract work in progress with any outside party, including responding to media and press
inquiries, without the prior written permission of the City. In addition, the Vendor may not issue news releases
or similar items regarding contract award, any subsequent contract modifications, or any other contract-related
matter without the prior written approval of the City. Requests to make such disclosures should be addressed in
writing to the Vendor’s point of contact.
Deliverables
Vendor shall provide for all day-to-day supervision, inspection , and monitoring of all work performed to ensure
compliance with the contract requirements. The contractor is responsible for remedying all defects and or
omissions to the supplies or services provided to ensure that said deliverables meet the requirements as detailed
in the contract specifications.
RFP # 18-11
SECTION 3.0
Textile Recycling Collection Services
PROPOSERS’ CHECKLIST
Please ensure all documents listed on this checklist are included with your proposal. Failure to do so may
subject the proposer to disqualification.
Non-Price Proposal
Required with Sealed Proposals
____ Cover Letter
____ Acknowledgement of Addenda (if applicable and non-price related)
____ Quality Requirements Form
____ Somerville Living Wage Form
____ Certificate of Non-Collusion and Tax Compliance
_____ Certificate of Signature Authority
_____ Reference Form (or equivalent may be attached)
____ W9
Required with Contract, Post Award
_____ Certificate of Good Standing (will be required of awarded Vendor; please furnish with proposal
if available)
_____ Insurance Specifications (will be required of awarded Vendor; furnish sample certificate with
bid, if possible)
Price Proposal
____ Acknowledgement of Addenda (if applicable and price related)
_____ Reimbursement Schedule
Quality Requirements Form
Quality requirements, or basic business requirements, are the minimum set of standards that an entity must meet
and certify to be considered responsible and responsive. Please complete the Quality Requirements form,
below, and submit it with your completed proposal. The City of Somerville will disqualify any response that
does not meet the minimum quality requirements. A "No Response" to items 1 or 2, or a failure to respond to
any of the following minimum standards may result in disqualification of your proposal.
QUALITY REQUIREMENTS
YES
NO
1.
Proposer confirms that collection will not interfere with City’s Solid Waste Service
collections
2.
Proposer agrees to supply all collection equipment, supplies, vehicles, and staff
necessary to conduct collections
3.
Optional:
Are you a Mass. Supplier Diversity Office MBE/WBE certified minority or
woman owned business? Additional minority designations may be submitted by
attaching supporting documentation.
In order to provide verification of affirmative responses to items 1 and 2 under the quality requirements listed in
the Quality Requirements Form, Offeror must submit written information that details the general background,
experience, and qualifications of the organization. Subcontractors, if applicable, must be also included.
Form:___ CITY OF SOMERVILLE Rev. 08/01/12
Contract Number:________
Online at: www.somervillema.gov/purchasing Page 1 of 1
Non-Collusion Form and Tax Compliance Certification
Instructions: Complete each part of this two-part form and sign and date where
indicated below.
A. NON-COLLUSION FORM
I, the undersigned, hereby certify under penalties of perjury that this bid or proposal
has been made and submitted in good faith and without collusion or fraud with any other
person.
As used in this certification, the word "person" shall mean any natural person,
business, partnership, corporation, union, committee, club, or other organization, entity,
or group of individuals.
Signature: _________________________________
(Individual Submitted Bid or Proposal)
Duly Authorized
Name of Business or Entity:_________________________________________
Date: ____________________________
B. TAX COMPLIANCE CERTIFICATION
Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the
best of my knowledge and belief, I am in compliance with all laws of the Commonwealth
relating to taxes, reporting of employees and contractors, and withholding and remitting
child support, as well as paid all contributions and payments in lieu of contributions
pursuant to MGL 151A, §19A(b).
Signature: _________________________________
(Duly Authorized Representative of Vendor)
Name of Business or Entity:_________________________________________
Social Security Number or Federal Tax ID#:___________________________
Date: ____________________________
Print
Form:___ CITY OF SOMERVILLE Rev. 08/01/12
Contract Number:________
Online at: www.somervillema.gov/purchasing Page 1 of 1
Certificate of Authority
(Corporations Only)
Instructions: Complete this form and sign and date where indicated below.
1. I hereby certify that I, the undersigned, am the duly elected Clerk/Secretary of
_______________________________________________________________________.
(Insert Full Name of Corporation)
2. I hereby certify that the following individual _________________________________
(Insert the Name of Officer who Signed the Contract and Bonds)
is the duly elected___________________________________ of said Corporation.
(Insert the Title of the Officer in Line 2)
3. I hereby certify that on ___________________________________
(Insert Date: Must be on or before Date Officer Signed Contract/Bonds)
at a duly authorized meeting of the Board of Directors of said corporation, at which a
quorum was present, it was voted that
______________________________ ______________________________
(Insert Name of Officer from Line 2) (Insert Title of Officer from Line 2)
of this corporation be and hereby is authorized to make, enter into, execute, and
deliver contracts and bonds in the name and on behalf of said corporation, and
affix its Corporate Seal thereto, and such execution of any contract of obligation
in this corporation’s name and on its behalf, with or without the Corporate Seal,
shall be valid and binding upon this corporation; and that the above vote has not
been amended or rescinded and remains in full force and effect as of the date set
forth below.
4. ATTEST:
Signature: _____________________________ AFFIX CORPORATE SEAL HERE
(Clerk or Secretary)
Printed Name: _________________________
Printed Title:___________________________
Date: ____________________________
(Date Must Be on or after Date Officer Signed Contract/Bonds)
Print
Form:___ CITY OF SOMERVILLE Rev. 08/01/12
Contract Number:________
Online at: www.somervillema.gov/purchasing Page 1 of 1
Certificate of Authority
(Limited Liability Companies Only)
Instructions: Complete this form and sign and date where indicated below.
1. I, the undersigned, being a member or manager of
_______________________________________________________________________,
(Complete Name of Limited Liability Company)
a limited liability company (LLC) hereby certify as to the contents of this form for the
purpose of contracting with the City of Somerville.
2. The LLC is organized under the laws of the state of: _______________.
3. The LLC is managed by (check one) a Manager or by its Members.
4. I hereby certify that each of the following individual(s) is:
• a member/manager of the LLC;
• duly authorized to execute and deliver this contract, agreement, and/or
other legally binding documents relating to any contract and/or agreement
on behalf of the LLC;
• duly authorized to do and perform all acts and things necessary or
appropriate to carry out the terms of this contract or agreement on behalf
of the LLC; and
• that no resolution, vote, or other document or action is necessary to
establish such authority.
Name
Title
5. Signature:__________________________________________
Printed Name: __________________________________________
Printed Title:____________________________________________
Date: ____________________________
Print
Form:___ CITY OF SOMERVILLE Rev. 05/12/17
Contract Number:________
Online at: www.somervillema.gov/purchasing Page 1 of 3
SOMERVILLE LIVING WAGE ORDINANCE CERTIFICATION FORM
CITY OF SOMERVILLE CODE OF ORDINANCES SECTION 2-397 et seq
*
.
Instructions: This form shall be included in all Invitations for Bids and Requests for Proposals
which involve the furnishing of labor, time or effort (with no end product other than reports) by
vendors contracting or subcontracting with the City of Somerville, where the contract price
meets or exceeds the following dollar threshold: $10,000. If the undersigned is selected, this
form will be attached to the contract or subcontract and the certifications made herein shall be
incorporated as part of such contract or subcontract. Complete this form and sign and date
where indicated below on page 2.
Purpose: The purpose of this form is to ensure that such vendors pay a “Living Wage” (defined
below) to all covered employees (i.e., all employees except individuals in a city, state or
federally funded youth program). In the case of bids, the City will award the contract to the
lowest responsive and responsible bidder paying a Living Wage. In the case of RFP’s, the City
will select the most advantageous proposal from a responsive and responsible offeror paying a
Living Wage. In neither case, however, shall the City be under any obligation to select a bid or
proposal that exceeds the funds available for the contract.
Definition of “Living Wage”: For this contract or subcontract, as of 7/1/2017 “Living Wage”
shall be deemed to be an hourly wage of no less than $12.49 per hour. From time to time, the
Living Wage may be upwardly adjusted and amendments, if any, to the contract or subcontract
may require the payment of a higher hourly rate if a higher rate is then in effect.
CERTIFICATIONS
1. The undersigned shall pay no less than the Living Wage to all covered employees who directly
expend their time on the contract or subcontract with the City of Somerville.
2. The undersigned shall post a notice, (copy enclosed), to be furnished by the contracting City
Department, informing covered employees of the protections and obligations provided for in the
Somerville Living Wage Ordinance, and that for assistance and information, including copies of
the Ordinance, employees should contact the contracting City Department. Such notice shall be
posted in each location where services are performed by covered employees, in a conspicuous
place where notices to employees are customarily posted.
3. The undersigned shall maintain payrolls for all covered employees and basic records relating
hereto and shall preserve them for a period of three years. The records shall contain the name and
address of each employee, the number of hours worked, the gross wages, a copy of the social
*
Copies of the Ordinance are available upon request to the Purchasing Department.
Form:___ CITY OF SOMERVILLE Rev. 05/12/17
Contract Number:________
Online at: www.somervillema.gov/purchasing Page 2 of 3
security returns, and evidence of payment thereof and such other data as may be required by the
contracting City Department from time to time.
4. The undersigned shall submit payroll records to the City upon request and, if the City receives
information of possible noncompliance with the provisions the Somerville Living Wage
Ordinance, the undersigned shall permit City representatives to observe work being performed at
the work site, to interview employees, and to examine the books and records relating to the
payrolls being investigated to determine payment of wages.
5. The undersigned shall not fund wage increases required by the Somerville Living Wage
Ordinance by reducing the health insurance benefits of any of its employees.
6. The undersigned agrees that the penalties and relief set forth in the Somerville Living Wage
Ordinance shall be in addition to the rights and remedies set forth in the contract and/or
subcontract.
CERTIFIED BY:
Signature: _________________________________
(Duly Authorized Representative of Vendor)
Title: ______________________________
Name of Vendor:_________________________________________
Date: ____________________________
Form:___ CITY OF SOMERVILLE Rev. 05/12/17
Contract Number:________
Online at: www.somervillema.gov/purchasing Page 3 of 3
INSTRUCTIONS: PLEASE POST
NOTICE TO ALL EMPLOYEES
REGARDING PAYMENT OF LIVING WAGE
Under the Somerville, Massachusetts’ Living Wage Ordinance (Ordinance No. 1999-1),
any person or entity who has entered into a contract with the City of Somerville is required to
pay its employees who are involved in providing services to the City of Somerville no less than a
“Living Wage”.
The Living Wage as of 7/1/2017 is $12.49 per hour. The only employees who are not
covered by the Living Wage Ordinance are individuals in a Youth Program. “Youth Program” as
defined in the Ordinance, “means any city, state or federally funded program which employs
youth, as defined by city, state or federal guidelines, during the summer, or as part of a school to
work program, or in any other related seasonal or part-time program.”
For assistance and information regarding the protections and obligations provided for in
the Living Wage Ordinance and/or a copy of the Living Wage Ordinance, all employees should
contact the City of Somerville’s Purchasing Department directly.
Form W-9
(Rev. December 2014)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Print or type
See Specific Instructions on page 2.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)
▶
Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for
the tax classification of the single-member owner.
Other (see instructions)
▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.)
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sign
Here
Signature of
U.S. person
▶
Date
▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.irs.gov/fw9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number (SSN), individual taxpayer identification
number (ITIN), adoption taxpayer identification number (ATIN), or employer
identification number (EIN), to report on an information return the amount paid to
you, or other amount reportable on an information return. Examples of information
returns include, but are not limited to, the following:
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T
(tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject
to backup withholding. See What is backup withholding? on page 2.
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further information.
Cat. No. 10231X
Form W-9 (Rev. 12-2014)
INSURANCE SPECIFICATIONS
INSURANCE REQUIREMENTS FOR AWARDED VENDOR ONLY:
Prior to commencing performance of any work or supplying materials or equipment covered by
these specifications, the contractor shall furnish to the Office of the Purchasing Director a
Certificate of Insurance evidencing the following:
A. GENERAL LIABILITY - Comprehensive Form
Bodily Injury Liability.....…......$ One Million
Property Damage Liability........$ One Million
B. COVERAGE FOR PAYMENT OF WORKER'S COMPENSATION BENEFIT
PURSUANT TO CHAPTER 152 OF THE MASSACHUSETTS GENERAL LAWS IN
THE AMOUNT AS LISTED BELOW:
WORKER'S COMPENSATION.…............$Statutory
EMPLOYERS' LIABILITY..….......…….$ Statutory
C. AUTOMOBILE LIABILITY INSURANCE AS LISTED BELOW:
BODILY INJURY LIABILITY..........$ STATUTORY
l. A contract will not be executed unless a certificate (s) of insurance evidencing above-
described coverage is attached.
2. Failure to have the above-described coverage in effect during the entire period of the
contract shall be deemed to be a breach of the contract.
3. All applicable insurance policies shall read:
"CITY OF SOMERVILLE" as a certificate holder and as an additional insured for
general liability only along with a description of operation in the space provided on the
certificate.
Certificate Should Be Made Out To:
City Of Somerville
Purchasing Department
93 Highland Avenue
Somerville, Ma. 02143
Note: If your insurance expires during the life of this contract, you shall be responsible to
submit a new certificate(s) covering the period of the contract. No payment will be made
on a contract with an expired insurance certificate.
CERTIFICATE HOLDER
© 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
LOC
JECT
PRO-
POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
PREMISES (Ea occurrence)
$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $
UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
WC STATU-
TORY LIMITS
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
$
$
$
$
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
ADD "X" HERETO CERTIFY
THAT THE CITY OF
SOMERVILLE IS AN
ADDITIONAL INSURED
DESCRIPTION OF PROJECT, SOLICITATION
NUMBER AND THAT THE CITY OF SOMERVILLE
IS A CERTIFICATE HOLDER AND ADDITIONAL
INSURED
CERTIFICATES SHOULD BE MADE OUT
TO:
CITY OF SOMERVILLE
c/o PURCHASING DEPARTMENT
93 HIGHLAND AVE
SOMERVILLE, MA 02143
CERTIFICATE OF GOOD STANDING
TO: Vendor
FROM: Purchasing Department
RE: CERTIFICATE OF GOOD STANDING
The Awarded Vendor must comply with our request for a CURRENT “Certificate of Good
Standing”.
If you require information on how to obtain the “Certificate of Good Standing” or Certificate
of Registration (Foreign Corporations) from the Commonwealth of Massachusetts, please call the
Secretary of State’s Office at (617) 727-2850 (Press #1) located at One (1) Ashburton Place, 17
th
Floor,
Boston, MA 02133 or you may access their web site at:
http://corp.sec.state.ma.us/CorpWeb/Certificates/CertificateOrderForm.aspx
If your company is incorporated outside of Massachusetts and therefore is a “foreign
corporation”, but is registered to do business in Massachusetts, please comply with our request for the
Certificate of Registration from the Commonwealth of Massachusetts. If your company is a foreign
corporation, but is not registered to do business in Massachusetts, please provide the Certificate of
Good Standing from your state of incorporation.
Please note that without the above certificate (s), the City of Somerville cannot execute your
contract.
IMPORTANT NOTICE
Requests for Certificates of Good Standing by mail may take a substantial amount of time. A
certificate may be obtained immediately in person at the Secretary’s Office at the address above. Also,
at this time, the Secretary of State’s Office may not have your current annual report recorded. If this is
the case, and you are therefore unable to obtain the Certificate of Good Standing, please forward a copy
of your annual report filing fee check with your signed contracts. Please forward your original
Certificate of Good Standing to the Purchasing Department upon receipt.
Thank You,
Purchasing Director
RFP # 18-11
SECTION 4.0
PRICING
By signing this Price Form, the Proposer certifies the following bulleted statements and offers to supply and
deliver the materials and services specified below in full accordance with the Contract Documents supplied by
the City of Somerville entitled: Textile Recycling Collection Services
The proposals will be received at the office of the Purchasing Director, Somerville City Hall, 93 Highland
Avenue, Somerville, MA 02143 no later than 9/19/2017 by 11AM EST
If the awarded vendor is a Corporation a “Certificate of Good Standing” (produced by the Mass. Sec. of
State) must be furnished with the resulting contract (see Section 3.0.)
Awarded Vendor must comply with Living Wage requirements (see Section 3.0; only for services)
Awarded Vendor must comply with insurance requirements as stated in Section 3.0.
The Purchasing Director reserves the right to accept or reject any or all proposals and/or to waive any
informalities if in her/his sole judgment it is deemed to be in the best interest of the City of Somerville.
The following prices shall include delivery, the cost of fuel, the cost of labor, and all other charges.
This form to be enclosed in sealed proposal package.
Provide a proposed reimbursement schedule to the City for city support to assist in the delivery of the
scope of services. Describe revenue percentage and how revenue will be calculated and provided;
describe costs, if any, to provide the drop box(es). Define how textiles are to be resold, and markets used
in for resale of the products. Attach your proposed reimbursement schedule and narrative to this
document.
Name of Company/Individual:
Address, City, State, Zip:
Tel #
Email:
Signature of Authorized
Individual
Please acknowledge receipt of any and all Addenda (if applicable) by signing below and including this form in your proposal
package. Failure to do so may subject the proposer to disqualification.
ACKNOWLEDGEMENT OF ADDENDA:
Addendum #1 ____ #2 ____ #3____ #4____ #5____ #6____ #7____ #8____ #9____ #10____
APPENDIX A
City’s General Terms and Conditions
Approved 8/27/2015 - Page 1 of 4
CITY OF SOMERVILLE STANDARD CONTRACT GENERAL CONDITIONS
1. Definitions
“City” shall mean the City of Somerville, Massachusetts.
“Contract” and “Contract Documents” shall include the following documents, as applicable: City’s Standard Contract Form; these Standard
Contract General Conditions; City’s Invitation for Bids, Request for Proposals, Request for Quotation, or other solicitation; the Vendor’s response
to the City’s solicitation document including certifications but excluding any language stricken by City as unacceptable. Appendices are made an
integral part of this Contract. The Contract documents are to be read collectively and complementary to one another; any requirement under one
shall be as binding as if required by all. In the event of any conflict or inconsistency between the provisions of the City’s Standard Contract Form or
these Standard Contract General Conditions and any other Contract Documents or appendices, the provisions of the City’s Standard Contract
Form and/or these Standard Contract General Conditions shall prevail. In the event of any conflict or inconsistency between the Contract
Documents and any applicable state law, the applicable state law shall prevail.
“Certify” or “Certifies” shall mean that the Vendor certifies under pains and penalties of perjury to the statement referenced.
“Vendor” shall mean the individual, corporation, partnership, or other entity which is a party to this Contract.
2. Performance; Time
The Vendor shall perform in accordance with all provisions of this Contract in a manner satisfactory to the City. The Vendor’s performance shall
be timely and meet or exceed industry standards for the performance required. It is understood and agreed that all specified times or periods of
performance are of the essence of this Contract.
3. Acceptance of Goods or Services
Performance under this Contract shall include services rendered, obligations due, costs incurred, goods and deliverables provided and accepted
by the City. The City shall have a reasonable opportunity to inspect all goods and deliverables, services performed by, and work product of the
Vendor, and accept or reject same.
4. Compensation
The City shall pay in full and complete compensation for goods received and accepted and services performed and accepted under this Contract
in an amount not to exceed the amount stated on the face of this Contract paid in accordance with the rate indicated or in accordance with a
prescribed payment schedule.
The Vendor shall periodically submit invoices to the City, for which compensation is due under this Contract and requesting payment for goods
received or services rendered by the Vendor during the period covered by the invoice. The invoice must agree to the rates/payment schedule as
indicated in this contract. The invoice shall include the following information: vendor name, vendor remit address, invoice date, invoice number,
itemized listing of goods, services, labor, and expenses and indicating the total amount due. The City shall review the invoice and determine the
value of goods or services accepted by the City in accordance with the Contract Documents. Payments due to the Vendor will be made within
sixty (60) days from receipt and approval of an invoice. Final invoices from the Vendor are due no later than ninety (90) days from the Completion
Date. Any invoice received past the ninety (90) day date will not be paid. If this Contract is extended, invoices related to the extension period are
due no later than ninety (90) days from the Extended Completion Date.
The Vendor shall furnish such information relating to the goods or services or to documentation of labor or expenses as may be requested by the
City. Acceptance by the Vendor of any payment or partial payment, without any written objection by the Vendor, shall in each instance operate as
a release and discharge of the City from all claims, liabilities, or other obligations relating to the performance of this Contract.
In case of an error in extension prices quoted herein, the unit price will govern (Applicable To Goods Only).
5. Release of City on Final Payment
Acceptance by the Vendor of payment from the City for final delivery of goods or rendering of services under this Contract shall be deemed to
release forever the City from all claims and liabilities, except those which the Vendor notifies the City in writing within three (3) months after such
payment.
6. Risk of Loss
The Vendor shall bear the risk of loss, for any cause, for any Vendor materials used for this Contract and for all goods, deliverables, and work in
process, until possession, ownership, and full legal title to the goods and deliverables are transferred to and accepted by the City.
The Vendor shall pay and be exclusively responsible for all debts for labor and material contracted for by the Vendor for the rental of any
appliance or equipment hired by Vendor and/or for any expense incurred on account of services to be performed or goods delivered under this
Contract.
The City shall not be liable for any personal injury or death of the Vendor, its officers, employees, or agents.
7. Indemnification
The Vendor shall indemnify, defend (with counsel acceptable to City, which acceptance shall not be unreasonably withheld), and hold harmless
the City of Somerville, its officers, employees, agents and representatives from and against any and all claims, suits, liabilities, losses, damages,
costs or expenses (including judgments, costs, interest, attorney’s fees and expert’s fees) arising from or in connection with any act or omission
relating in any way to the performance of this Contract by the Vendor, its agents, officers, employees, or subcontractors.
The extent of this indemnification shall not be limited by any obligation or any term or condition of any insurance policy. The obligations set forth in
this paragraph shall survive the expiration or termination of this Agreement.
Approved 8/27/2015 - Page 2 of 4
8. Default; Termination; Remedies
A. Events of Default
The following shall constitute events of default under this Contract: (1) The Vendor has made any material misrepresentation to the City; or (2) a
judgment or decree is entered against the Vendor approving a petition for an arrangement, liquidation, dissolution or similar relief relating to
bankruptcy or insolvency; or (3) the Vendor files a voluntary petition in bankruptcy or any petition or answer seeking any arrangement, liquidation
or dissolution relating to bankruptcy, insolvency or other relief for debtors; or (4) the Vendor seeks or consents or acquiesces in the appointment of
any trustee or receiver, or is the subject of any other proceeding under which a court assumes custody or control over the Vendor or of any of the
Vendor's property; or (5) the Vendor becomes the defendant in a levy of an attachment or execution, or a debtor in an assignment for the benefit
of creditors; or (6) the Vendor is involved in a winding up or dissolution of its corporate structure; or (7) any failure by the Vendor to perform any of
its obligations under this Contract, including, but not limited to, the following: (i) failure to commence performance of this Contract at the time
specified in this Contract due to a reason or circumstance within the Vendor’s reasonable control, (ii) failure to perform this Contract with sufficient
personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or
circumstance within the Vendor’s reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the City, (iv) failure
to promptly re-perform within reasonable time the Services or Supplies that were properly rejected by the City as erroneous or unsatisfactory, (v)
discontinuance of the Services or Supplies for reasons not beyond the Vendor’s reasonable control, (vi) failure to comply with a material term of
this Contract, including, but not limited to, the provision of insurance and nondiscrimination; or (8) any other acts specifically and expressly stated
in this Contract as constituting a basis for termination of this Contract.
B. Termination Upon Default.
In the event of a default by the Vendor, the City, acting through its Chief Procurement Officer, may, at its option, terminate this Contract
immediately by written notice of termination specifying the termination date.
Notwithstanding the above, in the event of a default by the Vendor, the City, acting through its Chief Procurement Officer, may give notice in
writing of a default, which notice shall set forth the nature of the default and shall set a date, by which the Vendor shall cure the default, subject to
approval of the City.
If the Vendor fails to cure the default, the City, in the alternative, may make any reasonable purchase or contract to acquire goods or services in
substitution for those due from Vendor. The City may deduct the cost of any substitute contract or nonperformance together with incidental and
consequential damages from the Contract price and shall withhold such damages form sums due or to become due to the Vendor. If the damages
sustained by the City exceeds sums due or to become due, the Vendor shall pay the difference to the City upon demand.
Upon immediate notification to the other party, neither the City nor the Vendor shall be deemed to be in default for failure or delay in performance
due to Acts of God or other causes factually beyond their control and without their fault or negligence. Subcontractor failure to perform or price
increases due to market fluctuations or product availability will not be deemed factually beyond the Contractor's control. The City retains all rights
and remedies at law or in equity.
If the Vendor fails to cure the default within the time as may be required by the notice, the City, acting through its Chief Procurement Officer, may,
at its option terminate the Contract.
The parties agree that if City erroneously or unjustifiably terminates this Contract for cause, such termination shall be deemed a termination for
convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided.
C. Termination For Convenience.
Notwithstanding any language to the contrary within this Contract, the City, acting through its Chief Procurement Officer, may terminate this
Contract, without cause at any time, effective upon the termination date stated in the notice of termination. In the event of termination for
convenience, the Vendor shall be entitled to be paid for goods delivered and accepted and services rendered and accepted prior to notice of
termination at the prices stated in the Contract, subject to offset of sums due the Vendor against sums owed by the Vendor to the City. Any goods
or services delivered after notification of termination but prior to the effective termination date must be approved in writing in advance by the City in
order to be eligible for payment. In no event shall the Vendor be entitled to be paid for any goods or services delivered after the effective date of
termination. The Vendor shall be entitled to no other compensation of any type. In no case shall a Vendor be entitled to lost profits.
D. Obligations Upon Termination.
Upon termination of this Contract with or without cause, the Vendor shall immediately, unless otherwise directed by the City: 1. cease
performance upon the stated termination date; 2. surrender to the City the Vendor’s work product, which is deliverable under the Contract,
whatever its state of completion; and 3. return all tools, equipment, finished or unfinished documents, data, studies, reports, correspondence,
drawings, plans, models, or any other items whatsoever prepared by the Vendor pursuant to this Contract, which shall become property of the
City, or belonging to or supplied by the City.
E. Rights and Remedies.
The City shall have the right to: a) disallow all or any part of the Vendor's invoices not in material compliance with this Contract; b) temporarily
withhold payment pending correction by the Vendor of any deficiency; c) sue for specific performance or money damages or both, including
reasonable attorneys' fees and costs incurred in enforcing any Vendor obligations hereunder; d) pursue remedies under any bond provided; and e)
pursue such other local, state and federal actions and remedies as may be available to the City.
Any termination shall not effect or terminate any of the rights or remedies of the City as against the Vendor then existing, or which may accrue
because of any default. No remedy referred to in this subsection is intended to be exclusive, but shall be cumulative, and in addition to any other
remedy referred to above or otherwise available to the City or Vendor at law or in equity. The Vendor shall not gain nor assert any right, title or
interest in any product produced by the Vendor under this Contract.
9. Insurance
The Vendor shall comply with all insurance requirements set out in the Contract Documents. The Vendor shall deliver to the City new certificates
of insurance at least ten (10) calendar days prior to expiration of the prior insurance and shall furnish the City with the name, business address
and telephone number of the insurance agent. Vendor certifies compliance with applicable state and federal employment laws or regulations
including but not limited to G.L. c. 152 (Workers’ Compensation), as applicable, and Vendor shall provide City with acceptable evidence of
compliance with the insurance requirements of this chapter.
10. Governing Law; Forum
This Contract shall be governed by the laws of the Commonwealth of Massachusetts. Any action arising out of this Contract shall be brought and
Approved 8/27/2015 - Page 3 of 4
maintained in a state or federal court in Massachusetts which shall have exclusive jurisdiction thereof.
11. Complete Agreement
This Contract supersedes all prior agreements and understandings between the parties and may not be changed unless mutually agreed upon in
writing by both parties.
12. Amendment
No amendment to this Contract shall be effective unless it is signed by the authorized representatives of all parties and complies with all
requirements of the law. All alterations or additions, material or otherwise, to the terms and conditions of this Contract must be in writing and
signed by the City, as set forth in the below section, and the Vendor.
13. Conditions of Enforceability Against the City
This Contract is only binding upon, and enforceable against, the City if: (1) the Contract is signed by the Mayor; (2) endorsed with approval by the
City Auditor as to appropriation or availability of funds; (3) endorsed with approval by the City Solicitor as to form; and (4) funding is appropriated
for this Contract or otherwise made available to the City.
This Contract and payments hereunder are subject to the availability of an appropriation therefor. Any oral or written representations,
commitments, or assurances made by any City representatives are not binding. Vendors should verify funding and contract execution prior to
beginning performance.
When the amount of the City Auditor’s certification of available funds is less than the face amount of the Contract, the City shall not be liable for
any claims or requests for payment by Vendor which would cause total claims or payments under this Contract to exceed the amount so certified.
The City’s Standard Contract Form and Standard Contract General Conditions shall supersede any conflicting verbal or written agreements or
forms relating to the performance of this Contract, including contract forms, purchase orders, or invoices of the Vendor.
The City shall have no legal obligation to compensate a Vendor for performance that is outside the scope of this Contract. The City shall make no
payment prior to the execution of a Contract.
14. Taxes
Purchases incurred by the City are exempt from Federal Excise Taxes and Massachusetts Sales Tax, and prices must exclude any such taxes.
Tax Exemption Certificates will be furnished upon request. The City of Somerville's Massachusetts Tax Exempt Number is: MO46 001 414.
15. Independent Contractor
The Vendor is an independent contractor and is not an employee, agent or representative of the City. The City shall not be obligated under any
contract, subcontract, or commitment made by the Vendor.
16. Assignment; Sub-Contract
The Vendor shall not assign, delegate, subcontract, or transfer this Contract or any interest herein, without the prior written consent of the City.
17. Discrimination
The Vendor agrees to comply with all applicable laws prohibiting discrimination in employment. The Vendor agrees that it shall be a material
breach of this Contract for the Vendor to engage in any practice which shall violate any provision of G.L. c. 151B, relative to discrimination in
hiring, discharge, compensation or terms, conditions or privileges of employment because of race, color, religious creed, national origin, sex,
sexual orientation, age, or ancestry.
18. Waiver
All duties and obligations contained in this Contract can only be waived by written agreement. Forbearance or indulgence in any form or manner
by a party shall not be construed as a waiver, nor in any way limit the legal or equitable remedies available to said party.
19. Severability
In the event that any provision of this Contract shall be held to be illegal, unenforceable or void, such provision shall be severed from this Contract
and the entire Contract shall not fail on account thereof, but otherwise remain in full force and effect and shall be enforced to the fullest extent
permitted by law.
20. Notice
The parties shall give notice in writing by one of the following methods: (i) hand-delivery; (ii) facsimile; (iii) certified mail, return receipt requested;
or (iv) or overnight delivery service, to the Vendor at the contact information specified on the face of this Contract; to the City addressed to:
Purchasing Director, Somerville City Hall, 93 Highland Avenue, Somerville, MA 02143, Fax # 617-625-1344 with a copy to: City Solicitor, City
Hall, 93 Highland Avenue, Somerville, MA 02143. Notice shall be effective on the earlier of (i) the day of actual receipt, or (ii) one day after tender
of delivery.
21. Captions
The captions of the sections in this Contract are for convenience and reference only and in no way define, limit or affect the scope or substance of
any section of this Contract.
22. Non-Collusion
This Contract was made without collusion or fraud with any other person and was in all respects bona fide and fair. As used in this paragraph, the
word, "person," shall mean any natural person, joint venture, partnership, corporation, or other business or legal entity. The Vendor certifies under
penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As
used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other
organization, entity, or group of individuals.
23. Tax and Contributions Compliance
Approved 8/27/2015 - Page 4 of 4
The Vendor certifies, under pains and penalties of perjury, in accordance with MGL c. 62C, s. 49A, that the Vendor is in full compliance with all
laws of the Commonwealth of Massachusetts relating to taxes, is in good standing with respect to all returns due and taxes payable to the
Commonwealth, reporting of employees and contractors, and withholding and remitting of child support and to contributions and payments in lieu
of taxes. In the event that the City is notified by the IRS that the TIN provided by the vendor and the vendor name as recognized by the IRS do
not match their records, the vendor is responsible for all penalties.
24. Municipal Taxes, Charges and Liens
The Vendor certifies that it has paid all accounts receivable owed to the City of Somerville, including but not limited to real estate, personal
property or excise tax, parking fines, water/sewer charges, license/permit fees, fines and/or any other municipal lien charges due to the City of
Somerville. Pursuant to MGL c. 60, s. 93, the Vendor agrees that the Collector/Treasurer of the City may withhold from amounts owing and
payable to the Vendor under this Contract any sums owed to any department or agency of the City which remain wholly or partially unpaid. This
shall include but not be limited to unpaid taxes and assessments, police details, and any other fees and charges until such sums owed have been
fully paid, and the Collector/Treasurer may apply any amount owing and payable to the Vendor to satisfy any monies owed to the City.
25. Compliance with Applicable Laws
The Vendor shall comply with all applicable federal and state laws, and city ordinances and regulations, which in any manner affect performance
of this Contract. The Vendor shall defend, indemnify, and hold harmless the City, its officers, agents and employees against any claim or liability
arising from or based on the violations of such ordinances, regulations or laws, caused by the negligent actions of the Vendor, its agents,
employees or subcontractors.
26. Conflict of Interest
The Vendor certifies that no official or employee of the City has a financial interest in this Contract or in the expected profits to arise therefrom,
unless there has been compliance with the provisions of G. L. c. 43, § 27 (Interest in Public Contracts by Public Employees), and G. L. c. 268A
(Conflict of Interest). The Vendor certifies that it has reviewed the Massachusetts Conflict of Interest Law, MGL c. 268A and at any time during the
term of this Contract, the Vendor is required to affirmatively disclose in writing to the City the details of any potential conflicts of interest of which
the Vendor has knowledge or learns of during the Contract term.
27. Licenses and Permits
The Vendor certifies that it is qualified to perform the Contract and shall obtain and possess at its sole expense, all necessary licenses, permits, or
other authorizations required by the City, the Commonwealth of Massachusetts or any other governmental agency, for any activity under this
Contract. The Vendor shall submit copies of such licenses and/or permits to the City upon request If a business, the Vendor certifies that it is a
duly organized and validly existing entity, licensed to do business in Massachusetts, in good standing in the Commonwealth of Massachusetts,
with full power and authority to consummate the Contract, and listed under the Commonwealth of Massachusetts Secretary of State’s website as
required by law.
28. Recordkeeping, Audit, and Inspection of Records All records, work papers, reports, questionnaires, work product, regardless of its
medium, prepared or collected by the Vendor in the course of completing the work to be performed under this Contract shall at all times be the
exclusive property of the City. In the event of termination or upon expiration of the Contract, the Contractor shall promptly deliver to the City all
documents, work papers, calculations, data, drawings, plans, and other tangible work product or materials pertaining to the services performed
under this Contract, in both a physical format and electronic format. The electronic format shall be either Comma Separated Values (CSV) files
along with the mapping information for each field, or Microsoft SQL (2005/2008) database with all associated Database Schemas, or such other
electronic format(s) acceptable to the city. At no additional cost to the City, the Contractor shall store and preserve such records while in their
possession in accordance with the requirements of the Massachusetts Public Records Law, the Commonwealth of Massachusetts record retention
schedule and City of Somerville record retention schedule. The City shall have the right to at reasonable times and upon reasonable notice to
examine and copy, at its reasonable expense, the books, records, and other compilations of data of the Vendor which relates to the provision of
services under this Contract. Such access shall include on-site audits, review, and copying of said records.
29. Debarment or Suspension
The Vendor certifies that it has not been and currently is not debarred or suspended by any federal, state, or municipal governmental agency
under G. L. c. 29, § 29F or other applicable law, nor will it contract with a debarred or suspended subcontractor on any public contract.
30. Warranties (Applicable to Goods Only)
The Vendor warrants that (1) the goods sold are merchantable, (2) that they are fit for the purpose for which they are being purchased, (3) that
they are absent any latent defects and (4) that they are in conformity with any sample which may have been presented to the City. The Vendor
guarantees that upon inspection, any defective or inferior goods shall be replaced without additional cost to the City. The Vendor will assume any
additional cost accrued by the City due to the defective or inferior goods. The Vendor guarantees all goods for a period of no less than one (1)
year, unless a greater period of time is specified in the Contract Documents.
APPENDIX B
Daily Trash/Recycling Routes
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RFP 18-11 Textile Recycling Collection Services (City of Somerville)

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Completed 5 August 2020

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