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2018-03-08 Special Meeting Kodiak Island Borough Assembly Special Meeting Agenda Thursday, March 8, 2018, SCHOOL DISTRICT CONFERENCE ROOM, 9:30 p.m. This meeting was called by the Assembly. Page 1. ROLL CALL 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION - Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026 To Review Proposals And Tabulations. This Qualifies For Executive Session As It Is A Matter Which By KIBC 3.30.110 Requires To Be Confidential - All Proposals And Tabulations Of RFPs Shall Be Open To Public Inspection Only After The Contract Award. 2 - 148 B. Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018- 2026. Output Document (AS - 0758) - Pdf 2018-03-05 Sam Rohrer Procument Process 2018-02-14 Sam Rohrer- Letter to Borough Assembly 4. ADJOURNMENT Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 1 of 148 AGENDA ITEM #3.B. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 8, 2018 ASSEMBLY SPECIAL MEETING Contract No. FY2018-07 Solid Waste Collection Services Contract for the SUBJECT: Kodiak Island Borough for Fiscal Years 2018-2026. ORIGINATOR: Bob Tucker RECOMMENDATION: THE MOTION IS ON THE FLOOR WHICH IS TO: "Move to authorize the Manager to execute Contract No. FY2018-07 Solid Waste Collection Services Contract with Alaska Waste of Alaska Inc. for the Kodiak Island Borough for Fiscal Years 2018-2026." DISCUSSION: This item was postponed from the February 15, 2018 regular meeting to the March 8, 2018 special meeting. A Request for Proposal (RFP) for the Solid Waste Collection Services Contract for the Kodiak Island Borough for fiscal years 2017-2021 was issued on March 15, 2017, and proposals were due and opened on June 8, 2017. This contract is for the Solid Waste Collections Contract. The scope of work is for the collection and removal of solid waste both residential and commercial to be disposed of at the Kodiak Island Two proposals were received one from, Alaska Waste of Alaska Inc. Anchorage, AK. and another from Emerald Sanitation Inc, Kodiak, AK. The RFP submissions were reviewed and evaluated by three Borough employees and one outside representative of CH2MHILL. The review team reviewed the Qualification and references, Safety, Litigation, Regulations and Liability, and Contract Exceptions. Per KIBC 3.16.110 Competitive sealed proposals - negotiated procurement. D. Proposals shall be received at the time and place designated in the request for proposals and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals and tabulations thereof shall be open to public inspection only after the contract award. After careful review the selection team unanimously concurred that Alaska Waste was the more beneficial proposal for the Kodiak Island Borough for the following reasons. Alaska Waste of Alaska Inc. residential and commercial rates where substantially lower than the other proposal, Alaska e other proposal. These were the top 2 reasoning from the team for the selection of Alaska Waste of Alaska. The Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. Staff is recommending the award of this Contract to Alaska Waste of Alaska Inc. Anchorage, AK. Kodiak Island Borough Page 2 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 8, 2018 ASSEMBLY SPECIAL MEETING ALTERNATIVES: Take no action or reject all proposals. Neither of these are recommended as the proposed contract amount seems to be reasonable compared to other years. FISCAL IMPACT: Funding for this contract comes from Solid Waste Enterprise Fund. The Revenue would then be paid back through the collection rates set by the Assembly each year. OTHER INFORMATION: Kodiak Island Borough Page 3 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. KODIAK ISLAND BOROUGH, ALASKA REQUEST FOR PROPOSALS FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES March 2017 For More Information Contact: Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Phone: 907-486-9343 By Fax or Email Only after RFP is Released: 907-486-9394 or btucker@kodiakak.us 1COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 4 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. KODIAK ISLAND BOROUGH RFP FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES TABLE OF CONTENTS Contents Page SOLID WASTE AND RECYCLING.............................................................................................2 COLLECTION SERVICES............................................................................................................2 1.0General Information.............................................................................................................4 2.0Scope of Services.................................................................................................................4 2.1Solid Waste Collection Service.......................................................................................5 2.1.1Residential Roll Cart and Dumpster/Roll Off Service................................................5 2.1.2Commercial Dumpster (Front Load) Service..............................................................6 2.1.3Roll Off (Drop Box) Service.......................................................................................6 2.2Potential Future Recyclables Processing and Other Recycling Services........................6 2.2.1Recyclables Processing................................................................................................7 2.2.2Central Recyclables Processing Facility......................................................................8 2.2.3Recycling Drop-off Centers.........................................................................................8 2.2.4Recyclables Collection Service....................................................................................8 2.2.5Community Outreach and Education...........................................................................8 2.2.6Recyclables from KIB Landfill....................................................................................9 2.2.7Quarterly Quantity Benchmark Submittal and Presentation to the KIB Assembly......9 2.2.8Future Recycling Options............................................................................................9 2.2.9Payment and Reporting..............................................................................................10 2.3Customer Service...........................................................................................................11 2.4Disposal.........................................................................................................................11 2.5Service Invoicing...........................................................................................................11 2.6Borough’s Options.........................................................................................................12 2.7Proposer Responsibilities...............................................................................................12 2.8Consequence of Submission of Proposal.......................................................................13 2.9Proposal Costs...............................................................................................................13 2.10Procurement Schedule...................................................................................................14 2.11Process Integrity Guidelines..........................................................................................14 3.0Background Information....................................................................................................16 3.1Geographic and Demographic Information...................................................................16 3.2Residential Solid Waste Collection...............................................................................17 3.3Recycling Collections and Processing...........................................................................17 3.4Current Commercial Solid Waste Collection Service and Amounts Collected............18 4.0Required Information.........................................................................................................18 5.0Process and Methodology..................................................................................................23 5.1Written Questions..........................................................................................................23 5.2Proposal Submission......................................................................................................24 5.3Clarification/Interviews.................................................................................................24 2COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 5 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 5.4Minimum Content Requirements..................................................................................24 5.5Accuracy in Reporting Requested Information.............................................................25 5.6Evaluation Procedure.....................................................................................................25 5.7Evaluation and Selection Methodology.........................................................................26 5.8Contract Award..............................................................................................................26 APPENDIX A – SAMPLE COMMERCIAL COLLECTION CONTRACT...............................27 APPENDIX B – CURRENT ACCOUNT DATA, PER-TON DISPOSAL RATE, AND COLLECTION RATES.................................................................................................................28 APPENDIX C – RATE PROPOSAL FORMS AND CUSTOMER LIST....................................31 3COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 6 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 1.0General Information The Kodiak Island Borough (KIB) is seeking a qualified contractor to provide solid waste collection and recycling services after the expiration of the Borough’s existing collection contract. The KIB plans to execute a new 7 year service agreement by October 5, 2017. In conjunction with the procurement of collection services, the KIB has developed a Solid Waste Management Plan (SWMP). The SWMP details all the system background information of the KIB as well as the strategic approach adopted by the Borough Assembly for managing waste over the next twenty years. IT IS STRONGLY RECOMMENDED THAT ANY POTENTIAL PROPOSER REVIEW THE SWMP PRIOR TO THE SUBMISSION OF THEIR PROPOSAL. The SWMP can be accessed at the Borough’s website (www.kodiakak.us). Proposals will be due on June 8, 2017. The Request for Proposals (RFP), Draft Agreement, and any Addenda will be posted on the Borough's website. Note that the SWMP calls future collection of recycling; however, the specific details for the recycling program are currently being developed by the Borough. The KIB retains the right to change the scope of services and add regular collection of residential and commercial recycling. In addition, other background information is posted on the website. If you have any problems reading the files on the website, please email the Borough’s Engineering and Facilities Director Robert Tucker at btucker@kodiakak.us or fax him at 907-486-9394 to have a copy forwarded to you in a compatible format. Proposers are encouraged to check the website at least weekly from the release of the RFP until the final award of contract(s) by the Borough Assembly. The KIB will post any Addenda on the website as they are issued and Borough staff will email all procurement documents to firms that have officially expressed interest in participating in this procurement process. If you have not already officially expressed such interest, please email Mr. Tucker at btucker@kodiakak.us to submit the appropriate form to make sure that you are fully involved in this process. 2.0Scope of Services The KIB has adopted the following objectives, which will be used as selection criteria with respect to this RFP process, and shall serve as the overarching goals of resulting service agreements: Provision of safe and reliable service at a competitive price; Minimization of the administrative burden on KIB staff; and, Collaboration with the KIB to solve challenges posed by solid waste and recycling services. Below is a summary of the scope of services. These services are more fully described in the Draft Contract in Appendix A. In the event that there is a conflict between the summary below and Appendix A, Appendix A shall take precedence over this summary. 4COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 7 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. The scope of services include two main types of services: (1) solid waste collection; and (2) future recyclables processing and other recycling services. This RFP process will result in the award of a contract for the provision of solid waste collection and disposal services only, and any services related to recycling are purely speculative. 2.1Solid Waste Collection Service Contractor will provide collection service to residential and commercial customers. Roll carts and Dumpsters currently in use will be available to the contractor to use in providing service: contractor will be responsible for providing roll-offs, and will be responsible for maintenance and replacement of roll carts, dumpsters, and roll-offs throughout the term of this contract. At the end of the contract term, Contractor will be obligated to enter into negotiations with KIB to sell or lease all or a portion of roll carts and dumpsters in service to KIB for no more than fair market value. 2.1.1Residential Roll Cart and Dumpster/Roll Off Service Contractor will provide roll cart service to every single-family household for solid waste within the roll cart areas, and provide roll off or dumpster service in the areas outside the roll cart areas. Currently, the majority of the containers outside the cart area are 20 cy roll-offs, with a few dumpsters in areas with space constraints (see listing in Appendix B). All containers in the bear aware areas shall be bear-resistant. A map of the bear aware areas is provided on the website. Businesses and multi-family dwellings that generate small quantities of waste that opt for a cart will also be serviced. Contractor will ensure that all containers are labeled with applicable policies and use instructions approved by the KIB for any new cart user. Basic operating instructions will be hot stamped onto carts. Any new or replacement roll carts provided shall be warranted for 10 years of service. Currently, roll carts in service are a mix of 32-, 65-, and 96-gallon sizes and residents are currently charged rates according to container size. Respondents should provide a single monthly rate that would be paid by all residential customers (for weekly service of a roll cart of any size or roll-off/dumpster service) with those rates to go in effect on the day that service commences. At that time, residents with roll cart service may request a change in cart size to either a 65- or 96-gallon cart. Thereafter, residents will be allowed to change their cart size at no charge at least once per year. Multi-family (apartment) complexes will receive commercial container service from the contractor with one exception. Multi-family complexes with 5 or less units (apartment dwellings) will be eligible for roll cart service; however, complexes with greater than 5 units will be required to obtain container service from the contractor if space for container storage is available. 5COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 8 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Garbage will be collected weekly. Routing of collection vehicles should maintain existing route schedules; however, route days may be changed for some customers if meaningful efficiencies can be achieved. A map of the existing refuse route days is posted on the Borough’s website. 2.1.2Commercial Dumpster (Front Load) Service The contractor shall collect all garbage set out for disposal by commercial customers in acceptable front load collection containers. The contractor shall provide, when requested, all customers with assistance in determining container needs for garbage (and future recyclables). The contractor shall provide bear resistant dumpsters in designated bear aware areas. Contractor-provided containers shall be delivered by the contractor to requesting commercial customers within five (5) business days of the customer’s initial request. Receptacles shall be clearly identified by displaying the contractor’s name and telephone number prominently and conspicuously on the container. Receptacles must be clean and serviceable when delivered to the customer. 2.1.3Roll Off (Drop Box) Service The contractor shall provide roll off containers to commercial customers, and on-call to residential customers (e.g., cleanup or remodel), in accordance with the service level selected by the customer. The contractor shall provide and maintain roll off containers as required throughout the term of this contract. Both customer-owned and contractor-owned roll off containers shall be serviced. The contractor is not required to service customer containers that are not compatible with the contractor’s equipment. The contractor shall maintain a sufficient number of roll-off containers to provide delivery of empty containers by the contractor to new and temporary customers within three (3) business days after the customer’s initial request. The contractor shall provide dispatch service and equipment capable of collecting full roll off containers (and replacing it with an empty roll off if requested) on the same business day if the customer’s initial request is received before 10:00 a.m., and no later than the next business day if the customer’s initial call is received before 4:00 p.m. 2.2Potential Future Recyclables Processing and Other Recycling Services The Kodiak Island Borough (KIB) has adopted aggressive goals for increasing diversion from the waste stream disposed of in the landfill. To achieve these goals, the KIB is seeking a qualified contractor to provide recycling services in order to divert / reduce the volume of recyclable materials disposed of at the KIB Landfill. The contractor will, in cooperation with the KIB, promote and raise awareness along with increasing participation in the voluntary recycling / diversion program by reaching out and educating the Kodiak community. 6COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 9 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. KIB may elect to continue using its existing provider of recycling processing and other recycling services. If so, it will not execute the recycling processing and other recycling services described in Section 2.2 of this RFP. 2.2.1Recyclables Processing Currently, The Borough offers limited recyclables processing and other recycling services through a contract with Threshold Recycling Services, Inc. located on Von Scheele Way in Kodiak. Should KIB elect to award a contract for the provision of recycling services to the Contractor selected through this RFP process, such services would, generally speaking, be as follows. Contractor would be required to process an average of 650 tons per year, while guaranteeing diversion of this material to an established market or processor. Contractor must have adequate equipment and site capacity to accommodate fluctuations in this average, especially during the peak seasons, which may require capacity to process and/or store. Contractor will process, market, and ship recyclable materials off-island. Processing will include, but is not limited to, screening of non-recyclable materials and waste disposed with recyclable materials, baling or packaging materials for shipment, and shipping of materials to markets or high grade processors. The Contractor would be required to process the following classes of materials: 1)Corrugated Cardboard 2)Mixed paper and Paperboard 3)Newspaper 4)Plastics (including but not limited to #1 PETE and #2 HDPE, plastic sheeting / film) 5)Non-ferrous metals including but not limited to aluminum, aluminum containers 6)Bi-metal containers 7)Electronic waste The contractor may also propose expanding the recycling / diversion efforts by collecting and/or recycling other waste streams not listed above, such as used cooking oil, used motor oil, fluorescent light tubes, used batteries, and used toner or printer cartridges. Respondents should specify in proposals whether they intend to expand the services provided in the first year. From 2013 through 2016, the KIB Recycling Processor shipped the following quantities of materials, in tons, off-island for recycling: 7COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 10 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Table 2-1 Annual Summary 2013Annual Summary 2014Annual Summary 2015Annual Summary 2016 PoundsTonsPoundsTonsPoundsTonsPoundsTons #1 PETE Plastic18,3009#1 PETE Plastic17,5349#1 PETE Plastic18,9639#1 PETE Plastic17,9659 #2 HDPE16,9688#2 HDPE14,8077#2 HDPE11,7096#2 HDPE11,6576 Mixed Paper285,309143Mixed Paper287,995144Mixed Paper333,596167Mixed Paper277,783139 Newspaper70,07135Newspaper21,67711Newspaper67,33934Newspaper63,40132 Office Paper170,45485Office Paper142,65771Office Paper140,21170Office Paper142,81071 Plastic Film27,01914Plastic Film34,73617Plastic Film44,38622Plastic Film23,16412 Cardboard822,654411Cardboard819,994410Cardboard981,162491Cardboard740,454370 Aluminum15,6598Aluminum13,9397Aluminum15,4938Aluminum15,6618 Bi-Metal Cans17,4229Bi-Metal Cans16,5428Bi-Metal Cans16,4918Bi-Metal Cans16,4458 Total:1,443,856722Total:1,369,881708Total:1,629,350815Total:1,309,340655 2.2.2Central Recyclables Processing Facility The contractor will establish a centralized base of operations where all recyclables collected from the community will be sorted / stored for shipment off-island for recycling. The facility will be operated in compliance will all applicable State and Federal regulations. 2.2.3Recycling Drop-off Centers The contractor will provide facilities that are readily accessible by the public to drop off recyclables (Drop-off Centers). With the exception of electronic waste, all materials shall be accepted free of charge. The contractor’s proposed fee for electronic waste recycling shall be provided in the rate proposal form included in Appendix D. A minimum of four (4) locations, not including the central processing facility described in Section 2.1 will be provided, located both within and outside the Kodiak urban area. The contractor will be responsible for maintaining / cleaning the drop-off centers. The contractor will regularly inspect the centers; centers must be inspected a minimum of three (3) times per week. One of the centers, located within the urban area, must be staffed by contractor personnel to assist the public five (5) days per week, two (2) of the five days must be Saturday and Sunday (excluding observed Borough holidays); the staffed drop off center must be open to the public a minimum of six (6) hours per day between the hours of 8 am and 8 pm. Upon one month’s notice from KIB, contractor will begin accepting glass at the processing facility. Once full, bins shall be transported to the KIB Landfill and unloaded at a location specified by KIB. The contractor will be compensated for transportation of glass to the landfill at a rate to be negotiated with KIB. 8COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 11 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 2.2.4Recyclables Collection Service The contractor shall provide a fee-based recyclables collection service to business / commercial / residential customers. The contractor will pick up the recyclables at the business / residence as determined by the contractor and customer and deliver the materials to the contractor recycling facility. The contractor shall provide prices for pickup service in the rate proposal form included in Appendix D. 2.2.5Community Outreach and Education The contractor shall provide community outreach / education programs to promote recycling in the community, and educate the public regarding recycling sustainable practices. The contractor shall provide the following services: One event per school annually. Two community events, annually. A website with real-time notices of future events, information about available services, and contact information. Flyers in all local newspapers at least monthly. At least one radio advertisement weekly. Quarterly presentations to the KIB Assembly. Donation of collection bins and pickup service at annual Spring cleanup event. Participate in regularly scheduled Solid Waste Advisory Board meetings. Contractor shall provide an annual price for providing community outreach and education services in the rate proposal form included in Appendix D. 2.2.6Recyclables from KIB Landfill The KIB is planning to process recyclables such as cardboard and electronic waste diverted / removed from the KIB Landfill Baler tipping floor. The contractor will be required to receive the recyclables processed by the KIB Landfill staff. The cardboard will be separated, sorted, and then baled. The electronic waste will be separated, sorted, containerized (placed in either plastic totes or bulk cardboard containers (Gaylord boxes)). The cardboard bales and totes / boxes will be transported weekly, by the contractor, from the KIB Landfill Baler to the contractor central recycling facility. The contractor shall accept cardboard at its processing facility at no cost to KIB. KIB will pay the rate charged for delivery of electronic waste. The contractor will transport the materials from the landfill at no additional charge to the KIB. 2.2.7Quarterly Quantity Benchmark Submittal and Presentation to the KIB Assembly A quarterly report, submitted one month following the end of the Calendar Quarter, summarizing the recycling activities will be submitted to the KIB Engineering and Facilities Department. For the purposes of reporting, quarters will be July-September, October-December, January-March, and April-June. As an example, the July-September report will be due the last day of October. The report will include the volume and type of recyclables processed and then 9COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 12 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. shipped off-island, the shipping method, and the destination of the recyclables. The report will also include a summary of the community outreach / education program activities. The contractor shall present a summary of its quarterly activities to the KIB Assembly at the second monthly meeting the following the end of the Calendar Quarter. For example, presentation of the July-September summary will occur at the second Assembly meeting in October. The summary shall include, but not be limited to the volume of recyclables processed and then shipped off-island, community outreach and education efforts, and overall status. 2.2.8Future Recycling Options At present, the KIB and its contractor do not provide regular weekly recycling collection services to either residential or commercial customers: only limited subscription service is provided. It is anticipated that with the adoption of the SWMP, future collection of recyclable materials may be integrated into the services provided by the contracted waste hauler. The SWMP discusses a range of recycling and other waste diversion activities that KIB may seek to implement within the designated contract period beyond those outlined in Section 2.4. Those activities are described in the following sections of the SWMP: Section 4.5 Section 5.1.3 Section 5.2.1 Section 5.3 Section 6.4 Section 7, Table 20, Scenario C As part of their response to this RFP, respondents should describe any resources, expertise, and background they possess relevant to the recycling and other diversion activities discussed in the SWMP sections noted above. This information should be included as an appendix to the main proposal submitted by prospective service providers. Comments on the recycling and other diversion activities are welcome as well, and may be included in that appendix. Cost estimates for these services are not being requested at this time. The cost of any recycling services requested by KIB will be negotiated with the contractor. The recycling information will be considered in evaluating the proposer’s overall ability to meet the existing and potential solid waste management service requirements of the KIB. As portrayed in the SWMP sections noted above, those services could include but are not limited to, the following: Regular collection of commingled recyclables (excluding glass) from residential and commercial customers. Separate collection of yard waste. Operation of a composting facility / technology. 10COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 13 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 2.2.9Payment and Reporting Payment for recycling services would be a monthly flat rate. The contractor will be responsible for monthly invoicing to KIB Engineering/Facilities Department. Contractor shall provide the KIB with certified scale records indicating the weight of recyclable materials shipped off the island to market or processor with their monthly invoice. Weight records shall be in a format acceptable to the KIB to include a print out of each certified scale entry invoiced. Typical information to be included in an Excel spreadsheet format includes, but is not limited to: material type, weight, shipping date, shipping manifest number, shipping manifest, amount paid or received from market or processor, and source of the recyclable material. Shipping manifest, amount recycled and residual amount disposed of will be used to verify invoiced amounts. The contractor shall provide documentation that satisfies KIB and will provide easily understandable and reproducible forms of backup information that is accurate and minimizes review time by KIB. The contractor shall provide any additional information to KIB which may be reasonable in support of any payment request. Monthly invoices and backup shall be delivered to KIB no later than the end of the following month and shall be paid within thirty (30) days from the date of the invoice unless KIB notifies the contractor in writing of its reason for not making payment of the sums requested. Invoicing older than 30 days will not be paid by the KIB. The contractor will be responsible for monthly reporting and disposal of all residual waste materials not recycled. Contractor will allow KIB representatives or its agent access to inspect facilities and records supporting the invoiced amounts during normal operating hours to assure compliance with the terms of the contract. In order to ensure the integrity of the amounts invoiced to the KIB for payment, any contractor that provides similar recycling services to other customers will be required to account for all materials processed. The KIB will reserve the right to inspect these records used to generate the monthly invoices as well as any other support documents that validate the claim for payment. 2.3Customer Service Contractor shall have on-island office staff or service available to accept customer calls and complaints at all times. Phone lines must be dedicated customer service phone lines with the contractor’s business name listed as a business in the telephone directory. 2.4Disposal All waste collected under this contract shall be disposed of at the Kodiak Island Borough Landfill/Baler Facility. The contractor will be responsible for the payment of all disposal invoices to the KIB. 2.5Service Invoicing Invoicing of all customers will be the responsibility of the contractor. The customer will be invoiced for collection services, waste disposal, container rental, taxes and fees, and any 11COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 14 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. additional selected services. All invoices will include service address, coverage of dates invoiced, and the rate for the customer’s level of service. Some of the key terms in the Draft Agreement are summarized below. The Draft Agreement makes reference to a number of Exhibits that are not currently included in the Exhibits to the Draft Agreement. These Exhibits will be based on the submittals from Proposers and will be inserted after award of the contract. If there are any discrepancies between this RFP and the Agreement, the requirements in the Agreement take precedence. The initial term of the Agreement will be for seven years. At the end of the fifth year, the KIB will consider extending the initial 7-year term of the Agreement for an additional three-year term. The maximum term of this agreement will be for 10 years. The contractor’s rates for solid waste will be adjusted on July 1 in the second full calendar year of the contract, and each following July 1, based on the change in a cost of living adjustment formula, including a fuel index and the consumer price index for the Anchorage metropolitan area (CPI-U). The contractor will pay KIB for disposal of solid waste at the KIB Landfill. Collection rates will be adjusted each year in accordance with a disposal cost adjustment method. The Agreement also includes a contingency for acts of God and other uncontrollable circumstances. Details regarding the calculation of the cost of living adjustment and disposal cost adjustment formulas are provided in the Draft Agreement. The KIB will have the right to approve the assignment of the Agreement. Any change in ownership without prior written approval from the KIB is cause for voiding the agreement. 2.6Borough’s Discretionary Options with Respect to this RFP KIB may, at its sole discretion: Issue addenda to the RFP, including extending or revising the time line for submittals, and modifying the terms of the RFP and/or Draft Agreements. Withdraw, reissue or modify the RFP and Draft Agreements. Withdraw the recycling processing and other recycling services part of this RFP (Section 2.2). Request clarification and/or additional information from any Proposer at any point in the procurement process. Arrange site visits of facilities of any or all Proposers for purposes of evaluation. Negotiate with more than one Proposer simultaneously for the services in this RFP. 12COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 15 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Request Best and Final Offers (BAFOs) from one or more Proposer(s), sequentially or concurrently, for the services in this RFP and related tasks proposed. It is the Borough’s intent NOT to solicit BAFOs for the original scope of services. BAFOs may be used to request additional price clarification for a revised scope of services based on enhancements proposed by one or more of the Proposers. Accept a proposal that may not offer the lowest cost but offers the best overall proposal based on the company’s qualifications, technical proposal, and willingness to accept contractual terms as well as its rate proposal. Discontinue negotiations after they are commenced with a selected Proposer, if progress is unsatisfactory in the sole judgment of the KIB, and commence discussions with another qualified Proposer. Execute an Agreement with a Proposer on the basis of the original proposals and/or any other information submitted by the Proposers during the procurement process. Reject any or all proposals, waive irregularities in any proposals, accept or reject all or any part of any proposals, waive any requirements of the RFP, as may be deemed to be in the best interest of the KIB. 2.7Proposer Responsibilities with Respect to this RFP Before submitting any proposal in response to this RFP, each Proposer must: Thoroughly examine this RFP, including all enclosures and the Agreement; Become familiar with local conditions that may affect cost, progress, performance, or services described in this RFP, including inspection of the KIB’s terrain, streets and alleys; Consider all federal, state and local laws, statutes, ordinances, regulations and other applicable laws that may affect costs, permitting, progress, performance, or services; Inform KIB of any conflicts, errors, or discrepancies believed to exist in this RFP; Agree not to collaborate or discuss with other Proposers the content of any proposal prior to award, including any proposed rates; and, At the Proposer’s sole expense, make or obtain any additional examinations, investigations, studies, or inquiries as may be necessary to obtain such additional information and data that may affect costs, permitting, progress, performance or furnishing of the service and that the Proposer deems necessary to prepare its proposal. 2.8Consequence of Submission of Proposal Each proposal submitted in response to this RFP will constitute a binding representation and warranty by the Proposer that the Proposer has investigated all aspects of the RFP and its 13COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 16 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. proposal; that the Proposer is aware of the applicable facts pertaining to the RFP process; its procedures and requirements; that the Proposer has read and understands the RFP and has complied with every requirement; that without exception the proposal is premised upon performing and furnishing the services and equipment required by this RFP and the Agreement and such means, methods, techniques, sequences or procedures as may be indicated in or required by this RFP and the Agreement; and that the RFP is sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the project. The submission of a proposal shall not be deemed an agreement between the Proposer and the Borough. The proposal is a contractual offer by the Proposer to perform services in accordance with the proposal. Specifically, the following provisions apply: The KIB shall not be obligated to respond to any proposal submitted nor be bound in any manner by the submission of a proposal. Acceptance of a proposal by the KIB obligates the Proposer to enter into good faith negotiations based on the proposal submitted and ultimately to enter into an Agreement with the KIB for the performance of the services chosen by the KIB in its sole discretion. The Agreement shall not be binding or valid unless and until it is executed by the KIB and the selected Proposer, and any conditions precedent to its effectiveness have been satisfied. 2.9Proposal Costs The cost of investigating, preparing and submitting a proposal is the sole responsibility of the Proposer and shall not be chargeable in any manner to the KIB. The KIB will not reimburse any Proposer for any costs associated with the preparation and submission of proposals or expenses incurred in making an oral presentation, participating in an interview, or negotiating an Agreement with the KIB. 2.10Procurement Schedule The KIB has set the procurement schedule shown in Figure 2. This schedule may change at the KIB’s discretion. Figure 2 - Procurement Schedule Proposal ProcessMilestone 1. Issue RFP and AgreementWedMarch 15, 2017 2. Proposer comments due to KIBWedApril 12, 2017 3. Issue Final Addenda/revisionsSatApril 22, 2017 7. Proposals DueTueJune 13, 2017 8. Clarifications and InterviewsWedJuly 5, 2017 9. Complete Proposal Review and EvaluationWedJuly 26, 2017 10. Assembly Issue Intent to AwardWedAugust 9, 2017 14COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 17 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Contract Award 1. Commence NegotiationsMonAugust 14, 2017 2. Assembly Award ContractThuOctober 5, 2017 3. Final Agreement executedTueOctober 10, 2017 4. Startup of New ServicesSunJuly 1, 2018 Price Escalation Details KIB establish new tonnage rateApril 15, 2018 Disposal Cost Adjustment to existing rates in July 1, 2018 effect Contractor calculate CPI/PPI/new rate sheetsApril 15, 2019 First CPI/PPI adjustment with new tonnage rate July 1, 2019 in effect 2.11Process Integrity Guidelines These guidelines impose restrictive administrative controls on the procurement process to help ensure both the reality and the perception of a fair and open process. Each Proposer is individually and solely responsible for ensuring compliance with the following specific guidelines. This responsibility extends to the Proposer's employees, agents, consultants, lobbyists, or other parties or individuals engaged for purposes of developing or supporting the Proposer's proposal. 1.Conflicts of Interest and Disclosure: Proposers shall comply with all KIB ordinances and State requirements regarding conflicts of interest and financial disclosure. 2.Forbidding Collusive Activities: Collusive activities among Proposers are expressly forbidden and will likely result in immediate disqualification of any involved parties. If two or more Proposers are developing a joint proposal, the joint Proposers must notify the KIB in writing no later than thirty (30) days prior to the deadline for submission of proposals. This notification will be kept confidential until after submission of all Technical and Rate proposals. 3.Forbidding Entertainment, Gifts, Etc.: Each Proposer is separately prohibited under these guidelines from promotional outreach, hospitality, entertainment, gifts, or other like activities directed toward KIB staff, elected or appointed officials, or proposal reviewers. After the KIB issues the RFP, Proposers shall warrant that no such gratuities have or will be offered or given by the Proposer, or any agent of the Proposer, to any KIB staff, elected or appointed officials, proposal reviewers, or to a consultant in order to secure the contract or favorable treatment concerning the RFP process. The Proposer shall disclose and describe any relationship or arrangement with the KIB or a consultant that could be deemed inconsistent with these guidelines, or with any state or local laws, prior to the submission of its proposal. 4.Award Guarantees: Proposers shall list anyone from the KIB or associated with the KIB, or anyone who has called the contractor to guarantee the contract would be awarded to them, if a percentage of the contract value were provided to them. 15COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 18 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 5.All-inclusive, Written Proposals: Any information and materials to be utilized by the KIB during the proposal evaluation and selection process must be included as part of the original Technical and Rate proposals or submitted in response to a specific written request from the KIB. 6.Only RFP Information: Only KIB-provided information and materials in the RFP and Addendum, which are provided in writing to all Proposers and are posted on this project’s portion of the KIB’s website (at http://www.kodiakak.us) are to be utilized in developing the proposal. Any Proposer's reliance on other information and materials may result in non-responsive proposals due to inaccurate or incomplete information. 7.Written Inquiries: After the release of the RFP, all RFP-related communication with the KIB prior to the award of contracts must be in writing to the KIB by email to: Email: btucker@kodiakak.us Please include the phrase "Kodiak SW RFP" prominently in the Subject line. Any questions received will be sent to all Proposers (absent the name of the firm submitting it) with a response from the KIB. These may be sent as informal clarifications of the RFP documents, or as formal RFP Addenda. 8.Contact Constraints: Contacting any KIB staff member, Borough elected or appointed officials, appointees of Assembly to advisory committees, or proposal reviewers will result in disqualification of the Proposer. This includes disallowing contact through another person (as a messenger) or former assembly member, contact via any form of media such as e-mail or telephone, or in person. 9.Disqualification: Any evidence that indicates a Proposer has failed to comply with the specific Process Integrity Guidelines, or has otherwise substantially diminished the KIB's ability to award contracts in a timely manner and free of contention, will result in that Proposer’s disqualification and forfeiture of the Proposer’s proposal bond. The KIB reserves the sole right to disqualify any Proposer at any point in the process prior to contract award for failure to comply with this document. The Process Integrity Guidelines referenced in this section apply to all firms that ultimately submit a proposal. Any evidence which indicates a Proposer has failed to comply with the specific Process Integrity Guidelines, or has otherwise substantially diminished the KIB's ability to award contracts in a timely manner and free of contention, will result in that Proposer's disqualification. 3.0Background Information This section includes background information that provides customer information and waste quantity and disposal information. This data is provided for informational purposes only. The KIB does not certify the accuracy of the information provided. Proposers should not rely solely on this section for developing proposals and service costs. Proposers are responsible for an independent assessment of the KIB’s needs and of the Proposer’s ability to provide services to meet those needs. The KIB will not be liable for any losses due to the Proposers’ reliance on the operational information in this RFP. 16COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 19 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 3.1Geographic and Demographic Information There are two political entities on Kodiak Island; the Kodiak Island Borough is the general government unit for the archipelago known as Kodiak and; the City of Kodiak. Both have a mayor and legislative body. The Kodiak Island Borough extends over 180 miles by 70 miles with a total land area of approximately 5000 square miles and encompasses approximately 200 islands. In 1989, additional lands were annexed on the Alaska Peninsula from Cape Douglas to Wide Bay. Moderate seasons, cloudy skies, and moderately heavy precipitation characterize climatic conditions. Average yearly rainfall is 70 inches with an average of 77.5 inches of snowfall. Wind is a significant presence in the community. Winds average 10-20 miles per hour, and it is not unusual or uncommon for Kodiak to experience wind gusts exceeding 50 miles per hour. Kodiak Brown Bears also have a significant presence in the community. Trash day along the roll cart areas offers a number of opportunities for bears (and other vectors) to get in garbage because waste that is placed on the curb is in non-bear resistant roll carts. In the areas of the Borough that do not have curbside pick- up there are roll-off containers being used that are bear resistant. However, they are not very customer friendly. The KIB’s concern regarding the bear population in the community, especially for the outlying areas of the Borough on the road system, will need to be particularly considered by a Proposer. In response, KIB has designated bear aware areas that require the use of bear resistant containers. In addition, Proposer will be expected to provide bear-resistant roll carts to elderly customers upon request. The bear aware areas are shown in Figure 1. Areas requiring bear resistant containers may be adjusted during the term of the contract should circumstances change. KIB is authorized to operate as a public utility as defined by AS 42.05.701 (2)(f) for the purpose of furnishing refuse services under Certificate of Convenience and Necessity No. 222. The KIB also operates the Class I landfill; the only landfill permitted in Kodiak to accept solid waste for disposal that serves a population of nearly 13,000. This population is small and stable with minimal growth forecasted over the next 30 years. Therefore, the solid waste collected and disposed of is expected to be relatively flat. The KIB provides collection, disposal and recycling services for residential, commercial, and industrial/institutional needs along the road system within the City of Kodiak, the Borough beyond the city limits, United States Coast Guard (USCG) base (disposal only; USCG has their own collection contract) and Port of Kodiak. The KIB Landfill is operated in accordance with all federal, state, and local regulations and statutory guidelines. 3.2Residential Solid Waste Collection Solid waste is generally collected in two methods. Individuals can self-haul their solid waste directly to the Landfill; however the primary method of collection is by a solid waste collection company under contract to KIB to collect solid waste from residential, commercial, industrial, and institutional entities along the regularly maintained public road system connected to the City of Kodiak. The general area of service extends along the road system from Chiniak, the Rocket 17COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 20 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Launch Facility past Pasagshak to the KIB Landfill. Approximately 3,000 KIB residents are served by the collections contract. The USCG base maintains a separate and different collection contract from that of the KIB. There are two methods of residential collection: 1) non-mandatory curbside pickup within Kodiak City Limits, and one outlying roll cart area. 2) public rolloffs or dumpsters inside and outside Kodiak City Limits. Bulky item pick up is available for residential customers as a for-fee on-call service. Bulky items include water heaters, major appliances, furniture, and similar household items from residences. Only households within the City of Kodiak and the road system between the Landfill and Salonie Creek are eligible for the bulky item pick up service. The contractor hauls and delivers all collected garbage, construction/demolition debris, and bulky household items to the KIB Landfill. The collection contractor’s trucks are weighed before emptying MSW loads on the tipping floor. Billing for solid waste collection fees from residential and commercial customers is the responsibility of the contractor. The KIB Landfill is operated as an Enterprise Fund; the rates that the public shall be charged for collection and disposal of garbage are established by the contractor. The contractor shall establish the rates in accordance with the Draft Agreement, KIB’s establishment of the per-ton rate for disposal, and any applicable fees and taxes (at this time, there are no fees or taxes assessed). A portion of the fees collected by the contractor are returned to the KIB for the per-ton rate that is used to cover operational and disposal costs at the Landfill. The current per-ton rate for disposal and collection rate schedules are provided in Appendix B of this RFP. 3.3Recycling Collections and Processing Recycling is completely voluntary and includes cardboard, mixed paper, paperboard, newspaper, plastic #1 & #2, and aluminum cans. There are a finite number of dumpsters available for cardboard collection; KIB pays the collection contractor for these dumpster rentals and tips. Currently, cardboard dumpsters are taken to Threshold Recycling, Inc., a non-profit group partially funded by KIB to manage recycling. The KIB has a contract with Threshold to ship recyclables off-island. 3.4Current Commercial Solid Waste Collection Service and Amounts Collected Commercial establishments have three types of services available to them: roll carts (charged at the residential rate), dumpsters, and roll off containers, at varying sizes and collection frequency. The KIB is reimbursed for the disposal component of the rate by the actual tons delivered by the solid waste collection contractor times the per-ton disposal rate established by KIB. The current KIB solid waste management system is funded from two primary sources: collection rates charged to residents and businesses plus disposal rates charged at the landfill. The total commercial customer account count is rather stable at 221. On average, commercial accounts 18COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 21 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. are collected a minimum of once per week via a variety of container sizes. The current commercial collection account details are provided in Appendix B of this RFP as along with the current per-ton disposal rate and collection rate schedules. 4.0Required Information This section describes the information that Proposers should include in their proposals for the procurement process. Proposers must submit information in sections numbered as follows: 1.Company Profile 2.Management Experience 3.Customer Service 4.References 5.Safety Information 6.Litigation and Regulatory Compliance 7.Technical Proposal 8.Proposed Rates 9.Insurance 10.Exceptions to Contract Documentation Instructions on completing the rate proposal forms in Appendix C are included on each of the forms themselves. The combination of the responses outlined in this section (including the Rate Proposal Forms in Appendix C) are considered to be the Minimum Content Requirements Proposers must submit for all proposals. Failure to provide all Minimum Content Requirements in this section may be grounds for rejection of proposal. Proposers are required to provide this information in the same order as it is described below. Proposers are required to submit 3 copies (1 unbound and 2 bound) of this proposal and one electronic copy on thumb drive or CD. (Use MS Word or PDF for written technical proposal and Excel for the rate proposal.) For nationwide firms, responses should pertain only to the local operating division that will provide service to the KIB. The Required Information is designed to consider all aspects that will impact the quality and level of service. Criteria were formulated to consider qualifications, technical, contractual and financial factors. Selection criteria were intentionally designed to allow smaller haulers to compete, as the KIB does not wish to limit competition to a few big companies only. 1.Company Profile: 19COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 22 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Proposers shall provide the following information about their firm: Name of the entity that would sign the agreement if the Proposer is selected Any other names under which the Proposer does business Primary contact name and title Secondary contact name and title Business office address Phone numbers E-mail address and website address (if available) Address where vehicles and containers would be kept for serving Kodiak Form of ownership (sole proprietorship, partnership, corporation, etc.) State of organization/incorporation Number of years in business Names and addresses of principals, corporate officers, and individuals with an ownership interest of greater than 10% Number of employees Name of local of union representing the Proposer’s employees (if any) Name of all entities involved in proposal Names of all partners in proposal if joint venture Federal Tax I.D. Number 2.Management Experience: Proposers should have at least one individual on staff with at least 5 years of experience in the solid waste collection industry with projects of comparable size and complexity. Designate two (2) individuals that will serve as the primary and secondary contact persons in the event the Proposer is awarded the contract. Provide an organization chart that highlights key staff that would be responsible for providing services to the KIB. Briefly describe relevant technical experience of individuals highlighted in your organization chart including at a minimum individuals who would be responsible for one or more of transition services during startup, daily operations, vehicle repair and maintenance, customer service, dispatch, and billing. Additionally, proposers should provide the KIB with professional resumes (including work history) for these individuals. Technical experience with recycling operations should be highlighted for relevant individuals. Highlight experience providing comparable service under the direction of at least one other public agency and a total comparable number of accounts as Kodiak. 3.Customer Service: Highlight how many phone lines will be available during transition and on-going, and how quickly calls are answered and responses provided. Provide a description of how customers may interact with you via your website. Highlight how KIB billing services, customer service and 20COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 23 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. dispatch are to be coordinated. 4.References. Proposers should provide the following information for three (3) customers to whom they currently provide or have previously provided similar services including at least one public reference. At least one of the references should include the provision of recycling collection and processing services. Jurisdiction / Company name and address Contact person name and title Phone and fax number Length of service Description of service (i.e., number of customers, services provided, etc.). References may be contacted by the KIB to evaluate the Proposer’s ability to maintain long-term relationships with customers and to ensure that cities and or Boroughs are satisfied with the service received. The KIB may contact other public or private individuals known to have contracted with the Proposer for additional background information. 5.Safety Information. The KIB would like to ensure safe and reliable service is provided to Borough residents and businesses. Proposers should provide the following safety information: Provide an affirmative statement that the Proposer has not received a citation or failure- to-abate notice in the last three (3) years from any Occupational Safety and Health Office. If this is not the case, Proposers should provide an explanation of the circumstances surrounding any such occurrence. Provide a copy of the Experience Rating Form used to determine the Proposer’s experience modification factor (used to calculate the Proposer’s workers compensation insurance premium). Please provide a list of any accidents in the past three years in which the Proposer was involved and in which the personal injury and/or property damage amount exceeded $10,000. Has your company experienced a workplace fatality within the past ten (10) years? If so, describe the circumstances that led to the fatality and actions taken by your firm to prevent future occurrences. Does your company have a program in place to discipline workers that perform unsafe work practices? If so, please provide describe that program. Does your company hold “tailgate/toolbox” safety meetings? If so, please describe what they include and how frequently such meetings are held. 6.Litigation and Regulatory Compliance: The KIB would like to minimize the KIB’s long-term liability and contract administration burden on staff. To highlight how that will be done, Proposers should provide the following 21COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 24 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. documentation related its company, partner or subsidiary in this venture, subcontracted hauler, or any corporate officer: 1)Highlight the nature of any current or litigation within the past five (5) years that might have any bearing on the Proposer’s ability to provide service in the Borough. 2)List any liquidated damages, administrative fines, charges or assessments that total Ten Thousand Dollars ($10,000) or greater during the past five (5) years related to collection services provided by the Proposer. 3)List any violations of conflict of interest provisions related to collection services provided by the Proposer. 4)List any convictions of (or plead ‘no contest’ to) any criminal activity, or significant municipal code violation, within the last 10 years. 5)Document if any company or any corporate officer has voluntarily or involuntarily declared bankruptcy or has been involved within the past five years in litigation: arising out of performance of a solid waste or recyclables collection contract or violation of environmental laws, regulations or permits; arising out of or connected with violation of state or federal antitrust laws; or arising from or connected with allegation of corrupt practices. 6)Information about any enforcement actions, order, decree, or notices of violation of any environmental laws, regulations or permits received by the Proposer or received by local facilities operated by the Proposer during the past five (5) years. For each violation, if any, please provide the following information: The agency that issued the notice of violation. A description of the violation. The dollar amount of any fine associated with the violation. The reason the violation occurred. The corrective action taken to prevent re-occurrence of the violation and any measures taken to mitigate the violation. Proposers should not have: Incurred any significant adverse regulatory enforcement actions. Committed any significant breaches of agreements with any governmental agency or found liable for any conflict of interest violations. Been convicted of (or plead ‘no contest’ to) any criminal activity, or significant municipal code violation, within the last 10 years. The KIB shall determine, in its sole discretion, whether an enforcement action or breach of agreement is “significant.” 22COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 25 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 7.Technical Proposal: Proposers are requested to provide information to address the following components of the service to be provided to the KIB. All equipment, and vehicle specifications should provide for sound, reliable service that satisfies the minimum requirements of the Agreement and contingencies. Provide a description of the methods being proposed for solid waste and recyclables collection. This should include the collection method, number of trucks used, crew size, and service days. Provide a description of any special equipment that is proposed for solid waste and recyclables collection. Provide a description of the age and type of vehicles that will be used in the KIB. Proposer must demonstrate their capabilities to obtain the vehicles needed. Equipment must meet the technical qualifications detailed in the Draft Agreement, including performance standards for safety, quality, painting and cleanliness of trucks and storage containers. Provide a narrative description and schedule that highlights your transition plan, including the following activities (where applicable): Account verification Account transfer, set-up, and billing Problem resolution resources and procedures telephone systems Telephone system Website Other information technology requirements Vehicle acquisition Container removal (where required) Container procurement, preparation, and delivery (roll carts, dumpsters, roll offs) for refuse (as needed) and recyclables A map and description for anticipated changes to days of week service is provided When and how you will contact customers to introduce your firm and any service changes Start of service For recycling, address the following: Provide a description of the method(s) being proposed for the processing of recyclable materials. Provide a description of the proposed markets or processers that will be utilized in the execution of this agreement, any special equipment that is proposed for processing, and the area(s) where materials will be stored prior to shipment off-island. Provide the address where materials will be processed (facility zoning compliance). Provide a detailed inventory of equipment, facilities, and human resources needed to perform the tasks proposed. List probable subcontractors, along with their inventory of resources (labor, equipment, other) dedicated to the project. 23COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 26 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. The KIB has supported the recycling activities in the past by providing financial and operational support of this program and expects all Proposers to maintain the current level of diversion. The Proposer is required to submit a brief plan which demonstrates the ability to meet quarterly quantity benchmarks. The plan needs to include the proposed recycling activities such as community and business outreach, recycling services, and expected material quantities. 8.Rate Proposal: The Proposer is required to submit a Rate Proposal using the worksheets included in the Excel file Appendix C - Rate Proposal.xlsx attached as Appendix C. Proposers are required to enter their proposed unit rates. Proposers should refer to the instructions in the excel file for completing the forms. The file will calculate an estimate of the total annual cost for collection and recycling service in a representative year. This will be the basis for comparing costs among Proposers. When complete, Proposers should rename the file with your firm name at the end of the file name (e.g., Appendix C - Rate Proposal ABC Collection.xlsx), and submit the file on a thumb drive or CD as part of your submittal. The Rate Proposal should be consistent with the technical proposal highlighting the services to be performed. Annual costs should be reasonable and consistent with the technical proposal. Assumptions used in developing costs should be documented and should be reasonable as well. 9.Insurance: Proposers should provide evidence of the ability to procure the required insurance described in the Draft Agreement in Appendix A. Proposers should submit certificates of insurance demonstrating that they currently carry the types of insurance and levels of coverage described in the Draft Agreement. Alternatively, Proposers may submit a letter from their insurance broker that they are able to obtain the types of insurance and levels of coverage described in the Draft Agreement. 10.Contract Exceptions: The Draft Agreement in Appendix A is provided to inform Proposers of the KIB’s intentions regarding the roles, responsibilities, and obligations of the Proposer and the KIB. The KIB is interested in selecting a contractor that is prepared to agree to the KIB’s terms. Proposers may, if necessary, take exception to one or more business terms in the Draft Agreement. Any exception should be accompanied by proposed specific alternative language. However, the number, and more importantly, the substantive nature of the exceptions will be compared to those noted by the other Proposers during proposal evaluation. Proposers will rate higher in this criteria if the exceptions are not significant and are not likely to extend negotiations, make contract management more difficult, or cause the KIB to incur more cost or risk. If, in KIB’s sole opinion, the exceptions are significant, the KIB may reject the proposal 24COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 27 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. regardless of its other merits and proposed rates. If the KIB chooses to enter into negotiations with the Proposer, the negotiations on issues of concern to the Proposer will be limited to the Proposer comments and recommended alternative Agreement language. 5.0Process and Methodology The details of the RFP submission process and schedule are described below. 5.1Written Questions Submit written questions and requests for clarification or additional information regarding the meaning or intent of the RFP content, its process and enclosures to the Borough’s Engineering Director at btucker@kodiakak.us. The KIB may not be able to respond to questions received after April 12, 2017. Responses and RFP Addenda will be sent by email to all those who have expressed interest in this request for proposal that provided the KIB with an email address. All formal documents of this RFP process will be posted on the Borough’s website at: http://www.kodiakak.us Documents posted will include the RFP, Draft Agreement, responses to written questions and Addenda. Proposers are urged to monitor this website regularly, at least weekly once the RFP has been released. 5.2Proposal Submission Submit 1 unbound original and 2 copies of your proposal on recycled paper plus the electronic copy on thumb drive or CD to the KIB on or before 3:00 p.m. Alaska Time on June 8, 2017. Proposals should be sealed and marked “Kodiak Solid Waste Collection and Recycling Proposal.” Sealed proposals should be mailed or delivered (not faxed) to the Kodiak Island Borough Manager’s office: Kodiak Island Borough Office of the Borough Manager Room 125 710 Mill Bay Road Kodiak, AK 99615 To the extent allowed by law, the KIB will maintain portions of the proposal documents marked as “Proprietary” as confidential. 5.3Clarification/Interviews Proposers may be asked to clarify proposal information; the clarification period will begin after the proposals are submitted and evaluated. After the evaluation has been completed the top two or three proposers will be expected to submit written clarifications, if requested. 25COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 28 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 5.4Minimum Content Requirements All proposals should include the following: 1.Cover letter (not exceeding four pages) providing: Name, address, and telephone, and email of applicant and key contact person. A written statement warranting that the requirements of the project as described in this RFP, its enclosures, and all addenda, by listing all addenda and dates received hereto, have been reviewed and the Proposer has conducted all necessary due diligence to confirm material facts upon which the proposal is based. A written statement acknowledging that the terms of both the proposal and the rates proposed as submitted by Proposer are firm throughout the RFP evaluation and selection process. An officer or agent of the Proposer who is duly authorized to bind the Proposer should sign the cover letter. In signing the cover letter the Proposer agrees that the terms of both the technical proposal and the rate proposal as submitted by Proposer are firm for a period of 180 days from the proposal due date. 2.Responses to all information requested in Section 4. Organize your responses into the components outlined in Section 4 in the specified sections and order specified within each section. All pages of the proposal should be numbered for reference. 5.5Accuracy in Reporting Requested Information Information submitted as part of the proposal will be subject to verification. Inaccurate information or information that is misleading will be, at the KIB’s sole discretion, grounds for disqualification of a proposal from further consideration. Should the company have been awarded any Agreement as a result of this RFP; such inaccurate or misleading information will be, at the KIB’s sole discretion, grounds for default of the Agreement. 5.6Evaluation Procedure Proposals submitted by the Proposers will be judged through the evaluation process outlined in this section. It is intended that the selected Proposers will be chosen based on the outcome of this evaluation. The following evaluation and selection process will be used: All Proposals received by the submission date indicated in this RFP will be catalogued. Proposals will be checked for both meeting the Minimum Content Requirements and verification of accuracy and integrity of information submitted. Proposals will be distributed to the KIB’s evaluation team for detailed evaluation. Proposer(s) may be asked to attend personal interviews to discuss their proposals and/or to provide additional information in writing at the KIB’s request. Proposals that do not meet the Minimum Content Requirements will not be given further consideration. Borough Assembly will be notified of all the firms that submitted proposals and provided a list of all the firms that met the Minimum Content Requirements. 26COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 29 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. The evaluation team will then evaluate all the Minimum Content information and assign a rank to each of the Proposers. The evaluation team will recommend the highest-ranking Proposer(s) to provide the services considered in this RFP. The evaluation team will also direct the KIB’s 1 consultants to seek Best and Final Offers from Proposers, if desired by the KIB. Once all of these evaluations are completed, KIB staff will then review recommendations from the evaluation team and provide the final recommendations to the Borough Assembly for their consideration in a work session. Borough Assembly will vote on the intent to award the contract, with that vote anticipated to occur on August 9, 2017, at which time negotiations will commence. It is anticipated that the Borough Assembly will vote on awarding the contract on October 5, 2017. Information regarding other Proposers and their submittals will be released after contract award. The KIB’s position on all the major service and contractual issues are represented in the RFP and accompanying Agreement. If for any reason during the course of negotiations with the selected Proposers the KIB determines in its sole discretion that a reasonable Agreement cannot be awarded, the KIB reserves the right to stop considering the selected Proposer, contact the next highest ranked qualifying Proposer(s) and consider signing an Agreement with the additional selected Proposer(s). The KIB further reserves the right to enter simultaneous negotiations with multiple Proposers if the KIB decides to adjust the proposed Agreement before executing it. The selected contractor will begin servicing the community on July 1, 2018. 5.7Evaluation and Selection Methodology The following evaluation criteria are designed to evaluate proposals by considering all aspects of the Required Information that will impact the quality and level of service. Criteria were formulated to consider cost, qualifications, safety, technical factors, litigation and regulatory compliance, and contractual factors of each proposal. Each proposal will be evaluated according to these six evaluation criteria. In performing the overall evaluation of each proposal, these criteria will be given the relative weight shown in Table 3. Table 3 – Relative Weight of Evaluation Criteria Evaluation CriteriaRelative Weight Rate Proposal35% Qualifications and References15% Safety5% Technical25% Litigation, Regulations & Liability5% Contract Exceptions15% 1 It is the KIB’s intent NOT to solicit BAFOs for the original scope of services. BAFOs may be used to request additional price clarification for a revised scope of services based on enhancements proposed by one or more of the Proposers. 27COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 30 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 5.8Contract Award The Contract will be awarded based on best value (as defined by the criteria in Table 3). KIB reserves the right to award a contract to the lowest responsible bidder whose proposal is the most responsive to the needs of the KIB. The winning proposer will be required to submit to the Borough within 60 days after the formal award the following documentation: 1.Final Transition Plan 2.Customer Complaint Protocol (procedures for addressing customer complaints) 3.Customer Billing Procedures 28COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 31 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. APPENDIX A – SAMPLE COMMERCIAL COLLECTION CONTRACT This Appendix includes the following items: Sample Collection Contract to be executed between the Kodiak Island Borough and the selected contractor. 29COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 32 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. APPENDIX B – CURRENT ACCOUNT DATA, PER-TON DISPOSAL RATE, AND COLLECTION RATES CURRENT ACCOUNT DATA As of the end of 2016, the following service levels were in effect: Residential Customers Roll-Cart CustomersCount 32 Gallon 416 64 Gallon 726 96 Gallon 474 Customers with Dumpster Service 1,371 Total 2,987 Residential Roll-Offs and Dumpsters There are 19 residential 20 cubic-yard, bear resistant rolloffs in service at the following locations: Borough Area Location Capacity Helo Pad Spruce Cape Drive 20 Yard Spruce Cape Spruce Cape Drive 20 Yard Puffin Drive Puffin Drive 20 Yard Carroll Way Carroll Way 20 Yard Sunset Drive Sunset Drive 20 Yard Three Sisters Three Sisters 20 Yard Chiniak School Main Street 20 Yard Department of Transportation DOT 20 Yard Pasagshak Pasagshak 20 Yard Sharatin Sharatin Drive 20 Yard Parkside Parkside Road 20 Yard Parkside Parkside Road 20 Yard Russian River Russian Creek Road 20 Yard Sargent Sargent Creek Road 20 Yard Sargent Sargent Creek Road 20 Yard Von Scheele Von Scheele 20 Yard Woodland Woodland 20 Yard Arctic Tern Arctic Tern 20 Yard Selief Selief 20 Yard In addition, two 5 cubic yard bear-resistant dumpsters are located at the intersection of Oak and Hillside. 30COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 33 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Commercial Dumpsters The number of commercial front-load containers in service follow. Service frequency ranges from one to six hauls per week. Container Size Count 2.0 Cubic Yard 49 2.6 Cubic Yard 45 3.6 Cubic Yard 76 4.0 Cubic Yard 35 5.0 Cubic Yard 27 5.5 Cubic Yard 86 8.0 Cubic Yard 1 4.0 Cubic Yard, bear resistant1 Total 324 Roll-off/Hook Lift Roll-Off and Hook lift services are provided to customers whose volumes and material cannot be serviced in a front load container. These customers consist of primarily construction companies and a few local businesses with 30 Yard Compactors. All residential roll-off containers are serviced with a hook lift truck. Service is provided for both disposal and recycling. In addition to the residential rolloffs mentioned above, there are 10 10 cubic yard (cy), 9 15 cy, 6 20 cy, and 6 30 cy containers in service. PER-TON DISPOSAL RATE Currently, the KIB Landfill charges $258 per ton for disposal of solid waste. A complete listing of the rates charged for different materials is available on the KIB website at http://ak-kodiakisland3.civicplus.com/bids.aspx COLLECTION RATES The following rates became effective July 1, 2016. Residential Roll-Cart and Residential Dumpster/Roll Off Service Monthly ServiceRate 32 gallon roll-cart$40.12 64 gallon roll-cart$49.34 96 gallon roll-cart$56.83 Dumpster/Roll Off$58.83 Roll-cart service is provided weekly. Dumpsters/Roll Off are picked up on an as-needed basis. 31COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 34 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Commercial Dumpster Service The following rates include the cost of disposal, and were effective as of July 1, 2016. 2 yard2.6 yard3 yard3.6 yard4 yard5 yard5.5 yard6 yard8 yard 1x/week $251.40$338.40$396.40$467.80$515.40$595.82$636.02$676.23$852.14 2x/week $502.79$676.80$792.80$935.60$1,038.80$1,191.63$1,272.05$1,352.47$1,704.28 3x/week $754.19$1,015.20$1,189.20$1,403.40$1,546.19$1,787.45$1,908.07$2,028.70$2,556.42 4x/week $1,005.58$1,353.59$1,585.60$1,871.20$2,061.59$2,383.26$2,544.10$2,704.93$3,408.56 5x/week $1,256.98$1,691.99$1,982.00$2,338.99$2,576.99$2,979.08$3,180.12$3,381.17$4,260.70 Commercial Roll Off Service The following rates exclude the cost of disposal or recycling: customers are billed the actual cost of disposal or recycling. Rates were effective July 1, 2016. Rate per Roll-Off Sizepull 10-20 yard, non compacted$157.70 30-40 yard, non compacted$209.87 10-29 yard, compacted$157.70 30-39 yard, compacted$209.87 Excludes the cost of disposal or recycling, which is a pass-through. 32COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 35 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. APPENDIX C – RATE PROPOSAL FORMS AND CUSTOMER LIST This Appendix includes the following items: Rate Proposal Forms and instructions (in separate attached Excel file, Appendix C – Rate Proposal.xlsx). Commercial Customer list from July 2016. These forms included for this review are for information purposes and contractor input. These sheets will be required to be completed as part of the Proposal. Forms that are not completed in full may result in disqualification. However, the purpose of the forms contained herein is not intended in any way to limit the type, quality or quantity of data and information supplied by the Proposer. RATE PROPOSAL INSTRUCTIONS Proposers Responsibility for Use of Electronic Spreadsheet To assist Proposers in submitting their rate and cost information, the KIB is providing to each Proposer the Rate Proposal Forms in electronic format in a Microsoft Excel spreadsheet, titled Appendix C - Rate Proposal.xlsx. Proposers are required to submit rate proposals using the electronic spreadsheet on a thumb drive or CD. The spreadsheet contains formulas and cell references that are consistent with these instructions. However, it is the Proposers’ responsibility to ensure that the formulas and cell references function properly. On each of the Forms, Proposers are required to enter information in the cells highlighted in yellow. 33COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK Page 36 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. A Page 37 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 38 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 39 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 40 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 41 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 42 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 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Jg!uijt!jogpsnbujpo!jt!opu!sfmfbtfe!voujm!bgufs!uif!dpousbdu!jt!bxbsefe-!boe!jg!bgufs!sfwjfxjoh!uif! fwbmvbujpot-!sboljoht!boe!tdpsft!J!gjoe!jodpotjtufodjft!ps!fsspst-!ps!gjoe!uibu!uif!LJC!eje!opu! gpmmpx!uif!qspqfs!qspdfevsft!bt!mbje!pvu!jo!uif!SGQ!nz!pomz!sfdpvstf!xpvme!cf!up!gjmf!tvju!bhbjotu! uif!LJC/!!Bt!bo!btjef-!ju!jt!xpsui!opujoh!uibu!uif!LJC!ibt!nbef!tfwfsbm!fsspst!jo!uijt!qspdftt! bmsfbez/!Pof!pg!uif!fsspst!xbt!sfgfsfodfe!jo!uif!bcpwf!Jufn!2/-!xifo!uif!LJC!tfou!nf!b!mfuufs! jodpssfdumz!mbzjoh!pvu!uif!qspdftt!cz!xijdi!up!gpsnbmmz!qspuftu/!!J!qpjoufe!pvu!tfwfsbm!puifs!fsspst! fssps!up!Cpspvhi!Tubgg!evsjoh!uif!cjeejoh!qspdftt!uibu!sfrvjsfe!uif!jttvbodf!pg!cpui!Beefoevn $2!'!$3/!Pof!tipvme!fyqfdu!uibu!npsf!fsspst!xjmm!cf!gpvoe!jo!uif!fwbmvbujpo!qspdftt/ Page 132 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 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SGQ!sfmfbtf*!sbuf!pg!%369!qfs!upo!up!ftujnbuf!ejtqptbm!dptut/!!Tp-!pvs!qspkfdufe!Tfswjdf!Gff!xbt! cbtfe!pgg!b!ejtqptbm!sbuf!pg!%369!qfs!upo-!opu!uif!bduvbm!sbuf!pg!%434!qfs!upo/!!Ju!xbt!vodmfbs! xifuifs!uijt!bekvtunfou!xpvme!cf!nbef!evsjoh!uif!ofhpujbujpot-!ps!po!Kvmz!2-!xifo!uif!ufsn!pg! uif!dpousbdu!cfhbo/!Ju!jt!dmfbs-!uibu!uif!sftjefoujbm!Tfswjdf!Gff!pg!%61/48-!xjmm!dibohf!po!Kvmz2- 3129-!xibu!jt!vodmfbs!jt!cz!ipx!nvdi/!!Epft!uif!%61/48!dpotjefsuif!dvssfou!qsjdf!pg!%434!ps!jt! ju!cbtfe!pgg!%369@!!Jg!uif!Tfswjdf!Gff!jt!cbtfe!pgguif!%369!ejtqptbm!sbuf-!uif!gff!xjmm!jodsfbtf! tvctuboujbmmz/ Page 134 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Item 5.Cpspvhi!Tubgg!dibohfe!bo!jufn!jo!uif!Esbgu!Dpousbdu-!xijdi!jt!jodmvefe!jo!uif!Bttfncmz! 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Sfqpsu!mpdbufe!jo!zpvsBttfncmz!Qbdlfu-!po!qbhf!:2-!Cpspvhi!Tubgg!sfdpnnfoet!uibu!uif dpousbdu!cf!bxbsefe!up!Bmbtlb!Xbtuf!cfdbvtf!Bmbtlb!Xbtuf“t!sbuf!bsf!tvctuboujbmmz!mpxfs!boe! cfdbvtf!Bmbtlb!Xbtuf“t!rvbmjgjdbujpo!ibe!tvctuboujbmmz!npsf!efqui!jo!fyqfsjfodf!uibo!Fnfsbme! Tbojubujpo“t!qspqptbm/ Uif!SGQ!mbztpvu!uif!Fwbmvbujpo!Dsjufsjb!uibu!jtup!cf!vtfe!up!fwbmvbuf!uif!qspqptbmt-!bmpoh!xjui! uif!sfmbujwf!xfjhiu!uibu!fbdi!gbdups!jtup!cf!hjwfo/!!Tff!uif!ubcmf!cfmpx; Sfmbujwf!Xfjhiu!pg!Fwbmvbujpo!Dsjufsjb Fwbmvbujpo!DsjufsjbSfmbujwf!Xfjhiu Sbuf!Qspqptbm46& Rvbmjgjdbujpot!boe!Sfgfsfodft26& Tbgfuz6& Ufdiojdbm36& Mjujhbujpo-!Sfhvmbujpot!'!Mjbcjmjuz6& Dpousbdu!Fydfqujpot26& Uijt!ubcmf!dbo!cf!gpvoe!po!qbhf!38!pg!uif!Esbgu!Dpousbdu!jo!zpvs!Bttfncmz!Qbdlfu!)qbhf!22:!pg! zpvs!Bttfncmz!Qbdlfu*/ Page 135 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. 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Page 137 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. From:noreply@civicplus.com To:sam@klcak.com Subject:Online Form Submittal: Records Request Form Date:Thursday, July 20, 2017 10:08:28 AM Records Request Form Please complete the online form below. PERSONAL INFORMATION Sam Rohrer Name of Individual or Company Request Records 7/20/17 Date P.O. Box 1388 Mailing Address 9074864074 Contact Phone Number Sam Rohrer Contact Person 9074864074 Other Contact Phone Number sam@klcak.com Email Address Field not completed. Fax Number RECORDS REQUESTED Please describe in detail below the information/documents requested using as much specificity as possible. N/A I request to INSPECT ONLY the following documents or files The complete bid package from Alaska Waste for the Solid I request copies of the Waste Collection RFP as well as the results of the following documents or files evaluation used to select Alaska Waste for award. Electronic Copy I prefer to receive copies of the documents or files in the following format Yes, I Understand I understand that I will be charged a fee for each page after the first 20 pages that I request to be Page 138 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. copied/scanned. I further understand that in accordance with KIB Code 2.40.040(B) if the production of records for my requests in a calendar month exceeds five hours of staff time, the Borough shall require me to pay the personnel costs required during the month to complete the search and/or copying tasks. Fees and costs are established by resolution and can be found in the Borough’s current and adopted fee schedule. CERTIFICATION OF NONLITIGATION AFFILIATION I am not involved in litigation, in a judicial or administrative In accordance with Alaska forum, with the Kodiak Island Borough of another public Statutes 40.25.122, I certify agency to which the requested record is relevant; , I am not that: acting on behalf of or otherwise representing any person who is involved in litigation with the Kodiak Island Borough or another public agency to which te requested record is relevant. In accordance with KIB Code 2.40.030, within 10 business days of receiving this request, records will be provided, the deadline could be extended upon notice to the requestor, or the reason we are unable to provide the requested information will be provided to you. If you have questions, please call 907-486-9310. CLERK'S OFFICE REPLY TO YOUR PUBLIC RECORDS REQUEST Field not completed. Name of Individual or Company Requesting Record Field not completed. Date Request Received ____ Inspection only (no copies or scanning required) ____ Enclosed are the records you requested _______ Hardcopy _______ Electronic Copy _______ Email Copy ____ Enclosed are the records you requested and have paid $________ _______ Hardcopy _______ Electronic Copy Page 139 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. _______ Email Copy ____ The records you requested have been provided on CD or DVD @ $5 per disk, for a total cost of $____________. ____ The records you requested have been located and exceed the number of pages and/or hours or research that the Borough provides at no charge. The cost is $__________ for ________ pages at $__________ per page and/or the cost of $__________ for __________ hours of research. You will be required to submit a deposit in the amount of $________ before the records request process will be initiated, and final payment will be payable once records are disclosed. ____ We are unable to provide the records you requested _______ A search was made, but no records were found. _______ A search was made, but the requested item is not available because it is not a public record for the following reason:__________________________________ _______ We are unable to find the record you requested because the request did not include sufficient information to find it. Please contact the Borough Clerk's Office at 907-486-9310. _______ Not within the Borough's jurisdiction. CLERKS' OFFICE STAFF USE ONLY Field not completed. Request referred to: Field not completed. Date: Field not completed. Records request closed on (date): Page 140 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. From:Sam Rohrer To:"Laurie Pardoe";"dconrad@kodiak.us" Cc:"Bob Tucker";"mpowers@kodiakak.us" Subject:RE: Records Request Date:Monday, July 24, 2017 9:01:00 AM Attachments:image001.png Ms. Pardoe and Mr. Conrad, Thank you for the email on Friday, however I am not satisfied with the response. First, I was informed by email from Bob Tucker on 6/14/17 that copies of the proposals would be released after the Borough was done with the analysis. It would appear as the Borough is done with their analysis, since you have extended a Notice of Intent to award, and because that notice expressly says the Borough has completed their review. Based on that email, the proposals should now be released. Second, the Notice of Intent to Award Letter says that bidders wishing to protest this award may do so by filing a formal written protest within 10 days after announcement of the Notice of Intent to Award. Also, according to the letter, the written protest shall include, along with other items, copies of relevant documents and reasons for the proposal protest. If I am given no information as to why the Borough is extending a Notice of Intent to Award to Alaska Waste, nor I am given no information regarding their proposal, then I have no information by which to formulate a meaningful protest or to even decide if a protest is warranted. The Notice of Intent to Award letter was emailed on 7/19/17, today is 7/24, that now leaves me only 6 days to receive the information I have requested, research the information, and decided if a formal protest is warranted. Due to this short time period, I would request a brief meeting early this afternoon with Mr. Conrad and Mr. Powers to address my concerns. Thank you for your consideration and I look forward to your timely response, Sam Rohrer, CEO Emerald Sanitation Inc. From: Laurie Pardoe \[mailto:lpardoe@kodiakak.us\] Sent: Friday, July 21, 2017 4:38 PM To: sam@klcak.com Cc: Clerks <Clerks@kodiakak.us>; Bob Tucker <btucker@kodiakak.us> Subject: Records Request Good afternoon, Sam. I received a response to your records request that was submitted on July 20, 2017. Please see the information provided below. Thank you, Page 141 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Laurie Pardoe Deputy Clerk / Records Administrator Office of the Borough Clerk Kodiak Island Borough 710 Mill Bay Road, Room 234 Kodiak, AK 99615 P: 907.486.9310 F: 907.486.9391 lpardoe@kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Dave Conrad Sent: Friday, July 21, 2017 12:59 PM To: Clerks Cc: Michael Powers; Bob Tucker Subject: Records Request - Sam Rohrer I have discussed this request with the manager and at this time the KIB’s position is that as the contract has not been awarded and that release of the requested information may compromise the possible negotiations with the apparent low bidder and the requestor’s firm, the KIB will not be releasing these documents until after a successful award has been approved. Page 142 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 143 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 144 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 145 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. Page 146 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. AGENDA ITEM #13.A.1. Limitation on Manager's Authority Page 147 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... AGENDA ITEM #3.B. not times . Page 148 of 148 Contract No. FY2018-07 Solid Waste Collection Services Contract for the ... Kodiak Island Borough Assembly Special Meeting Guidelines March 08, 2018, 9:30 p.m., School District Conference Room 1. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Mayor Rohrer and Assembly member Crow who are absent due to personal leave. VOICE VOTE ON MOTION. 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION To Discuss With The Borough Attorney Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026 To Review Proposals And Tabulations. This Qualifies For Executive Session As It Is A Matter Which By KIBC 3.30.110 Requires To Be Confidential - All Proposals And Tabulations Of RFPs Shall Be Open To Public Inspection Only After The Contract Award. Recommended motion: Move to convene into executive session to discuss and review proposals and tabulations relating to Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018- 2026. This qualifies for executive session as it is a matter which by KIBC 3.30.110 requires to be confidential - all proposals and tabulations of RFPs shall be open to public inspection only after the contract award. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite Assembly members, Borough Manager, E&F Director, and Borough Clerk into executive session. VOICE VOTE ON MOTION. After the vote, Deputy Presiding Officer Skinner recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Deputy Presiding Skinner reconvenes the regular meeting and announces: Kodiak Island Borough Assembly Guidelines March 08, 2018 Page 1 The Assembly discussed with the Borough Attorney Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026 Proposals and Tabulations AND • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. B. Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026. Clerk's Note: The motion is Manager to execute Contract Contract with Alaska Waste Fiscal Years 2018-2026." Assembly discussion. already on the floor which No. FY 2018-07 Solid Waste of Alaska Inc. for the Kodiak ROLL CALL VOTE ON MOTION. 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. s `to authorize the Collection Services Island Borough for Kodiak Island Borough Assembly Guidelines March 08, 2018 Page 2 Ml 0 E m O O Q iJ `�} _14 5 DU D u n U 1 r c 0 .. N o = c v o• 9 j ao n o 7 a N a) a U 0 a a v o c c N X �0 m o 0 w 0 0 0 n 'E c — o a U N ' 5.2— um E � c `o `o c c 0 o QI N o. adr �yL U NE o -o E ro E L o y o fh a) T N L_ O O C 'co o c E NO N 5 •� y -a O G C 0 o 0 o m 'm 0 Z IIJ T N N ca L m U U o C E � N � o 1v\ o > •c E c > n H Ho o } W m (A N N LL: O > O H > d >o. m 2 2 d } Z Q = m N i m 7 � � N C a� a) U O 'o N o ZO cowEO� CocLi Y E i, m Y J �a U Y U U 0 w> Co c >o, m vWi Z O m m O Z o } 0 O a E °' N a7 3 O1 m 53N � m C E � m O (�. W ~ O L.O. 0 � 0 c ` m (WA E E O Z W U' Z 2 N T o 0 0 �j / >* U O d o L C N O C O o m W N $ Z o C m m 0 C C :4 T E 5, ..J Z L 2 L VY m (n U) (n to > O< Z O i m m y Q ~ aa) Z o O > o C W } N E p L @ 2 -0C o � w E (D a) O O N 3 v In Lo (� U) > m vi m 2 2 2 2 DU D u n U 1 r c 0 .. N o = c v o• 9 j ao n o 7 a N a) a U 0 a a v o c c N X �0 m o 0 w 0 0 0 n 'E c — o a U N ' 5.2— um E � c `o `o c c 0 o QI N o. adr �yL U NE o -o E ro E L o y o fh a) T N L_ O O C 'co o c E NO N 5 •� y -a O G C 0 o 0 o m 'm C a7 �U ro CL U R ami o In v v N � C �O N G CD � d o o. Lo d 7 O. y .00 Cr Q' C a CD -o C v Co c C N X O d a aw O Co ° `o n E 9 0 Cu N Q Cu Q5 E d 7 o `o C � O C N O O. 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NCL L N N Lw E U N o� E 6 E E a o Co o N Y '— O O C .�T -o° E E o v ,7m m U o N N v co- o `o O N N 2 w 2 KODIAK ISLAND BOROUGH Meeting Type: ASSc WI SPeUAfHSfi Date: Wrdh ort7017 riease MIN i your name urease rKIN i your name D �1 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2018, No. 19 March 09, 2018 At Its Special Meeting Of March 08, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, March 22, 2018, At 6:30 p.m. In The School District Conference Room CONVENED Into Executive Session To Discuss Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026 To Review Proposals And Tabulations. This Qualifies For Executive Session As It Is A Matter Which By KIBC 3.30.110 Requires To Be Confidential - All Proposals And Tabulations Of RFPs Shall Be Open To Public Inspection Only After The Contract Award; INVITED Assembly Members, Borough Manager, E&F Director, And Borough Clerk Into Executive Session; And NO ACTION Was Taken As A Result Of The Executive Session. The Assembly REQUESTED That The Attorney Put In Writing The Verbal Legal Opinion He Has Provided To Staff And Submit It To The Assembly. POSTPONED Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026 To The March 22, 2018 Regular Meeting Of The Assembly.