Loading...
LTC 226-2003 CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. ;;;;)lA-- qnn?> ~ To: Mayor David Dermer and Members of the City Commission From: Jorge M. Gonzalez op.C--fo1t. City Manager Date: September 23, 2003 Subject: COMMUNITY TRASH & RECYCLING CENTER I am providing the following information in response to a letter that Mr. W. Tucker Gibbs has sent to the City Commission. The Community Trash and Recycling Center has been in continuous operation in its current location since 1934. This is a site used for temporary storage of solid waste material en route to a landfill or recycling center. Under our current operational practices the following materials are being disposed at the Community Trash and Recycling Center: . Clean landscaping waste (residents and property owners or their contracted landscapers) . Bulk waste items such as appliances and furniture (residents and property owners or their contractors) . Construction and demolition debris (residents and property owners or their contractors ) The current operations are perceived by neighboring residents to produce significant truck traffic. In practice, on the average, only one BFI truck per day enters the facility to drop off an empty roll-off container and pick-up a full one. Pursuant to Florida Department of Environmental Protection regulations and Miami-Dade County Department of Environmental Resources Management (DERM) Consent Agreement requirements, the City is required to renovate the existing facility to provide a new stormwater drainage system, leachate control system. and waste material storage equipment to preclude any negative impact on the surrounding environment. I Notwithstandi~g the planned capital program to renovate the facility, we will pursue discussions with DERM to find out if the elimination of any of the waste streams listed above would reduce significantly the capital improvement cost of renovating the existing facility. There are no other facilities within or in close proximity to the City, which may be utilized by the City's residents, contractors, or City crews for disposal of acceptable materials. For your information, in our continuing effort to improve sanitation services as part of our renewal agreement with Browning Ferris Industries Waste Systems of North America, Inc. (BFI); we have negotiated an illegal dumping abatement program which will provide roll-off containers to be placed in two different locations on the first weekend of each month. As soon as we receive information from DERM, I will provide you with additional materials and recommendations. In the meantime, it is my intent to minimize the use of this facility so as to not overly impact the area residents in an adverse manner. For reference, I am attaching a copy of our Current Service Agreement with BFI which contains definition and description of work for the City's Community Trash and Recycling Center. Should you require additional information, please contact me. JMG\RCM\FHB\dml Attachment c: Robert C. Middaugh, Assistant City Manager Fred H. Beckman, P.E., Public Works Director F:\CMGR\$ALL\L TC-03\Slash Site.doc ( . . . . 5. DEFINITION OF TERMS. 5.1 Authorized Re.presentative: The employee or employees designated in writing by the City Manager to represent the City in the administration and supervision of this Agreement. 5.2 Biohaz.llrrlous Waste: Any solid waste or liquid waste which may present a threat of causing disease or infection to humans. The term includes, but is not limited to, non- liquid human tissue and body parts; laboratory and veterinary waste which contains human-disease-causing agents; used disposable sharps, human blood, and human blood products and body fluids; diseased or dead animals; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. Biohazardous wastes are not included in the scope of this Agreement. S.3 Bulk Waste: Any household furniture, household trash, remodeling & home repairs trash, white goods, and/or yard trash, which cannot be cut for placement into a container, bag, or bWldle due to the material exceeding the weight and size restrictions for regular trash collection. as defined herein. Bulk wastes shall be of a type as to be readily handled by the mechanical equipment of the Contractor. Bulk waste does not include any matter or debris resulting-from tree removal, land cleariog, land development, building construction or demolition, automobiles, automotive components, boats or internal combustion engines. 5.4 ~: The City of Miami Beach, Florida. and its authorized representatives. 3 . ~ 5.5 City Manaeer: The City M3I1ager of the City of Miami Beach, Florida, or a designee appointed by the City Manager. 5.6 Construction and Demolition Debris: Materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, or asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, and including rocks, soils, tree remains, andother vegetative matter which nonnally results from land clearing or land development operations for a construction project. S.7 Contractor: The person, finn, corporation, holding company, organization, agency, or other entity with whom the City has executed this Agreement for performance of the work or supply of equipment or materials, or its duly authorized representative. All successors to Contractor are included in this definition. S.8 Di~osal Costs: The "tipping fees" charged to Contractor for disposal of the solid waste collected by Contractor. 5.9 Garbaie: Every refuse accumulation generated from a residence or multiple dwelling unit of animal, fruit, vegetable, or organic matter that attends the preparation, use, cookin& c:onsumption, or storage of, meats, fish, fowl, fruit or vegetables, and other foodstuffs, including packaging materials. S.10 Garbai!c Can or Container: A container made of galvanized metal, durable plastic or other suitable material of a capacity not less than ten (10) gallons and not to exceed thirty (30) gallons approved for use by the City Manager or his designee. Such 4 ( . - container shall have two han!iles upon the sides thereof, or a bail by which it may be lifted, and shall have a tight fitting solid top. S.ll Ha7.arrlous Waste: Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to hwnan health or the environment when improperly transported. disposed of, stored, treated, or otherwise managed. 5.12 Household Furniture: All movable compactible articles or apparatus, such as chairs, tables, sofas, mattresses, etc., for equipping a house. 5.13 Household Trash: Accwnulations of paper, magazines, packaging, containers, sweepings, and all other accwnulations of a nature other than garbage or yard trash, which are usual to housekeeping and to the operation of stores, offices and other business places. Household trash shall include, but not be limited to, all small appliances, small furniture, yard toys, and building material waste from remodeling and home repair projects. Waste generated by building contractors or subcontractors is not household trash. 5.14 Industrial Wastes: Any and all debris and waste -products generated by manufacturing, processing, land clearing, and demolition projects. Industrial wastes are not included in the scope of this Agreement. S.JS Infectious Waste: Those wastes which may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes which may 5 , . . . 5.21 Rec:yclable Materials: Those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 5.22 Recycling: Any process by which solid waste or materials which otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form ofraw materials or products. 5.23 Residence (Sin~le Familx): A detached building designed for or occupied exclusively by one family. 5.24 Refuse: Both trash and garbage or a mixture of trash and garbage, including paper, glass, metal, and other discarded matter, excluding recyclable materials. 5.25 . Refuse Reeulations: Regulations prescribed by the City together with such administrative rules, regulations, and procedures as may be established for the purpose of canying out or making effective the provisions of the Agreement. 5.26 Remodelin~ and Home Re.pairs Trash: Waste materials accumulated by the homeowner or tenant during the course of a self-perfonned improvement project. including, but not be limited to, carpeting, cabinets, dry wall, lumber, paneling, and other such construction related materials. Such trash shall be prepared in lengths not to exceed five (5) feet or fifty (50) pounds in weight. Carpeting will be picked up by the Contractor if cut to len~ of six (6) feet or less-and burn:lted. 5.27 Residential Service: The refuse collection service provided to persons occupying residential dwelling units within the designated area, who are not receiving commercial service. 7 f ~ . . . 5.28 Solid Waste: Garbage, bulk trash, construction & demolition debris, special wastes, white goods, yard trash, and other discarded material. 5.29 Solid Waste Di~posal Facilit;y: Any facility which is the final resting place for municipal solid waste, including landfills and incineration facilities. S.30 Special Waste: Solid wastes that can require special handling and management, including, but not limited to, asbestos, whole tires, used tires, used oil, lead-acid batteries, biological wastes, infectious waste, hazardous waste, loose refuse, industrial wastes, and construction and demolition debris. 5.31 Specifications: Directions, provisions and requirements contained in the Request for Proposals, together with this Agreement, and any other written contract made or to be made setting out or relating to the methods and manner for the work to be carried out. 5.32 White Goods: Inoperative and discarded refrigerators, ranges, water heaters, freezers, small air conditioning units, and other similar domestic appliances. 5.33 Yard Trash - ReiUlar: Any and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps, and other similar items generated by the maintenance of yards, gardens and landscaping. Such trash shall be bundled or placed in containers which are susceptible to nonnalloading and collection as other residential solid waste. No yard trash shall be in excess offout (4) feet in length or four (4) inches in diameter. No bundle or filled container shall exceed fifty (50) pounds in weight. 8 r 9.0 DESCRIPTION OF WORK: OPERATION OF TIlE CITY'S SOLID WASTE MANAGEMENT F ACIUTY 9.1 Description of Work: The Contractor shall be responsible for operating the Solid Waste Management Facility located at 2800 Meridian Avenue, adjacent to the Bayshore Golf Course (the "Facility''). 9.2 Facilitv Description: Historically, the Facility has been used as a community trash and recycling center for the disposal of Bulle Waste by local residents, landscapers and contractors. The Facility has also been used by the City for the disposal of trash collected by the City while performing routine maintenance of City facilities, parks, and right-of-way. As a result of increased environmental agency regulation and the City's plans to renovate the adjacent golf course, the Facility is in a state of transition. The City is flow in the process of renovating and modernizing the facility with improved access, drainage and leachate control systems, material sorting decks, equipment staging areas, and an improved landscape buffer surrounding the Facility. The City is also in the process of obtaining a Materials Recovery Facility Permit for the Facility from the Miami-Dade County Department of Environmental Resource Management (DERM). It is not the City's intent to increase the overall volwne of material processed through the Facility or the industrial nature of the Facility. Insfcac!;the intent is to increase the quality and timeliness of the services offered, and to lower the costs charged to residents by allowing for more efficient use of space, cost savings realized by sorting of waste streams and increased recycling. 19 9.3 Hours of Operation: The ContTac~or shall be required'to provide any and all necessary manpower and equipment to receive, control, secure, collect dwnping fees, and dispose of all Acceptable Materials, as defined in Section 9.13, six (6) days per week, Monday through Saturday, from the hours of7:00 a.m. to 5:00 p.m. The Contractor will post the days and hours of operation in a readily visible place at the entrance of the Facility. The Facility shall be closed on New Years Day, July 4th, Labor Day, Thanksgiving, and Christmas. The Contractor will post these closure dates all year, in the same manner as set forth above. Hours of operation shall not be otherwise extended or shortened without the prior written consent of the City. After receipt of written consent from the City, the Contractor will be responsible for notifying all residents via written notification at least two (2) weeks before the revised hours of operation commence. Nothing herein shall be construed to authorize hours contral)' to the hours governing such operations. 9.4 The Facility shall be accessible to residents of the City of Miami Beach, City of Miami Beach Employees, and landscapers and contractors performing work within the city limits ofthe City of Miami Beach. 9.5 At least one (1) ofthe Contractor employees shall be on site at all times to oversee the day to day operation of the Facility, to charge City residents, contractors and landscape finns, and to prepare disposal tickets for City vehicles. This individual shall also direct traffic as to where loads should be dropped. 20 ( 9.6 The Contractor shall receive all City deposits of Acceptable Material, as defined in Section 9.13, at the Facility. Duplicate receipts shall be maintained. One (1) copy will be signed by City personnel and be retained by the Contractor for monthly billing to the City, and one (1) copy will go to City personnel to reconcile monthly billings. 9.7 The Contractor may upon authorization from the City Commission, with proper regulatory agency permits, produce mulch from Clean Yard Waste and make mulch available to the City and Residents at no additional cost, as limited by the quantity of mulch produced at the Facility. The Contractor shall identify and segregate Clean Yard Trash received at the Facility. The Contractor shall be responsible for the removal and disposal of any excess mulch from the Facility. The Contractor shall not be responsible for any damages or injury to persons or property resulting from use of mulch obtained from the Facility by the City or other individuals. 9.8 The Contractor shall not allow excess accumulation of waste materials at the Facility; shall conduct a neat and orderly operation at all times; shall be solely responsible for the necessary housekeeping services to properly maintain the Facility; and shall repair and maintain its equipment in good operational condition. No signs (other than the entrance sign described herein) or advertising shall be placed at or - in the Facility unless first approved, in writing, by the City Manage:ror his authorized representatives. All signage shall comply with the City's established criteria, as set forth in Ordinance No. 89-2665, as may be amended from time to time. 21 r . . 9.9 Tbe Contractor shan use Its best t!fTorts to assure that its operation of tbe Facility does Dot reasonably interfere with tbe existiDz character oftbe surrounding residential area. 9.10 Prior to commencement ofits operation ofthe Facility, the Contractor shall obtain any and all necessary identification numbers, permits, licenses and other requirements necessary to operate the Facility, and shall thereafter perfonn its obligations hereunder in compliance with any and all applicable Federal, State, and local laws, rules and regulations. 9.11 Fee Schedule: The Contractor shall adhere to the following fee schedule: Clean Yard Trash Qk Includes grass, palm fronds, leaves, branches. shrubs,vines,~, tree stwnps, and other similar vegetative, matter generated by the maintenance of yards, gardens and landscaping. Includes construction and demolition debris, household furniture,household trash, remodeling & home repair trash, white goods and mixed wastes. ChaNes to the City: $5.00 per cubic yard $8.00 per cubic yard Cbarees to Residents: Cars Pickups and SUYs Van or Trailer FREE FREE $10.00 per cubic yard FREE FREE $18.00 per cubic yard Charl!!I to contracton and landscaDe firms: Pickul'L Van or Trailer $12.00 per cubic yard $12.00 per cubic yard $20.QQ..p~ cubic yard S20.00 per cubic yard 9.12 Upon thirty (30) days prior written notice to the City, the fees set forth in Section 9. 11 shall be adjusted annually, on the anniversary date of the Agreement, according to increases or decreases in the South East Consumer Price Index, up to five percent (5%). 22 9.13 Acc~table Materials: "Acceptabl~ Materials" shall include those items set forth under Sections 5.3, 5.6, 5.12, 5.13, 5.26, 5.32, 5.33, and 5.34. Any waste containing biohazardous waste, hazardous waste, industrial waste, infectious waste, or garbage shall not be deemed Acceptable Material. Contractor shall be responsible for disposing of all Acceptable Materials delivered to the Facility. All disposal shall be in accordance with current City, County, State and Federal laws and regulations. 9.14 Indemnification: Contractor shall indemnify, defend and save the City hannless from and against any and all claims or causes of action (whether groundless or otherwise) by or OD behalf of any persons, finn regarding corporation, for personal injury or property damage, or other occuning upon the Facility, or in connection with the Facility, occasioned in whole or in part by any of the following: a an act of omission on the part of the Contractor or any employee, agent, invitee, or guest, assignee or subcontractor of Contractor; b. any misuse, neglect, or unlawful use of the Facility by the Contractor; and/or c. any breach, violation. or nonperfonnance of any undertaking by the Contractor under this Agreement. Contractor agrees to pay andshail pay for all damage to the Facility caused by the Contractor-- or any employee, guest or invitee of the Contractor. 23