Loading...
2004-25648 Reso RESOLUTION NO. 2004-25648 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH AND BULK WASTE AND THE OPERATION OF THE CITY'S GREEN WASTE FACILITY WHEREAS, the City of Miami Beach has a need to contract for the collection and disposal of residential solid waste, yard trash, and bulk waste; and WHEREAS, the current contract with Browning Ferris Industries (BFI), expires on October 31,2004; and WHEREAS, the City has the option, at its sole discretion to renew the contract for the last year; and WHEREAS, BFI notified the City that they were not interested in renewing the contract for the last one-year term under the current terms and conditions; and WHEREAS, the current contract does not allow the City to negotiate different terms and conditions; and WHEREAS, the scope of work has been prepared by the Sanitation Division of the Public Works Department for incorporation into a Request for Proposals (RFP) to be issued by the Procurement Division; and WHEREAS, the purpose of issuing an RFP is to obtain proposals from professional waste collection vendors with the capability and experience to provide efficient and cost effective waste collection and disposal services. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of Miami Beach, Florida authorize the City Manager to issue a Request for Proposals for the collection and disposal of residential solid waste, yard trash, bulk waste and the operation of the City's Green Waste Facility. ~~ rM-~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION JiI$ 8;!.-d'( PASSED, ADOPTED, AND APPROVED thi ATTEST: T:\AGENDA\2004\JuI2804\Consent\RFP Waste Collection RESO.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m - Condensed Title: A Resolution authorizing the City Manager to issue a Request for Proposals (RFP) for the collection and disposal of residential solid waste, yard trash and bulk waste and operation of the City's Green Waste Facilitv. Issue: Shall the City of Miami Beach Commission authorize the City Manager to issue a RFP for residential solid waste collection and disposal services? Item Summary/Recommendation: The current contract with Browning Ferris Industries (BFI) expires on October 31,2004. After the second one-year term renewal, in early 2004, the local BFI Senior Management Team was replaced. Since then, the City has experienced a decrease in quality of service. The City has the option, at its sole discretion to renew the contract for the last year; however BFI notified the City in March 2004 that they are not interested in renewing the contract under the current terms and conditions. The contract does not allow the City to negotiate different terms and conditions; it only allows adjustments to price due to increase in Consumer Price Index and increases in disposal costs. After March 2004, BFI's local operations have been offered up for sale. Based on the above, the Administration believes it would not be in the City's best interest to force a renewal since the potential of further service degradation would put the City in a position to have to default the existing contractor. The RFP Scope of Work addresses schedules, frequency, specific functions ofthe contractor, equipment, response time, special events, and customer service. The total average residential accounts being serviced monthly is approximately 6,373 with 1,000 tons of solid residential waste and yard trash being collected. The following changes to the previous RFP Scope of Work were made: a second weekly yard trash pick-up has been added; the number of holidays with no service have been reduced from four (4) to one (1); successful bidder is required to provide new vehicles at the start of the contract; and only green waste will be accepted at the City's Green Waste Facility. The Administration recommends adoptino the Resolution. Advisory Board Recommendation: I Financial Information: Source of , ... , ...... , Funds: 1) D 2/ ..~) ..... '4. Finance Dept. Total. Ci Clerk's Office Le islative Trackin Robert Halfhill, Public Works Department Si n-Offs: Departmen Assistant City Manager T:\AGE DA\2004\Ju128041Consent1RFP Solid Waste Collection Summary.doc AGENDA ITEM DATE C.70 7-Jg-Ol( CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM Subject: Mayor David Dermer and Date: July 28, 2004 Members of the City Commission d ........---. Jorge M. Gonzalez .f)/'-c-'l City Manager U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH AND BULK WASTE AND THE OPERATION OF THE CITY'S GREEN WASTE FACILITY. To: From: ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND A residential solid waste collection contract was awarded to Browning Ferris Industries Waste Systems of North America (BFI) on October 18, 2000, expiring on October 31 , 2002. Under the terms of the contract, the City has the option, at its sole discretion, to renew the contract for up to three (3) consecutive one-year terms by giving the contractor written notice of renewal at least sixty (60) days prior to renewal of the term. On September 26, 2002, the Mayor and Commission authorized the first one-year term renewal, expiring October 31, 2003. On October 15, 2003, the Mayor and Commission authorized the second one-year term renewal, expiring October 31,2004. Under the terms of the contract, one-year term renewals shall be at the same cost to the City as the previous terms, except for any rate adjustments authorized in accordance with Increase in Disposal Costs and Consumer Price Index. After the second one-year term renewal, in early 2004, the local BFI Senior Management Team was replaced. Since the management change, the City has experienced a decrease in quality of service including timeliness in responding to complaints. BFI notified the City on March 11, 2004, that they were not interested in renewing the contract for the last one-year term under the current terms and conditions, (Attachment A). The current contract does not allow the City to negotiate different terms and conditions, it only allows adjustments to price due to increases in Consumer Price Index and increases in disposal costs. Since March 2004, BFI's local operations had been offered up for sale. ANALYSIS Based on BFI's unwillingness to continue for another year under the current terms of their contract, their change in senior management, the increasing quality service issues, and BFI local operations being offered up for sale, the Administration believes it would not be in the City's best interest to force a renewal under the current terms and conditions ofthe contract, since the potential of further service degradation would put the City in a position to have to default the existing contractor. Because the current contract expires on October 31, 2004, the City has started the process to issue a Request for Proposals (RFP) which will result in a recommendation to the Mayor and the Commission for a new service provider. A selection committee will be appointed to evaluate all the proposals and make a recommendation for award based on cost, experience, management team qualifications, and past proven performance. It is the Administration's belief that there will be enough interest among local bidders to generate a competitive price. The Administration intends to recommend award and issue Notice to Proceed in September 2004. This would give ample time to the successful bidder for proper transition and avoid any interruption of service to the residents The attached Scope of Work, (Attachment B) for the Request for Proposals (RFP) has been developed by the Sanitation Division of the Public Works Department. The Scope of Work addresses schedules, frequency, specific functions of the contractor, equipment, response time, special events, and customer service. The total average residential accounts being serviced monthly is approximately 6,373 with approximately 1,000 tons of residential solid waste and yard trash and bulk waste being collected per month. The RFP will form the basis for the selection of vendor(s) and the negotiation of a multi-year contract. The following changes to the previous RFP Scope of Work were made: a second weekly yard pick-up has been added; the number of holidays with no service has been reduced from four (4) to one (1); successful bidder is required to provide new vehicles at the start of contract; and only green waste will be accepted at the City's Green Waste Facility. RECOMMENDATION The Administration recommends issuance of the RFP. JMG/RM/FB T:\AGENDA\2004\JuI2804\Consenl\RFP Solid Waste Collection MEMO.doc ATTAC/~ml::?l^11 A- March 11, 2004 Bf, Mr. AI Zamora Sanitation Director City of Miami Beach 140 Mac Arthur Causeway Miami Beach, Florida 33139 RE: Service Agreement for the Collection and Disposal of Residential Solid Waste, Yard Trash, Bulk Waste and Operation of the City's Solid Waste Management Facility. Dear Mr. Zamora, As you know, the current above named contract expires on October 31, 2004. Though BFI wants very much to continue it's long established working relationship with the City of Miami Beach, we are advising you that we are not able to request an extension of this contract at it's expiration under the current terms and conditions. We felt it best to advise you as soon as possible so that you may begin work on a Request for Proposals (RFP). If however, the City is interes,ted in discussing alternative terms, please know that we are willing to immediately begin those discussions. We have always been proud to provide solid waste collection services to the residents of the City of Miami Beach. If a new RFP is forthcoming, we will definitely respond. Thank you for the time and effort you've spent working with us. We look forward to hearing from you soon. '~ ~i~ Mike DeMarco General Manager lA 3840 Northwest 37th Court. Miami, Florida 33142 Phone 305-638-3800 . Fax 305-634-4272 www.bfi.com }O<;t Pv5(-c0pwm:t' (j) GENERALINFO~ATION It IIAc' f/ mcru T 13 ~ SECTION 11- SCOPE OF SERVICES 1. LIAISON BETWEEN CITY AND CONTRACTOR All dealings, contracts, notice and payments between the Contractor and the City shall be directed by the Contractor to the City Manager or the City Manager's designee. All references herein to the City Manager shall also include a designee of the City Manager. la. ROUTE INFORMATION SOUTH BEACH (Biscayne Street to 41st Street, including islands - approximately 1,240 units) Mon. & Thurs., Solid Waste & Yard Trash MIDDLE BEACH NORTH BEACH (41st Street to 67th Street- (67th St. to 87th Terrace- approximately 2,743 units) approximately 2,390 units) Tues. & Fri., Solid Waste & Yard Trash Wed. & Sat., Solid Waste & Yard Trash The total average units serviced monthly is approximately 6,373, with approximately 1000 tons of solid waste and yard trash being collected. There is no limit to the amount of such waste and yard trash that the Contractor will be required to collect. Avg. # of Units Serviced Monthly Residential, Duplexes, Townhouses 5,426 (5,309 Single Family, 117 Townhouse & Duplexes) Multiple Dwelling Building 946 (units) lb. DUMPING REQUIREMENTS All garbage and yard trash must be disposed in accordance with County, State and Federal regulations. 2.0 COMMENCEMENT OF WORK The work outlined in these specifications shall commence immediately upon receipt of a Notice to Proceed. RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 11 3.0 TERM ~ 3.1 The term ofthe Contract shall be for the period ofthree-years beginning from date of award. 3.2 The City shall have the option, at its sole discretion, to renew this Contract for up to two (2) consecutive one-year term extensions by giving written notice of renewal at least sixty (60) days prior to the end of the previous term. Such renewal shall be at the same cost to the City as the cost of the previous term, including any rate adjustments authorized in accordance with sections 11.11, 14.3 and 14.4. 4.0 DEFINITION OF TERMS The following terms shall have the following meanings: 4.1 Authorized Representative: The employee or employees designated by the City Manager to represent the City in the administration and supervision ofthis Contract. 4.2 Proposer: Any person, firm, corporation, organization, or entity submitting a proposal for the work proposed. 4.3 Biohazardous 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. 4.4 City: City of Miami Beach, Florida, and its authorized representatives. 4.5 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, and other vegetative matter which normally results from land clearing or land development operations for a construction project. 4.6 Contract or A2reement: The contract executed by the Owner and the Contractor for the performance of the work. The Contract shall contain substantially the terms provided herein or in any purchase order issued pursuant to the provisions contained herein. 4.7 Contractor or Vendor: The person, firm, corporation, organization, or entity with whom the Owner has executed a contract for performance ofthe work or supply of equipment or materials, and its duly authorized representative. RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 12 4.8 Disposal Costs: The "tipping fees" charged to the Contractor for disposal of the garbage and trash collected by the Contractor. 4.9 Garbal!e: Every refuse accumulation of animal, fruit,~, or organic matter that attends the preparation, use, cooking and dealing i~age of, meats, fish, fowl, fruit or vegetables, and decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. 4.10 Garbal!e Can or Container: A container made of galvanized metal, durable plastic on other suitable material of a capacity not less than ten gallons and not to exceed thirty gallons approved for use by the City Manager or his designee. Such container shall have two handles upon the sides thereof, or a bail by which dirt may be lifted, and shall have a tight fitting solid top. 4.11 Garden and Yard Trash: Any and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps, and other similar items generated by the maintenance oflawns, shrubs, gardens and trees. 4.12 Hazardous 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 human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. 4.13 Household Furniture: All movable compactable articles or apparatus, such as chairs, tables, sofas, mattresses, etc., for equipping a house. 4.14 Household Trash: Accumulations of paper, magazines, packaging, containers, sweepings, and all other accumulations of a nature other than garbage or lawn 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 residential do-it-yourself proj ects. Waste generated by building contractors or subcontractors is not household trash. 4.15 Industrial Wastes: Any and all debris and waste products generated by manufacturing, food processing (except restaurants), land clearing, any commercial shrubbery or tree cuttings, building construction or alteration (except do-it-yourself projects) and public works type construction projects whether performed by a government unit or by contract. Industrial wastes are not included in the scope of this contract. 4.16 Infectious Waste: Those wastes which may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 13 bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. 4.17 Landfill: Any solid waste land disposal area for which a permit, other than a general permit, is required by s.403.707, Florida Statutes, that receives solid waste for disposal in or upon land other than a land-spreading site, injection well, or a surface impoundment. 4.18 Loose Refuse: Any refuse either garbage or trash, stored in and collected from any type of container other than a mechanical container or garbage can as described in Section 4.12. Refuse which is collected from the ground is considered loose refuse. 4.19 Mechanical Container: Any detachable metal container designed or intended to be mechanically dumped into a loaderlpacker type of garbage truck used by the Contractor. 4.20 Multiple Dwellini!: Buildini!:: Any building containing two (2) but not more than eight (8) permanent living units, not including motels and hotels. Buildings containing over eight (8) living units are classified as commercial accounts unless service of a different nature is approved by the City Manager. 4.21 Performance Bond: The form of security approved by the City and furnished by the Contractor as required by the Contract as a guarantee that the Contractor will execute the work in accordance with the terms ofthe Contract and will pay all lawful claims. 4.22 Recvclable Materials: Those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 4.23 Recvclini!:: 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 of raw materials or products. 4.24 Residential Solid Waste: A mixture of garbage and trash resulting from the normal housekeeping activities of a residence. 4.24A Residence: (Single Family) a detached building designed for or occupied exclusively by one family. 4.25 Refuse: Both rubbish and garbage or a combination or mixture of rubbish and garbage, including paper, glass, metal, and other discarded matter, excluding recyclable materials. 4.26 Refuse Rei!:ulations: Regulations prescribed by the City together with such administrative rules, regulations, and procedures as may be established for the purpose of carrying out or making effective the provisions of the Contract. S RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 14 4.27 Remodelin2 and Home Repairs Trash: Materials accumulated by the homeowner or tenant during the course of a self-performed improvement project, prepared in lengths not to exceed five (5) feet or forty (40) pounds in weight. 4.28 Residential Service: The refuse collection service provided to persons occupying residential dwelling units within the designated area, who are not receiving commercial service. 4.29 Solid Waste: Refuse, yard trash, clean debris, white goods, special waste, refuse, and other discarded material. 4.30 Solid Waste Disposal Facilitv: Any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 4.31 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, and biological wastes. 4.32 Specifications: Directions, provisions, and requirements contained in the Request for Proposals, together with any written contract made or to be made setting out or relating to the methods and manner for the work to be carried out. 4.33 White Goods: Discarded refrigerators, ranges, water heaters, freezers, small air conditioning units, and other similar domestic and commercial large appliances. 4.34 Yard Trash - Re2ular: Vegetative matter resulting from yard and landscaping maintenance, including materials such as tree and shrub trimmings, grass clippings, palm fronds, or small tree branches not in excess offour (4) feet in length and four (4) inches in diameter. Such trash shall be bundled or placed in containers which are susceptible to normal loading and collection as other residential solid waste. No bundle or filled container shall exceed fifty (50) pounds in weight. 4.35 Yard Trash- Bulk: Large cuttings of vegetative and wood matter which are part of normal yard maintenance which cannot be cut for placement in a container, bag, or bundle due to the material exceeding the weight and size restrictions for regular yard trash. Bulk yard trash shall be of a type as to be readily handled by the mechanical equipment of the Contractor and bulk yard material shall not exceed six (6) feet in length. Bulk yard trash does not include any form or matter or debris resulting from tree removal, land clearing, land development, building demolition or home improvement. Home improvements as defined herein would include but not be limited to carpeting, cabinets, dry wall, lumber, paneling, and other such construction related materials. Carpeting will be picked up by the Contractor if cut to lengths of six (6) feet or less and bundled. Bulk yard trash does not include automobiles and automotive components, boats and internal combustion engines. 8 RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 15 4.36 Special Pick-Up: Garden trash, tree and shrubbery trash, and any other household debris which is not ready to be picked up on the scheduled bulk trash pick up day, or the second scheduled garbage pick up day per week, can be picked up at the owner'sloccupant's expense by calling the contractor for a special pick up. The contractor shall quote price for special pick ups and collect fee from owner. SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE PROGRAM 5.0 DESCRIPTION OF WORK 5.1 The Contractor shall provide residential solid waste collection services within the City limits of Miami Beach, disposing of same as provided herein. The City will be responsible for the billing and collection of solid waste fees from residential customers. 5.2 The Contractor shall provide, at his own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories, and things necessary to maintain the standard of collections and disposal set forth herein. 5.3 Protection of Adiacent Property and Utilities: The Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The Contractor shall take cognizance of all existing utilities and shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the owner any breakage or damage caused by its operation. 5.4 Spillae:e: The Contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection shall occur. The Contractor may refuse to collect any solid waste that has not been placed in a receptacle, as provided herein. During hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 6.0 RESIDENTIAL COLLECTION SERVICE 6.1 The Contractor shall collect and dispose of all garbage, yard trash, and solid waste (except special waste, paragraph 4.32) from all single-family homes, multiple dwelling buildings of eight (8) or fewer units under common ownership as identified by the list that will be provided by the City. The Contractor shall also remove debris such as fallen branches from the swale areas during regular pickups. 6.1.1 FreQuencv of Collection: The Contractor shall collect solid waste from places of residence within the contract collection area at least two (2) times per week, with collections at least three (3) days apart. The Contractor shall collect yard trash at curbside every scheduled garbage picks up day of the week. RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 16 8 6.1.2 Holiday: The only holiday with no service to residents will be Christmas Day. 6.1.3 Hours of Collection: Collection shall begin no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M. In the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the City Manager, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. 6.1.4 Point of Pickup of Residential & Multiple Dwellinl! Garbal!e: Collections of garbage and rubbish shall be at the house backyard or side yard and at ground level. 6.1.5 Receptacle: The Contractor shall be required to pick up all garbage and rubbish from residential units which have been properly prepared and stored for collection as follows: All garbage, trash, and rubbish shall be placed in a garbage can or in such other plastic disposal bag and shall be placed at curbside or at such other single collection point as may be agreed upon by the Contractor and the customer. Usual household trash shall either be placed in containers where it shall be collected in the same manner as garbage or at curbside. Non-containerized trash shall be collected providing that it does not exceed four (4) feet in length nor be greater than fifty (50) pounds in weight for any piece or segment of such materials. 6.1.6 Method of Collection of Residential Garbal!e: The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any garbage or trash spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal cans can be replaced upright with covers securely and properly in place on the cans-or can be inverted with covers placed topside up on the ground next to the container. Plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright to such rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. In the event of damage by the Contractor for garbage receptacles, the Contractor shall be responsible for the timely repair or replacement of said receptacles. 7.0 SCHEDULES AND ROUTES 7.1 The Contractor shall provide the City with schedules for all collection routes and keep such information current at all times. If any change in the collection routes occurs, then the City shall be immediately notified in writing. The City Manager shall approve all permanent changes in routes or schedules that alter the day of pickup. Upon approval of the City Manager, the Contractor shall publish in a newspaper of general circulation in Dade County at least seven (7) days prior to the ~ 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 17 RFP NO.: DATE: effective date of such route or schedule changes. The cost of publication shall be borne solely by the Contractor. 7.2 The City reserves the right to deny Contractor's vehicles access to certain streets, alleys, and public right-of-way inside the City, where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closure less than eight (8) hours in duration. The City shall notify the Contractor of street closures oflonger duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under the Contract shall receive reasonable notification ofthe schedules provided by the Contractor prior to commencement of service. Such notification, material, methods, and frequency of delivery shall be approved by the City. (Only local truck routes shall be used in transit, unless specifically for the purpose of collection.) 7.3 RFP NO.: DATE: NOTE: The Contractor's attention is directed to the fact that at times during the year, the quantity of refuse to be disposed of is materially increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required collection schedules and routes. NOTE 2: The City has embarked on an aggressive, city-wide Capital Improvement Program which includes extensive roadway improvements, water and sewer utility infrastructure replacements and Stormwater Drainage Control System. The City shall notify the contractor of all construction activities and make arrangements for service in a manner satisfactory to the Contractor and City. The contractor shall be required to work with the City is all possible ways, to ensure that the regular schedule and quality of service are not interrupted. Storms. In case of a storm, the City Manager may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the Contractor shall advise the City Manager and the customer ofthe estimated time required before regular schedules and routes can be resumed. In the case of a storm, if it is necessary for the Contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the storm, the Contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the City. The Contractor shall receive extra compensation above the Contract amounts for additional manpower, overtime, and cost of rental equipment, provided that the Contractor has first secured prior written authorization from the City Manager. The total cost for such services shall be based on rates jointly agreed to by the City Manager and the Contractor. 7.4 Force Maieure: The performance of any act by the City or the Contractor under the Contract may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts, or any other cause beyond the reasonable control of such party; provided, however, that ifthe hindrance or prevention of performance exceeds a period of thirty (30) days, the City may at its option and discretion, cancel, or renegotiate this contract. 8 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 18 8.0 COLLECTION EQUIPMENT 8.1 The Contractor shall provide new equipment to commence contract. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. For residential collections, equipment shall be of the enclosed loader packer type, and all equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number, and the number of the vehicle in letters not less than five (5) inches high on each side ofthe vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City. SERVICES TO BE PERFORMED BY THE CONTRACTOR-YARD TRASH PROGRAM 9.0 DESCRIPTION OF WORK 9.1 The Contractor shall collect all yard trash as defined in Sections 4.35 and 4.36 from all single-family homes, multiple dwelling buildings of eight (8) or fewer units under common ownership. 9.2 Freauencv of Collection: The Contractor shall collect yard trash from residences within the service area two (2) times per week on the scheduled pick- up day of each week. White goods and bulk items to be collected on a pre-arranged basis. Contractor will be responsible for establishing program and public information. 9.3 Holiday: The only holiday with no service to residents will be Christmas Day. 9.4 Hours of Collection: Collection shall begin no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M., provided that in the event of an emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph, following approval by the City Manager. 9.5 Point of Pickup of Yard Trash: Collection of yard trash shall be at curbside. 9.6 Preparation of Yard Trash for Collection: The Contractor shall pick up all yard trash generated from residential units which has been properly prepared and stored for collection as follows: Garden and Yard Trash - Regular placed adjacent to the pavement or traveled way of the street in containers or bundles less than fifty (50) pounds each and with no RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 19 8 dimension over four (4) feet each, or limbslbranches not greater than four (4) inches in diameter, shall be collected twice per week. The contractor shall clean swale and median areas adjacent to designated collection routes of all accumulated palm fronds and bulky tree debris. Non-containerized Yard Trash and Yard Trash-Bulk will be collected by the Contractor on a scheduled basis at no additional charge. Such services shall be provided up to four (4) times per year on dates scheduled by the contractor individually with each residential account. In the event of a dispute between a Contractor and a customer as to what constitutes bulky yard trash, the situation will be reviewed and decided by the Contract Administrator whose decision will be final. 9.6 Method of Collection of Yard Trash. The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any yard trash spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal cans are to be replaced upright with covers securely and properly in place on the cans. Plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be turned upright to such rack, cart or enclosure, and lids shall be placed securely and properly on the top of said receptacles. 9.7 Equipment: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor adequately and efficiently to perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. Collection vehicles shall be of the enclosed loader packer type or other vehicle designed to allow for efficient collection of yard trash. The equipment shall be shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list ofthe Contractor's equipment shall be given to the City at the time of each annual audit. SERVICES TO BE PERFORMED BY THE CONTRACTOR - YARD TRASH-BULK. REMODELING AND HOME REPAIRS TRASH. HOUSEHOLD FURNITURE AND WHITE GOODS. 10.0 DESCRIPTION OF WORK: The contractor shall collect all yard trash bulk, Remodeling and Home Repairs Trash, Household Furniture, and White Goods as defined in Sections 4.13,4.27,4.33,4.35 (collectively, "Bulk Waste") from all single-family homes, multiple dwellings, buildings of eight (8) or fewer units under common ownership. 10.1 Frequency of Collection: The Contractor shall collect such Bulk Waste only on dates scheduled by Contractor individually with each Residential Account (a Residential Account means either a Residence (Single Family) or Multiple Dwelling Unit); Contractor shall ~ 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 20 RFP NO.: DATE: collect, without additional charge to the City under this Agreement, such Bulk Waste a maximum of four (4) times per calendar year for each Residential Account; In the event that any Residential Account requests and Contractor accomplished more than four (4) Bulk Waste pick-up during any calendar year as a Special Pick-Up, pursuant to the terms of Section 4.36. 10.2 Holiday: The only holiday with no service to residents will be Christmas Day. 10.3 Collection Schedule: The contractor shall make available a telephone line to allow residents to schedule Bulk Waste pick-ups. By calling the telephone line, each account would schedule its next bulk pickup appointment with the contractor. All appointments must be made no less than five (5) calendar days prior to the scheduled pick-up. Pick-ups shall be affected by the contractor in the appointment day, and not before or later. Pick-ups will be scheduled as follows; South Beach on Mondays, Mid Beach on Tuesdays and Wednesdays, and North Beach Thursdays and Fridays. lOA Equipment: The contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor adequately and efficiently to perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. Collection vehicles shall be designed to allow for efficient collection of Bulk Waste. The equipment shall be kept in good repair, appearance and in a sanitary and clean condition at all times. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list ofthe Contractor's equipment shall be given to the City at the time of each annual audit. SERVICES TO BE PERFORMED BY THE CONTRACTOR - OPERATION OF THE CITY'S GREEN WASTE FACILITY 11.0 FACILITY DESCRIPTION 11.1 A City owned Green Waste Facility will be operated bv the contractor at 2800 Meridian Avenue. The facility is an open l!reen waste yard with controlled access and containers placed in stratel!ic locations to facilitate dumpinl! process bv residents and landscapers. 11.2 Description of Work: The Contractor shall be responsible for operating the Green Waste Facility located at 2900 Meridian Avenue, City of Miami Beach (the "Facility"). 11.3 Hours of Operation: The Contractor shall be required to provide all necessary manpower and equipment to receive, control, secure, collect dumping fees, and dispose of all Acceptable Material, as defined in Section 11.12 below, six (6) days per week, Monday through Saturday, from the hours of 7:00 a.m. - 5:00 p.m. The Contractor will post the preceding days/hours of operation in a readily visible place at the entrance of the Facility. RFP NO.: DATE: The Facility shall be closed on Thanksgiving, Christmas, New Years Day, July 4th, and Labor Day. The Contractor will post these closure dates all year, in the same ~ 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 21 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 contrary to the hours governing such operations. 11.4 The facility shall be accessible to residents of the City of Miami Beach, and Landscapers performing work with in the limits ofthe City of Miami Beach. 11.5 At least one (1) Contractor employee shall be on site at all times to oversee the day to day operation of the Facility. This individual shall charge Landscape Firms and direct traffic to where loads should be dropped. 11.6 The Contractor must keep records of all inbound and outbound traffic. Specific details will be outlined in the contract. The Contractor shall dispose of all Clean Yard Waste and deliver to Facility. 11.7 The Contractor shall containerize all materials delivered to the Facility; shall conduct a neat and orderly operation at all times; and shall be solely responsible for the necessary housekeeping services to properly maintain the Facility; shall repair and maintain its equipment in good operational condition; No signs (other than the entrance sign described herein) or advertising shall be placed in the premises unless first approved, in writing, by the City Manager or 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. 11.8 The Contractor shall use its best efforts to assure that its operation of the Facility does not reasonably interfere with the existing character ofthe surrounding residential area. 11.9 Prior to commencement of the services to be performed pursuant to this Request for Proposals, The Contractor shall obtain any and all necessary identification numbers, permits, licenses and other requirements necessary to operate the Facility, and shall thereafter perform its obligations hereunder in compliance with any and all applicable Federal, State, and local laws, rules and regulations. 11.10 Fee Schedule: The Contractor shall adhere to the following fee schedule: Clean Yard Waste.:...(Refer to section 4.11 for definition) Charl!es to Residents: o Cars (2 or 4 doors) Pickups and SUV s Van or Trailer FREE FREE FREE RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 22 Chan!es to landscape firms: Pickups Van or Trailer $12.00 per cubic yard $12.00 per cubic yard 11.11 Upon thirty (30) days prior written notice to the City, the fees set forth herein shall be adjusted annually, on the anniversary date of execution of the Agreement, according to increases or decreases in the South East Consumer Price Index, up to five percent (5%). 11.12 Acceptable Materials: The Contractor shall be responsible for disposing of all Acceptable Materials delivered pursuant to the facility. All disposals shall be in accordance with current City, County, State and Federal laws and regulations. "Acceptable Materials" shall include those items set forth under Section, 4.11. Any waste containing biohazardous waste, hazardous waste, industrial waste, infectious waste, or putrescible garbage shall not be deemed Acceptable Material. 12.0 QUALITY OF SERVICE 12.1 Contractor's Officer(s): The Contractor shall assign a qualified person or persons to be in charge of the operations within the service area. The Contractor shall give the names ofthe person(s) to the City. Infonnation regarding the person's experience and qualifications shall also be furnished. Supervisory personnel must be available for consultation with the Manager and/or customers within a reasonable, practicable time after notification of a request for such consultation. The supervisor(s) shall operate a vehicle which is radio equipped. 12.2 Conduct ofEmplovees: The Contractor shall see to it that his employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be pennitted or crossing property of neighboring premises unless residents or owners of both such properties shall have given pennission. Care shall be taken to prevent damage to property including cans, carts, racks, trees, shrubs, flowers and other plants. 12.3 Emplovee Uniform Rel!:ulations: The Contractor's solid waste collection employees shall wear a unifonn or shirt bearing the company's name. The Contractor shall furnish to each employee an identifying badge, not less than two and one-half (2-1/2) inches in diameter, with numbers and letters at least one (1) inch high, unifonn in type. Employees shall be required to wear such badges while on duty. Lettering stitched on or identifying patches pennanently attached to unifonn shirts and jackets will be acceptable. The Contractor shall keep a record of employees' names and numbers assigned. 12.4 Contractor shall submit a customer service plan to the City Manager forreview and approval prior to commencement ofthe services pursuant to this RFP. 12.5 Compliance with State. Federal and Municipal Law: The Contractor shall comply with RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 23 o all applicable City, State and Federal laws now or hereafter in effect relating to wages, hours, and all other applicable laws relating to the employment or protection of employees. 12.6 Fair Labor Standards Act: The Contractor is required and hereby agrees by execution of this Contract, to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended from time to time. 12.7 Each vehicle operator shall, at all times, carry a valid driver's license for the type of vehicle that is being driven. 12.8 The Contractor shall provide operating and safety training for all personnel. 12.9 The Contractor shall, wherever possible, employ its personnel from residents of Miami Beach. 12.1 0 No person shall be denied employment by the Contractor for reasons ofrace, sex, national origin, creed, age, physical handicap, or religion. 13.0 CONTRACTOR'S OFFICE 13.1 The contractor shall provide and maintain at its expense, a suitable office located within or in close proximity to Miami-Dade County, with adequate staff and telephone service, with a telephone number dedicated solely for Miami Beach Residents to handle and resolve all incoming calls and complaints between the of 8:00 a.m. and 5:00 p.m., Monday through Friday of each week, excluding holidays. Between the hours 5 :00 p.m. and 8 a.m., Monday through Friday, and all day on Saturday and Sunday, including holidays, the contractor shall provide and maintain an answering service or answering machine to receive all incoming calls and complaints. All calls received by the answering service or answering machine shall be responded to the following working day. 13.2 Notification to Customers: The Contractor shall notify all customers, in writing, about complaint procedures, rates, regulations, and the days of collection and procedures for special pick-ups, including white goods and bulk items. CHARGES. RATES. AND LEVEL OF SERVICE 14.0 PAYMENT AND BILLING 14.1 Comoensation: The City shall pay the Contractor for the performance of this agreement the sums due based on the unit prices as listed in the Bid Form, subject to any conditions or deductions as provided under this contract. Contractor's Unit Price Schedule for solid waste and yard trash collections shall include disposal costs. Contractor shall submit an invoice by the 10th of each month for services rendered during the preceding month, and payments will be made to the Contractor on or before the 20th day of each calendar month upon verification of the invoice submitted. RFP NO.: DATE: 101-99/00 July 22, 2004 On the first day of each month the Contract payment(s)~o CITY OF MIAMI BEACH ~# 24 14.2 Billin!! Procedures: Residential Solid Waste Collection and Yard Trash Collection shall be adjusted to correspond with the occupancy of existing or new buildings and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustment; for example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever the City has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant( s). Proof of demolition shall be demolition permits issued by the Building Department. The Contract adjustments will be based on unit costs included in the Contractor's original bid. The City will notifY the Contractor of any existing unit that is considered unoccupied and of any new unit that is considered to be occupied. 14.3 Adiustments in Disposal Cost: The parties acknowledge that the contract is based on the current Miami-Dade County Tipping Fee at time of award. However, it is recognized that, from time to time, the actual cost charged to the Contractor by a disposal agency for disposal of refuse at the disposal site may change. In the event of such change in the tipping fee, the Contractor may request, and the City upon submission of sufficient proof of such change shall grant, such increase in contract price for the disposal cost as will compensate for the actual change of disposal cost. Decreases in disposal cost shall be cause for a like decrease in contract pnce. 14.4 Unusual Chanl!es or Costs: The Contractor may petition the city for rate adjustments at reasonable times on the basis of unusual changes in its cost of doing business, such as revised laws, ordinances or regulations, or changes in the location of disposal sites, and such requests shall not be unreasonably refused. Any of the aforesaid changes or any other conditions which occur that reduce the Contractor's cost shall entitle the City to receive a unit rate decrease equal to the decrease in the Contractor's cost. CONTRACT PERFORMANCE/PENAL TIES/DEFAUL T 15.0 CONTRACT PERFORMANCE 15.1 15.2 RFP NO.: DATE: The Contractor's performance of this Contract shall be supervised by the City Manager or his designee. If at any time during the life of the Contract, performance is considered unsatisfactory, upon written notification by the City Manager or his designee, the Contractor shall increase the work force, tools and equipment as needed to properly perform this Contract. The failure ofthe City Manager or his designee to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified by this Contract. The Contractor shall furnish the City Manager with every reasonable opportunity for ",,,rtaining wheth" 0' not the worl<. '" p_no"", i, in _nlan~~ the 101-99/00 CITY OF MIAMI BEACH .~~. July 22, 2004 25 requirements of the Contract. 15.3 The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall admit authorized representatives ofthe City to make such inspections at any reasonable time and place. 15.4 The failure of the City at any time to require performance by the Contractor of any provision thereof shall in no way affect the right of the City thereafter to enforce same; nor shall waiver by the City of any breach of provisions hereofbe taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16.0 COOPERATION/COORDINATION 16.1 The City and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work, equipment, and facilities of Contractor. 16.2 The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress ofthe work contemplated under this Contract. The Contractor shall have at all times a competent and reliable English- speaking representative on duty authorized to receive orders and to act for him in the case of his absence. 17.0 COMPLAINTS AND COMPLAINT RESOLUTION 17.1 Comolaints: Contractor shall prepare, in accordance with the format approved by the City, and maintain a register of all complaints and record the disposition or each complaint. Complaints shall be identified and such record shall be available for City inspection at all times during business hours. The form shall indicate the date and time when the complaint was received and how and when it was resolved. The following criteria must be complied by the Contractor regarding resolution of complaints: a) Any complaints received by the contractor before 12:00 noon shall be resolved before 4:00 p.m. of the same day. b) Complaints received after 12:00 noon but before 12:00 midnight shall be resolved before 12:00 noon of the following day. c) Complaints received after 12:00 midnight but before 8:00 a.m. shall be resolved before 12:00 noon ofthe same day. d) This complaint resolution schedule shall be complied with, except when a complaint is received after 12:00 noon on the day preceding a holiday, or on a Saturday or Sunday, in which case the complaint shall be resolved no later than the next working day. A daily listing of all the complaints filed and of their dispositions shall be provided to the RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 26 o City Manager or his designee everyday. Legitimacy of challenged complaints shall be determined on the basis of a joint inspection by the City Manager or his designee, and a representative of the contractor. Disputes shall be referred to the City Manager or his designee, whose decision shall be final. Additionally, the City's auditors may communicate directly with city waste service account holders, for the purpose of confirming compliance with these stipulations. 17.2 Disputes about Collection of Certain Items: It is recognized that disputes may arise between the City and Contractor with regard to the collection of certain items due to disputes over the specific language of the Contract. The City Manager may from time to time notify the Contractor by telephone to remove all such refuse. Should the Contractor fail to remove the refuse within twenty-four (24) hours from the time of notification, the City may do so, and all costs incurred by the City shall be deducted from compensation due the Contractor. Notice of the amount deducted shall be given to the Contractor. If it is determined that disputed refuse did not conform to contract specification, the Contractor shall be entitled to reimbursement of the deduction. 18.0 SUBCONTRACTORS Subcontractors will not be permitted under the terms of this Contract. o RFP NO.: DATE: 101-99/00 July 22, 2004 CITY OF MIAMI BEACH 27