97-22301 RESO
RESOLUTION NO. 97-22301
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS FOR
RESIDENTIAL SOLID WASTE AND YARD TRASH COLLECTION AND
DISPOSAL
WHEREAS, the City's existing contract for residential solid waste and yard trash collection
and disposal expired on January 31, 1997, and has been extended while the City solicits proposals
for a new contract; and
WHEREAS, the extended contract will expire on April 13, 1997; and
WHEREAS, the Administration has drafted an RFP for providing the required services and
set a tentative date of March 14, 1997 as the deadline for receipt of proposals; and
WHEREAS, it is necessary to issue this RFP on a timely basis to avoid any interruption in
residential solid waste and yard trash collection 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 hereby authorize the Administration to issue a Request for Proposals for Residential
Solid Waste and Yard Trash Collection and Disposal.
PASSED and ADOPTED this 19th day of February, 1997"1f!1
1UCL~
CITY CLERK
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1f."'ft,,~ 'L-/1v/'J
City mey Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. ~
TO:
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Jose Garcia-Pedrosa fI
City Manager
RFP NO. XX-96/9
REQUEST FOR PROPOSALS (RFP) FOR RESIDENTIAL SOLID WASTE
AND YARD TRASH COLLECTION AND DISPOSAL
DATE: February 19, 1997
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Approve the issuance of the attached RFP.
ANALYSIS:
As previously instructed by the Commission at its February 5, 1997 meeting, we have revised the
timetable applicable to the subject RFP to reflect the fact that the RFP will not be issued until
February 19, 1997, immediately following its approval by the Commission.
To facilitate comparison with the prior draft of the RFP, which was attached to Letter to Commission
(LTC) No. 14-1997, dated February 4,1997, we have catalogued the changes in the attached draft
as compared with the draft that was attached to the LTC. The only changes are as follows:
1. As stated, the timetable has been changed. (See p. 3 for all new dates).
2. Language has been underlined at p. 5 to emphasize the need to have all proposers
register with the Procurement Division, under penalty of having their proposals
rejected.
3. The initial term of the proposed contract (see p. 8), subject to one 2-year extension,
has been changed to April 14, 1997 ending on October 18, 1998.
4. The requirement of references and letters of recommendation (p. 24) has been
deleted.
AGENDA ITEM R 1 TJ
DATE 7..-19-0r7
1
5. Language has been added at p. 24, stating that the Evaluation Committee will be
requested to use an Evaluation Form -- which has been added to the RFP as its last
page, p. 48. The proposed Evaluation Form is intended to ensure that the Evaluation
Committee uses the evaluation criteria set forth in the RFP and accords them the
weights provided for in the RFP.
CONCLUSION:
The proposed RFP is in the best interests of the City and should be authorized to be issued.
J GP :MD B: lcd#tl.&.
Attachment
F:\CMGR\$ALL\COM-MEM.97\SOLIDW A T.RFP
2
FEB-13-97 THU 09:42 AM JANIE OOLEMAN
FAX NO, 19049714186
p, 02
li'
Bf'
February II, 1997
Jose Garcia-Pedrosa
City Manager
Miami Beach City Hall
1700 Convention Center Drive
Miami Beach, FL 33139
EXTENSION FOR RESIDENTIAL GARBAGE AND TRASH SERVICE
Dear Mr. Garcia-Pedrosa:
Pursuant to your request for BFI to extend the residential garbage and trash service for thirteen
days until April 13th, 1997, BFI is hereby agreeing to extend the selVice to accommodate the
City's schedule.
This extension is with the understanding that should the City require any additional extensions,
BFI will be ready, willing and able to perform the selVice, but at an agreed upon increased rate.
Please acknowledge that future extensions will be subject to an increase and return a copy of this
letter to Ross M. Johnston at the facsimile number below.
If you have any questions, please contact John Casagrande or Ross M. Johnston.
Sincerely,
BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC.
Janie Coleman
Executive Director/Vice President
Public Sector - Florida
Acknowledge,
CITY OF MIAMI BEACH
. ose Garcia~Pedrosa I J.
City Manager ....., 11/ '1
MBACKNEX.LTR
3840 NW ?o7 Court. Miami. Florida 3?o] 42
Phone 305-638-3800 . Fax 305-634-4272
1rltv P'.,,!,CnlAlrnH' til
CITY OF MIAMI BEACH
RFP NO. 63-96/98
REQUEST FOR PROPOSALS FOR
RESIDENTIAL SOLID WASTE AND YARD TRASH
COLLECTION AND DISPOSAL
A Pre-Proposal Conference is scheduled for March 3,1997, at 10:00 A.M. , in the City
Manager's Large Conference Room on the fourth floor of City Hall.
SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN FRIDAY, MARCH 14, 1997 AT 2:00 P.M.
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO.:
DATE:
63-96/98
2/19/97
CITY OF MIAMI BEACH
1
TABLE OF CONTENTS
Page
I. OVERVIEW AND PROPOSAL PROCEDURES 3
II. SCOPE OF SERVICES 8
III. PROPOSAL FORMAT 23
IV. EV ALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 24
V. GENERAL PROVISIONS 26
VI. SPECIAL TERMS AND CONDITIONS 28
VII. ATTACHMENTS 36
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO CITY 37
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SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The City's existing contract for residential solid waste and yard trash collection and disposal
expired on January 31, 1997, and has been extended while the City solicits proposals for a
new contract. Accordingly, that contract will expire on April 13, 1997.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued and available for distribution February 19, 1997, 12 Noon
Deadline for receipt of questions February 25, 1997,2:00 p.m.
Pre-Proposal Conference March 3, 1997, 10:00 a.m.
Deadline for receipt of proposals March 14, 1997, 2:00 p.m.
Evaluation committee meeting March 17, 1997, 10:00 a.m.
Projected award and contract
execution date March 19, 1997
Projected contract start date April 14, 1997
C. PROPOSAL SUBMISSION
An original and five copies of the complete proposal must be received by Friday, March 14,
1997 at 2:00 p.m. and will be opened on that day at that time. The original and all copies
must be submitted to the Procurement Division in a sealed envelope or container stating on
the outside the proposer's name, address, telephone number, RFP number and title, and
proposal due date.
The responsibility for submitting a response to this RFP to the Procurement Division on or
before the stated time and date will be solely and strictly that of the proposer. The City will
in no way be responsible for delays caused by the U.S. Post Office or caused by any other
entity or by any occurrence. Proposals received after the proposal due date and time will not
be accepted and will not be considered.
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D. PRE-PROPOSAL CONFERENCE
A pre-proposal conference has been scheduled for March 3, 1997 at 10:00 a.m. in the City
Manager's Large Conference Room, fourth floor of City Hall, and attendance is
recommended. Proposers are encouraged to submit written questions to the contact person
in advance.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers
are advised that from the date of release of this RFP until award of the contract, no contact
with City personnel related to this RFP is permitted, except as authorized by the contact
person. Any such unauthorized contact may result in the disqualification of the proposer's
submittal.
Requests for additional information or clarifications must be made in writing to the
Procurement Director no later than the date specified in the RFP timetable. Facsimiles will
be accepted at (305) 673-7851.
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the RFP due date. Proposers should not rely on
representations, statements, or explanations other than those made in this RFP or in any
written addendum to this RFP. Proposers are required to acknowledge the number of
addenda received as part of their proposals. The proposer should verify with the
Procurement Division prior to submitting a proposal that all addenda have been
received.
F. PROPOSAL GUARANTY
All proposals must be accompanied by a proposal guaranty, payable to the City of Miami
Beach, in the form of a certified check, cashier's check, or proposal bond in the amount of
$10,000.00. Failure by a proposer to honor its proposal or to submit any required insurance
or performance bond, within the time stated, shall cause the proposal guaranty submitted
with the proposal to be forfeited.
Any proposal which is not accompanied by the required proposal guaranty shall be
considered non-responsive and ineligible for award.
The proposal guaranty of the successful proposer will be returned to it upon approval of any
required insurance certificates or bonds. Proposal guaranties submitted by other than the
successful proposer will be returned to them after award of a contract to the successful
proposer.
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G. MODIFICA TIONIWITHDRA W ALS OF PROPOSALS
A proposer may submit a modified proposal to replace all or any portion of a previously
submitted proposal up until the proposal due date and time. Modifications received after the
proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless the proposal is withdrawn in
writing prior to the proposal due date or upon expiration of sixty calendar days after the
opening of proposals without a contract award. Letters of withdrawal received after the
proposal due date and before said expiration date, and letters of withdrawal received after
contract award will not be considered.
H. RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive
any irregularities in this RFP or in the proposals received as a result of this RFP.
I. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or any
work performed in connection therewith, shall be borne by the proposer(s) and not be
reimbursed by the City.
J. VENDOR APPLICATION
Prospective proposers should register with the City of Miami Beach Procurement Division;
this will facilitate their receipt of future notices of solicitations when they are issued. The
successful proposer(s) must register prior to award; failure to register will result in the
rejection of the proposal. Potential proposers may contact the Procurement Division at
(305) 673-7490 to request an application.
Registration requires that a business entity complete a vendor application and submit an
annual administrative fee of $20.00. The following documents are required:
1. Vendor registration form
2. Commodity code listing
3. Articles of Incorporation - Copy of Certification page
4. Copy of Business or Occupational License
5. Notarized Florida Public Entity Crime Affidavit
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It is the responsibility of the proposer to inform the City concerning any changes, including
new address, telephone number, or commodities.
K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this
RFP, and outline what alternative is being offered. The City, after completing evaluations,
may accept or reject the exceptions. Where exceptions are rejected, the City may require the
proposer to furnish the services or goods described herein, or negotiate an acceptable
alternative.
L. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response to this RFP
will be available for public inspection after opening of proposals, in compliance with Chapter
286, Florida Statutes, known as the "Government in the Sunshine Law".
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or
may require proposers to give oral presentations based on their proposals. The City reserves
the right to enter into negotiations with the selected proposer, and if the City and the selected
proposer cannot negotiate a successful contract, the City may terminate said negotiations and
begin negotiations with the next selected proposer. This process will continue until a
contract has been executed or all proposals have been rejected. No proposer shall have any
rights in the subject project or property or against the City arising from such negotiations.
N. PROTEST PROCEDURE
Participants may protest any recommendations for contract award by sending a formal protest
letter to the Procurement Director, which letter must be received no later than 5 calendar days
after contract award. The Procurement Director will notify the protester of the cost and time
necessary for a written reply, and all costs accruing to an award challenge shall be assumed
by the protester. Any protests received after 5 calendar days from contract award will not
be considered, and the basis or bases for said protest shall be deemed to have been waived
by the protestor.
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and local laws,
ordinances, codes, and regulations that may in any way affect the services offered, including
the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
Guidelines, and all other EEO regulations and guidelines. Ignorance on the part of the
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proposer will in no way relieve it from responsibility.
P. DEFAULT
Failure or refusal of a proposer to execute a contract upon award, or untimely withdrawal of
a proposal before such award is made, may result in forfeiture of that portion of any proposal
surety required equal to liquidated damages incurred by the City thereby, or where surety is
not required, such failure may be grounds for removing the proposer from the City's vendor
list.
Q. CONFLICT OF INTEREST
The award of this RFP is subject to provisions of State Statutes and City ordinances. All
proposers must disclose with their proposal the name(s) of any officer, director, or agent who
is also an employee of the City of Miami Beach. Further, all proposers must disclose the
name of any City employee who owns, either directly or indirectly, an interest of ten (10%)
percent or more in the proposer or any of its affiliates.
R. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each proposer shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
contract. No pleas of ignorance of such conditions and requirements resulting from failure
to make such investigations and examinations will relieve the successful proposer from any
obligation to comply with every detail and with all provisions and requirements of the
contract documents, or will be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the proposer.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer shall be legally considered
to be an independent contractor and that neither the proposer nor the proposer's employees
and agents shall, under any circumstances, be considered employees or agents of the City.
T. TIME COMPUTATION
Whenever any act is required to be done by a date that falls on a Saturday, Sunday, or
holiday, the deadline will be automatically extended to the next business day. The holidays
referred to in this section are: New Year's Day, July 4th, Thanksgiving Day, and Christmas
Day.
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SECTION II - SCOPE OF SERVICES
GENERAL INFORMATION
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 41 st Street, including
islands - approximately 1,240 units)
Monday - Solid Waste only
Thursday - Solid Waste & Yard Trash
MIDDLE BEACH
(41 st Street to 67th Street-
approximately 2,795 units)
Tuesday - Solid Waste only
Friday - Solid Waste & Yard Trash
NORTH BEACH
(67th St. to 87th Terrace-
approximately 2,442 units)
Wednesday - Solid Waste only
Saturday - Solid Waste & Yard Trash
The total average units serviced monthly is approximately 6,477, with approximately 700
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. The current contractor
is using 2 or 3 trucks per route.
1 b. DUMPING REQUIREMENTS
All garbage and yard trash nnW be dumped at the Montenay Resource Recovery site located
at 6990 N.W. 97th Avenue, Miami, Florida.
2. COMMENCEMENT OF WORK
The work outlined in these specifications shall commence immediately upon receipt of a
Notice to Proceed.
3. TERM
3.1 The term of the Contract shall be for the period beginning on April 14, 1997, and
ending on October 18, 1998, subject to the option set forth.
3.2 The City shall have the option, at its sole discretion, to renew this Contract for one
additional two-year term by giving written notice of renewal at least sixty (60) days
prior to the end of the initial term. Such renewal shall be at the same cost to the City
as the cost for the initial term.
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4. 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 of this 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 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; 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 Bioloa=ical Waste: Solid waste that causes or has the capability of causing disease or
infection and includes, but is not limited to, biohazardous waste, diseased or dead
animals, and other waste capable of transmitting pathogens to humans or animals.
4.5 ~ City of Miami Beach, Florida, and its authorized representatives.
4.6 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, and other vegetative
matter which normally results from land clearing or land development operations for
a construction project.
4.7 Contract or Aa=reement: 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.
4.8 Contractor or Vendor: The person, firm, corporation, organization, or entity with
whom the Owner has executed a contract for performance of the work or supply of
equipment or materials, and its duly authorized representative.
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4.9 Disposal Costs: The "tipping fees" charged to the Contractor for disposal of the
garbage and trash collected by the Contractor.
4.10 Garba2e: Every refuse accumulation of animal, fruit, vegetable, or organic matter
that attends the preparation, use, cooking and dealing in, or storage 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.
4.11 Garba2e 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.
4.12 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 of lawns, shrubs, gardens and trees. Waste generated by tree surgeons
or contract landscapers or lawn maintenance services is not Garden and Yard Trash.
4.13 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.
4.14 Household Furniture: All movable compactable articles or apparatus, such as
chairs, tables, sofas, mattresses, etc., for equipping a house.
4.15 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 projects. Waste generated by building contractors or subcontractors
is not household trash.
4.16 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
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contract.
4.17 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
bandages, pathological specimens, hypodermic needles, contaminated clothing, and
surgical gloves.
4.18 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.
4.19 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.
4.20 Mechanical Container: Any detachable metal container designed or intended to be
mechanically dumped into a loader/packer type of garbage truck used by the
Contractor.
4.21 Multiple Dwelling Units: 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.
4.22 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 of the Contract and will pay all lawful claims.
4.23 Recyclable Materials: Those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
4.24 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 of raw materials or products.
4.25 Residential Solid Waste: A mixture of garbage and trash resulting from the normal
housekeeping activities of a residence.
4.25A Residence: (Single Family) A detached building designed for or occupied
exclusively by one family.
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4.26 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.
4.27 Refuse Regulations: 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.
4.28 Remodeling 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.
4.29 Residential Service: The refuse collection service provided to persons occupying
residential dwelling units within the designated area, who are not receiving
commercial service.
4.30 Solid Waste: Refuse, yard trash, clean debris, white goods, special waste, refuse,
and other discarded material.
4.31 Solid Waste Disposal Facility: 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.
4.32 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.
4.33 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.
4.34 White Goods: Inoperative and discarded refrigerators, ranges, water heaters,
freezers, small air conditioning units, and other similar domestic and commercial
large appliances.
4.35 Yard Trash - Regular: 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 of four (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.
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4.36 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. This must be
scheduled by the Contractor six times per year (every other month).
4.37 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's/occupant'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. 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 Adjacent 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 Spillage: 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
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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. 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, multi-family
units of eight (8) or fewer units under common ownership presently being serviced
by the City of Miami Beach and as identified by the list provided by the City. The
Contractor shall also remove debris such as fallen branches from the swale areas
during regular pickups.
6.1.1 Frequency 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 second scheduled garbage pick up day per week.
6.1.2 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.
6.1.3 Point of Pickup of Residential Garbage: Collections of residential garbage and
rubbish shall be bid at the house (backyardlsideyard) for collection, at ground level.
6.1.4 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.
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6.1.5 Method of Collection of Residential Garbage: 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 turned 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. 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
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 way inside the City in route to the disposal site 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 of longer duration and arrangements for service will
be made in a manner satisfactory to Contractor and City. Customers under the
Contract shall receive reasonable notification of the 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.
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.
7.3 Storm. In case of a storm, the City Manager may grant the Contractor reasonable
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variance from regular schedules and routes. As soon as practicable after such storm,
the Contractor shall advise the City Manager and the customer of the 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 stonn, 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 Majeure: 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 if the 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. COLLECTION EQUIPMENT
8.1 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. 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 of the 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.
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SERVICES TO BE PERFORMED BY THE CONTRACTOR- YARD TRASH PROGRAM
9. 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, multi-family units of eight (8) or fewer units under common
ownership now being served by the City of Miami Beach.
9.2 Frequency of Collection: The Contractor shall collect yard trash from residences
within the service area at least one (1) time per week on the second 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 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.
9.4 Point of Pickup of Yard Trash: Collection of yard trash shall be at curbside.
9.5 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
dimension over four (4) feet each, or limbs/branches not greater than four (4) inches
in diameter, shall be collected at least one day per week. Palm fronds and bulky tree
debris from trees on the swales shall be picked up as is.
Non-containerized Yard Trash and Yard Trash-Bulk will be collected by the
Contractor on a scheduled basis at no additional charge. Such service shall be
provided at least six times per year (every other month). 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
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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 of the Contractor's equipment shall be given
to the City at the time of each annual audit.
OUALITY OF SERVICE
10. CONTRACTOR'S PERSONNEL
10.1 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 of the person(s) to the City. Information 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.
10.2 Conduct of Employees: 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 permitted, nor crossing
property of neighboring premises unless residents or owners of both such properties
shall have given permission. Care shall be taken to prevent damage to property
including cans, carts, racks, trees, shrubs, flowers and other plants.
10.3 Employee Uniform Rel:ulations: The Contractor's solid waste collection employees
shall wear a uniform 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)
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inches in diameter, with numbers and letters at least one (1) inch high, uniform in
type. Employees shall be required to wear such badges while on duty. Lettering
stitched on or identifying patches permanently attached to uniform shirts and jackets
will be acceptable. The Contractor shall keep a record of employees' names and
numbers assigned.
10.4 Compliance with State, Federal and Municipal Law: The Contractor shall
comply with 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.
10.5 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.
10.6 Each vehicle operator shall, at all times, carry a valid driver's license for the type of
vehicle that is being driven.
10.7 The Contractor shall provide operating and safety training for all personnel.
10.8 The Contractor shall, wherever possible, employ its personnel from residents of
Miami Beach.
10.9 No person shall be denied employment by the Contractor for reasons of race, sex,
national origin, creed, age, physical handicap, or religion.
11. CONTRACTOR'S OFFICE
11.1 The Contractor shall provide, at its expense, a suitable office located within or in
close proximity to Dade County, open between 8:00 A.M. and 5:00 P.M. Monday
through Friday, with a telephone number dedicated solely for Miami Beach where
complaints shall be received, recorded, and handled during normal working hours of
each week and shall provide for prompt handling of emergency complaints and all
other special or emergency complaints or calls.
11.2 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.
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CHARGES. RATES. AND LEVEL OF SERVICE
12. PAYMENT AND BILLING
12.1 Compensation: 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.
12.2 Billing Procedures: On the first day of each month the Contract payment(s) for
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.
12.3 Adjustments in Disposal Cost: The parties acknowledge that the contract is based
on the current 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.
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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.
12.4 Unusual Changes 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 PERFORMANCEIPENAL TIESIDEFAUL T
13. CONTRACT PERFORMANCE
13.1 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 to 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 of the 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.
13.2 The Contractor shall furnish the City Manager with every reasonable opportunity for
ascertaining whether or not the work, as performed, is in accordance with the
requirements of the Contract.
13.3 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 of the City to make such inspections at any reasonable time and place.
13.4 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 hereof be taken or held
to be a waiver of any succeeding breach of such provision or as a waiver of any
provision itself.
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14. COOPERATION/COORDINATION
14.1 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.
14.2 The Contractor shall cooperate with authorized representatives of the City in every
reasonable way in order to facilitate the progress of the 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.
15. COMPLAINTS AND COMPLAINT RESOLUTION
15.1 Complaints:The Contractor shall prepare, in accordance with the format approved
by the City, and maintain a register of all complaints and indicate the disposition of
each complaint. Such record shall be available for City inspection at all times during
business hours.
The form shall indicate the day and time the complaint was received and the day and
time it was resolved. All complaints shall be resolved within a 24-hour period,
except when a complaint is received after 12:00 noon on the day preceding a holiday,
or on a Saturday, in which cases the complaint shall be resolved no later than the next
working day. A monthly listing of all the complaints filed and their disposition shall
be mailed monthly to the City Manager. Legitimacy of challenged complaints shall
be determined on the basis of a joint inspection by the City Manager and
representative of the Contractor. Disputes shall be referred to the City Manager,
whose decision shall be final.
15.2 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.
16. SUBCONTRACTORS
Subcontractors will not be permitted under the terms of this Contract.
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SECTION III - PROPOSAL FORMAT
Proposals must contain the below enumerated documents, each fully completed and signed as
required. Proposals which do not include all required documentation or are not submitted in the
required format, or which do not have the appropriate signatures on each document, may be deemed
to be non-responsive. Non-responsive proposals will receive no further consideration.
A. CONTENTS OF PROPOSAL
1. Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures. All
pages must be consecutively numbered and correspond to the table of contents.
2. Technical Proposal
Provide a narrative which addresses the scope of work, the proposed approach to the
work, the schedule of work, and any other information called for by the RFP.
3. Price Proposal
State Proposer's total offering price, including the cost for providing each component
of the required goods or services. If a prescribed format for the price proposal is
appended in Section VIII, proposers must use it. Otherwise, proposers may use a
format of their choice.
4. Qualifications
The minimum qualification requirements for this RFP are described below.
Proposers must provide documentation which demonstrates their ability to satisfy all
of the minimum qualification requirements. Proposals which do not contain such
documentation may be deemed non-responsive.
5. Acknowled~ment of Addenda and Proposer Information forms (Section VIII)
6. Any other document required by this RFP. such as a Questionnaire or Proposal
Guaranty .
B. MINIMUM REQUIREMENTS
Proposers must have a minimum of three years of prior experience in providing similar
services to a municipality of similar size in terms of number and type of accounts. Taking
special note of the criteria for evaluation set forth below, Proposers shall include a statement
of the number of years of their prior experience, their financial stability, their references on
contracts of similar size and scope, their level of technical knowledge, educational degrees,
and certifications obtained; the number and description of the equipment they will use to
perform their obligations under the Contract, the age and condition of that equipment, the
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personnel and procedures they will use to perform their obligations under the Contract, and
any other factor relevant to the evaluation of their proposal.
SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall evaluate each proposal in
accordance with the requirements of this RFP. If further information is desired, proposers
may be requested to make additional written submissions or oral presentations before the
Evaluation Committee makes its recommendation.
5. The Evaluation Committee shall recommend to the City Manager the proposal(s) acceptance
of which the Evaluation Committee believes to be in the best interest of the City. The
Evaluation Committee shall base its recommendations on the following factors,
weighted as follows:
(a) Cost to the City: 40%
(b) Ability to provide high-quality service to the City's residents, as evidenced by
type and amount of equipment, personnel, and procedures: 20%
(c) Prior experience in the industry, and prior service to City or to other groups of
residents in a high-quality manner: 20%
(d) Financial condition and stability of the proposer, and financial outlook for the
proposer for the term of the contract: 20%
The Evaluation Committee will be requested to use the Evaluation Form attached to this
RFP.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest of the City.
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7. The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal. In any case, City Commission shall select
the proposal acceptance of which the City Commission deems to be in the best interest of the
City. The City Commission may also reject all proposals.
8. Negotiations between the selected proposer and the City Manager take place to arrive at a
contract. If the City Commission has so directed, the City Manager may proceed to negotiate
a contract with a proposer other than the top-ranked proposer if the negotiations with the top-
ranked proposer fail to produce a mutually acceptable contract within a reasonable period of
time.
9. A proposed contract is presented to the City Commission for approval, modification and
approval, or rejection.
10. If and when a contract acceptable to both sides is approved by the City Commission, the
Mayor and City Clerk sign the contract after the selected proposer has done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
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SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants, or
assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all
of its right, title, or interest therein, or its power to execute such contract to any
person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute a default by the Contractor.
B. INDEMNIFICATION
The Contractor shall be required to agree to indemnify and hold harmless the City of
Miami Beach and its officers, employees, and agents, from and against any and all
actions, claims, liabilities, losses and expenses, including but not limited to attorneys'
fees, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, in law or in equity, which may arise or be alleged to have arisen from the
negligent acts or omissions or other wrongful conduct of the Contractor, its
employees, or agents in connection with the performance of service pursuant to the
resultant Contract; the Contractor shall pay all such claims and losses and shall pay
all such costs and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs expended by the City in the defense of such
claims and losses, including appeals.
C. TERMINATION FOR DEF AUL T
If through any cause within the reasonable control of the Contractor, the Contractor
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon have
the right to terminate the services then remaining to be performed by giving written
notice to the Contractor of such termination which shall become effective upon
receipt by the Contractor of the written termination notice.
In that event, the City shall compensate the Contractor in accordance with the
Agreement for all services performed by the proposer prior to termination, net of any
costs incurred by the City as a consequence of the default.
Notwithstanding the above, the Contractor shall not be relieved ofliability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the
proposer, and the City may reasonably withhold payments to the Contractor for the
purposes of set off until such time as the exact amount of damages due the City from
the Contractor is determined.
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D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without stated cause by giving written notice to Contractor of
such termination, which shall become effective thirty (30) days following receipt by
proposer of the written termination notice. In that event, all finished or unfinished
documents and other materials shall be properly delivered to the City. If the
Agreement is terminated by the City as provided in this section, the City shall
compensate the Contractor in accordance with the Agreement for all services actually
performed by the Contractor and reasonable direct costs of Contractor for assembling
and delivering to City all documents. Such payments shall be the total extent of the
City's liability to the Contractor upon a termination as provided for in this section.
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SECTION VI - SPECIAL TERMS AND CONDITIONS
INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
A. The Contractor shall be responsible for its work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular project.
The Contractor shall specifically and distinctly assume, and does so assume, all risks of damage or
injury to property or persons used or employed on or in connection with the work and of all damage
or injury to any person or property wherever located, resulting from any action or operation under
the contract or in connection with the work. It is understood and agreed that at all times the
Contractor is acting as an independent contractor.
B. The Contractor, at all times during the full duration of work under this contract, including extra
work in connection with this project, shall meet the following requirements:
1. Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
2. Maintain Commercial General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the Contractor in the interest of the City against all risks of injury to
persons (including death) or damage to property wherever located resulting from any action or
operation under the contract or in connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage, products/completed
operations and contractual liability .
3. Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
4. Maintain any additional coverage required by the City as indicated on the Insurance Check
List.
5. Name the City of Miami Beach as an additional insured on all liability policies required
by the Contract. When naming the City of Miami Beach as an additional insured, the insurance
companies shall agree and will endorse the policies to state that the City will not be liable for the
payment of any premiums or assessments.
6. No change or cancellation in insurance shall be made without thirty (30) days written
notice to the City.
RFP NO.:
DATE:
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CITY OF MIAMI BEACH
28
7. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida, and those companies must have a rating of at least B+:VI or better per
Best's Key Rating Guide, latest edition.
8. Original signed Certificates ofInsurance, evidencing such coverage and endorsements as
required herein, shall be filed with and approved by the City before work is started. The certificate
must state Bid Number and Title. Upon expiration of the required insurance, the contractor must
submit updated certificates of insurance for as long a period as any work is still in progress.
9. It is understood and agreed that all policies of insurance provided by the Contractor are
primary coverage to any insurance or self-insurance the City possesses that may apply to a loss
resulting from the work performed in the Contract.
C. The liability insurance coverage shall extend to and include the following contractual indemnity
and hold harmless agreement:
"The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal
corporation, its officers, agents, and employees from all claims for bodily injuries to the public in
and up to the amount of $1,000,000 for each occurrence and for all damages to the property of others
in and up to the amount of $1 ,000,000 for each occurrence per the insurance requirement under the
specifications including costs of investigation, all expenses of litigation, including reasonable
attorney fees and the cost of appeals arising out of any such claims or suits arising out of any and all
acts or omissions by the Contractor, its agents, servants, or employees, or through the mere existence
of the project under contract."
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and
suits arising out of the sole and exclusive negligence of the City, its officers, agents, and employees,
as determined by a court of competent jurisdiction.
1. The Contractor will notify its insurance agent without delay of the existence of the Hold
Harmless Agreement contained within the Contract, and furnish a copy of the Hold Harmless
Agreement to the insurance agent and carrier.
2. The Contractor will obtain and maintain contractual liability insurance in adequate limits
for the sole purpose of protecting the City under the Hold Harmless Agreement from any and
all claims arising out of contractual operations.
D. All policies issued to cover the insurance requirements herein shall provide full coverage from
the first dollar of exposure and shall be made available to the City upon request to the Contractor.
No deductibles will be allowed in any policies issued on the Contract unless specific safeguards have
been established to assure an adequate fund for payment of deductibles by the insured and approved
by the City.
RFP NO.:
DATE:
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CITY OF MIAMI BEACH
29
E. Compliance by the Contractor with the foregoing requirements as to carrying insurance and
furnishing copies of the insurance policies shall not relieve the Contractor of its liabilities and
obligations under any Section or provision of the Contract.
F. Insurance coverage required shall be in force throughout the contract term. Should the Contractor
fail to provide acceptable evidence of current insurance within seven days of receipt of written notice
at any time during the Contract term, the City shall have the right to consider the Contract breached
and declare a default by the Contractor.
G. If the Contractor does not meet the insurance requirements of the specifications, alternate
insurance coverage, satisfactory to the City, may be considered.
RFP NO.:
DATE:
63-96/98
2/19/97
CITY OF MIAMI BEACH
30
XXX 1.
XXX 2.
xxx 3.
XXX 5.
xxx 7.
XXX 8.
xxx 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of the state
of Florida.
Commercial General Liability (occurrence fonn), limits ofliability $1,000,000.00 per
occurrence for bodily injury property damage to include Premises/ Operations;
Products and Completed Operations; Independent Contractors; Broad F onn Property
Damage Endorsement and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
Automobile Liability - $1,000,000.00 each occurrence -owned/non-owned/hired
automobiles included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverage.
The City must be named as and additional insured on the liability policies; and it
must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
_ Other-Professional Liability
$
$
$
$
$
$1,000,000
Thirty (30) days written cancellation notice required.
A rating ofB+:VI or better in Best's Key Rating Guide, latest edition.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may by required within five (5) days after bid opening.
Bidder
Signature of bidder
RFP NO.:
DATE:
63-96/98
2/19/97
CITY OF MIAMI BEACH
31
Performance Bond: The Contractor shall furnish a Performance Bond in the form attached to these
specifications as security for the performance of this Contract with the City. Said performance bond
will be fifty percent (50%) of the Contract amount as calculated at award and adjusted yearly on the
anniversary date of the Contract, to remain in force for the duration of this Contract. Premium for
the bond described above shall be paid by the Contractor. This bond shall be written in a surety
company licensed to do business in the State of Florida.
Requirements as to Surety: The Surety of Sureties shall be a company or companies satisfactory
to the City. Any surety shall be required to have a resident agent in the State of Florida and shall be
duly licensed to conduct business therein. The requirements of Florida resident agent may be waived
by the City if evidence satisfactory to the City is provided that applicable requirements have been
met to permit service of process on a State official under State law.
RFP NO.:
DATE:
63-96/98
2/19/97
CITY OF MIAMI BEACH
32
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that
as Principal, hereinafter called Contractor, and
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Miami Beach,
Florida, as Obligee, in the amount of
($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a Contract with Owner for:
RFP NO. 63-96/98, RESIDENTIAL SOLID WASTE AND YARD TRASH
COLLECTION AND DISPOSAL, in accordance with the terms and conditions of said
Contract, which is hereby referred to and made a part hereof as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the above bounded Principal shall well and truly keep, do and perform each and every, all
and singular, the matters and things in said Contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said Contract specified,
or shall pay over, make good and reimburse to the above named Obligee, all loss and damage
which said Obligee may sustain by reason of failure or default on the part of said Principal
so to do, then this obligation shall be null and void; otherwise shall remain in full force and
effect, subject, however, to the following conditions:
Any suit under this bond must be instituted before the expiration of two (2) years from the
date on which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the Obligee named herein or the heirs, executors, administrators or successors of
the Obligee.
Contract Bond Form
January 1989
RFP NO.:
DATE:
63-96/98
2/19/97
CITY OF MIAMI BEACH
33
In WITNESS WHEREOF, the above bounden parties have caused this Bond to be
executed by their appropriate officials of the day of
Witnesses:
PRINCIPAL
(If sole Proprietor or partnership)
(Firm Name)
By
Title:(Sole Proprietor or partner)
PRINCIPAL (If Corporation)
(Corporate Name)
By
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
(Copy of Agent's current
License as issued by State of
Florida Insurance Commissioner
shall be attached hereto)
BY:
RFP NO.:
DATE:
63-96/98
2/19/97
CITY OF MIAMI BEACH
34
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as
Principal in the foregoing bond; that who signed the said bond on behalf
of the Principal, was then of said Corporation; that I know hislher
signature, and said signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing body.
Secretary
Corporate
Seal
ACKNOWLEDGMENT OF ATTORNEY-IN-FACT SURETY
STATE OF FLORIDA)
ss
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
, who says that (s)he is the Attorney-in-Fact for the
(Surety) and that (s)he has been authorized by the Surety to execute
the foregoing bond on behalf of the Surety named therein in favor of the City of Miami Beach,
Florida. Said person is _ personally known to me, or _ has produced (specify type of
identification, I.e., driver's license and number, state of issue,
etc.) and
_did take an oath, or _ did not take an oath attesting to the truth and correctness of the
statements made.
WITNESS my hand and official seal, at the County and State aforesaid, on the day and year
aforesaid.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My commission Expires:
RFP NO.:
DATE:
63-96/98
2/19/97
CITY OF MIAMI BEACH
35
RFP NO.:
DATE:
63-96/98
2/19/97
SECTION VII - ATTACHMENTS
(If applicable. Maps, graphs, etc.)
CITY OF MIAMI BEACH
36
RFP NO.:
DATE:
SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
63-96/98
2/19/97
CITY OF MIAMI BEACH
37
PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by proposer that the City reserves the right to reject any and all
proposals, to make awards on all items or any items according to the best interest of the City,
and to waive any irregularities in the RFP or in the proposals received as a result of the RFP.
It is also understood and agreed by the proposer that by submitting a proposal, proposer shall
be deemed to understand and agree than no property interest or legal right of any kind shall
be created at any point during the aforesaid evaluation/selection process until and unless a
contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP NO.:
DATE:
63-96/98
2/19/97
CITY OF MIAMI BEACH
38
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