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2000-23923 RESO RESOLUTION NUMBER 2000-23923 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF REQUEST FOR PROPOSALS NO. 101-99/00 FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, AND BULK WASTE, AND OPERATION OF THE CITY'S SOLID WASTE MANAGEMENT FACILITY. WHEREAS, the City's existing Agreement with Onyx Florida, LLC, for residential solid waste and yard trash collection services is due to expire on October 18, 2000; and WHEREAS, the City's existing Agreement with Onyx Florida, LLC, for the operation of the Solid Waste Management Facility (alk/a Stash Area) located within the Bayshore Golf Course at 28th Street and Meridian Avenue, is also due to expire on October 18, 2000; and WHEREAS, the Administration finds it in the public interest to promote consistency in waste collection and disposal by herein recommending the issuance of a Request for Proposals (RFP) which combines the residential solid waste and yard trash collection services and the operation of the Solid Waste Management Facility into one service Agreement; and WHEREAS, it is necessary to issue the RFP on a timely basis to allow the Administration ample time to complete the RFP review process and forward a contract award recommendation to the Mayor and Commission, prior to the expiration the Onyx Florida, LLC Agreements. NOW, THEREFORE, BE IT nUL Y RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the issuance of Request for Proposals (RFP) No. 101-99/00 for collection and disposal of residential solid waste, yard trash, and bulk waste, and operation of the City's Solid Waste Management Facility, is hereby approved. Passed and Adopted this 24th day of May, 2000. ri ATTEST: MAYOR 1~~ ~UL~'- CITY CLERK APPROVED p.S TO FORM & LANGUAGE & FOR EXECUTION 1fJtI:!. ~~d/ CITY OF MIAMI BEACH RFP NO. 101-99/00 REQUEST FOR PROPOSALS FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, AND BULK WASTES, AND OPERATION OF THE CITY'S SOLID WASTE MANAGEMENT FACILITY A Pre-Proposal Conference is scheduled for June 20, 2000, at 10:00 A.M. , in First Floor Conference Room on the first floor of City Hall. SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN JUNE 29, 2000 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: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 1 T ABLE OF CONTENTS Pal:e I. OVERVIEW AND PROPOSAL PROCEDURES 3 II. SCOPE OF SERVICES 7 III. PROPOSAL FORMAT 29 IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 31 V. GENERAL PROVISIONS 33 VI. SPECIAL TERMS AND CONDITIONS 35 VII. ATTACHMENTS 43 VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 44 RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 2 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND The City's existing contract for residential solid waste and yard trash collection and disposal and operation ofthe Solid Waste Management Facility are due to expire October 18,2000. B. RFPTIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued and available for distribution June 2, 2000 Deadline for receipt of questions June 16, 2000 Pre-Proposal Conference June 20, 2000, at 10:00 a.m. Deadline for receipt of proposals June 29,2000, at 2:00 p.m. Evaluation committee meeting June 30, 2000 Projected award and contract execution date July 5, 2000 Projected contract start date August 7,2000 C. PROPOSAL SUBMISSION An original and six copies of the complete proposal must be received by June 29,2000 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 ofthe 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 3 D. PRE-PROPOSAL CONFERENCE A pre-proposal conference has been scheduled for June 20, 2000 at 10:00 a.m. in the First Floor Conference Room 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 ofthis 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 ofthe 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 4 G. MODIFICATION/WITHDRA 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 bidders should register with the DemandStar.com (the City's Vendor Database Management Firm) ; this will facilitate their receipt of future notices of solicitations when they are issued. Potential bidders may contact DemandStar.com at (800) 711-1712 or register on-line at www.Demandstar.com. It is the responsibility of the bidder to inform DemandStar.com concerning any changes, such as new address, telephone number, or commodities. It is the responsibility ofthe proposer to inform the City concerning any changes, including new address, telephone number, or commodities. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 5 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 ifthe 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 proposer will in no way relieve it from responsibility. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 6 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 ofthat 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 7 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. 1a. ROUTE INFORMATION SOUTH BEACH (Biscayne Street to 41st Street, including islands - approximately 1,240 units) Monday - Solid Waste only Thursday - Solid Waste & Yard Trash MIDDLE BEACH (41st Street to 67th Street- approximately 2,743 units) Tuesday - Solid Waste only Friday - Solid Waste & Yard Trash NORTH BEACH (67th S1. to 87th Terrace- approximately 2,390 units) Wednesday - Solid Waste only Saturday - 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. The current contractor is using 2 or 3 trucks per route. Avg. # of Units Serviced Monthly Residential, Duplexes, Townhouses 5,426 (5,309 Single Family, 117 Townhouse & Duplexes) Multiple Dwelling Building 946 (units) 1 b. DUMPING REOUIREMENTS All garbage and yard trash must be dumped at the Montenay Resource Recovery site located at 6990 N.W. 97th Avenue, Miami, Florida. Metro Dade Solid Waste Management is currently charging a "Contract Rate" of$46.35 per ton to dump all garbage and yard trash at the Montenay Resource Recovery site. 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 June 2, 2000 CITY OF MIAMI BEACH 8 3.0 TERM 3.1 The term of the Contract shall be for the period of two-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 three (3) 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 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 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 ofthe 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 9 4.6 Contract or Aereement: The contract executed by the Owner and the Contractor for the performance ofthe 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 of the work or supply of equipment or materials, and its duly authorized representative. 4.8 Disposal Costs: The "tipping fees" charged to the Contractor for disposal of the garbage and trash collected by the Contractor. 4.9 Garbaee: 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. 4.10 Garbage 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 of lawns, 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. RFP NO.: DATE: 101-99/00 June 2,2000 CITY OF MIAMI BEACH 10 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 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 sA03.707, 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 loader/packer type of garbage truck used by the Contractor. 4.20 Multiple Dwelline Buildine: 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 11 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 of the Contract and will pay all lawful claims. 4.22 Recyclable Materials: Those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 4.23 Recyclin~: 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 Re~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. 4.27 Remodelin~ 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 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 12 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 - Reeular: 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. 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. 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'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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 13 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 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 Spillaee: 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 swa1e 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. RFP NO.: DATE: 101-99/00 June 2,2000 CITY OF MIAMI BEACH 14 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 & Multiple Dwelline Garbaee: Collections of garbage and rubbish shall be at the house backyard or sideyard and 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. 6.1.5 Method of Collection of Residential Garbaee: 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 15 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 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 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. 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 16 7.3 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 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 ofthirty (30) days, the City may at its option and discretion, cancel, or renegotiate this contract. 8.0 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 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 17 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 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 limbslbranches not greater than four (4) inches in diameter, shall be collected at least one day 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 18 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 of the 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 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 19 10.2 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 effected by the contractor in the appointment day, and not before or later. 10.3 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 of the 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 SOLID WASTE MANAGEMENT FACILITY 11.0 FACILITY DESCRIPTION Historically, the site has been used a Community Trash and Recycling Center for the disposal of Bulk Wastes by local residents, landscapers and contractors. The site has also been used by the City for the disposal of trash collected by the City while performing routine maintenance of City facilities, parks, and right-of-way. In addition, the site also been used as a local transfer station for materials collected under the Residential Bulk Waste Collection Program. As a result of increased environmental agency regulation and the City's plans to renovate the adjacent golf course, the Solid Waste Management Facility is in a state of transition. The City is now in the process of renovating and modernizing the facility with improved access, drainage and leachate control systems, material sorting decks equipment staging areas, and an improved landscape buffer surrounding the facility. The City is also in the process of obtaining a Materials Recovery Facility Permit for the facility from the Miami-Dade County Department of Environmental Resource Management (DERM). RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 20 It is not the City's intent to increase the overall volume of material processed through the facility or the industrial nature ofthe facility. Instead, the intent is to increase the quality and timeliness of the services offered, and to lower the costs charged to our residents by allowing for more efficient use of space, cost savings realized by sorting of waste streams and increased recycling. By the effective date of the contract contemplated herein, the facility will be operating under, and its operator will be required to comply with, the terms and conditions of a Consent Agreement between the City and DERM. The consent agreement memorializes the city's intent to obtain a Materials Recovery Facility Permit for the site in conjunction with the site improvement plan and the consent, on part of the DERM, to allow the City and its contractor to conduct limited Trash Transfer Station Operations at the existing facility pending the approval and implementation ofthe Materials Recovery Facility Permit Program. 11.1 Description of Work: The Contractor shall be responsible for operating the Solid Waste Management Facility in the Bayshore Golf Course ofthe City of Miami Beach (the "Facility"). 11.2 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 of7:00 a.m. - 5:00 p.m. The Contractor will post the preceding dayslhours of operation in a readily visible place at the entrance of the Facility. 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 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. 11.3 The facility shall be accessible to residents of the City of Miami Beach, City of Miami Beach Employees and Landscapers and Contractors performing work with the limits of the City of Miami Beach. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 21 11.4 At least one (1) Contractor employee shall be on site at all times to oversee the day to day operation of the Facility, to charge City residents, contractors and landscape firms, and to prepare disposal tickets for City vehicles. This individual shall also direct traffic to where loads should be dropped. 11.5 The Contractor shall receive all City deposits of Acceptable Material, as defined in Section 11.12 below, at the Facility. Duplicate receipts shall be maintained. One (1) copy will be signed by City personnel and be retained by the Contractor for monthly billing to the City, and one (1) copy will go to City personnel to reconcile monthly billings. 11.6 The Contractor shall produce mulch from Clean Yard Waste and make mulch available to the City and Residents at no additional cost, as limited by the quantity of mulch produced at the Facility. The Contractor shall identify and segregate Clean Yard Trash received at the Facility. The Contractor shall be responsible for the removal and disposal of any excess mulch from the Facility. Mulching shall only occur a maximum of two days per week, from Tuesday through Friday, from 11 :00 a.m. - 5:00 p.m. The Contractor shall not be responsible for any damages or injury to persons or property resulting from use of mulch obtained from the Facility by the City or other individuals. 11.7 The Contractor shall not allow excess accumulation of waste materials at 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 of the 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 22 11.10 Fee Schedule: The Contractor shall adhere to the following fee schedule: Clean Yard Waste (shall include garden trash, special handling garden trash, and tree and shrubbery trash) Charges to the City of Miami Beach: $5.00 per cubic yard Charges to Residents: Cars (2 or 4 doors) Pickups and SUV s Van or Trailer FREE FREE $10.00 per cubic yard Charges to contractors and landscape firms: Pickups Van or Trailer $12.00 per cubic yard $12.00 per cubic yard Other (shall include household furniture, bulk wastes, white goods, and acceptable construction and demolition debris) $8.00 per cubic yard FREE FREE $18.00 per cubic yard $20.00 per cubic yard $20.00 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 or mulching of all Acceptable Materials delivered pursuant to the facility. All disposal shall be in accordance with current City, County, State and Federal laws and regulations. "Acceptable Materials" shall include those items set forth under Sections 4.5, 4.11, 4.13,4.14,4.27,4.33,4.34, and 4.35 above. Any waste containing biohazardous waste, hazardous waste, industrial waste, infectious waste, or putrescible garbage shall not be deemed Acceptable Material. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 23 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. 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. 12.2 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. 12.3 Employee Uniform Reeulations: 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 (2-112) 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. 12.4 Contractor shall sumbit a customer service plan to the City Manager for review and approval prior to commencement of the services pursuant to this RFP. 12.5 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. 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 24 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. 12.10 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 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 25 14.2 Billin2 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. 14.3 Adjustments 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 Chan2es 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 26 CONTRACT PERFORMANCE/PENAL TIES/DEF AUL T 15.0 CONTRACT PERFORMANCE 15.1 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, 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 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. 15.2 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. 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 of the 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 hereof be 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 27 17.0 COMPLAINTS AND COMPLAINT RESOLUTION 17.1 Complaints: Contractor shall prepare, in accordance with the format approved by the City, and maintain register of all complaints and indicate 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 on which the complaint shall be addressed in concordance with the following schedule: 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 of the 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 monthly listing of all the complaints filed and oftheir dispositions shall be mailed monthly to the City Manager or his designee, no later that five (5) working days after the end of each month. 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. RFP NO.: DATE: 101-99/00 June 2,2000 CITY OF MIAMI BEACH 28 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 ofthe 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. Acknowledgment of Addenda and Proposer Information forms (Section VIII) 6. Any other document required by this RFP. such as a Questionnaire or Proposal Guaranty. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 29 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 ofthe criteria for evaluation set forth below, Proposers shall include a statement of the number of years oftheir 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 personnel and procedures they will use to perform their obligations under the Contract, and any other factor relevant to the evaluation of their proposal. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 30 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. (b) Ability to provide high-quality service to the City's residents, as evidenced by type and amount of equipment, personnel, and procedures. <9 Prior experience in the industry, and prior service to City or to other groups of residents in a high-quality manner. (d) Financial condition and stability of the proposer, and financial outlook for the proposer for the term of the contract. 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 31 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 ofthe 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. Ifthe City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer ifthe 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 32 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 ofthe 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 DEFAULT 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 offuntil such time as the exact amount of damages due the City from the Contractor is determined. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 33 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. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 34 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: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 35 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$1 ,000,000 for each occurrence and for all damages to the property of others in and up to the amount of$I,OOO,OOO 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 ofthe 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: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 36 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: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 37 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 form), limits ofliability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products and Completed Operations; Independent Contractors; Broad Form 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 $ $ $ $ $ $1,000,000 Thirty (30) days written cancellation notice required. A rating ofB+:VI or better in Best's Key Rating Guide, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may by required within five (5) days after bid opening. Bidder Signature of bidder RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 38 Performance Bond: The Contractor shall furnish a Performance Bond in the form attached to these specifications as security for the performance ofthis Contract with the City. Said performance bond will be fifty percent (50%) ofthe Contract amount as calculated at award and adjusted yearly on the anniversary date of the Contract, to remain in force for the duration of this Contract. Premium for the bond described above shall be paid by the Contractor. This bond shall be written in a surety company licensed to do business in the State of Florida. Requirements as to Surety: The Surety of Sureties shall be a company or companies satisfactory to the City. Any surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein. The requirements of Florida resident agent may be waived by the City if evidence satisfactory to the City is provided that applicable requirements have been met to permit service of process on a State official under State law. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 39 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto the City of Miami Beach, Florida, as Obligee, in the amount of ($ ) forthe 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. 101-99/00, 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: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 40 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) PRINCIP AL (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: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 41 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 his/her 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, 1.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: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 42 RFP NO.: DATE: 101-99/00 June 2, 2000 SECTION VII - ATTACHMENTS (If applicable. Maps, graphs, etc.) CITY OF MIAMI BEACH 43 SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 44 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: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 45 REQUEST FOR PROPOSALS NO. 101-99/00 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staffDate (Proposer - Name) (Date) (Signature) RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 46 DECLARATION TO: Lawrence A. Levy City Manager City of Miami Beach, Florida Submitted this day of ,2000. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. This proposal is accompanied by a Proposal Security in the form of a Cashier's Check in the amount ofTen Thousand ($10,000.00) Dollars. The City of Miami Beach reserves the right to reject any and all security tendered to the City. Proposal Security will be refunded within thirty (30) days after the City of Miami Beach and the accepted proposer have executed the written contract. The proposer states that the proposal is based upon the documents identified by the following number: SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 47 Proposer's Name: Principal Office Address: Official Representative, Lobbyists, Lawyers, etc.: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If Forei2n Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: RFP NO.: DATE: 101-99/00 June 2, 2000 QUESTIONNAIRE CITY OF MIAMI BEACH 48 Ouestionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Give the names and locations of places at which proposer has operated similar businesses, together with dates of operation: Type of Operation Name Location Dates (a) (b) @ (d) (e) RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 49 RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 50 Questionnaire (contin ued) 3. State in approximate terms the largest gross receipts proposer has realized from the operation of the businesses mentioned in Item #2 in anyone place in one (I) year. $ Year: Location 4. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 5. List those City of Miami Beach agencies with which the proposer has had contracts or agreements during the past three (3) years: (a) (b) @ 6. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 7. Has any surety or bonding company ever been required to perform upon the proposer's (or any of its principals') default? If yes, attach a statement naming the company, the date, the amount of the bond and the circumstances surrounding said default and performance. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 51 Ouestionnaire (contin ued) 8. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership. If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 9. References: Give three (3) references as to experience and ability: Name Company Phone No. l. 2. 3. 9a. Equipment: List all equipment intended for use with this contract as follows: Year Make/Model Condition 10. Without going into individual homes, have you carefully inspected the areas where collection is required? Yes_ No 11. Have you and/or your legal advisor reviewed the legal requirements and language that will be reflected in the contract? Yes No 12. Person or persons interested in this bid and Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 52 Questionnaire (continued) 13. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: 14. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, so state.) The proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City Manager. The proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 53 WITNESSES: Signature Print Name WITNESSES: Signature Print Name Signature (Print Name) WITNESSES: Signature Print Name RFP NO.: DATE: 101-99/00 June 2, 2000 IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Name of Firm Address By: (General Partner) (Print Name) IF CORPORATION: Print Name of Corporation Address By: President Attest: Secretary (CORPORATE SEAL) CITY OF MIAMI BEACH 54 CITY OF MIAMI BEACH REQUEST FOR PROPOSALS NO. 101-99/00 PROJECT(S): SOLID WASTE COLLECTION AND YARD TRASH COLLECTION AND DISPOSAL CONTRACT I (We) propose to collect and dispose of solid waste and yard trash from all residential customers within the areas assigned by the City of Miami Beach and to provide collection service in complete accordance with the provisions of the Contract Document. The monthly residential rate per dwelling unit for pickup prescribed in the RFP shall be: BACKYARD (AT GROUND LEVEL) - For residential garbage; yard trash, and bulky pick-ups at curbside A. Total Rate $ Per month per unit for single-family residences, townhouses, and duplexes B. Total Rate $ Per month per apartment (8 units or less) PRICES SET FORTH ABOVE ARE FIRM AND ARE NOT SUBJECT TO ADJUSTMENT EXCEPT AS DEFINED IN THE RFP. CORPORATE SEAL AFFIXED ATTEST: PROPOSER: Signature (Name) Title RFP NO.: DATE: 101-99/00 June 2, 2000 CITY OF MIAMI BEACH 55 ~ 00 o ~ 00 ..... ~ ~ QZ ~o 0'1 ..... O'I~ ..l,u Q~ """....:l .....:l 00 Zu ~= ~oo I~ ~~ o~ ~~ Z~ 000 .....< ~~ <~ ;;;J..... ~....:l >~ ~....:l -< ..... ~ Z ~ ~ ..... 00 ~ ~ I-; Q) CIl o 0.. o I-; 0.. Cl I-; Q) CIl o 0.. 2 0.. u I-; Q) CIl o 0.. o I-; 0.. co I-; Q) CIl o 0.. o I-; 0... < I-; Q) CIl o 0.. o I-; 0... ro 'I:: Q) ...... 'I:: U l:: o ';g ~ - ro ;;. ~ >. ...... o Q) ..s o ...... ...... CIl o U Q) U ~ 'E 'S: Q) o CIl s..o ,- .8c;3 >.~ ...... 0"' ,_ I :;::,.J::i ,D OJ) <:.2 Q) u ~fE Q) Q) 'I:: ~ Q) C 0........ ~ g5 1-;"'0 o ,S 'I:: l:: 0... ' _ l:: o ,- ...... ~ l:: o >. u .~ - - .;S ~ u ...... ~ CIl 1=1"'0 ~ ~ == U -< ~ =:I ~~ ~lfl r.. o .., ~ .... U Q Q QQ QN --- ~ O\N 0\ ~ ~ = Q = ......., ~ = .- ~ = = ~ o .. Z~ ~~ ~~ THIS PAGE INTENTIONALLY LEFT BLANK CITY OF MIAMI BEACH lO CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ---=r 10 -CD TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: May 24, 2000 FROM: Lawrence A. Levy I tv' City Manager )IJP SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) NO. 101-99/00 FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE, YARD TRASH, AND BULK WASTES, AND OPERATION OF THE CITY'S SOLID WASTE MANAGEMENT FACILITY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANAL YSIS The City's existing Agreement with Onyx Florida, LLC, for residential solid waste and yard trash collection services is due to expire on October 18, 2000. The existing Agreement with Onyx Florida, LLC, for the operation of the Solid Waste Management Facility (aka Stash Area) located within the Bayshore golf course at 28th Street and Meridian Avenue, is also due to expire on October 18,2000. Based on negotiations with Onyx, the Administration has determined that the renewal options contained in the Agreements cannot be exercised, because the Contractor is unable to renew the service agreements within the cost constraints included in the renewal options. In order to provide for the competitive selection of a new service provider in sufficient time to allow for a smooth transition, a Request for Proposals (RFP) must be issued on a timely basis. The Administration finds it in the public interest to promote consistency in waste collection and disposal and therefore recommends the issuance ofthe attached RFP which combines the residential solid waste and yard trash collection services and the operation of the Solid Waste Management Facility into one service Agreement. AGENDA ITEM efT DATE S-2-'-/--OO In order to review the proposals received in response to the RFP, and to make a selection recommendation to the City Commission, the City Manager will create a Selection Committee comprised of Matthew Schwartz, Assistant City Manager, Robert Thomas, Sanitation Director, Trish Walker, Finance Director, Bruce Henderson, Environmental Resources Management Director, a representative from the Finance and Citywide Projects Committee, and a representative of the G.O. Bond Oversight Committee. Therefore, the City Commission should adopt the attached Resolution authorizing the issuance of Request for Proposals (RFP) No. 101-99/00 for collection and disposal of residential solid waste, yard trash, and bulk wastes, and operation of the city's solid waste management facility. LAL~