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98-22736 RESO RESOLUTION NO. 98-22736 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS FOR RESIDENTIAL SOLID WASTE AND YARD TRASH COLLECTION AND DISPOSAL WHEREAS, the City's existing contract for residential solid waste and yard trash collection and disposal is due to expire on October 18, 1998; and WHEREAS, the Administration has drafted a Request For Proposal (RFP) for providing the required services and set a tentative date of June 4. 1998, as the deadline for receipt of proposals; and WHEREAS, it is necessary to issue this RFP on a timely basis to avoid interruption in residential solid waste and yard trash collection and disposal services. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Administration to issue a Request for Proposals for Residential Solid Waste and Yard Trash Collection and Disposal. PASSED and ADOPTED this 6th day of May, 1998. 'IL~ MA YOR ATTEST: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /UtW~ll: c. ttorney r&l9p Dote DRAFT CITY OF MIAMI BEACH RFP NO. 53-97/99 REQUEST FOR PROPOSALS FOR RESIDENTIAL SOLID WASTE AND YARD TRASH COLLECTION AND DISPOSAL A Pre-Proposal Conference is scheduled for May 19, 1998, 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 4, 1998 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: 53-97/99 5/07/98 CITY OF MIAMI BEACH 1 T ABLE OF CONTENTS Page I. OVERVIEW AND PROPOSAL PROCEDURES 3 II. SCOPE OF SERVICES 8 III. PROPOSAL FORMAT 24 IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EV ALUA TION 25 V. GENERAL PROVISIONS 27 VI. SPECIAL TERMS AND CONDITIONS 29 VII. ATTACHMENTS 37 VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 38 RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 2 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTIONIBACKGROUND The City's existing contract for residential solid waste and yard trash collection and disposal expires October 18, 1998. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued and available for distribution May 7, 1998 Deadline for receipt of questions May 15, 1998 Pre-Proposal Conference May 19, 1998, 10:00 a.m. Deadline for receipt of proposals June 4, 1998,2:00 p.m. Evaluation committee meeting June 5, 1998 Projected award and contract execution date June 17, 1998 Projected contract start date July 17, 1998 C. PROPOSAL SUBMISSION An original and five copies of the complete proposal must be received by June 4, 1998 at 2:00 p.m. and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the proposer's name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Proposals received after the proposal due date and time will not be accepted and will not be considered. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 3 D. PRE-PROPOSAL CONFERENCE A pre-proposal conference has been scheduled for May 19, 1998 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 of this RFP until award of the contract, no contact with City personnel related to this RFP is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the proposer's submittal. Requests for additional information or clarifications must be made in writing to the Procurement Director no later than the date specified in the RFP timetable. Facsimiles will be accepted at (305) 673-7851. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the RFP due date. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any written addendum to this RFP. Proposers are required to acknowledge the number of addenda received as part of their proposals. The proposer should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. F. PROPOSAL GUARANTY All proposals must be accompanied by a proposal guaranty, payable to the City of Miami Beach, in the form of a certified check, cashier's check, or proposal bond in the amount of $10,000.00. Failure by a proposer to honor its proposal or to submit any required insurance or performance bond, within the time stated, shall cause the proposal guaranty submitted with the proposal to be forfeited. Any proposal which is not accompanied by the required proposal guaranty shall be considered non-responsive and ineligible for award. The proposal guaranty of the successful proposer will be returned to it upon approval of any required insurance certificates or bonds. Proposal guaranties submitted by other than the successful proposer will be returned to them after award of a contract to the successful proposer. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 4 G. MODIFICA TION/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 proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. The successful proposer(s) must register prior to award; failure to register will result in the rejection of the proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: 1. Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License 5. Notarized Florida Public Entity Crime Affidavit RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 5 It is the responsibility of the proposer to inform the City concerning any changes, including new address, telephone number, or commodities. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. Where exceptions are rejected, the City may require the proposer to furnish the services or goods described herein, or negotiate an acceptable alternative. L. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law", M. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected proposer, and if the City and the selected proposer cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with the next selected proposer. This process will continue until a contract has been executed or all proposals have been rejected. No proposer shall have any rights in the subject project or property or against the City arising from such negotiations.. N. PROTEST PROCEDURE Participants may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after contract award. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protestor. O. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 6 Guidelines, and all other EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility. P. DEFAULT Failure or refusal of a proposer to execute a contract upon award, or untimely withdrawal of a proposal before such award is made, may result in forfeiture of that portion of any proposal surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, such failure may be grounds for removing the proposer from the City's vendor list. Q. CONFLICT OF INTEREST The award of this RFP is subject to provisions of State Statutes and City ordinances. All proposers must disclose with their proposal the name( s) of any officer, director, or agent who is also an employee of the City of Miami Beach. Further, all proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting proposal, each proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. S. RELATION OF CITY It is the intent of the parties hereto that the successful proposer shall be legally considered to be an independent contractor and that neither the proposer nor the proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. T. TIME COMPUTATION Whenever any act is required to be done by a date that falls on a Saturday, Sunday, or holiday, the deadline will be automatically extended to the next business day. The holidays referred to in this section are: New Year's Day, July 4th, Thanksgiving Day, and Christmas Day. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 7 SECTION II - SCOPE OF SERVICES GENERAL INFORMATION I. LIAISON BETWEEN CITY AND CONTRACTOR All dealings, contracts, notice and payments between the Contractor and the City shall be directed by the Contractor to the City Manager or the City Manager's designee. All references herein to the City Manager shall also include a designee of the City Manager. la. ROUTE INFORMATION SOUTH BEACH (Biscayne Street to 41 st Street, including islands - approximately 1,240 units) Monday - Solid Waste only Thursday - Solid Waste & Yard Trash MIDDLE BEACH (41 st Street to 67th Street- approximately 2,795 units) Tuesday - Solid Waste only Friday - Solid Waste & Yard Trash NORTH BEACH (67th St. to 87th Terrace- approximately 2,442 units) Wednesday - Solid Waste only Saturday - Solid Waste & Yard Trash The total average units serviced monthly is approximately 6,477, with approximately 700 tons of solid waste and yard trash being collected. There is no limit to the amount of such waste and yard trash that the Contractor will be required to collect. The current contractor is using 2 or 3 trucks per route. Avg. # of Units Serviced Monthly Residential - Single Family, Duplexes, Townhouses 5,473 (5,353 Single Family, 120 Townhouse &Duplexes) Apartments, per unit 1,004 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 $45.00 per ton to dump all garbage and yard trash at the Montenay Resource Recovery site. 2. COMMENCEMENT OF WORK The work outlined in these specifications shall commence immediately upon receipt of a Notice to Proceed. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 8 3. TERM 3.1 The term of the Contract shall be for the period of one-year beginning from date of award.. 3.2 The City shall have the option, at its sole discretion, to renew this Contract for two additional one-year terms by giving written notice of renewal at least sixty (60) days prior to the end of the initial term. Such renewal shall be at the same cost to the City as the cost for the initial term. 4. DEFINITION OF TERMS The following terms shall have the following meanings: 4.1 Authorized Representative: The employee or employees designated by the City Manager to represent the City in the administration and supervision of this Contract. 4.2 Proposer: Any person, firm, corporation, organization, or entity submitting a proposal for the work proposed. 4.3 Biohazardous Waste: Any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contains human- disease-causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. 4.4 Biolo~cal Waste: Solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 4.5 City: City of Miami Beach, Florida, and its authorized representatives. 4.6 Construction and Demolition Debris: Materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, or asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, and including rocks, soils, tree remains, and other vegetative matter which normally results from land clearing or land development operations for a construction project. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 9 4.7 Contract or Agreement: The contract executed by the Owner and the Contractor for the performance of the work. The Contract shall contain substantially the terms provided herein or in any purchase order issued pursuant to the provisions contained herein. 4.8 Contractor or Vendor: The person, firm, corporation, organization, or entity with whom the Owner has executed a contract for performance of the work or supply of equipment or materials, and its duly authorized representative. 4.9 Disposal Costs: The "tipping fees" charged to the Contractor for disposal of the garbage and trash collected by the Contractor. 4.10 Garbage: Every refuse accumulation of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking and dealing in, or storage of, meats, fish, fowl, fruit or vegetables, and decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. 4.11 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. 4.12 Garden and Yard Trash: Any and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps, and other similar items generated by the maintenance of lawns, shrubs, gardens and trees. Waste generated by tree surgeons or contract landscapers or lawn maintenance services is not Garden and Yard Trash. 4.13 Hazardous Waste: Solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. 4.14 Household Furniture: All movable compactable articles or apparatus, such as chairs, tables, sofas, mattresses, etc., for equipping a house. 4.15 Household Trash: Accumulations of paper, magazines, packaging, containers, sweepings, and all other accumulations of a nature other than garbage or lawn trash, which are usual to housekeeping and to the operation of stores, offices and other RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 10 business places. Household trash shall include, but not be limited to, all small appliances, small furniture, yard toys, and building material waste from residential do-it-yourself projects. Waste generated by building contractors or subcontractors is not household trash. 4.16 Industrial Wastes: Any and all debris and waste products generated by manufacturing, food processing (except restaurants), land clearing, any commercial shrubbery or tree cuttings, building construction or alteration (except do-it-yourself projects) and public works type construction projects whether performed by a government unit or by contract. Industrial wastes are not included in the scope of this contract. 4.17 Infectious Waste: Those wastes which may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. 4.18 Landfill: Any solid waste land disposal area for which a permit, other than a general permit, is required by 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. 4.19 Loose Refuse: Any refuse, either garbage or trash, stored in and collected from any type of container other than a mechanical container or garbage can as described in Section 4.12. Refuse which is collected from the ground is considered loose refuse. 4.20 Mechanical Container: Any detachable metal container designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by the Contractor. 4.21 Multiple Dwelling Units: Any building containing two (2) but not more than eight (8) permanent living units, not including motels and hotels. Buildings containing over eight (8) living units are classified as commercial accounts unless service of a different nature is approved by the City Manager. 4.22 Performance Bond: The form of security approved by the City and furnished by the Contractor as required by the Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 11 4.23 Recyclable Materials: Those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 4.24 Recycling: Any process by which solid waste or materials which otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products. 4.25 Residential Solid Waste: A mixture of garbage and trash resulting from the normal housekeeping activities of a residence. 4.25A Residence: (Single Family) A detached building designed for or occupied exclusively by one family. 4.26 Refuse: Both rubbish and garbage or a combination or mixture of rubbish and garbage, including paper, glass, metal, and other discarded matter, excluding recyclable materials. 4.27 Refuse Regulations: Regulations prescribed by the City together with such administrative rules, regulations, and procedures as may be established for the purpose of carrying out or making effective the provisions of the Contract. 4.28 Remodeling and Home Repairs Trash: Materials accumulated by the homeowner or tenant during the course of a self-performed improvement project, prepared in lengths not to exceed five (5) feet or forty (40) pounds in weight. 4.29 Residential Service: The refuse collection service provided to persons occupying residential dwelling units within the designated area, who are not receiving commercial service. 4.30 Solid Waste: Refuse, yard trash, clean debris, white goods, special waste, refuse, and other discarded material. 4.31 Solid Waste Disposal Facility: Any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 4.32 Special Waste: Solid wastes that can require special handling and management, including, but not limited to, asbestos, whole tires, used tires, used oil, lead-acid batteries, and biological wastes. 4.33 Specifications: Directions, provisions, and requirements contained in the Request for Proposals, together with any written contract made or to be made setting out or RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 12 relating to the methods and manner for the work to be carried out. 4.34 White Goods: Inoperative and discarded refrigerators, ranges, water heaters, freezers, small air conditioning units, and other similar domestic and commercial large appliances. 4.35 Yard Trash - Regular: Vegetative matter resulting from yard and landscaping maintenance, including materials such as tree and shrub trimmings, grass clippings, palm fronds, or small tree branches not in excess of four (4) feet in length and four (4) inches in diameter. Such trash shall be bundled or placed in containers which are susceptible to normal loading and collection as other residential solid waste. No bundle or filled container shall exceed fifty (50) pounds in weight. 4.36 Yard Trash- Bulk: Large cuttings of vegetative and wood matter which are part of normal yard maintenance which cannot be cut for placement in a container, bag, or bundle due to the material exceeding the weight and size restrictions for regular yard trash. Bulk yard trash shall be of a type as to be readily handled by the mechanical equipment of the Contractor and bulk yard material shall not exceed six (6) feet in length. Bulk yard trash does not include any form or matter or debris resulting from tree removal, land clearing, land development, building demolition or home improvement. Home improvements as defined herein would include but not be limited to carpeting, cabinets, dry wall, lumber, paneling, and other such construction related materials. Carpeting will be picked up by the Contractor if cut to lengths of six (6) feet or less and bundled. Bulk yard trash does not include automobiles and automotive components, boats and internal combustion engines. This must be scheduled by the Contractor six times per year (every other month). 4.37 SPECIAL PICK-UP: Garden trash, tree and shrubbery trash, and any other household debris which is not ready to be picked up on the scheduled bulk trash pick up day, or the second scheduled garbage pick up day per week, can be picked up at the owner's/occupant's expense by calling the contractor for a special pick up. The contractor shall quote price for special pick ups and collect fee from owner. SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE PROGRAM 5. DESCRIPTION OF WORK 5.1 The Contractor shall provide residential solid waste collection services within the City limits of Miami Beach, disposing of same as provided herein. The City will be responsible for the billing and collection of solid waste fees from residential customers. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 13 5.2 The Contractor shall provide, at his own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories, and things necessary to maintain the standard of collections and disposal set forth herein. 5.3 Protection of Adjacent Property and Utilities: The Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The Contractor shall take cognizance of all existing utilities and shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the owner any breakage or damage caused by its operation. 5.4 Spillage: The Contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection shall occur. The Contractor may refuse to collect any solid waste that has not been placed in a receptacle, as provided herein. During hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 6. RESIDENTIAL COLLECTION SERVICE 6.1 The Contractor shall collect and dispose of all garbage, yard trash, and solid waste (except special waste, paragraph 4.32) from all single-family homes, multi-family units of eight (8) or fewer units under common ownership presently being serviced by the City ofMiarni Beach and as identified by the list provided by the City. The Contractor shall also remove debris such as fallen branches from the swale areas during regular pickups. 6.1.1 Frequency of Collection: The Contractor shall collect solid waste from places of residence within the contract collection area at least two (2) times per week, with collections at least three (3) days apart. The Contractor shall collect yard trash at curbside every second scheduled garbage pick up day per week. 6.1.2 Hours of Collection: Collection shall begin no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M. In the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the City Manager, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 14 6.1.3 Point of Pickup of Residential Garbage: Collections of residential garbage and rubbish shall be bid at the house (backyard/sideyard) for collection, at ground level. 6.1.4 Receptacle: The Contractor shall be required to pick up all garbage and rubbish from residential units which have been properly prepared and stored for collection as follows: All garbage, trash, and rubbish shall be placed in a garbage can or in such other plastic disposal bag and shall be placed at curbside or at such other single collection point as may be agreed upon by the Contractor and the customer. Usual household trash shall either be placed in containers where it shall be collected in the same manner as garbage or at curbside. Non-containerized trash shall be collected providing that it does not exceed four (4) feet in length nor be greater than fifty (50) pounds in weight for any piece or segment of such materials. 6.1.5 Method of Collection of Residential Garbage: The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any garbage or trash spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal cans can be replaced upright with covers securely and properly in place on the cans-or can be inverted with covers placed topside up on the ground next to the container. Plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be turned upright to such rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. In the event of damage by the Contractor for garbage receptacles, the Contractor shall be responsible for the timely repair or replacement of said receptacles. 7. SCHEDULES AND ROUTES 7.1 The Contractor shall provide the City with schedules for all collection routes and keep such information current at all times. If any change in the collection routes occurs, then the City shall be immediately notified in writing. The City Manager shall approve all permanent changes in routes or schedules that alter the day of pickup. Upon approval of the City Manager, the Contractor shall publish in a newspaper of general circulation in Dade County at least seven (7) days prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely by the Contractor. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 15 7.2 The City reserves the right to deny Contractor's vehicles access to certain streets, alleys, and public way inside the City in route to the disposal site where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closure less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under the Contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Such notification, material, methods, and frequency of delivery shall be approved by the City. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. NOTE: The Contractor's attention is directed to the fact that at times during the year, the quantity of refuse to be disposed of is materially increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required collection schedules and routes. 7.3 Storm. In case of a storm, the City Manager may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the Contractor shall advise the City Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm, if it is necessary for the Contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the 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 of thirty (30) days, the City may at its option and discretion, cancel, or renegotiate this contract. 8. COLLECTION EOUIPMENT 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 RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 16 contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. For residential collections, equipment shall be of the enclosed loader packer type, and all equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number, and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City. SERVICES TO BE PERFORMED BY THE CONTRACTOR- YARD TRASH PROGRAM 9. DESCRIPTION OF WORK 9.1 The Contractor shall collect all yard trash as defined in Sections 4.35 and 4.36 from all single-family homes, multi-family units of eight (8) or fewer units under common ownership now being served by the City of Miami Beach. 9.2 Frequency of Collection: The Contractor shall collect yard trash from residences within the service area at least one (1) time per week on the second scheduled pick- up day of each week. White goods and bulk items to be collected on a pre-arranged basis. Contractor will be responsible for establishing program and public information. 9.3 Hours of Collection: Collection shall begin no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M., provided that in the event of an emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph, following approval by the City Manager. 9.4 Point of Pickup of Yard Trash: Collection of yard trash shall be at curbside. 9.5 Preparation of Yard Trash for Collection: The Contractor shall pick up all yard trash generated from residential units which has been properly prepared and stored for collection as follows: RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 17 Garden and Yard Trash - Regular placed adjacent to the pavement or traveled way of the street in containers or bundles less than fifty (50) pounds each and with no dimension over four (4) feet each, or limbs/branches not greater than four (4) inches in diameter, shall be collected at least one day per week. Palm fronds and bulky tree debris from trees on the swales shall be picked up as is. Non-containerized Yard Trash and Yard Trash-Bulk will be collected by the Contractor on a scheduled basis at no additional charge. Such service shall be provided at least six times per year (every other month). In the event of a dispute between a Contractor and a customer as to what constitutes bulky yard trash, the situation will be reviewed and decided by the Contract Administrator whose decision will be final. 9.6 Method of Collection of Yard Trash. The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any yard trash spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point 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. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 18 ,/ OUALITY OF SERVICE 10. CONTRACTOR'S PERSONNEL 10.1 Contractor's Officer(s): The Contractor shall assign a qualified person or persons to be in charge of the operations within the service area. The Contractor shall give the names of the person(s) to the City. Information regarding the person's experience and qualifications shall also be furnished. Supervisory personnel must be available for consultation with the Manager and/or customers within a reasonable, practicable time after notification of a request for such consultation. The supervisor(s) shall operate a vehicle which is radio equipped. 10.2 Conduct of Employees: The Contractor shall see to it that his employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property of neighboring premises unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property including cans, carts, racks, trees, shrubs, flowers and other plants. 10.3 Employee Uniform Regulations: 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. 10.4 Compliance with State. Federal and Municipal Law: The Contractor shall comply with all applicable City, State and Federal laws now or hereafter in effect relating to wages, hours, and all other applicable laws relating to the employment or protection of employees. 10.5 Fair Labor Standards Act: The Contractor is required and hereby agrees by execution of this Contract, to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended from time to time. 10.6 Each vehicle operator shall, at all times, carry a valid driver's license for the type of vehicle that is being driven. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 19 10.7 The Contractor shall provi~e operating and safety training for all personnel. 10.8 The Contractor shall, wherever possible, employ its personnel from residents of Miami Beach. 10.9 No person shall be denied employment by the Contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 11. CONTRACTOR'S OFFICE 11.1 The Contractor shall provide, at its expense, a suitable office located within or in close proximity to Dade County, open between 8:00 A.M. and 5:00 P.M. Monday through Friday, with a telephone number dedicated solely for Miami Beach where complaints shall be received, recorded, and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other special or emergency complaints or calls. 11.2 Notification to Customers:. The Contractor shall notify all customers, in writing, about complaint procedures, rates, regulations, and the days of collection and procedures for special pick-ups, including white goods and bulk items. CHARGES. RATES. AND LEVEL OF SERVICE 12. PAYMENT AND BILLING 12.1 Compensation: The City shall pay the Contractor for the performance of this agreement the sums due based on the unit prices as listed in the Bid Form, subject to any conditions or deductions as provided under this contract. Contractor's Unit Price Schedule for solid waste and yard trash collections shall include disposal costs. Contractor shall submit an invoice by the 10th of each month for services rendered during the preceding month, and payments will be made to the Contractor on or before the 20th day of each calendar month upon verification of the invoice submitted. 12.2 Billing Procedures: On the first day of each month the Contract payment(s) for Residential Solid Waste Collection and Yard Trash Collection shall be adjusted to correspond with the occupancy of existing or new buildings and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustment; for example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever the City has temporarily terminated water service, RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 20 at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Department. The Contract adjustments will, be based on unit costs included in the Contractor's original bid. The City will notify the Contractor of any existing unit that is considered unoccupied and of any new unit that is considered to be occupied. 12.3 Adjustments in Disposal Cost: The parties acknowledge that the contract is based on the current Dade County Tipping Fee at time of award. However, it is recognized that, from time to time, the actual cost charged to the Contractor by a disposal agency for disposal of refuse at the disposal site may change. In the event of such change in the tipping fee, the Contractor may request, and the City upon submission of sufficient proof of such change shall grant, such increase in contract price for the disposal cost as will compensate for the actual change of disposal cost. Decreases in disposal cost shall be cause for a like decrease in contract pnce. 12.4 Unusual Changes or Costs: The Contractor may petition the city for rate adjustments at reasonable times on the basis of unusual changes in its cost of doing business, such as revised laws, ordinances or regulations, or changes in the location of disposal sites, and such requests shall not be unreasonably refused. Any of the aforesaid changes or any other conditions which occur that reduce the Contractor's cost shall entitle the City to receive a unit rate decrease equal to the decrease in the Contractor's cost. CONTRACT PERFORMANCE/PENAL TIES/DEF AUL T 13. CONTRACT PERFORMANCE 13.1 The Contractor's performance of this Contract shall be supervised by the City Manager or his designee. If at any time during the life of the Contract, performance is considered unsatisfactory to the City Manager or his designee, the Contractor shall increase the work force, tools and equipment as needed to properly perform this Contract. The failure of the City Manager or his designee to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified by this Contract. 13.2 The Contractor shall furnish the City Manager with every reasonable opportunity for ascertaining whether or not the work, as performed, is in accordance with the requirements of the Contract. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 21 13.3 The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall admit authorized representatives of the City to make such inspections at any reasonable time and place. 13.4 The failure of the City at any time to require performance by the Contractor of any provision thereof shall in no way affect the right of the City thereafter to enforce same; nor shall waiver by the City of any breach of provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 14. COOPERATION/COORDINATION 14.1 The City and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work, equipment, and facilities of Contractor. 14.2 The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this Contract. The Contractor shall have at all times a competent and reliable English- speaking representative on duty authorized to receive orders and to act for him in the case of his absence. 15. COMPLAINTS AND COMPLAINT RESOLUTION 15.1 Complaints: The Contractor shall prepare, in accordance with the format approved by the City, and maintain a register of all complaints and indicate the disposition of each complaint. Such record shall be available for City inspection at all times during business hours. The form shall indicate the day and time the complaint was received and the day and time it was resolved. All complaints shall be resolved within a 24-hour period, except when a complaint is received after 12:00 noon on the day preceding a holiday, or on a Saturday, in which cases the complaint shall be resolved no later than the next working day. A monthly listing of all the complaints filed and their disposition shall be mailed monthly to the City Manager. Legitimacy of challenged complaints shall be determined on the basis of a joint inspection by the City Manager and representative of the Contractor. Disputes shall be referred to the City Manager, whose decision shall be final. 15.2 Disputes about Collection of Certain Items: It is recognized that disputes may arise between the City and Contractor with regard to the collection of certain items due to disputes over the specific language of the Contract. The City Manager may from time to time notify the Contractor by telephone to remove all such refuse. RFP NO.: DATE; 53-97/99 5/07/98 CITY OF MIAMI BEACH 22 Should the Contractor fail to remove the refuse within twenty-four (24) hours from the time of notification, the City may do so, and all costs incurred by the City shall be deducted from compensation due the Contractor. Notice of the amount deducted shall be given to the Contractor. If it is determined that disputed refuse did not conform to contract specification, the Contractor shall be entitled to reimbursement of the deduction. 16. SUBCONTRACTORS Subcontractors will not be permitted under the terms of this Contract. RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 23 SECTION III - PROPOSAL FORMAT Proposals must contain the below enumerated documents, each fully completed and signed as required. Proposals which do not include all required documentation or are not submitted in the required format, or which do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non-responsive proposals will receive no further consideration. A. CONTENTS OF PROPOSAL 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Technical Proposal Provide a narrative which addresses the scope of work, the proposed approach to the work, the schedule of work, and any other information called for by the RFP. 3. Price Proposal State Proposer's total offering price, including the cost for providing each component of the required goods or services. If a prescribed format for the price proposal is appended in Section VIII, proposers must use it. Otherwise, proposers may use a format of their choice. 4. Qualifications The minimum qualification requirements for this RFP are described below. Proposers must provide documentation which demonstrates their ability to satisfy all of the minimum qualification requirements. Proposals which do not contain such documentation may be deemed non-responsive. 5. Acknowledgment of Addenda and Proposer Information forms (Section VIII) 6. Any other document required by this RFP. such as a Questionnaire or Proposal Guaranty. B. MINIMUM REQUIREMENTS Proposers must have a minimum of three years of prior experience in providing similar services to a municipality of similar size in terms of number and type of accounts. Taking special note of the criteria for evaluation set forth below, Proposers shall include a statement of the number of years of their prior experience, their financial stability, their references on contracts of similar size and scope, their level of technical knowledge, educational degrees, and certifications obtained; the number and description of the equipment they will use to perform their obligations under the Contract, the age and condition of that equipment, the RFP NO.: DATE: 53-97/99 5/07/98 CITY OF MIAMI BEACH 24 ;ITY OF MIAMI BEACH TV HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 tp:\\ci. miam i-beach. fl. us COMMISSION MEMORANDUM NO. '2.18 -'18 TO: Mayor Neisen O. Kasdin and Members of the City Co 'ssion DATE: May 6,1998 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLUTION AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS FOR RESIDENTIAL SOLID WASTE AND YARD TRASH COLLECTION AND DISPOSAL. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: The City of Miami Beach currently contracts with Browning-Ferris Industries (BFI) for residential solid waste and yard trash collection and disposal pursuant to RFP No. 63-96/98. BFI has been the City's residential trash collector through a series of contracts since 1993. Through the current service agreement the City is billed at a rate of$15.80 per residential unit per month for the aforementioned services. The residential service agreement is due to expire October 18, 1998. The City Administration has the option to renew the agreement for eighteen (18) months- renewal term commencing on October 19,1998, and ending on April 13, 2000. Written notice of such renewal must be given to Browning-Ferris Industries at least sixty (60) days prior to the end of the initial term. The City has the option of cancelling the agreement with thirty (30) days written notice to the contractor. The City Commission gave instructions to the Administration at its April I, 1998, meeting to prepare the RFP for Residential Solid Waste and Yard Trash Collection and Disposal in order to submit proposals for a new contract. ANAL YSIS: If approved, the attached RFP No. 53-97/99, will be issued effective May 7, 1998. Completed proposals must be submitted to the Procurement Office by June 4, 1998, at 2:00 p.m. ( There is a timetable set forth on page three (3) of the attached RFP) The City Commission may then make a determination on BFl's contract renewal, or selection of a new solid waste and yard trash collector, at the July I, 1998, City Commission meeting. Agenda Item _R 1 A Date 5-~-q B CONCLUSION By soliciting new proposals for residential waste collection, the City will have the ability to evaluate the merits of retaining the current hauler (BFI) and reviewing its contract, or providing the required 30 day notification that the contract will terminate. Accordingly, the City Commission should authorize the issuance of the RFP. SR/~/RT:sg Attachment