REQUEST FOR PROPOSALS FOR CITY OF ATLANTIC BEACH, FLORIDA SOLID WASTE, YARD WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICES RFP # 21-03 REVISED SPECIFICATIONS V April 7 th , 2021 Sealed Proposals will be accepted by the City of Atlantic Beach, Florida, at the Office of the Procurement Manager, 800 Seminole Road, Atlantic Beach, Florida 32233 until 2:45 PM, Wednesday, March 24, 2021 April 14, 2021 for the Collection and Disposal of Solid Waste, Yard Waste and Recycling in the City of Atlantic Beach, Florida. At this time all Proposals will be publicly opened and the Proposer’s name will be read aloud. Pre-Proposal Conference will be held at 10:00 AM, Tuesday, March 09, 2021 in the City Hall Commission Chambers 800 Seminole Road, Atlantic Beach, FL 32233. **PLEASE NOTE THAT DUE TO COVID-19, THE NUMBER OF ATTENDEES** **WILL BE LIMITED, AND ENTRY WILL BE ON A FIRST COME, FIRST***** **SERVE BASIS**
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REQUEST FOR PROPOSALS
FOR
CITY OF ATLANTIC BEACH, FLORIDA
SOLID WASTE, YARD WASTE AND RECYCLING
COLLECTION AND DISPOSAL SERVICES
RFP # 21-03
REVISED SPECIFICATIONS V April 7th, 2021
Sealed Proposals will be accepted by the City of Atlantic Beach, Florida, at the Office of the
Procurement Manager, 800 Seminole Road, Atlantic Beach, Florida 32233 until
2:45 PM, Wednesday, March 24, 2021
April 14, 2021
for the Collection and Disposal of Solid Waste, Yard Waste and Recycling in the City of Atlantic
Beach, Florida. At this time all Proposals will be publicly opened and the Proposer’s name will be
read aloud.
Pre-Proposal Conference will be held at 10:00 AM, Tuesday, March 09, 2021 in the City
Hall Commission Chambers 800 Seminole Road, Atlantic Beach, FL 32233.
**PLEASE NOTE THAT DUE TO COVID-19, THE NUMBER OF ATTENDEES**
**WILL BE LIMITED, AND ENTRY WILL BE ON A FIRST COME, FIRST*****
Section E: Evaluation Criteria ...............................................................................................59 Section F: Forms ....................................................................................................................61
Section G: Overview of Residential and Commercial Customers .........................................74
Submission Check List ..........................................................................................................75
SECTION A:
OVERVIEW
SECTION A: OVERVIEW
1. PURPOSE
The City of Atlantic Beach (CITY) is seeking proposals from qualified respondents
for the collection and disposal of solid waste, and recycling services, throughout
the city.
This Request for Proposals (RFP) defines the service standards, specifications and
proposal requirements of the comprehensive solid waste, yard waste, and recycling
collection and disposal program for residents and businesses within the city limits of
the City of Atlantic Beach. The goals of the CITY are to:
Provide excellent, proactive customer service at all times to include timely
collection of solid waste and recycling, responsive communication on
customer concerns, speedy resolution to customer concerns, at a fair and
reasonable price.
Provide a comprehensive solid waste and recycling collection program.
Reduce solid waste disposal tonnage by maximizing the fullest
recovery possible of recyclable materials from the CITY’s residential
and commercial customers.
Improve public education of all CITY residents and customers about
recycling services, so as to increase participation and recovery rates.
Reduce tons of yard waste collected by providing educational information.
The respondent shall be responsible for being familiar with local conditions that may
affect cost, permitting, progress, performance or services described in this RFP,
including inspection of the CITY’s boundaries, streets and commercial/office
property locations. The proposer shall be responsible for considering all federal,
state and local laws, statutes, ordinances, and regulations that may affect costs,
permitting, progress, performance or services.
The CITY’s objective is to select proven service methods that apply commercially
demonstrated and environmentally sound collection techniques.
Award shall be made to the respondent whose proposal is deemed to be most advantageous
to the CITY.
2. PROPOSAL DUE DATE: 2:45 P.M., Wednesday March 24 April 14, 2021.
Subject to the terms and conditions specified in this Request for Proposals (RFP),
proposals will be received until 2:45 PM, Wednesday, March 24 April 14, 2021
then opened
publicly at 800 Seminole Rd., Atlantic Beach, FL 32233
RESPONDENTS ARE HIGHLY ENCOURAGED TO ATTEND THE PRE-
PROPOSAL MEETING. This PRE-PROPOSAL MEETING is scheduled 10:00am, March 9, 2021 at the City Hall Commission Chambers, 800 Seminole Rd., Atlantic Beach, FL 32233
3. RFP TIMELINE – Submission Deadline & Opening date has been corrected.
**Deadline for questions has been corrected.**
RFP Issue Date 2/26/2021
RFP Advertised 2/26/2021
Pre-Proposal Meeting 3/09/2021
Deadline for Submitting Questions in Writing 3/18/20214/08/2021 4/05/2021
Submission Deadline 3/24/2021 4/14/2021
RFPs Opened 3/24/2021 4/14/2021
RFPs Evaluated TBD
Recommendation to Commission TBD
Contract Award TBD
4. ELIGIBILITY
To be considered an eligible Proposer, a company and its management team must have
expertise in residential (single-family, duplex, triplex, multifamily dwelling units), and
commercial (business/office units) solid waste collection, disposal and recycling
services under contract to multiple local governments and be able to have the financial
and human resources to provide staff, vehicles and equipment on a continuous basis
throughout the term of the contract. The selected firm must have the capability and
experience necessary to provide, as an exclusive franchise, collection and disposal of
solid waste, yard waste and recycling services to the CITY’s residential (single-family,
duplex, triplex, multifamily dwelling units) and commercial business/office units.
A qualified Proposer is defined as a legal entity authorized to conduct business within
the State of Florida whose management team has five (5) or more years of current or
past directly relatable management experience servicing Florida and South Georgia.
To be eligible, respondents must be able to provide information demonstrating that
they have their management team has a minimum of five (5) years of experience,
and respondent currently serves Florida and South Georgia regular residential
accounts that total seven s i x thousand (7,000)(6,000), and regular commercial
accounts, total at least two thousand (2,000) five hundred (500). Respondents must
include in the submittal a Florida or South Georgia reference city/county contract
name, reference contact name, telephone number, and e-mail address, start and end
dates of the contract(s), and the services provided, and the method of each collection
service.
5. CONTRACT AWARD
The CITY reserves the right to enter into a contract with the selected firm(s) that the
CITY deems to offer the best overall proposal(s). The CITY is therefore not bound to
accept a proposal on the basis of lowest price.
In addition, the CITY, at its sole discretion in the best interest of the CITY, reserves the
right:
To cancel this RFP,
To reject any and all proposals,
To waive any and all informalities and/or irregularities,
To consider any and all other alternatives submitted by proposers
To re-advertise with either the identical or revised specifications
The CITY reserves the right to further negotiate any proposal, including price, with
the highest rated respondent. If an agreement cannot be reached with the highest rated
respondent, the CITY reserves the right to negotiate and recommend award to the
next ranked respondent or subsequent respondents, until an agreement is reached.
The CITY reserves the right to award this contract to one or more firms. In the
event of a multiple award, the CITY may designate a Primary and Secondary
Contractor. The Secondary Contractor will be used if the Primary Contractor is
unable to cope with the demands of the project, or if the standards of performance
are unacceptable to the CITY requirements, or if the contract is terminated for cause
or convenience.
Award will be made only to responsible, licensed contractors possessing the ability to
perform successfully under the terms and conditions of these specifications.
Consideration will be given to such matters as contractor integrity, compliance with
public policy, record of past performance, references, and financial and technical
resources. Contractors submitting bids must be regularly engaged in the trade or trades
relating to the bids submitted.
6. CONTRACT TERM
The resulting unit price contract(s) for continuous services will be for a term of seven (7)
Years
Effective Contract Term Start Date: The effective contract term start date shall
be the date of award by the CITY or the date of the Notice to Proceed, whichever is
later.
Notwithstanding the provisions contained herein, the CITY’s obligations under this
contract shall be subject to annual appropriations as may be approved as part of the
CITY’s annual budget. In the event that the necessary funding is not approved, then
the affected multi-year contract becomes null and void, effective the first day of the
fiscal year for which such approval has been denied.
The City of Atlantic Beach reserves the right to negotiate with the awarded
vendor or to advertise a new solicitation for services.
The services outlined shall commence after the award and contract signing,
immediately upon issuance of Notice to Proceed. A transition scheduling, period and
plan is to be developed with the current contractor providing solid waste collection
services within the city. This will be closely coordinated with the CITY and the
CITY has final approval on the transition scheduling, period, and plan.
7. SUBMITTAL REQUIREMENTS
Submit completed proposal package one (1) original plus six (6) copies and one
(1) CD (or thumb drive) in one sealed envelope. Packages received without the
requested information or quantities may be rejected.
It is incumbent upon the respondent to ensure that all copies of the proposal package
submittals are complete and exact replicas of each other.
Clearly mark the submittal envelope with the RFP number, RFP title and
Respondent name.
It is incumbent upon the respondent to ensure that proposal package submittals are
received by the Purchasing Office on time. Submissions received after the due date
and time will not be considered. Modifications received after the due date and/or
letters of withdrawal received after the due date or after contract award, whichever is
applicable will not be considered.
No verbal interpretations will be made of any documents. Requests for such
interpretations shall be made via email only to [email protected] and
[email protected] no later than 3:00 PM March 18, 2021 April 8th April 5th, 2021.
Interpretation will be in the form of an addendum and will be published on the bid
section of the CITY’s website. Proposal packages can be obtained from
The CITY should be given at least a 180-day notice of cancellation, non-renewal, adverse
change or increase in rates.
11. WAIVER/REJECTION OF PROPOSALS
The CITY reserves the right to waive formalities or informalities in proposals and to reject
any or all proposals or portions of proposals, or to accept any proposals or portions of
proposals deemed to be in the best interest(s) of the CITY or to negotiate or not negotiate
with the respondent.
12. AUTHORIZED OFFER
The person submitting the proposal should indicate the extent of authorization by the
Company to make a valid offer in the proposal summary that may be accepted by the
CITY to form a valid and binding contract.
If the person submitting the proposal is not authorized to submit a proposal that can be
bound by CITY acceptance, such a person should also obtain the signature of an
authorized representative of the insurer, that may result in a bound contract upon the
CITY’s acceptance.
13. USE OF PROPOSAL BY OTHER AGENCIES
It is hereby made a part of this RFP that the submission of any proposal response to
the advertisement request constitutes a proposal made under the same terms and
conditions, for the same contract price, to other governmental agencies if agreeable
by the submitter and the governmental agency.
At the option of the vendor/contractor, the use of the contract resulting from this
solicitation may be extended to other governmental agencies including the State of
Florida, its agencies, political subdivisions, counties and cities.
Each governmental agency allowed by the vendor/contractor to use this contract
shall do so independent of any other governmental entity. Each agency shall be
responsible for its own purchases and shall be liable only for goods or services
ordered, received and accepted. No agency receives any liability by virtue of this
RFP and subsequent contract award.
14. PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit a
proposal on leases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, sub- contractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list. (See attached FORM 2.)
15. CONFLICT OF INTEREST / CONE OF SILENCE
Any lobbying by or on behalf of the respondent may result in rejection/disqualification
of said proposal / bid at the CITY’s sole discretion. Respondents shall refrain from any
communication with City Commission members, CITY Staff, or members of any
Board or Agency of the CITY, regarding this proposal.
DURING THE PERIOD BETWEEN PROPOSAL / BID ADVERTISEMENT DATE
AND THE CONTRACT AWARD, RESPONDENTS, INCLUDING THEIR AGENTS
AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE
THEIR PROPOSAL WITH ANY MEMBER OF THE CITY COMMISSION, CITY
STAFF, OR MEMBERS OF ANY BOARD OR AGENCY OF THE CITY, EXCEPT
UPON THE REQUEST OF THE CITY OF ATLANTIC BEACH PURCHASING
OFFICE IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS,
INTERVIEWS, OR PRESENTATIONS.
This provision is not meant to preclude respondents from discussing other matters with
City Commission, CITY staff or members of any CITY Board or Agency. This policy
is intended to create a level playing field for all potential respondents, assure that
contract decisions are made in public, and to protect the integrity of the RFP / RFQ /
ITB process. Its purpose is to stimulate competition, prevent favoritism and secure the
best work and materials at the lowest practicable price, for the best interests and benefit
of the taxpayers and property owners. Violation of this provision may result in rejection
of the respondent's proposal.
The Cone of Silence shall be imposed on this RFP / RFQ / ITB upon its advertisement
and shall terminate at the time the City Commission and/or City Manager awards the
solicitation. However, if the City Commission and/or the City Manager refers the
recommendation of award back to the CITY staff for further review, the Cone of
Silence shall be re-imposed until such time as the City Council and/or the City Manager
makes a subsequent award for the solicitation.
The Cone of Silence prohibits the following activities:
A. Any communication regarding this RFP / RFQ / ITB between a potential vendor,
service provider, respondent, lobbyist or consultant and the CITY’s professional
staff;
B. Any communication regarding this RFP / RFQ / ITB between the Mayor,
Commission members and any member of any Board or Agency of the CITY;
C. Any communication regarding this RFP / RFQ / ITB between potential vendor,
service provider, respondent, lobbyist or consultant and any member of a selection
or evaluation committee;
D. Any communication regarding this RFP / RFQ / ITB between the Mayor,
Commission members; any member of any Board or Agency of the CITY and the
selection or evaluation committee therefore;
E. Any communication regarding this RFP / RFQ / ITB between any members of the
CITY’s professional staff and any member of the selection or evaluation
committee; and
F. Any communication regarding this RFP / RFQ / ITB between a potential vendor,
service provider, respondent, lobbyist or consultant and the Mayor, Commission
members and any member of any Board or Agency of the CITY.
The Cone of Silence may not apply to:
A. Oral communications at pre-proposal / pre-bid meetings;
B. Oral presentations before selection or evaluation committees;
C. Public presentations made to the City Commission during any duly noticed public
meeting;
D. Written communications regarding a particular RFP, RFQ, or ITB between a
potential vendor, service provider, respondent, bidder, lobbyist or consultant and
the CITY’s Purchasing Agent or CITY employee designated responsible for
administering the procurement process of such RFP, RFQ, or ITB, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document;
E. Duly noticed site visits to determine the competency of bidders/respondents
regarding a particular bid/statement during the time period between the opening of
bids and the time the City Commission and/or City Manager makes the award;
F. Any emergency procurement of goods or services pursuant to
CITY Code;
G. Contract negotiations during any duly noticed public
meeting;
H. Communications to enable CITY staff to seek and obtain industry comment or
perform market research, provided all communications related thereto between a
potential vendor, service provider, respondent, bidder, lobbyist, or consultant and
any member of the CITY’s professional staff including, but not limited to, the City
Manager and his or her staff are in writing or are made at a duly noticed public
meeting. Violation of the Cone of Silence by a particular proposer / bidder or respondent may render
the RFP / RFQ award or bid award to said proposer / bidder or respondent voidable by the City
Commission and/or City Manager at the CITY’s sole discretion.
16. NON-COLLUSION AFFIDAVIT
As part of the solicitation process, Respondents are required to complete a Non-
Collusion Affidavit. This is intended to prevent corruption in the solicitation process
by requiring a declaration from the Respondent that they have not colluded with any
other party in preparation of their proposal. (See attached FORM 3)
17. DISCRIMINATION CLAUSE
An entity or affiliate who has been placed on the discriminatory vendor list may not
submit on a contract to provide goods or services to a public entity, may not submit a
proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit proposals on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, sub-contractor, or
consultant under contract with any public entity, and may not transact business with
any public entity.
18. SAFETY REQUIREMENTS FOR CONTRACTORS PROVIDING SERVICES TO
CITY
A. The CONTRACTOR shall comply with all Federal/State Occupational Safety and
Health Act (OSHA) Standards including 29 CFR 1910 and any other rules and
regulations applicable to construction and maintenance activities in the State of
Florida. The CONTRACTOR shall also comply with Chapter 442, Florida
Statutes (Toxic Substances in the Workplace) and any county or city or any other
agency’s rules and regulations regarding safety. The CONTRACTOR must
employ all possible means to prevent contamination or pollution of air, waterways
and soil.
B. The CITY’s safety personnel or any supervisor or inspector may, but is not required
to, order that the work be stopped if a condition of immediate danger is found to
exist. Nothing contained herein shall be construed to shift responsibility or risk of
loss for injuries or damage sustained as a result of a violation of this Article from
the CONTRACTOR to the CITY; and the CONTRACTOR shall remain solely and
exclusively responsible for compliance with all safety requirements and for the
safety of all persons and property at the project site.
C. The parties hereto expressly agree that the obligation to comply with applicable
safety provisions is a material provision of this contract and a duty of the
CONTRACTOR. The CITY reserves the right to require demonstration of
compliance with the safety provisions of this contract. The parties agree that such
failure is deemed to be a material breach of this agreement; and the
CONTRACTOR agrees that upon such breach, all work pursuant to the contract
shall terminate until demonstration to the CITY that the safety provisions of this
agreement have been complied with. In no event shall action or failure to act on
the part of the CITY be construed as a duty to enforce the safety provisions of this
agreement nor shall it be construed to create liability for the CITY for any act or
failure to act in respect to the safety provisions of this agreement.
19. INSURANCE REQUIREMENTS
A. GENERAL INSURANCE PROVISIONS
Hold Harmless: The CITY shall be held harmless against all claims for bodily injury,
disease, death, personal injury, and damage to property or loss of use resulting
there from, to the extent caused by the CONTRACTOR, unless such claims are
a result of the CITY’s sole negligence.
Payment on Behalf of the CITY: The CONTRACTOR agrees to pay on behalf
of the CITY, the CITY’s legal defense, for all claims described herein.
Such payment on behalf of the CITY shall be in addition to all other legal
remedies available to the CITY and shall not be considered to be the CITY’s
exclusive remedy.
Loss Control/Safety: Precaution shall be exercised at all times by the
CONTRACTOR for the protection of all persons, employees, and property.
The CONTRACTOR shall comply with all laws, regulations and ordinances
related to safety and health, shall make special efforts to detect hazardous
conditions, and shall take prompt action where loss control and safety measures
should reasonably be expected.
B. PROOF OF CARRIAGE OF INSURANCE & NAMING CITY AS
ADDITIONAL INSURED
The CONTRACTOR shall furnish the CITY with satisfactory proof of carriage
of insurance required herein. The CONTRACTOR shall name the City of
Atlantic Beach (CITY) as additional insured on the CONTRACTOR’s, and any
sub-consultant or sub-contractor’s Public Liability, Property Damage and
Comprehensive Automobile Liability Insurance Policies. The additional insured
shall be provided the same coverage as the primary insured for losses arising
from work performed by the CONTRACTOR or its sub-consultants or sub-
contractors. The proof of carriage or a copy of all policies shall be required prior
to commencement of any work under this Contract.
The CITY may order work to be stopped if conditions exist that present
immediate danger to persons or property. The CONTRACTOR acknowledges
that such stoppage will not shift responsibility for any damages from the
CONTRACTOR to the CITY.
C. BASIC COVERAGES REQUIRED:
During the term of this contract, the CONTRACTOR shall procure and maintain the
following-described insurance and/or self-insurance except for coverage’s
specifically waived by the CITY. All policies and insurers must be acceptable to the
CITY.
These insurance requirements shall not limit the liability of the CONTRACTOR.
The CITY does not represent these types or amounts of insurance to be sufficient
or adequate to protect the CONTRACTOR’s interests or liabilities, but are
merely minimums.
All insurers must carry a current A M Best rating of at least A-
Worker's Compensation Coverage is required.
The CONTRACTOR and all subcontractors shall purchase and maintain
worker's compensation insurance for all workers’ compensation obligations
imposed by state law and employer’s liability limits of at least $100,000 each
accident, $100,000 each employee and $500,000 policy limit for disease.
The CONTRACTOR and all subcontractors shall also purchase any other
coverage required by law for the benefit of employees.
General Liability Coverage is required for CONTRACTOR and all
subcontractors.
Commercial General Liability in Occurrence Form.
Coverage A shall include Bodily Injury and Property Damage coverage for
liability claims arising from premises, operations, contractual liability,
independent Contractors, products and complete operations and including but not
limited to coverage for claims resulting from explosion, collapse, or underground
(x, c, u) exposures (if any).
Coverage B shall include personal injury and is required.
Coverage C, medical payments are not required.
Amounts: Bodily Injury: $1,000,000 each occurrence
$1,000,000 Aggregate
Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate
Products and Completed Operations are required for
CONTRACTOR and all subcontractors.
Amount: $1,000,000 aggregate
Business Auto Liability Coverage is required for CONTRACTOR and all
subcontractors.
Business Auto Liability Coverage is to include bodily injury and property damage
arising out of ownership, maintenance or use of any auto, including owned, non-
owned and hired automobiles and employee non-ownership use.
Amounts: Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate
Property Damage:
$1,000,000
Each Occurrence
$1,000,000 Aggregate
Professional Liability is required
Pollution Liability Required of CONTRACTOR and all subcontractors.
The CITY requires Pollution/Environmental Liability insurance covering
cleanup costs including on-site discovery and third party liability, on-site and
off-site third party pollution liability coverage, natural resources damage
coverage.
Limits of Liability: $1,000,000 Each Pollution Event Limit
$1,000,000 Aggregate Policy Limit
Excess or Umbrella Liability Coverage.
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may
be allowed. Whichever type of coverage is provided; it shall not be more
restrictive than the underlying insurance policy coverages.
Limits of Liability: $1,000,000 Each Occurrence
$1,000,000 Aggregate
Claims Made Coverage – No Gap
If any of the required professional or pollution liability insurance is provided
on a “claims made” form, such coverage shall extend for a period of not less
than 36 months following completion of the contract. In the event of
termination of claims made policy, extended coverage may be provided by
assurance that extended discovery coverage of at least 36 months will be
purchased from the expiring insurer, or by assurance that the succeeding
insurer will provide retroactive coverage with an inception date of at least on
or before the effective date of this contract.
D. CERTIFICATES OF INSURANCE OF CONTRACTOR AND ALL
SUBCONTRACTORS
Required insurance shall be documented in Certificates of Insurance which
provide that the CITY shall be notified at least 30 days in advance of
cancellation, non-renewal or adverse change.
New Certificates of Insurance are to be provided to the CITY at least 15
days prior to coverage renewals.
If requested by the CITY, the CONTRACTOR shall furnish complete copies of the
CONTRACTOR's insurance policies, forms and endorsements.
For Commercial General Liability coverage, the CONTRACTOR shall at the
option of the CITY, provide an indication of the amount of claims, payments, or
reserves chargeable to the aggregate amount of liability coverage.
NOTE: Any sub-contractors approved by the CITY shall be required to
provide proof of insurance identical in amounts as required by the contract to
perform related services. All coverages shall name the CITY as “additional
insured”.
Receipt of certificates or other documents of insurance or policies or copies of
policies by the CITY, or by any of its representatives, which indicate less coverage
than required will not constitute a waiver of the successful proposer(s)’ obligation
to fulfill the insurance requirements herein.
20. PERFORMANCE BOND
A. Simultaneously with the delivery of the executed contract to the CITY, a
respondent, to whom a contract has been awarded, must deliver to the CITY an
executed Performance Bond on the prescribed form in an amount of one-hundred
percent (100%) of the total amount of the accepted proposal annual revenue, as
security for the faithful performance of the contract and for the payment of all
persons performing labor or furnishing materials or equipment in connection
therewith. The Performance Bond shall have as the surety thereon only such surety
company or companies as are authorized to write bonds of such character and
amount under the laws of the State of Florida and with a resident agent in the
county in which the project is located. The Attorney-in-Fact or other officer who
signs the Performance Bond for a surety company must file with such bond a
certified copy of his Power- of-Attorney authorizing him to do so.
B. The Performance Bond shall remain in force for one (1) year from the date of final
acceptance of the work (termination of the franchise contract) as a protection to the
CITY against losses resulting from latent defects in materials or improper
performance of work under contract, which may appear or be discovered during
that period (See attached FORM 4.), and must be in the amount of 100% of the annual revenue, but must not be less than $250,000, asp per Section 7, Item E; Guarantees of Performance.
21. BANKRUPTCY
No firm will be issued a contract for the work, which has filed bankruptcy in the past
seven (7) years.
22. WARRANTY
A CONTRACTOR statement warranting material and labor for a minimum of one year
(365 calendar days) shall be issued to the CITY following the CITY’s acceptance of each
renovation as being complete and just prior to issuance of final payment.
The end of the warranty period shall be subject to the performance of a joint warranty
inspection by the CITY and the CONTRACTOR. The warranty period shall be
automatically extended beyond the 365-day period until this joint inspection is
accomplished. The CONTRACTOR shall be responsible for scheduling this joint
inspection with the CITY.
If warranty issues are discovered during the joint inspection, then warranty period
remains in effect during corrections and subsequent warranty assurance period.
23. NONEXCLUSIVE
Notwithstanding the contract resulting from this RFP, the CITY reserves the right to
follow its normal purchasing procedures at any time to procure additional services for
any of the types of work noted in this RFP.
24. DRUG FREE WORKPLACE COMPLIANCE FORM
Attached is a Drug Free Workplace Compliance Form. All submitted proposals must
include this form executed by the proper representative of your company. (See attached
FORM 2).
25. INDEMNIFICATION
The firm, without exception, shall indemnify and hold harmless the CITY, its officers,
agents, and employees from any and all liability of any nature and kind including costs
and expenses for, or on account of, any copyrighted materials, patented or unpatented
invention processes, or article manufactured or used in relation to this RFP. If the firm
uses any design, device, or material covered by letters-of-patent or copyright, it is
mutually agreed and understood, without exception, that the fees charged by the firm
shall include all royalties or costs arising from the use of such design, device, or material.
26. PROPOSAL IS NOT A BID
This Request for Proposal is not to be considered a bid. The CITY will evaluate responses
based on the criteria set forth in this RFP. The evaluation process is to consider all
requested criteria to determine which firm is the most highly qualified to perform the
required services.
27. PROPOSAL BOND
A Proposal Bond, properly executed by the Proposer and by a qualified surety company
with an A, Class 9 or higher financial rating, as shown in Best's Key Rating Guide, or
a Certified or Cashier's check on any National or State Bank, in the sum of not less than
ten percent (10%) of the proposal revenue for the first year of the contract, made payable
to the City of Atlantic Beach, shall accompany each proposal as a guarantee that the
Proposer will not withdraw from the competition after opening of the Proposals, for a
period of ninety (90) days, and in the event the contract is awarded to the Proposer,
contractor will then enter into a contract and furnish the required guarantees of
performance, at which time all Proposal Bond deposits will be returned, failing which,
contractor shall forfeit the deposit as liquidated damages. All unsuccessful Proposers will
be refunded their Proposal deposits or Proposal Bonds after the award has been made.
SECTION C:
CONTRACT
19
SECTION C: CONTRACT
CONTRACT
THIS AGREEMENT, made and entered into this day of , 2021, by and
between the City of Atlantic Beach, Duval County, Florida, hereinafter referred to as “the City”
and , hereinafter referred to as “the Contractor”.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and considerations
contained herein, the City and the Contractor hereby agree as hereinafter set forth:
SECTION 1 - DEFINITIONS
For the purposes of this solicitation, the following terms, phrases, words and their derivation shall
have the meaning given therein. The word “shall” is always mandatory and not merely directive.
The following definitions are supplemental to those listed in Chapter 16 – Solid Waste and
Recycling – of the CITY Code, as may be updated from time- to-time.
A. CITY shall mean the City of Atlantic Beach, Florida, a municipal corporation, acting
through the City Commission or City Manager, or official designated by the City Manager
as the case may be.
B. CITY MANAGER SHALL MEAN THE City Manager or his or her designee, and
PUBLIC WORKS DIRECTOR shall mean Public Works Director or his or her designee.
C. CONTRACTOR shall mean the provider of services solicited in this RFP, and any and all
of its authorized management and operating representatives.
D. BULKY WASTE shall mean large discarded items generated from residences and
commercial businesses within the City, such as pallets, furniture, refrigerators, stoves and
other household appliances.
E. COMMERCIAL RECYCLING COLLECTION refers to collection, transportation, and
recovery of recyclable materials by a Contractor from participating commercial units in the
recycling service area. This does not include commercial recycling, which will be
accomplished on an open market basis per existing City, County and State ordinances.
F. COMMERCIAL CART PICKUP shall mean garbage and trash collection service to
commercial customers utilizing CARTS (96 gallon maximum) one (1) time per week.
G. COMMERCIAL TRASH shall mean any and all accumulations of paper, rags, excelsior,
wooden, paper or cardboard boxes or containers of sweepings, and any other accumulations
not included under the definition of garbage, generated by the operation of stores, offices
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and other business places. Commercial trash shall include furniture, appliances, car parts,
and all other accumulations not included with the definition of garbage. Commercial trash
shall also include all trash placed in public receptacles, on public streets, in parks and
playgrounds, and in other public places.
H. COMMERCIAL UNIT shall mean all units (including City-owned property and
buildings) other than those described in V(a), V(b).
I. CONSTRUCTION AND DEMOLITION DEBRIS means discarded materials generally
considered to be not water-soluble and nonhazardous in nature, including, but not limited
to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a structure as part of a construction or
demolition project or from the renovation of a structure, and including rocks, soils, tree
remains, trees, and other vegetative matter that normally results from land clearing or land
development operations for a construction project, including such debris from construction
of structures at a site remote from construction or demolition project site. Mixing of
construction and demolition debris from other types of solid waste will cause it to be
classified as than construction or demolition debris. The term also includes:
a. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project
b. Effective January 1, 1997, except as provided in 2s. 403.707(13)(j), unpainted, non-
treated wood scraps from facilities manufacturing materials used for construction
of structures or their components and unpainted, non-treated wood pallets provided
the wood scraps and pallets are separated from other solid waste where generated
and the generator of such wood scraps or pallets implements reasonable practices
of the generating industry to minimize the commingling of wood scraps or pallets
with other solid waste, and
c. De Minimis amounts of other nonhazardous wastes that are generated at
construction of destruction projects, provided such amounts are consistent with best
management practices of the industry.
J. CONTAINERS EMPTIED BY MECHANICAL MEANS shall mean front-end load
dumpsters, roll-off containers, etc. It shall not include toters emptied using automated or
semi-automated truck mounted equipment.
K. DESIGNATED RECOVERY FACILITY shall mean the recycling/processing center(s)
specifically agreed upon by the Contractor and the City for the recovery of recyclable
materials.
L. EXCLUDED WASTE shall mean any and all debris and waste products generated by land
clearing, building construction or alteration and hauled away by the respective contractor
(except do-it-yourself projects); public works type construction projects whether
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performed by a governmental unit or by a contractor; waste produced by governmental
agencies other than the City of Atlantic Beach; materials deemed by the Public Works
Director to be hazardous waste and items not allowed at the County landfill or other
approved landfill. Yard waste produced by landscape maintenance contractors which is
hauled away by the contractor is also considered excluded waste. Any automotive parts
which contain petroleum components, automotive engines, transmissions, frames or
bodies.
M. GARBAGE shall include and mean all accumulations of animal, fruit or vegetable matter
that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl,
fruit, vegetables, and any other matter, of any nature whatsoever which is subject to decay,
putrefaction and the generation of noxious and offensive gases or odors, or which, during
and after decay, may serve as breeding or feeding material for flies and/or other germ-
carrying insects; bottles, cans, or other food containers which, due to their ability to retain
water, may serve as a breeding place for mosquitoes or other water-breeding insects, and
does not include recyclables.
N. HOUSEHOLD TRASH shall mean any and all accumulations of waste material from the
operation of a home, which is not included within the definition of garbage. Household
trash shall include all bulky wastes, yard toys, and building material waste from residential
type do-it-yourself projects, but does not include vegetative matter.
O. MULTI-FAMILY DWELLING UNITS shall mean any building containing more than
four permanent living units, utilizing mechanically emptied containerized collection.
P. NEIGHBORING COMMUNITY shall mean municipalities within Duval County
contiguous to either the City of Atlantic Beach, Intra-coastal waterway or the Atlantic
Ocean.
Q. PERFORMANCE BOND shall mean the form of security approved by the City and
furnished by the Contractor, as a guarantee that the Contractor will execute the work in
accordance with the terms of the contract and will pay all lawful claims.
R. RECOVERED MATERIALS means metal, paper, cardboard, glass, plastic, textile, or
rubber materials that have known recycling potential, can be feasibly recycled, and have
been diverted and source separated or have been removed from the solid waste stream for
sale, use, or reuse as raw materials, whether or not the materials require subsequent
processing or separation from each other, but does not include materials destined for any
use that constitutes disposal. Recovered materials as described above are not solid waste.
S. RECYCLABLE MATERIALS shall mean fiber (newspaper, magazines, cardboard,
boxboard, brown paper bags, telephone books, catalogues, office paper, etc.), aluminum
and metal beverage and food cans, all colors of glass bottles/jars, and plastic bottles coded
1 through 6, at the bottom, which previously held liquid (no automotive, or toxic chemical
bottles), and such other materials as mutually agreed upon in writing by the Contractor and
the Contract Administrator during the term of this Agreement.
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T. RECYCLING SERVICE AREA shall mean the entire area within the City limits as may
be amended from time to time as a result of annexations into the City.
U. REFUSE shall include and mean all garbage, dead animals, vegetative garden and yard
trash, bulky wastes, household trash, commercial trash, and construction and demolition
debris.
V. RESIDENTIAL CURBSIDE COLLECTION refers to collection, transportation, and
recovery of garbage, vegetative garden and yard trash, bulk items and recyclable materials
by the Contractor from participating residential units in the entire area within the City limits
and as amended from time to time.
W. RESIDENTIAL RECYCLING CONTAINERS or CARTS shall mean a rollout
receptacle purchased and distributed by the Contractor on behalf of the City for the
intended use as a receptacle of recyclable materials. Design and colors to be approved by
City.
X. RESIDENTIAL UNIT shall mean one single family dwelling or one living unit or a multi-
family dwelling of four (4) units or less and mobile home parks utilizing toter container
collection.
Y. MULTI-FAMILY RESIDENTIAL shall mean multiple family dwelling buildings
utilizing mechanically emptied containers.
Z. SOURCE SEPARATED means the recovered materials are separated from solid waste
where the recovered materials and solid waste are generated. The term does not require
that various types of recovered materials be separated from each other and recognizes de
Minimis solid waste, in accordance with industry standards and practices, may be included
in the recovered materials.
AA. SURETY shall mean the party who is bound with and for the Contractor to insure the
payment of all lawful debts pertaining to and for the acceptable performance of the
contract.
BB. TOTER or CART shall mean wheel-mounted plastic or galvanized metal cans or carts
with attached tight fitting lids designed for the accumulation and storage of solid waste or
recyclables in preparation of collection services. Sizes of such carts range from 64 and 96
gallons.
CC. TRASH, unless specifically provided to the contrary, the term trash shall include and
mean commercial trash, household trash, and garden and yard trash as defined below.
DD. VEGETATIVE GARDEN AND YARD TRASH shall mean any and all accumulations
of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps, and other similar
items generated by the homeowner’s maintenance of lawns, shrubs, gardens and trees.
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SECTION 2 - SCOPE OF WORK
It is the intent of this contract to provide for the total collection of all refuse in the City of
Atlantic Beach, Florida, with the exception of exclusions, which are specifically listed herein.
A. RESIDENTIAL UNITS (Single, Duplex, Multi-Family Dwelling
Units of four (4) units or less utilizing Cart Collection)
1. GARBAGE, HOUSEHOLD TRASH and RESIDENTIAL RECYCLING
a) WHEN: The contractor will collect garbage and trash from places of residence
once per week, with the City divided into five zones for daily collection purposes.
All pickups (household trash, yard waste and recycling) will be made on the same
day of the week, using separate vehicles. Bulk items, such as household furniture
and white goods (appliances), shall be removed by the Contractor within 48 hours
from being set out, unless the item is set out on Tuesday or Friday, then the
response will occur on the following collection day. It shall be the responsibility
of the garbage and trash route driver to note bulk items that are set out and
immediately radio in the item to be picked up to the Contractor’s dispatcher. The
collection shall then be scheduled as stated above. It will be the responsibility of
the Contractor to monitor and keep accurate records of all bulk items by quantity,
weight and type of appliances (e.g., refrigerators, stoves, etc.) and submit a report
monthly to the Public Works Director of quantity and weight for such bulk items
collected. Appliances must be picked up on Tuesdays and Fridays. Residential
collection shall normally occur on Monday through Friday between the hours of
7:00 AM and 7:00 PM, inclusive. Any extension of collection hours must be
authorized in writing or electronically in advance by the Public Works Director.
For Holidays listed in Section 4.F, pickups on the holiday and subsequent days
of that week will slide one day later. If weekend collection is needed following
a holiday or other circumstances, collection shall not begin earlier than eight
o’clock (8:00) a.m. and shall cease no later than seven o’clock 7:00) p.m. Normal
routes are not to be scheduled on Saturday or Sunday.
Should the County close the landfill in honor of holidays, the Contractor shall
not be required to collect on that day. The Contractor then would collect on the
following day, excluding Sunday. Customers under this contract shall receive
reasonable notification, as approved by the Public Works Director, of the
schedules provided by the Contractor prior to commencement of service.
b) QUANTITY: The Contractor shall be required to pick up all garbage and
household trash placed within or near the collection Carts generated by a
residential unit. All vegetative garden and yard trash shall be picked up except
for units with approved exemptions, per City ordinance.
c) WHERE: Complete garbage and refuse collection service is hereby provided for
in this contract. Collections of garbage shall be made from the curbside or within
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5 feet of edge of pavement of the residential unit with the exception of
handicapped or elderly where special arrangements will be made for backdoor or
side yard pickup upon receipt of proper written notice to the service provider or
Public Works Director from a medical doctor (on a form provided by the
contractor). Household trash and bulk items, such as household furniture and
appliances, shall be placed at the curbside.
d) HOW: The Contractor shall make collections with a minimum of noise and
disturbance to the residents. Garbage receptacles shall be handled carefully by
the Contractor and shall be thoroughly emptied and left in an upright position
with the Cart lids closed in a location where they are found within 5 feet of the
edge of the pavement. Refuse may be transferred from the residents’ Carts into
tubs, cans, hampers, or other containers used by the Contractor in carrying refuse
to collection trucks. This work shall be done in a sanitary manner. The
Contractor’s employees shall pick up all garbage or trash spilled by the collector
immediately. Any item not collected by the contractor will require the contractor
to place a Contractor provided written notice either on the Cart or a door hanger
notice as to the reason(s) such items were not collected. The contractor will be
required to deliver to the Public Works Director on the same day as given a copy
of such notice which will include the address of such location. The Contractor
will submit a copy of the notices to the City electronically, using an approved
web- based tracking system (currently Trac-EZ). Any change from the current
system must be approved in advance by the Public Works Director.
e) Carts and Residential Recycling Carts: The Contractor shall provide a single Cart
(up to 96 gallon) for collection of household garbage. The Carts are to be
embossed with the City of Atlantic Beach Logo and supplied by the Contractor
at his expense. (See Section 17) The Contractor shall also provide to Residential
Units one (1) sixty-five (65) gallon Residential Recycling Cart.
i. Residents may request and receive an additional garbage Cart by
application through the City’s Finance Department.
f) The Contractor shall collect and dispose of automobile tires and automotive
batteries from residential customers, at no additional charge, in accordance with
state and federal disposal requirements; provided, however, that the Contractor
may impose an additional charge, with prior approval of the Public Works
Director and prior notice to the customer, if the following annual maximums are
exceeded by any residential customer: eight (8) automobile tires two (2)
automotive batteries.
g) Monitoring of service will be performed by the Public Works Director.
2. VEGETATIVE GARDEN AND YARD TRASH
a) WHEN: The Contractor shall collect garden and yard trash from places of
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residence as specified in the routes accepted by the City from the Contractor.
b) QUANTITY: The Contractor shall be required to pick up all vegetative garden
and yard trash generated by a residential unit, up to a cumulative amount of five
(5) cubic yards weekly. The Contractor shall inform the owners of residential
units that items such as tree limbs, tree trunks, palm fronds, etc., shall be cut in
lengths of no greater than five (5) feet, and the item’s diameter six (6) inches or
less. No single item can exceed forty (40) pounds.
This does not include land clearing operation or preparation for construction or
removal of trees or tree trimming by a landscaping contractor or tree surgeon
which shall be properly disposed of by the landscape contractor. For items
exceeding 40 pounds or diameters greater than 6 inches, or amounts exceeding
five (5) cubic yards, a special pick up may be required and the Contractor may
levy a reasonable service charge, which is to be agreed to by the customer and
Contractor. The Public Works Director shall referee in the event of a dispute
regarding the special pick up charge. The Contractor is to provide a schedule of
standard charges to the City for the special pick up service annually, no later than
the anniversary date of this Contract. If a resident has more than 5 cubic yards
curbside, the Contractor will collect at least 5 cubic yards and tag the remainder
to notify resident of option to wait for pickup the following week or to call and
request a special pickup.
c) WHERE: Garden and yard trash shall be collected from the front of the premises
within five (5) feet of the curb or roadway (curbside). On streets where no
parkways or lawn areas near the street are available for placement of trash, the
owner or occupant shall place trash adjacent to the driveway, but not further than
five (5) feet from the street, and not in the street.
d) HOW: The Contractor shall make collections with a minimum amount of noise
and disturbance to the residents. Reusable containers shall be handled carefully
and shall be thoroughly emptied and left in an inverted position where they were
found. Boxes and bags of garden and yard trash shall be collected and any
spillage picked up immediately by the Contractor. Loose piles of garden and yard
trash shall be collected with pitch forks or other tools as needed, except for grass
clippings, leaves, pine needles, etc. which must be containerized. Any loose
waste dragged into the street as a result of the Contractor’s collection efforts must
be cleaned up before completion of the day’s route. It will be a requirement is
preferred that a “cherry picker” truck will be available to the City at all times, to
be in the City within four (4) hours of call but is not required. Contractor may
deliver all garden and yard trash collected by Contractor to a disposal or other
processing facility as determined by the Contractor in its sole discretion, unless
there will be additional cost to the City. Regardless, the City will not be
responsible for any additional cost for disposal.
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3. MULTI-FAMILY UNITS-CONTAINERS BY MECHANICAL MEANS
Multiple family dwelling units not using Cart containers shall be required to use
containers emptied by mechanical means and shall be considered Commercial Units
except for collection of recyclable materials for which the above would be considered
residential.
B. COMMERCIAL UNITS
Commercial customers shall be identified as, but not limited to, all office buildings, stores, filling
stations, lodges, motels, laundries, hotels, all public buildings, food services, lodging
establishments, service establishments, light industry, schools, churches, clubs, hospitals, nursing
homes, and apartment buildings using mechanically emptied containerized collection or
commercial Cart collection.
1. WHEN: Refuse shall be collected not less than twice per week, unless approved in
writing for a specific location by the Public Works Director, and at a greater frequency
if required to protect the public health and safety. Collection service for customers using
containers emptied by mechanical means and commercial Cart collection will be
available for two days per week, and the frequency of service will be as mutually agreed
upon by the customer and the Contractor. The Public Works Director must approve
requests for frequency of service less than two times per week. Bulk items such as
furniture and appliances shall be removed by the Contractor within 48 hours from being
set out unless the item is set out on Friday, then the response will occur on the following
collection day. It shall be the responsibility of the garbage and trash route driver to note
bulk items that are set out and immediately radio in the item to be picked up to the
Contractor’s dispatcher. The pickup shall be scheduled as stated above. Collection shall
begin no earlier than seven o’clock (7:00) a.m. weekdays and no earlier than eight
o’clock (8:00) a.m. Saturdays and shall cease no later than seven o’clock (7:00) p.m.
weekdays and Saturdays, unless authorized in writing or electronically in advance by the
Public Works Director.
2. QUANTITY: All refuse generated at commercial and industrial establishments shall be
collected except for excluded wastes and recyclable material collection. The commercial
frontloader will not share garbage from any city/customer outside of Atlantic Beach.
Commercial and industrial estab1ishments may contract for recyclable material
collection independent of this contract in accordance with State statutes, City of Atlantic
Beach Ordinances or the Duval County Commercial Recycling Ordinance, as adopted or
as may be amended from time to time. Collection of commercial yard waste is optional
as landscape maintenance contractors may transport and dispose of generated
commercial yard waste thereby considered excluded waste.
3. WHERE: It is the duty of the owners/operators of such establishments to accumulate
refuse in locations mutually agreed upon by the owners/operators and the Contractor,
and which are convenient for collection by the Contractor. Where mutual agreement is
27
not reached, the Public Works Director (or his or her designated agent) shall designate
the location consistent with the ordinances and requirements of the City of Atlantic
Beach.
4. HOW: The Contractor shall make collections with as little disturbance as possible to
business and commercial establishments. This work shall be done in a sanitary manner
and the Contractor’s employees shall pick up any refuse spilled by the collector
immediately. The Contractor shall be responsible for returning the container to the
enclosure, closing the container doors and lids, and the screened enclosure doors or gates.
Only for those customers requiring solid waste collection services twice a week or more,
it will be a requirement of the contractor to properly spray the container each time it is
emptied with a sanitizing spray from the collection vehicle (containers emptied by
mechanical means only). In the event unsanitary conditions such as continually
overflowing containers or otherwise inappropriately placed materials are encountered by
the collection vehicle driver, it shall be his or her responsibility to immediately radio the
condition to the Contractor’s dispatcher who will in turn immediately notify the Public
Works Director. It shall be the responsibility of the collection vehicle driver to
immediately radio in any damage caused by his or her operation to the enclosure or gates
thereto to the Supervisor or Contractor’s dispatcher who will arrange for repairs at the
Contractor’s expense and immediately notify the Public Works Director.
5. CONTAINERS: Commercial and industrial establishments may use any of the following
containers for accumulation of refuse:
a) Refuse containers (Carts) as defined in this contract.
b) Containers emptied by mechanical means.
c) Dumpster containers shall be made available to commercial customers in 96-
gallon Carts, or containers with 2, 4, 6, 8, and 10 cubic yard capacities. Service
to commercial customers shall be provided with the same size containers
currently in use and with the same frequency of pick up unless otherwise
approved by the Public Works Director. If requested by the customer, the
Contractor will provide a change of container size one (1) time per year at no
charge to the customer. Any additional changes of size of container requested by
the customer, the Contractor may charge a $50.00 change of service fee.
d) Compacted containers – Roll off containers or VIP Compactor (FEL) containers.
C. RECYCING
1. RECYCLABLE MATERIALS COLLECTION AND DISPOSAL: The services to be
performed under this Agreement by the Contractor consists of curbside residential and
multi-family residential collection of all recyclable materials, and collection of all
recyclable materials from City owned locations in the recycling service area,
transportation, and recovery of said recyclable materials to a disposal or other processing
28
facility as directed by the City, or, if no market is available, to an approved landfill,
mutually agreed to by the Contractor and the City. The Contractor shall perform such
services as are required to provide a complete recyclable materials program.
2. PROPOSED_SCHEDULE OF COLLECTION OF RECYCLABLES AND
DESCRIPTION OF THE WORK: The Contractor shall collect all recyclable material
set out for the purpose of recycling from all residential units. The collection of curbside
residential recyclables shall be conducted using one Residential Recycling Cart, furnished
by the Contractor.
3. FREQUENCY OF COLLECTION: Recyclable materials will be collected one time per
week, in a commingled state (single stream) and on the same day as garbage and yard waste
collection. Residential Recycling Carts shall be left in the position where they are found,
with lids closed, behind the curb or within five (5) feet of the edge of pavement.
4. HOURS OF COLLECTION: Collection shall begin no earlier than seven o’clock (7:00)
a.m. and shall cease no later than seven o’clock (7:00) p.m. weekdays, unless approved in
writing or electronically in advance by the Public Works Director. If weekend collection is
needed following a holiday or other circumstances, collection shall not begin earlier than
eight o’clock (8:00) a.m. and shall cease no later than seven o’clock 7:00) p.m. 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 Public Works Director or designee.
5. POINT OF PICKUP OF RECYCLABLE MATERIALS: Residential collection of
residential recyclable materials shall be at curbside. Multi-family recyclable materials shall
be picked up at a location adjacent to the regular refuse, or other such locations as will
provide ready accessibility to the Contractor’s collection crew and vehicle. In the event an
appropriate location cannot be agreed upon, the Public Works Director shall designate the
location. As with regular residential garbage collection, handicapped residents will be
accommodated at no additional fee.
6. RECEPTACLES: The Contractor shall pick up all recyclable materials which have been
properly prepared for collection, placed in Residential Recycling Carts and set at the
appropriate location.
Each residence within the service area will be provided with one Residential Recycling
Cart embossed with the City Recycling Logo at the Contractor’s expense. The Contractor
will maintain an adequate supply of Residential Recycling Carts.
Multi-family residential complexes utilizing mechanically emptied containers will utilize
the Residential Recycling Carts. The Residential Recycling Carts are to be supplied by the
Contractor at his or her expense.
7. METHOD OF COLLECTION OF RECYCLABLE MATERIALS: The Contractor
shall make collections with a minimum amount of noise and disturbance to the residents
and commercial customers. The Contractor shall handle Residential Recycling Carts with
29
reasonable care and return them to the approximate location from which they were
collected. Any recyclable materials spilled by the Contractor shall be picked up
immediately. Residential Recycling Carts shall be thoroughly emptied and left upright with
lids closed at the point of collection. The Contractor and the City shall mutually develop a
procedure for handling placement of incorrect material in Residential Recycling Carts by
residents. At a minimum, the Contractor shall leave the incorrect materials in the recycling
bin along with a Contractor provided notice describing the proper materials and reason(s)
items have not been collected. The Contractor will be required to place such notice either
within the Residential Recycling Carts or place a door hanger notice at the residence. The
contractor will be required to deliver to the Public Works Director a copy of the notice
including the reason(s) items have not been collected and the address of the residence. This
is to be done on the same day the notice is given to the residence. The copy of the notice
may be sent electronically to the City, using the web-based system (Trac-EZ).
For multi-family residential units, the Contractor shall transport the individual Residential
Recycling Carts from the storage location, empty into the truck by source, and return to
their original location.
8. SCHEDULES AND ROUTES: Recyclable materials collection shall be made to
residential units on the same day in which garbage is collected. Therefore, schedules and
routes shall match the schedules and routes for solid waste collection, except that the Public
Works Director or designee is authorized to modify, extend or suspend schedules in the
event of natural disaster, health hazard or any other state of emergency requiring such
action.
9. MONITORING RECORDS: The Contractor shall be responsible for maintaining
information and records adequate to determine participation rates and weekly set-out rates
by percent for each material, volume of solid waste diverted from landfill by percent,
weight by material of items recycled, neighborhoods above or below average participation
and other information required by the City, County or the State of Florida necessary to
meet the requirements of the Solid Waste Management Act. The Contractor shall furnish
quarterly reports to the City containing the required information with an annual summary
report, which will be due to the City within sixty (60) days after the anniversary date of
this contract. Reports shall be on forms and in a format approved by the City.
10. MARKETING OF RECYCLABLE MATERIALS: The Contractor and the City shall
cooperate to develop markets for recyclable materials. To the extent possible, based on
availability, capacity and market prices, the Contractor may market the recyclable materials
through local business operations in Duval County. At a minimum, the Contractor will
provide for taking, marketing or storing of recyclables at the disposal or other processing
facility as directed by the City.
11. Intentionally Omitted.
12. CHARGES FOR DISPOSAL OF RECYCLABLE MATERIAL: In the event that
recyclable materials are not saleable and must be disposed of at a disposal facility, the
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Contractor will not charge the City for the number of tons of material so disposed.
13. PROMOTION-PUBLIC RELATIONS AND EDUCATION: The Contractor will be
responsible for all costs associated with the promotion of the recycling program, with this
financial responsibility capped at $10,000 per each seven (7) year contract term. The
City and Contractor will cooperate with the design and production of promotional events,
educational programs, and promotional materials such as advertising (digital, television or
print), mailers, flyers and/or door hangers for distribution. The Contractor further agrees
to conduct presentations for civic groups, homeowner associations, and other appropriate
citizens groups as deemed appropriate by the City.
14. COLLECTION VEHICLES: The Contractor shall have on hand at all times and in good
working order such equipment as shall permit the Contractor to adequately and efficiently
perform the contractual duties. Equipment shall be obtained from nationally known and
recognized manufacturers of garbage, yard waste and recycling collection equipment and
shall be kept in good repair, appearance, and in sanitary and clean condition at all times.
Collection vehicles shall be designed or modified for recyclables and shall be identified as
Recyclable Collection Vehicles Serving the City of Atlantic Beach. Prior to purchasing
equipment it shall be the responsibility of the Contractor to determine the available space,
turning radius, ceiling heights, etc. of the likely buyers or processors of the recyclable
materials. Replacement and additional vehicles shall be comparable equipment unless
otherwise agreed by the City. Such reserve equipment shall correspond in size and capacity
to the equipment used by the Contractor to perform the contractual duties. See Section 8,
Paragraph A, Page 42.
15. RESIDENTIAL RECYCLING CONTAINERS: One (1) sixty-five (65) gallon
Residential Recycling Container will be provided by the Contractor to each Residential
Unit, including Multi-family units of 4 or less dwellings.
D. PARKS, PICNIC AREAS, PROPERTY OWNED, LEASED, RENTED AND
CONTROLLED BY THE CITY OF ATLANTIC BEACH – (EXHIBIT B)
The Contractor shall empty all refuse Carts used by the general public in any of the areas or places
named in the above caption. The schedule may be amended during the term of the contract upon
the direction of the Public Works Director. The City shall have the right to use regular commercial
type trash containers, Carts or cans, with covers. Servicing of these facilities shall be performed
by the contractor and billed to the City at the proposed rates within the pricing submittal by the
contractor attached to this contract as Exhibit “B“.
E. MISCELLANEOUS
1. On days Contractor is scheduled in the City the Contractor shall pick up dead fowl, reptile,
animals, fish, etc. from public right-of-way, playgrounds, and all City owned property
within two (2) hours after notification by the Public Works Director, his or her designee,
or the Police Department.
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2. VACANT LOTS: The Contractor shall collect trash from normal maintenance of vacant
lots in the same manner as the collection from residences, except the Contractor will only
be responsible for the weekly collection of up to and including; See SECTION 2 Scope of
Work, # 2 Garden and Yard Trash, paragraph (b).
3. The Contractor shall be responsible for the collection and proper disposal of all used tires
improperly deposited on City right-of-ways and collected at the Public Works Complex at
no expense to the City.
F. CHANGE IN COST OF DOING BUSINESS
The fees or compensation payable to the Contractor may be adjusted upward or downward by an
appropriate Consumer Price Index (CPI) Collection Adjustment applied only to the Collection
Component of the fee rate(s) no more than once a contract year upon written request of the City or
the Contractor at least 90 days before the end of the contract year. The fuel adjustment portion of
the CPI will be applied as noted in paragraph H below. If a rate adjustment is not requested within
the time frame above, the rate adjustment for that particular 12 month period shall be deemed
waived and shall not be taken into consideration in the future rate adjustments. Under no
circumstances will the collection component be adjusted to be less than the initial collection
component rate set forth in the Agreement.
G. UNUSUAL CHANGES OR COSTS
The Contractor or the City may petition on June 1 of each calendar year during the term of this
contract for rate adjustments at reasonable times on the basis of unusual changes in the
Contractor’s cost of doing business, such as revised laws, ordinances, or regulations, changes in
location of disposal sites or changes in disposal charges. Disposal charges for residential (and
commercial) waste are a part of this Contract and are included in the total rate charged to the City.
The Contractor’s rate charged to the City will be segmented into collection, fuel and disposal
components for purposes of identifying these costs separately. In the event of a major change in
method or location of waste disposal (e.g., construction of a waste transfer station that substantially
alters the trip length for collected waste disposal), the City and Contractor will renegotiate both
commercial and residential rates, as necessary to reflect changes in the Contractor’s cost of doing
business.
H. FUEL ADJUSTMENT COMPONENT
During the term of this contract, the City shall adjust payments to the contractor on a semi-annual
basis for either increase or decrease for the fuel cost to the contractor for providing the service to
the City as per the contract. If the adjusted fuel rate decreases to below the original contracted fuel rate,
the original negotiated fuel rate will prevail. The fuel adjustment component (FAC) shall be adjusted
on the second quarter after the start date of the contract with the base of fuel pricing being set at ten
(10%) percent above the fuel pricing as per “On Highway Retail Diesel Price” Lower Atlantic
Region, U. S. Department of Energy, Energy Information Administration published on the
Internet at: http://www.eia.doe.gov/oil_gas/petroleum/info_glance/petroleum.html at the start
date of this contract and semi-annually thereafter. This fuel adjustment component will not
be considered within the CPI adjustment in paragraph F above.
1. Should the Contractor fail to perform in accordance with the provisions
of this contract and/or refuse to pay administrative charges/liquidated
damages upon receipt of invoice from the City, the City shall, in addition
to the amounts provided in other provisions of this contract, be entitled
to claim against the performance bond of the Contractor as provided in
Section 7-E, or deduct from the next regularly scheduled payment to
Contractor. If liquidated damages are to be imposed it will do so no later than
fifteen (15) days after the event, and the following amounts, not as a penalty,
but as administrative charges/liquidated damages for such breach of
contract in accordance with the following schedule:
Liquidated Damages Listing
Description – Amount Assessed
A.
Failure to collect missed customers by 7:00 P.M. the same day when given notice before noon, or by 12:00 noon the following day when given notice between 12:00 noon and 5:00 P.M.
$100 per incident, a maximum of $500 per truck per day
B.
Legitimate complaints over twenty (20) in a single month.
$100 per incident, including the first twenty (20)
C.
Collection of commercial, residential solid waste and/or recyclables before 7:00 A.M. or after 7:00 P.M.
Exceptions stated in Section 2, “C. Recycling #4”
$100 per incident
D.
Failure to clean spillage caused from residential or commercial route vehicles leaking from collected garbage. See
Section 8, EQUIPMENT, D. Operation
$150 per incident
E.
Failure to replace damaged Cart within five (5) days; twenty-four hours for residential
$100 per incident
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Liquidated Damages Listing (continued)
Description – Amount Assessed
F.
Failure to handle waste receptacles carefully, thoroughly empty and return Carts or garbage receptacles to original
location as per agreement
$250 per incident
G.
Failure to repair damage to customer’s property within seven (7) days
$200 per incident
H.
Failure to provide clean, safe and sanitary equipment at beginning of each work schedule
$500 per incident
I.
Failure to maintain office hours as required
$200 per incident
J.
Equipment operator not properly licensed
$500 per incident
K.
Failure to provide documents and reports in a timely and accurate manner as per agreement
$100 per incident
L.
Failure to cover materials, if appropriate, on all collection vehicles
$100 per incident
M.
Name and phone number not displayed on all equipment (Carts excluded, Name and number on dumpsters and
trucks)
$100 per incident
N.
Failure to comply with employee roster, proper uniforms and employee identification and safety equipment as per agreement
$150 per incident
O.
Not providing current schedule and route maps annually
$200 per incident
P.
Using improper equipment to service commercial or residential customers
$50 per incident
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Liquidated Damages Listing (continued)
Description – Amount Assessed
Q.
Failure to respond to complaints and customer calls in a timely and appropriate manner as per the “customer
service policy” provided to the City from the Contractor
$200 per incident
R.
Failure to complete a route on the regular pick-up day
$250 per incident
S.
Failure to provide proper notification prior to residential route changes
$250 for route day not completed
T.
Causing skid marks, spillage marks on roadways, private driveways or any thoroughfare within the service area
$150 per incident
U.
Failure to follow established reporting operation or administrative procedures
$150 per incident
V.
Failure to provide promotional and educational material and activities, advertisements and civic awareness programs as per the agreement
$1,000 per year
W.
Failure to maintain signs stating “Serving the City of Atlantic Beach” on all collection and work vehicles while servicing the City
$250 per incident
X.
Failure to comply with the current schedules and routing maps
$250 per incident
Y.
Failure to provide monthly tonnage and recycling data reports
$250 per incident
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Liquidated Damages Listing (continued)
Description – Amount Assessed
Z.
Failure to close gates on dumpster enclosures as well as container and Cart lids and locking all locks on
commercial customer locations
$250 per incident
AA.
Causing hydraulic spills or leaks as well as any other fluids having potential to damage or stain asphalt, concrete or other roadway surfaces. Contractor shall pay all costs the City of Atlantic Beach incurs to help in controlling
any oil spills, including the use of the Vac-Con truck or use of another contractor
$500 per incident up to 2 sq. ft. $1,000 per incident over 2 sq. ft.
BB.
Contractor’s failure to provide the quantity of approved roster equipment within the City during the required
collection days.
$500 per incident
CC.
Failure to report accidents, damage, spillage to the City immediately and provide a copy of a written report in the
same day to the City
$250 per incident
DD.
Loaded vehicles left standing on street unnecessarily
$150 per incident
EE.
Failure to drive in proper direction (includes driving on wrong side of two-way street)
$100 per incident
FF.
Failure to deliver Class III materials to an authorized Class III landfill
$250 per incident
GG.
Co-mingling solid waste with vegetative waste, recyclable materials, C & D materials or other waste material
$250 per incident
HH.
Failure to report recycling activity quarterly in the format determined by the Contractor for the purpose of
tracking and verifying City-wide recycling activity.
$100 per incident
II.
Failure to maintain equipment in accordance with standards of Section 8
$1,000 per week
JJ.
Failure to have a Supervisor within the city as required during the days the contract work is being performed per section 7 B
$500 per incident
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2. Each complaint shall be considered legitimate, unless satisfactory evidence to the
contrary is furnished to the Director by the Contractor. The decision of the Public
Works Director shall be final.
3. This provision shall not limit other claims of the City arising against the
Contractor under the terms of this Agreement.
SECTION 15 - CITY ORDINANCES
Nothing contained in any ordinance of the City now in effect, hereafter adopted, pertaining to the
collection of garbage and trash shall in any way be construed to affect, change or modify or
otherwise alter the duties, responsibilities and operation of the Contractor in the performance of
the terms of this contract. It is the intention hereof that the Contractor be required to perform
strictly the terms of this contract, regardless of the effect or interpretation of any municipal
ordinances which in any way relate to garbage and trash.
SECTION 16 - AMENDMENTS
The City shall have the right to amend this contract from time to time as necessary to comply with
federal, state and local laws and regulations, as amended from time to time. Such amendments
shall take effect within thirty (30) days of the Contractor’s receipt of the written amendment.
Should compliance with new federal, state and local laws and regulations result in an increase in
costs for the Contractor, the Contractor may follow the provisions outlined in Section 2G of the
contract. Amendments that are consistent with the purposes of this contract may be made with
the mutual consent, in writing, of the parties and approved by the Atlantic Beach City
Commission in accordance with the City Charter and other applicable laws and ordinances.
SECTION 17 - CART AND RESIDENTIAL RECYCLING
CARTS OWNERSHIP
1. CART CONTAINER SERVICE: The Contractor agrees to furnish and deliver to each
single or multiple dwelling and commercial unit served, one Cart ready for use, excluding
those using mechanical containers approved by the Public Works Director or his or her
designee. Each Cart shall display the City Logo. The Contractor shall maintain the Carts
in good working condition and the Contractor shall be the sole owner of the Carts and
Residential Recycling Carts. It is the Contractor’s responsibility to replace or repair
damaged or otherwise unserviceable Carts at his or her expense, regardless of the cause of
damage or loss. The Contractor shall not remove a Cart for repair unless one is left in its
place.
2. ADDITIONAL Cart and Residential Recycling CONTAINERS: Additional Carts
and/or Residential Recycling Containers, in excess of one per commercial customer, may
be rented to the user and billed to the City by the Contractor, upon City approval, at a
charge not to exceed $11.90 per month (current rate is $7/month, increases should follow
same procedure as 2.F. or G.).
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3. CODED Carts: The Contractor shall provide a serial number, permanently marked on
each Cart, and furnish a list to the City of Cart numbers by address, updated at least
monthly. All Carts shall be coded by the manufacturer along with a serial number to
reflect the street address (house/business number) quarter and year in which the Cart was
delivered. Example-1-2018, 2-2019, or 1-2020, 2-2021. No Contractor’s corporate logo or
telephone number will be permitted to be displayed on Carts provided under this contract.
4. USE OF Carts and Residential Recycling Carts: The City agrees to require the Carts
and Residential Recycling Carts to be used for garbage and recyclables, where appropriate,
by all residences and by all businesses not using mechanical or commercial containers,
except where approved in writing by the Public Works Director or his or her designee.
PURCHASE OF Carts and Residential Recycling Carts: At the termination of this contract,
the Contractor agrees to sell to the City all original Carts and Residential Recycling Carts that are
in good working condition and appearance used for the performance of this contract for One
Dollar ($1.00) each, except as amplified below.
All new Carts and Residential Recycling Carts, placed in service by the Contractor after the
effective date of this agreement, which are in good working condition and appearance and
actually in use, will be sold for $ each, less ( ) per each quarter the Cart or
Residential Recycling Carts has been in service.
The Contractor shall provide to the City invoices for all Carts and Residential Recycling Carts
purchased during the term of this contract indicating the amount and date purchased. The
Contractor shall also supply a report of the amount of Carts and Residential Recycling Carts
removed from service in the City in a form acceptable to the Public Works Director or his or her
designee.
SECTION 18 - NOTICES
Notices for purposes of the Contractor as called for under this agreement should be forwarded
to:- .
Notices to the City should be forwarded to:
Public Works Director
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
SECTION 19 ASSIGNMENT AND CHANGE OF CONTROL
A. Assignment, Changes in Ownership and Subletting of Contract
1. Neither this Contract, nor any portion thereof, shall be assigned except with
the prior written consent of the City Commission, which may be withheld
for any reason. No such consent will be construed as making the City a party
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of or to such transfer or assignment, or subjecting the City to liability of any
kind to any subcontractor. Assignment, changes of ownership or subletting
of contract shall be a direct or indirect, by gift, assignment, voluntary sale,
merger, consolidation or otherwise, of twenty five percent (25%) or more
at one time of the ownership or controlling interest of Contractor, or fifty
percent (50%) cumulatively over the term of the Agreement of such interest
to a corporation, partnership, trust, or association, or person or group of
persons acting in concert or a change in control. Transfer shall include any
transfer or assignment to a person controlling, controlled by, or under the
same common control as the Contractor at the effective date of this
agreement. Moreover, transfer shall not mean a public offering issuance
which either changes the Contractor status from a privately held corporation
to that of a publicly held corporation or which is intended to provide
additional capitalization for the Contractor, provided the public offering
does not result in a change in Contractor’s management personnel. Within
the term of this contract and any subsequent renewals if an assignment or
transfer of this contract is granted by the City, the Contractor will pay the
City an assignment/transfer fee for the first assignment/ transfer in the
amount of twenty five thousand dollars ($25,000.00) for a second and all
subsequent assignment/ transfers the Contractor will pay the City fifty
thousand dollars ($50,000.00) upon such consent for said assignment or
transfer.
2. The foregoing notwithstanding, in the event of any strike, lockout, labor
trouble or dispute involving the Contractor under this Contract shall
continue, the City agrees to fully cooperate with the Contractor in any
temporary assignment or subcontract as may be necessary to continue to
provide the services required by this Contract. Under this provision there
will be no transfer fee as stated in sub-paragraph (1) above, but in no event
will the transfer under this provision exceed ninety (90) days.
3. Any transfer of more than twenty-five percent 25% of the ownership of the
Contractor shall be deemed to be a transfer of this Contract.
4. No assignment or subcontract shall, under any circumstances, relieve the
Contractor of the liabilities and obligations under this Contract, and despite
any such assignment, the City shall deal through the Contractor.
Subcontractors shall be dealt with as employees and representatives of the
Contractor and, as such will be subject to the same requirements as to
character and competence as are other employees of the Contractor.
SECTION 20 - SEVARABILITY
If any article or section of this agreement, or any supplements or riders thereto, should be held
invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal pending a final
determination as to its validity, the remainder of this agreement and of any supplements or riders
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thereto or the application of such article or section to persons or circumstances other than those to
which it has been held invalid or as to which compliance with or enforcement of has been
restrained, shall not be affected thereby.
SECTION 21 – GOVERNING LAW
The laws of the State of Florida shall govern this contract and the venue for any litigation arising
out of the contract shall be in the appropriate state court in Duval County, Florida.
SECTION 22 – ATTORNEY FEES
In the event of any dispute arising out of or interpreting the terms and conditions of this contract,
the prevailing party shall be entitled to recover reasonable attorney’s fees and costs, including
appellate attorney’s fees and costs, and regardless of whether or not litigation is filed.
SECTION D:
PROPOSAL FORMAT
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SECTION D: PROPOSAL FORMAT Respondents shall provide proposals in the format outlined below:
A. SCOPE OF SERVICES PROPOSED:
1. Clearly describe the ability to perform the scope of services required. Please address Section C Contract.
2. Include a work plan with an explanation of methodology to be followed to perform
the services required within this RFP.
3. Include suggestions to the current method the CITY is utilizing in order to increase
service satisfaction of our residents and businesses.
B. QUALIFICATIONS AND COMPETENCY:
1. The proposal should give a description of the firm, including the size, range of
activities, etcetera. Particular emphasis should be given as to how the firm-wide
experience and expertise in this type of service will be brought to bear on the
proposed service. The proposal must also identify the contact person and telephone
number.
2. Submit evidence as to the qualifications such as, previous experience, and/or
evidence of legal qualifications to perform the work. Provide certifications,
licenses, etc. Include resumes of company executives, account managers and field
supervisors that will be in charge of the City of Atlantic Beach business account.
3. Provide evidence of continuous engagement in providing products and services
similar to those specified herein for a period of five (5) years or more in a
government setting and evidence the company is presently engaged in the provision
of these services. Provide evidence of an established satisfactory record of
customer satisfaction performance for a reasonable period of time.
4. Experience
i. Management team to have at least five (5) years of operating experience.
ii. Previous operating experience in Florida or South Georgia with
governmental entities.
iii. Reference contacts for at least five (5) recent comparable services contracts
to include 3 governmental entities.
iv. At least three contracts each for at least 7,000 6.000 residential service
units.
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v. Provide information on the firm’s current safety rating by the Florida
Department of Transportation.
5. Past Performance Concerns on Previous / Current Contracts
The respondent shall disclose any pending or anticipated litigation,
environmental issues, fines, regulatory actions and complaint(s) applicable to
the respondent on services for any governmental entity over the past five (5)
years.
i. When the respondent or a proposed subcontractor has previously worked
for a governmental entity (including the CITY) and received complaints,
verbal and written comments about poor performance, or has been involved
in disagreements with the governmental entity about the work requirements
/ expectations in the contract, the respondent shall submit an explanation of
what the respondent has done or will do to proactively work at eliminating
/ mitigating the same/similar issues in the future. This explanation must deal
specifically with the problems/concerns involved on the prior contract and
any organizational, operational or other changes which have been or will be
implemented.
ii. If, in the sole discretion of the CITY, the respondent has not provided an
adequate plan to ensure sufficient improvement to meet the CITY contract
requirements / expectations for the future, the CITY reserves the right to
consider this determination in the rating of the proposal submitted by the
respondent.
C. EQUIPMENT AVAILABILITY AND CAPABILITY:
1. As part of the proposal submission, each respondent is to submit a schedule of the
trucks/vehicles to be assigned to this contract and showing:
i. The types of collection trucks (with catalog cut / brochure) and other vehicles.
ii. The quantity by type of collection truck to provide consistent satisfactory
customer service.
iii. The average age by type of the new / like new collection trucks and other
vehicles.
iv. The respondent goal for the average age of collection trucks by type for each
year of the initial 7-year term.
v. The planned frequency schedule for cleaning and painting of the vehicles/
equipment/ trucks.
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2. Each respondent shall demonstrate their ability to provide back-up equipment /
vehicles and personnel beyond those assigned to the proposed contract and within
reasonable proximity to the City of Atlantic Beach.
D. FINANCIAL CAPABILITY:
Include written evidence from surety stating that CONTRACTOR has the ability to fulfill
the required $1,000,000.00 Performance Bond, if awarded the Contract.
Include three (3) years of certified audited financials.
E. PRICING:
Provide pricing using the pricing pages on the Proposed Pricing Form (Form 1).
Provide suggested percentage values to apply to the fee rates in order to apportion each fee
rate into a Collection Component and a Fuel Cost Component. F. VALUE-ADDED BENEFITS:
Detail value-added services and public benefits. G.
ATTENDENCE AT THE PRE-PROPOSAL MEETING:
List company attendees and their positions in reference to providing the franchise contract services to the CITY if awarded the contract.
H. REQUIRED FORMS:
Submit all forms detailed in Section F.
SECTION E:
EVALUATION
CRITERIA
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SECTION E: EVALUATION AND SELECTION PROCESS
A. INTRODUCTION
Following the opening of the proposal packages, the proposals will be evaluated by a CITY
appointed Evaluation/Selection Committee. The Committee will be comprised of CITY
personnel with the appropriate experience, knowledge and/or position. The CITY reserves
the right to call upon expert(s) in the field to assist the CITY in the selection process.
B. EVALUATION CRITERIA
The Evaluation/Selection Committee will evaluate and rank responsive proposals based on
the criteria listed below for a total possible points of 105:
1. Scope of Services Proposed 20 Points Possible
2. Qualifications and Competency 20 Points Possible
3. Equipment Availability and Capability 20 Points Possible
4. Financial Capability 10 Points Possible
5. Pricing 20 Points Possible
6. Value-Added Benefits 10 Points Possible
7. Attendance at the Pre-Proposal Meeting 5 Points Possible
The CITY reserves the right to negotiate the final terms, conditions and pricing of the
contract as may be in the best interest of the CITY. Upon completion of the criteria
evaluation and rating, the Committee may choose to conduct oral presentation(s) with the
respondent(s) which the Evaluation/Selection Committee deems to warrant further
consideration based on the best rated proposal(s) providing the highest quality of service
to the CITY.
Upon completion of the oral presentation(s), the Committee will re-evaluate and re-rate the
proposal(s) remaining in consideration based upon the written documents combined with
the oral presentation(s).
C. OVERALL RANKING
Following the evaluation and ranking of the proposals, the Evaluation/Selection
Committee is to recommend that contract terms be negotiated starting with the highest
ranked responsive and responsible respondent, and continuing through the ranking order
until terms are negotiated with a specific respondent that are agreeable to both the CITY
and the respondent, and in the best interest of the CITY.
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In its sole discretion, the CITY reserves the right to negotiate with any respondent and with
regards to any and all terms, or to take such other action(s) as it deems to be in the best
interest of the CITY.
D. CONTRACT AWARD
Any contract, as a result of this solicitation, will be submitted to the CITY Manager for
consideration and may be submitted to the City Council for their approval. All respondents
will be notified in writing when the CITY Manager makes an award recommendation. The
Contract award, if any, shall be made to the respondent whose proposal shall be deemed
by the CITY to be in the best interest of the CITY. The CITY’s decision to make the award
and which proposal is in the best interest of the CITY shall be final.
SECTION F: FORMS
Form 1 Proposed Pricing
See Addendum No. 05
RESIDENTAL CURBSIDE COLLECTION Contractor to supply all toters and maintenance of toters
Monthly
Collection
Component
Monthly Fuel
Component
Monthly
Disposal
Component
Total Monthly Total Monthly x
approx. 5,139
Customers Refuse
Yard Waste
Recycling
Monthly
Totals
COMMERCIAL CONTAINER COLLECTION AND DISPOSAL
Per Cubic Yard
Component Rate
Collection
Fuel
Total
Commercial 90 Gallon Toter
Monthly Collection Fuel Component Total Monthly Rate
First Toter
Second Toter (Total Only)
Commercial Hand Collection
Collection Fuel Component Total Monthly Rate
Up to 3, 32 Gallon Containers
Roll Off Compactor
15 Yard 20 Yard 30 Yard 40 Yard
Pull Charges
Rental/Lease Charges
Roll Off Open Top
Pull Charges
Rental Fees Monthly
Delivery Fees
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FORM 2
DRUG-FREE WORKPLACE COMPLIANCE FORM
IDENTICAL TIE PROPOSALS - Preference shall be given to businesses with drug-free workplace
programs. Whenever two or more proposals, which are equal with respect to price, quality and service, are
received by the State or by any political subdivision for the procurement of commodities or contractual
services, a proposal received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process. Established procedures for processing tie
proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to
have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
contract a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under contract, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 or of any controlled substance law of the United States
or any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee’s community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Vendor’s Signature
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FORM 3
NONCOLLUSION AFFIDAVIT , being first duly sworn deposes and says that:
1. He (it) is the , of
the respondent that has submitted the attached proposal;
2. He is fully informed respecting the preparation and contents of the attached proposal and of all
pertinent circumstances respecting such proposal;
3. Such proposal is genuine and is not a collusive or sham proposal;
4. Neither the said respondent nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affidavit, have in any way, colluded, conspired,
connived or agreed, directly or indirectly, with any other respondent , firm or person to submit a
collusive or sham proposal in connection with the Contract for which the attached proposal has
been submitted; or to refrain from responding in connection with such Contract; or have in any
manner, directly or indirectly, sought by agreement or collusion or communication, or conference
with any respondent firm, or person to fix the price or prices in the attached proposal or of any other
respondent or to fix any overhead, profit, or cost elements of the proposal price or the proposal price
of any other respondent, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against other Respondents, or any person interested in the proposed
Contract;
5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the respondent or any other of
its agents, representatives, owners, employees or parties in interest, including this affidavit.
By:
Sworn and subscribed to before me this day of ,
20 , in the State of , County of .
Notary Public
My Commission Expires:
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FORM 4
PERFORMANCE BOND
STATE OF FLORIDA )
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that
as Principal, hereinafter called CONTRACTOR,
as Surety, hereinafter called Surety, are held and firmly bound unto the CITY of Atlantic Beach as Obligee,
hereinafter called CITY, in the amount of Dollars
($ ) equal to 100% of the total contract price, for the payment whereof CONTRACTOR and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, CONTRACTOR has by written agreement dated , 20 , entered into a Contract
with CITY for:
CITY OF ATLANTIC BEACH
RFP Number 2021-03
COLLECTION, DISPOSAL OF SOLID WASTE AND RECYCLING SERVICES FOR THE CITY OF
ATLANTIC BEACH
in accordance with Drawings and Specifications prepared by the City of Atlantic Beach, which Contract is by reference
made a part hereof and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all
respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his or her obligations
thereunder and shall indemnify the CITY and the Consulting Engineer and save either or all of them harmless against and from
all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this
obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and
conditions:
A. The Principal and Surety jointly and severally agree to pay the CITY any difference between the sum to which the said
Principal would be entitled on the completion of the Contract, and that sum which the CITY may be obliged to pay for the
completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said
CITY may sustain on account of such work, or on account of the failure of said CONTRACTOR to properly and in all
things, keep and execute all of the provisions of said Contract.
B. And this Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project
by the CITY and shall provide that the CONTRACTOR guarantees to repair or replace for said period of one (1) year all
work performed and materials and equipment furnished that were not performed or furnished according to the terms of the
Contract, and shall make good, defects thereof which have become apparent before the expiration of said period of one
(1) year. If any part of the project, in the judgment of the CITY, for the reasons above stated needs to be replaced, repaired
or made good during that time, the CITY shall so notify the CONTRACTOR in writing. If the CONTRACTOR refuses
or neglects to do such work within five (5) days from the date of service of such Notice, the CITY shall have the work
done by others and the cost thereof shall be paid by the CONTRACTOR or his or her Surety.
C. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall
in any way affect its obligations on this bond, and it does hereby waive Notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Specifications.
65
D. The surety represents and warrants to the CITY that they have a Best's Key Rating Guide General Policyholder's Rating
of " " and Financial Category of "Class ".
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of
20 , A.D., the name and corporate seal of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
PRINCIPAL:
WITNESSES:
(Affix
Signature of Authorized Officer Seal) Title
Business Address
CITY State SURETY:
WITNESS:
Corporate Surety (Affix
Attorney-in-Fact Seal)
Business Address
CITY State
Name of Local Insurance Agency
66
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as Principal in the within
bond; that who signed the said bond on behalf of the Principal, was then of said
Corporation; that I know his or her signature, and his or her 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)
STATE OF FLORIDA )
ss COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says that he
is the Attorney-in-Fact, for the and that he has been authorized by
to execute the foregoing bond on behalf of the CONTRACTOR
named therein in favor of the .
Subscribed and sworn to before me this day of , 20 , A.D.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My Commission Expires: _
FORM 5
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
by
(print individual’s name and title)
for
(print name of the public entity)
(print name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement: .)
2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not limited to, any
bid or contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of
a plea of guilty or nolo contendere.
4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term “affiliate” includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the interest in another person, or a pooling of equipment or income among persons when not for
fair market value under an arm’s length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term “person” includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent of July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the
Final Order entered by the Hearing Officer determined that it was not in the public interest to
place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of
the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE
IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY
TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(signature)
STATE OF (date)
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(name of individual signing)
who, after first being sworn by me, affixed
his/her signature in the space provided above on this day of , 20 .
My commission expires:
NOTARY PUBLIC
v. December 2020
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FORM 6
E-VERIFY FORM
Project Name:
Project No.:
Definitions:
“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.
“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.
Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of:
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and
b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Atlantic Beach, Florida; and
c) Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.
Company Name:
Authorized Signature:
Print Name:
Title
Date:
Phone:
Email:
Website:
v. December 2020
E-VERIFY
1) Definitions:
“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.
“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.
2) Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of:
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and
b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Atlantic Beach, Florida; and
c) By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.
FORM 7
PUBLIC RECORDS PROVISIONS
FOR ALL CONTRACTS AND AMENDMENTS Effective as of
July 1, 2016 per Chapter 2016-20, Laws of Florida
Section 119.0701. Public Records
(a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE,
THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS