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HomeMy Public PortalAbout13-8513 Request for RFP for Commercial and Residential Citywide Solid Waste collection Sponsored by: City Manager Resolution No. 13-8513 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR COMMERCIAL AND RESIDENTIAL CITYWIDE SOLID WASTE COLLECTION AND DISPOSAL SERVICE, PAYABLE FROM ACCOUNT NUMBER 35-534340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka desires to issue a Request for Proposals (RFP) to solicit bids for a vendor to service both commercial and residential solid waste collection and disposal services; and WHEREAS, the City currently utilizes two (2) different vendors (Waste Management, Inc., and Choice Environmental Inc.); and WHEREAS, currently the commercial servicer, provides the City a 26% franchise fee based on their direct billed fee, and as per the current arrangement, residential customers are billed on their residential tax bill, and the City pays the residential monthly service fee directly to the provider; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to issue a Request for Proposals (RFP) for a residential and commercial vendor to service the City residential and commercial solid waste collection and disposal needs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 13-8513 Section 2. The City Commission of the City of Opa-locka hereby directs and authorizes the City Manager to prepare and issue a Request for Proposals (RFP) for a vendor to provide both citywide commercial and residential solid waste collection and disposal service, payable from Account Number 35-534340. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of January, 2013. (661,0frly MY TAYLOR MAYOR Attest to: i4 6 (Rtetti---) J1 a Flores y Clerk Approved as to form and legal s ficiency: Jos-I 1'ler Ci Attom Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER JOHNSON Commission Vote: 4-1 Commissioner Holmes: NO Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 04 v (7.--- \O ) "0---,.... , 0 ,..._ 1, Cfty of Opa-Lock; Agenda Ctver Mem* Commission Meeting 01/09/2013 item Type: Resolution Ordinance Other Date: X ! (Enter X in box) Fiscal Impact: Ordinance Reading: lst Reading 2lid Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (Enter X in box) X X _ — Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No -- - (Enter Aeet No.) Ex: General Fund- (Enter X in box) 17 Police - --- - ---- Contract/P.O. Required: Yes No RFP/RFQ/Bid#: (Enter X in box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the _ (Enter X in box) specific objective/strategy this item will address) Enhance Organizational ED Bus.&Economic Dev El Public Safety El Quality of Education = Qual.of Life&City Image El Comm uncation El Sponsor Name City Manager Department: City Manager Short Title: I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE CITYWIDE SOLID WASTE (COMMERCIAL AND RESIDENTIAL)COLLECTION AND DISPOSAL. Staff Summary: The City of Opa-locka will issue a Request for Proposal (RFP) to solicit competitive proposals from qualified firm for the citywide commercial and residential solid waste collection and disposal in order to protect the public safety, health and welfare, and to enhance the environment of the city of Opa-locka. Proposed Action: _ _ Approval Attachment: 1. Copy of RFP 2. Copy of Resolution 06-6908 3. Copy of Ordinance 10-01 C • �..� tl'i�Y��4� � yco ,.-� �ORAt 60 Memoraaa(Inm TO: Mayor Myra . Taylor Vice-Mayor Joseph . Kellpy Commissioner Timoth , Holme Commissioner Doroth John Commissioner Luis B. ,an a FROM: Kelvin L Baker,Sr,,City Mann DATE: December 19,2012 RE: Request for Proposals(REP)for the Citywide Solid Waste Collection and Disposal Request: A RESOLUTION OF TAIL CITY COMMISSION OF THE CITY OF OPA-t OCKA, FL•RIDA AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (REP) FOR T CITYWIDE SOLID WASTE (COMMERCIAL AND RES ENTIA 1 ) COLI,I+:CTION AND DISPOSAL. Description: The City of Opa-locka will issue a Request for Proposal (RFP) to solicit competitive proposals from qualified firm for the citywide commercial and residential solid waste collection and disposal in order to protect the public safety, health and welfare, and to enhance the environment of the city of Opa-locka. Account Number: 34-534340 Financial Impact:. Currently the Commercial service provider bills commercial customers directly and provides the City a franchise fee of 26%. Currently, residential customers are billed on the tax bills and the City pays the residential service provider monthly. Implementation Timeline: The RFP will be advertized immediately after the commission approval. Legislative History: Resolution: 06-6908, Ordinance: 10-01 Recommendation(s): Staff recommends approval in order to select contractor to continue solid waste collection and disposal for the city. Analysis_ Currently the city has two different vendors (Waste Management, Inc. and Choice Environmental Inc.) for the commercial and the residential solid waste collection and disposal. The scope of the proposed RFP includes both commercial and residential solid waste collection and disposal and will allow selecting only one vendor to provide citywide solid waste collection and disposal. Attachment: 1. Copy of RFP 2. Copy of Resolution 06-6908 3. Copy of Ordinance 10-01 PREPARED BY: Mohammad Nasir,PE,Interim Director of Public Works and Utilities Faye Douglas, udget Administrator END O F MEMORANDUM Sponsored by: City Manager Resolution No. 06-6908 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA ACCEPTING THE PROPOSAL OF WASTE MANAGEMENT Na. OF FLORIDA TO PROVIDE COMIVIERCIAL SOLID WASTE COLLECTION AND DISPOSAL, SERVICES PURSUANT TO RIP NO. 06-041 , PURI:ITER AUTHORIZING TIE CITY MANAGER TO ENTER INTO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY TEE FORM ATTACHED HERETO, WITH WASTE MANAGEMENT INC. OF FLORIDA FOR A PERIOD OF THREE(3) YEARS WHEREAS, the City of Opa-locka solicited a Request for Proposals for commercial solid waste collection and disposal; and VITI--2REAS, on April 21,2006 the City received sealed responses from Waste Management Inc, of Florida and Choice Environmental Services of Miami,Inc.; and WHEREAS, the City Manager convened a selection committee to review the proposals submitted and said committee recommended Waste Management Inc. of Florida; and WHEREAS, the City Commission deems Waste Management Inc. of Florida as being the _ most responsive andresponsibleoposer-. _ NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE km • • • . e Section 1, The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby accepts the proposal of Waste Management Inc. of Florida to provide commercial solid waste collection and disposal services pursuant to Fit?No. 06-0412. / Resolution No. 0 6—6 9 0:8 Section 3. The City Manager is hereby authorized to enter into ard execute a professional services agreement, in substantially the form attached hereto, with Waste Management Inc. of Florida for a period of three(3) years. PASSED A Nn---)A nOPTP.r)etis a.„ A ,; MAY 2006. 141 MAY*R er Attest to: Approved as to fo al sufficiency: kiedial A.„WA/4_ cur CLERK - • • C . A '0* Moved by VICE MAYOR PINDER Second by: CoMmiSS/ONER JOHNSON . -s1011 ° Commissioner Tydus: YES Commissioner Holmes: YES Corauiissioner Johnson: _YEs Vice-Mayor Pinder: YE S Mayor Kelley: YES Resoktion/Acccpring proposal of Was Management-06.06 ls`Reading: 1 2/1 7/20Qc) 2nd Reading: 01 /13/2 01 0 Public Hearing: 01 /13/2010 Adopted: 01 /1 3/2 010 Effective Date: 01 /13/2010 Sponsor: City Manager ORDINANCE N 1:. 10-01 AN ORDINANCE Oar n noE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA; ACCEPTING T I I PROPOSAL OF CHOICE ENVIRONMENTAL SERVICES, INC. FOR THE PROVISION OF RESIDENTIAL WASTE COLLECTION SERVICES PURSUANT TO RFP NO.09-0821; FURTHER AUTHORIZING THE CITY MANAGER T<I ENTER INTO AN AGREEMENT WITH C'.IOICE ENVIRONMENTAL SERVICES,INC.FORT 11 PROVISION OF RESIDENTIAL WASTE COLLECTION SERVICES PIRSUANT TO RFP NO. 09-0821, PAYABLE FROM ACCOUNT NO. 34-534340, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND FOR FINAL APPROVAL s„Y THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FO SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka ("City") is in need of an independent contractor to provide residential waste collection services to the City; and WHEREAS,the City issued RFP No. 09-0821 requested proposals from qualified firms for the provision of residential waste collection services to the City; and WHEREAS, the selection committee has reviewed the proposals received in response to RFP No. 09-0821 and selected the Choice Environmental Services, Inc. ("Choice"), as the most responsive and responsible proposer for residential waste collection services; and W o E!1,f AS,the City Commission of the City of Opa-locka desires to accept the proposal from Choice in response to RFP No. 09-0821 and authorize the City Manager to enter into an agreement with Choice for the provision of residential waste collection services to the City. Ordinance No. 10_01 T 1 E COMMISSION OF T ai:E CITY OF .1I°A-LOCKA 11 EREBY 4ORDAINS: Section 1> The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby accepts the proposal from Choice Environmental Services, Inc. in response to RFP No. 09-0821 for the provision of residential waste collection services to the City of Opa-locka. Section 3. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into an Agreement with Choice Environmental Services,Inc. for the provision of residential waste collection services to the City of Opa-locka in response to RFP No.09-0821,in the form attached hereto as Exhibit `A",for a contract term of three(3)years with an option to renew for one (1)additional year,payable from Account No. 34-53340. Section 4. All ordinance or Code provision in conflict herewith are hereby repealed. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. This Ordinance shall,upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. PASSED AND ADOPTED this 1 3 day of .7Ari i py , 2010. J•S PH L.` LLEY MAYOR Ordinance No. 10-01 Attest: Approved a ',o form and leg. sufficiency: 1 Debora S. Irby Jo • Ge ler City Clerk Ass A iorney Moved by: upr,MP S Seconded by: TAYLOR Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Johnson: YES Vice-Mayor Taylor: YES Mayor Kelley: YES CIT » ¢0_. - ' Ok (:1Eis „6 0 Z le� 49 o �O Ri,0 R AT RFP NO: 12 xxxx CITYWIDE SOLID WASTE (COMMERCIAL AND RESIDENTIAL) COLLECTION AND DISPOSAL * -r. * * * * * * * * * * :r * * * * * * * .. * * * * .. * .. :r * * `CITY OF OPA-LOCKA*780 FISHERMAN STREET*OPA-LOCKA*FLORIDA*33054* Page 1 of 37 u n 8 h s44. ;/m• - ,..gp.,gV CITY OF OPA-LOCKA Advertisement for Request for PR•opo.sai REP NO: 12-XXXX CITYWIDE SOLD) WASTE COLLECTION AND DISPOSAL SERVICES Proposals for the SOLID WASTE COLLECTION AND DISPOSAL SERVICES will be received by the City of Opa Locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa- Locka, Florida 33054, on XXXXX, XXXXX XX, 2012, by 2:00 PM Eastern Standard time. Any proposals received after the designated closing time will be returned unopened. A mandatory pre-proposal conference site-visit will be held at 10:00 AM/PM) on XXXXX, XXXXX XX, 2012 in the City Commission Chambers, City Hall, 780 Fisherman Street, Second Floor, Opa-Locka, Florida 33054. Any proposal received that was not represented during the pre-proposal conference shall be disqualified. A Proposal/Bid Bond of Twenty Thousand Dollars ($20,000.00) must be submitted with all proposals. The successful bidder will be required to furnish a performance bond in the amount of fifty percent (50%) of the contract amount. The City may award more than one Contract Agreement. The City of Opa-Locka reserves the right to reject any or all proposals and to waive any irregularities in the proposal. The City of Opa-Locka is an Equal Opportunity Employer and encourages the participation of certified Minority/Women Business (MWBE) contractors. ARTICLE I GENERAL INFORMATION Page 2 of 37 1. Liaison between City and Contractor: All transaction, contracts, notices and payments between the contractor and the City shall be directed by the contractor to the City Manager or his designee. 2. Commencement of Work and Disposal Mandate: The work outlined in these specific locations shall commence within three (3) days upon receipt of a Notice to Proceed. All conforming solid waste collection under this contract is the sole responsibility of the contractor and must be disposed of at a Miami-Dade County facility. 3. Term: a) The term of the contract shall be for three (3) years beginning March 1, 2013 and terminating February 28, 2016. b) This contract shall automatically renew for one (1) additional year unless either party gives written notice of non-renewal at least sixty (60) days prior to the end of the initial one (1) year term. 4. Definition of Terms: a) Authorized Representative: Shall be the employee or employees designated in writing by the City Manager to represent the City in the administration and supervision of this contract. b) Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonable be suspected of harbouring pathogenic organisms. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; using disposable sharps, human blood and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. c) Biological Waste: Shall mean solid waste that cause or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. d) Bulk Trash: Shall mean any item which cannot be containerized, bagged or Page 3 of 37 bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, and other similar appliances, household goods, minor "do it yourself" projects construction debris, and furniture. e) City: City of Opa-locka, Florida or its Authorized Representative. f) Collection: Shall mean the process whereby solid waste, garbage and Bulk Trash is removed and transported to a Designated Facility. g) Commercial Service: Shall herein refer to the service provided to non- customers. Commercial Service is excluded from this Agreement. h) Construction and Demolition Debris: Shall mean materials defined as such from time to time by the Department and Chapter 62-701 et. Seq., F.A.C. i) Contract or Agreement: The contract executed by the City and the contractor for the performance of work. The contract shall substantially be in the form provided in these specifications or by an agreement incorporating the provision of the specifications. j) Contractor or Vendor: The person, firm, corporation, organization, or agency which the City has executed a contract for performance of the work or supply of equipment or materials or his duly authorized representative. k) Designated Facility: Shall mean a disposal or transfer facility designated by the City Manager. The current Designated Facility is any facility within the Miami-Dade County Department of Solid Waste system. I) Disposal Costs: Shall mean the "tipping fees" charged to the contractor by Miami-Dade County Department of Solid Waste for Disposal of the garbage and waste collected by the contractor. m)Garbage: Every refuse accumulation of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit, vegetables, and decay, putrefaction and generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ carrying insects. n) Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handles(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials shall not exceed forty (40) gallons in capacity or forty (40) pounds in weight. Page 4 of 37 o) Hazardous Waste: Shall mean solid waste, or a combination of solid waste, which because of its quality, concentration, or physical, chemical or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, incapacitating nonreversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. p) Industrial Wastes: Shall mean waste generated from an industrial or manufacturing process. Industrial wastes are not included in the scope of this contract. q) Landfill: Shall mean any solid waste land disposal area for which a permit is, required by s. 403.707, Florida Statutes, that receives solid waste for disposal in or upon land other than a land spreading site, injection wells, or surface impoundment. r) Loose Refuse: Any refuse, either garbage or trash, stored in and collected from any type of container other than a mechanical container or garbage. Refuse, which is collected from the ground, is considered loose refuse. s) Mechanical Container: Shall mean and include any detachable container designated or intended to be mechanically dumped into a loader/packer type garbage truck used by the contractor. t) Multiply Dwelling Units: Shall mean any building containing two (2) or more permanent living units. u) Performance Bond: Shall mean the form of security approved by the City and furnished by the contractor as required by this contract as a guarantee that the contractor will execute the work in ordinance with the terms of the contract and will pay all lawful claims. v) Proposer: Any person, firm, corporation, organization or agency that holds a current Miami-Dade County license or permit for collection of solid waste. w) Recycled Materials: Shall mean those materials which are recycled and which would otherwise be processed or disposed of as solid waste. x) Recycling: Shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated or processed and be reused or returned to use in the form of raw materials or products. y) Solid Waste: Shall mean a mixture of garbage and trash resulting from the normal housekeeping activities of a residence. Page 5 of 37 z) Residence: (Single Family) A detached building designated for or occupied exclusively by one family. Duplex buildings are also included, and shall be considered as two (2) individual units for purposes of accessing fees in this contract. aa) Refuse: Shall mean both rubbish and garbage or a combination or mixture of rubbish and garbage, including paper, glass, metal and other discarded matter, excluding recyclable material. bb)Refuse Regulations: Shall herein refer to regulations prescribed by the City together with such administrative rules, regulations and procedure as may be established for the purpose of carrying out or making effective the provisions of this contract. cc)Remodeling and Home Repairs Trash: Materials accumulated by the homeowner or tenant during the course of a self performed improvement project shall be prepared in lengths not to exceed five (5) feet in or forty (40) pounds in weight. dd) Services: Shall herein refer to the refuse collection service provided to single-family residences within the City of Opa-locka, and duplexes. ee)Sludge: Includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. ff) Special Waste: Shall mean solid wastes that require special handling and management, and which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates that is charged for refuse, including, but not limited to, asbestos, whole tire, used oil, lead-acid batteries, Sludge, Construction and Demolition Debris, Hazardous and Biohazardous wastes. gg) Solid Waste: Including refuses, yard trash, clean debris, white goods, special waste, refuse or other discarded material. hh) Solid Waste Disposal Facility: Shall mean any solid waste management facility with the Miami-Dade County Solid Waste System which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. Page 6 of 37 ii) Specifications: Directions, provisions and requirements contained in the Requests for Proposals, Instructions to Proposers, Special Provisions, General Conditions (if any), Proposal Form, Bonds (if any) together with any written contract made or to be made setting out or relating to methods and manner for the work to be carried out. jj) Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping, but shall not include Vegetative Waste. kk)Uniform Level of Service: Shall mean any and all garbage and trash, which conforms to the preparation and storage requirements of this Agreement, and is collected in accordance with City approved schedule. II) Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm frounds„ Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. 5. General Conditions and Instructions to Proposers: a) License/Permit: The proposer must hold a current Miami-Dade County license or permit to collect solid waste to be qualified to submit a proposal. b) Proposal Submission: The proposer form shall be deemed an offer which may be accepted by the City of Opa-locka within the time prescribed in the Request for Proposals. Proposal forms are furnished in triplicate. The original and two copies of the proposal shall be submitted in a sealed envelope on which shall be shown the name of the proposer, proposal opening date, and name and proposal number. By submitting a proposal, the proposer declares that he/she understands and agrees that these proposals, specifications, provisions, terms and conditions of same, shall become a valid contract between the City of Opa- locka and the undersigned upon Notice of Award of contract in writing and/or issuance of an Agreement by the City of Opa-locka. c) Proposal Content: 1) Price Proposal (60%) Exhibit "A91 and Exhibit Page 7 of 37 a. Collection Services: Includes the proposer's price to provide scheduled collection services with a ninety-six (96) gallon capacity container, as required in this RFP, and supplying the ninety-six (96) gallon capacity containers with the use of automated pick-up devices and delivery to a designated disposal facility in accordance to the time schedule presented within the RFP. b. Bulky Waste/illegal Waste: Includes the proposer's price to provide scheduled bulky waste collection and unscheduled (pick-ups requested by City) collection of illegal waste, (price is negotiable on a case-by- case basis) as required in this RFP, and delivery to a designated facility in accordance to the time scheduled presented within this RFP using contractor ninety-six (96) gallon roll-out garbage cans. Option "B" shall include automated pick-up service, i.e. one-arm bandit or other automated pick-up devices including the ninety-six (96) gallon roll-out garbage cans. 2) Customer Service and Operations Plans (15%): a. The proposer shall provide a comprehensive description of its approach to phasing in the new contract. The proposer shall explain how they will meet each of the minimum requirements for transitioning as defined in the specifications. Strong consideration will be given to Opa-locka domiciled businesses. Proposers shall also describe how it will ensure a smooth transition to the implementation of the new Solid Waste Collection and Disposal Services so that the inconvenience to the customers is minimized, including proposed rates for extra roll-out cans and replacement roll-out cans. b. Quality Control Plan: The proposer shall provide a comprehensive description of its proposed quality control program. The description shall include as a minimum, the quality control organization and authority, the proposer's overview of the tasks to be inspected, reports, and methods of inspections. Describe in detail how you will monitor the Quality Assurance assessment. c. Customer Service/Complaint Plan: The proposer shall provide a comprehensive description of its customer service and complaint plan. Describe your customer service office operations and how it will be staffed. Describe what actions will be taken to prevent complaints and increase the quality of customer service. Page 8 of 37 d. Community Involvement Efforts: Describe to what extent you participated in at least three (3) specific communities, if available, with a customer base the size of the City of Opa-Locka or larger customer base. Describe in detail what your company is providing without cost attached to assist communities in which you currently work with quality of service such as: City of Opa-locka > Local Community Environmental Groups > Community and Resident Crime Watch coordination with iocai police or Residents • Litter Control • Neighborhood Relations • Other e. Operations Plan: The proposer shall provide as a minimum a comprehensive description of its operations, logistics management plan, and the proposed organizational structure. Include as a minimum: a description of the operational and maintenance facilities in proximity of the service areas and a proposed organizational chart for the service areas. The operation plan must include response strategy for the emergency bulk trash/waste pickup & disposal outside the regular scope of services and if requested by the city. f. Equipment and Plan: The proposer shall provide a comprehensive description of its existing equipment for this RFP. Include as a minimum: a description of existing equipment in your fleet that has the capability to collect solid waste, yard and wood waste, and special services pick-ups, a brief description of any new technological equipment that may be used to cover collection costs to City of Opa- locka residents. a. Experience and References (15%): Proposer/Owner must submit evidence of at least three (3) years satisfactory experience in South Florida. At a minimum, proposer must include the following information in order to comply with this section: i. Name and address of the accounts for the past three (3) years experience ii. Contact name and title, phone number and address of contact person for the municipality iii. Number of single-family units serviced under the exclusive contract iv. Number of years proposer/owner serviced the contract Page 9 of 37 4) Financial Stability t nd !:esources (6%): Proposer must submit proof of financial stability and resources such that proposer clearly demonstrates that it has sufficient equipment, capital, labor, and other resources necessary to perform the scope of work without delay the inception of the contract and throughout the entire term and subsequent potential renewal terms. 5) Local Preference (5%): Proposer must include a strategy(s) to identify employment opportunities for Opa-locka residents linked to this RFP. Place f Prop'sal Opening: 780 Fisherman Street, Second Floor, City Commission Chan bers Scope and Purpose: It is understood that the information contained in the RFP and the experience, guarantees and innovative approaches demonstrated therein shall be the general basis for selection of respondents based on the proposer initially meeting minimum qualification requirements and a structured point scoring evaluation of the response to the Request for Proposals (RFP) including the Price Proposal. The qualification evaluation shall consider each respondent's ability to perform the required service, experience and technical expertise, ability to make financial and technical guarantees, corporate resources and department, and innovative approaches. The price proposals shall be evaluated on: clarity, value to City and comparison to other price proposals. Pricing exceptions will be negatively rated. The City Manager may elect to terminate negotiations with the first- ranked proposer, begin negotiations with second-ranked proposer, and so on, or cancel the process, in the event negotiations do not result in an executed contract. a) Acceptance or Rejection of Proposals: The City of Opa-locka reserves the right to reject any and all proposals, to waive technical defects and to accept or reject any part of any proposal that is in the best interest of the City of Opa-locka. b) Assignment: The successful proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or any or all of its right, title or interest herein or his or its power to execute such contract to any person, company or corporation. Page 10 of 37 c) Award Challenge: All costs accruing from a proposal or an award challenged as to quality, etc. (test, etc.) shall be assumed by the challenger. All proposal challenges are to be in writing and filed with the City Manager within fourteen (14) calendar days of the award. The City will notify the challenger of the cost and time necessary for written reply to the challenger. d) Proposal Withdrawal: No proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the City prior to the times set for the opening of the proposals, or unless the City fails to accept it within sixty (60) days after the fixed date for opening proposals or unless otherwise indicated on the proposal. e) Proposer Certification: Submission of a signed proposal is Proposer's Certification that the proposer will accept any award made to him as a result of said submission at the prices and terms contained therein. f) Proposer Responsibility: Before submitting this proposal, each proposer shall make all investigations and examinations necessary to verify any representation made by the City that the proposer will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful proposer from his obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the constructor. g) Default: Failure or, refusal of a proposer to execute a contract upon award, or withdrawal of a proposal before such award is made may result in forfeiture of that portion of any proposal surety required. h) Exceptions to Specifications: Proposers taking exception to any part or section of these specifications shall indicate such exceptions on its proposal. Failure to indicate any exceptions shall be interpreted, as the proposer's intent to fully comply with the specifications as written. i) Expenses Incurred in Preparing Proposal: The City accepts no responsibility for any expenses incurred in the proposal, preparation and presentation. Such expenses are to be borne exclusively the proposers. Page 11 of 37 j) Infringement of Patent Rights: It shall be understood and agreed that by the submission of a proposal, the proposer, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers, consultants or agents from any and all damages that may, at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright, of any person or persons, associations, or corporation, as a result of the use of such articles by the City, or any of its officers, consultants, or employees, and of which articles the contractor is not the patentee, assignee, licensee or owner, or lawfully entitled to sell same. k) Late Proposal Rejection: The City of Opa-locka or the City Clerk is not responsible for the delivery of any proposal. All proposals received by the City Clerk after the time stated in the Request for Proposal shall be returned unopened and will not be considered for award. I) Laws and Regulations: It shall be understood and agreed that any and all services, materials and equipment shall comply with the Local, State and Federal laws and regulations. m) Method of Award: The City of Opa-Locka reserves the right to make the award or reject all proposals, whichever is deemed in the best interest of the City. n) Performance Bond: The security furnished by the contractor, as a guarantee that the contractor will execute the work in accordance with the terms of the contract. The performance bond shall be in the amount of fifty percent (50%) of the proposal award and shall be agreed upon and submitted to the City prior to initiating the work. o) Permits, Licenses, Occupational Licenses: The contractor shall procure all permits and licenses as required; however, there will be no charge for a construction permit as issued by the City. p) Principals/Collusion: By submission of this proposal, the undersigned, as proposer, does declare that the only person or persons interested in this proposal as principal or principals, is/are, named therein and that no person other than therein mentioned has any interest in this proposal is made without connection with any other person, companies or parties making a proposal; and that it is in all respects fair and in good faith without collusion or fraud. q) Qualification of Proposers: Each proposer must have a current Miami-Dade County Occupational License, and must have been a licensed contractor for at one (1) year. In addition, proposer must meet all criteria as evidenced through proposer's response to the various requirements as outlined in a "proposed content". Page 12 of 37 r) Relation of City: It is the intent of the parties hereto that the successful proposer shall be legally considered an independent contractor and that neither he/she or his/her employees shall, under any circumstances, be considered servants or agents of the City, and that the City shall at no time be responsible for any negligence on the part of said successful proposer, his/her servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm or corporation. s) Taxes: The City of Opa-locka is exempted from Federal Excise and State of Florida Sales Tax. The State Sales and Use Tax Certificate Number is Li-M.5275ut34-54C. t) Terms: All terms, conditions, and provisions of the contract must be strictly observed in addition to the general conditions herein described. u) Additional Information: Questions regarding these specifications must be in writing and submitted to: Rose McKay Purchasing Officer 780 Fisherman Street, Fourth Floor Opa-locka, FL 33054 Telephone No. (305) 953-2868 Email: rmckay @opalockafl.gov Should any questions or responses require revisions to the specifications as originally published, such revisions will be by formal amendment only. 6. Special Conditions: Any person submitting a proposal or proposal in response to this invitation must execute the enclosed form, SWORN STATEMENT UNDER SECTION 287.133 (2)(A), FLORIDA STATUTES ON PUBLIC ENTITY CRIME, including proper check(s) in the space(s) provided, and enclose it with this proposal. Corrections to the form will not be allowed after the proposal or proposal opening date. Failure to complete this form in every detail and submit it with your proposal will result in immediate disqualification of your proposal. ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR SOLID WASTE PROGRAM 6. Description of Work: Page 13 of 37 Areas and Amount of Waste: The contractor shall provide solid waste collection services and disposal with the City limits of Opa-Locka. a) Contractor Responsibilities: The contractor shall provide at his own expense, all labor, supervision, machinery and equipment, plant building truck and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. b) Protection of Adjacent Property and Utilities: The contractor shall conduct its work in such a manner as to avoid damage to adjacent private or public property and shall repair or pay for any damage incurred through its operations. The contractor shall take cognizance of all existing utilities and it shall immediately repair or have repaired at no additional cost to the owner or any breakage or damage caused by its operation. c) Spillage: The contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-ways wherein the collection shall occur. The contractor may refuse to collect any solid waste that has not been placed in a respectable area, as provided herein. During hauling, all solid waste shall be contained and/or tied. Spillage caused by the contractor: the contractor shall promptly clean up all spillage. d) Compliance with City Ordinances: Not withstanding any provision contained herein, contractor shall fully comply with all of the requirements and provisions of the City of Opa-Locka, and the rules and regulations of the City applicable to the collection of waste and other applicable laws. e) Roll-Out Garbage Can Service Contractor will provide the twice-weekly Roll- out Solid Waste Collection Service utilizing Roll-out Garbage Cans with capacities of ninety-six (96) gallons. Under this option, contractor will deliver one (1) ninety-six (96) gallon Roll-out Garbage Can for pick-up to each single- family residence. Contractor will subsequently pick up only that solid waste that is contained within each customer's Roll-out Can twice weekly on customer's regularly scheduled pick up days. The specific brand of Roll-out Garbage Can will be left to the discretion of the proposer; however the City is requiring that the container be green in color, approved by the City, and have the City's name or logo printed on the container. The contractor will be responsible for the initial purchase, inventory and distribution of Roll-out Garbage Cans for all single- family residences serviced under this contract, as well as additional units required due to the construction of additional single-family dwellings in the City. Page 14 of 37 Replacement Roll-out Garbage Cans for those that are lost, stolen, damaged, or otherwise unusable through no fault of contractor shall be invoiced to the City as indicated in contractor's price proposal. Residents desiring more than one Roll- out Garbage Can shall make such requests to City and contractor will make such additional Roll-out Garbage Cans available to the City for its residents at the cost indicated on the price proposal. Upon termination of the Contract, all Roll-out Garbage Cans in the possession of service units shall remain the property of the contractor. Contractor's price proposal shall also include the cost for providing Roll-out Garbage Cans with the ninety-six (96) gallon capacity with automated service i.e. on'-aim bandit apparatus or the equivalent thereof as specified in Exhibit "B". The commercial waste services must include pricing for the following: Pickup/VVk 1YD 2YD 4YD 6YD 8YD 1X 2X 3X 4X 5X 6X 7X The bidder must submit pricing for 10YD, 20YD, 30YD, and 40YD roll offs. • Areas and Amount of Waste: The contractor shall provide commercial solid waste collection services and disposal with the City limits of Opa- locka. The contractor will be responsible for the billing and collection of solid waste fees from customers. • Contractor Responsibilities: The contractor shall provide at his own expense, all labor, supervision, machinery and equipment, plant building truck and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. • Code Enforcement on Commercial Establishments: In the event a commercial establishment terminates contractor's service or fails to pay for the service and its service is stopped by the contractor, contractor shall notify the City of Opa-locka, and the City of Opa-locka shall ensure that a code enforcement officer visits the commercial establishment to enforce the City Ordinance. Page 15 of 37 8. License, Inspection Enforcement: a) License to Operate: Upon award of the contract, the City will issue a license to contractor to engage in all waste collection from establishments within the City and to service these establishments in collecting garbage waste and trash service in accordance with the provisions of the ordinance of the City of Opa- locka, and the contract and the rules and regulations of the City applicable to the collection of waste. Contractor agrees to comply fully with all the aforesaid requirements and provisions of the ordinances of the City of Opa-Locka, this Agreement and the rules and regulations of the City applicable to the collection of waste. b) Vehicle Permits and Inspection: Contractor shall be required to have valid permits for each collection vehicle. Each vehicle shall display said permit in a prominent and easily visible location. All vehicles should be properly inspected by the appropriate governmental agencies and by the City. The Public Works department of the City shall inspect all vehicles for safety, cleanliness and proper licensing, etc., as may be necessary. Each vehicle operated within the City by contractor shall be conspicuously marked on both sides of the vehicle in stenciled letters in an area of not less than thirty inches (30") by fourteen inches (14") with the following information: City of Opa-Locka License Number Contractor's Name c) Contractor Failure: If the City determines that contractor has failed to comply with any of the provisions of this paragraph it shall notify contractor, in writing, by certified mail, and demand that contractor cause the violation to be remedied within the prescribed time. If the violation has not been remedied, the City Manager shall proceed to revoke the contract of the contractor. 9. Storm Conditions and Force Maieure: a) Storm: In case of a storm, the City Manager and his or her designee may grant the contractor reasonable variance from regular schedules and routes. As soon as practicable from such storm, the contractor shall advise the City Manager and the customer of the estimated time required before regular schedules and route can be resumed. In case of a storm where it is necessary for the contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the storm, the contractor shall be required to work with the City in all possible ways for the efficient and rapid clean up of the City. The contractor shall receive extra compensation above the Contract Agreement for additional men, overtime, and cost of rental equipment, provided he has first secured written authorization from the City Manager or his/her designee. The total cost for such services shall be based on rates jointly agreed to by the City Manager or his/her designee and the contractor. Page 16 of 37 b) Force Majeure: The performance of any act by the City or contractor may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by Acts of God, the elements, war, rebellion, strikes, lockouts, or any other cause beyond the reasonable control of such party, provided, however, that if the condition of Force Majeure exceeds a period of thirty (30) days the City at its option or discretion, cancel or renegotiate this contract. RTICLE IBI QUALITY OF SERVICE 10. Contractor's Personnel: a) Quality of Work: In accordance with City ordinances, contractor shall be the sole entity permitted to collect waste from establishments and non- units within the City. All work relevant to the collections contemplated in RFP shall be performed as scheduled in a workman-like manner. Upon completing each collection hereunder, contractor shall properly replace all dumpsters and containers and leave the premises so serviced in a litter-free and sanitary condition. b) Contractor's Officer(s): The contractor shall assign a qualified person or persons to be in charge of the operations within the service area. The contractor shall give the names of these persons to the City. Information regarding the persons experience and qualifications shall also be furnished. Supervisory personnel must be available for consultation with the City Manager and/or customers within a reasonable, practicable time after notification of a request for such consultation. The supervisors shall operate a vehicle, which is radio equipped. c) Conduct of Employees: The contractor shall see to it that its employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular pedestrian walkway while on private property. No trespassing by employees or crossing property of neighboring premises will be permitted unless owners of both such properties give permission. Care shall be taken to prevent damage to property including cans, carts, racks, trees, shrubs, flowers and other plants. Page 17 of 37 d) Employees' Uniform R-gulatiins: The contractor's solid waste collection employees shall wear a uniform or shirt bearing the company's name. The contractor shall furnish to each employee an identification badge, with numbers and letters at least one-half inch (1/2") high, uniform in type. Employees shall be required to wear such badge while on duty. Lettering stitched on or identifying patches permanently attached to uniform shirts and jackets will be acceptable. The contractor shall keep a record of employees' names and numbers assigned. e) Compliance with State, Federal and Municipal Laws: The contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of empioyees, now or hereafter in effect. f) Fair Labor Standards Act: The contractor is required and hereby agrees by execution of this contract, to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act as amended and changed from time to time. g) License Requirement: Each vehicle operator shall, at all times, carry a valid driver's license, for the type of vehicle that is being driven. h) Safety Training: The contractor shall provide operating and safety training for all personnel. i) Equal Employment: No person shall be denied employment by the contractor for reasons of race, sex, national origin, creed, age, physical handicap, religion or sexual preference. 11. Contractor's Office: a) Local Office: The contractor shall provide, at its expense, a suitable office located within Miami-Dade County with telephone service available to Opa-locka where complaints shall be received, recorded, and handled during normal work hours of each week and shall provide for prompt handling of emergency complaints and all other complaints or calls. b) Customer Complaints: In the event the City receives any customer complaints relating to services rendered by contractor, said reports shall be forwarded to contractor who shall have ten (10) days from receipt thereof to resolve the matter with the customer. If the matter is not resolved, contractor shall within five (5) days thereafter, deliver to the City Manager a status of the complaint, its efforts made to resolve the complaint and why it was not resolved. Page 18 of 37 ARTICLE IV CH:A;RGES, RATES AND LEVEL OF SERVICE 12. Charges, Rates and Level of Service: a) Rates and Charges for Service: Contractor shall submit proposed prices to be charged to establishment on the matrix attached as Exhibits "A" and "B". Prices must include franchise fee for proposal and discuss reasons for suggesting franchise fee rate. Proposers failing to submit rates for any items on Exhibits "A" and "B" as indicated shall be deemed non-responsive by the City. In addition to the franchise fee, the contractor shah pay the following: i. On a one-time basis, the sum of Six Thousand Dollars ($6, 000.00) for the right to be a non-exclusive contractor for commercial solid waste services within the City. ii. On a one-time basis, the sum of One Thousand Five Hundred Dollars ($1 ,500.00) for the right to provide Specialized Waste Handling Services with the City. iii. On a one-time basis, an amount of one hundred dollars ($1 00.00) for each amount contracted for Commercial Solid Waste Services within the City of which of which Fifty Dollars ($50.00) may be passed on to the commercial business. This fee shall not be transferable. iv. A Temporary Roll-Off Container Permit Fee in the amount of Seventy-Five Dollars ($75.00) per account, for each temporary (not to exceed ninety (90) days) roll-off container(s) utilized by contractor in the course of its provision of construction, renovation and demolition material collection and disposal. b) Unusual Costs: The parties recognize and understand that there may be a need to adjust the rates for service charges during the term of the contract for unusual changes in costs. It is therefore agreed that contractor may petition the City Commission for a change in the schedule rate. Except for the first (1St) year of service, Contractor shall provide any proposed unusual cost related rate changes to the City no later than the first day of June, to be effective with the City's fiscal year beginning on the first day of October of the same year. Page 19 of 37 c) Tipping Fee L.djustment: The City shall permit an adjustment to rates in the form of a pass-through of any increase or decreases in "tipping fees" charged by Miami-Dade County for disposal of waste collected in the City, in relation to the amount that a change in the "tipping fees" affects the total rate structure of monthly charges. Contractor shall submit notice to the City thirty (30) days prior to any request that rates be adjusted as a result of increased "tipping fees". Contractor shall include in said notice sufficient documentation, accounting and calculations necessary for the City to determine the amount of the adjusted increase or decrease in rates billed to the City. The City Commission shall provide approval in writing within thirty (30) days of the city's receipt of notice from the contractor. The City Commission's approval shall be retroactive to the date that contractor must pay the increase in "tipping fees". d) CPI Adjustment: The monthly schedule for each year after the first year shall be subject to an increase based on the calculation of current rate multiplied by the percentage change in the Consumer Price Index (CPI) for all urban consumers, Miami, all items or successor reports as issued by the United States Department of Labor Statistics, for twelve (12) months average through March 31 of the preceding year on this anniversary thereafter. ARTICLE V MISCELLANEOUS 13. Subcontractors: Subcontractors will not be permitted under the terms of the Contract unless approved by the City. 14. Bonds and Sureties: a) Proposed Security: Each proposal must be accompanied by a cashier's check, certified check or proposal bond in the form attached to these specifications payable to the City of Opa-Locka in the amount of Ten Thousand Dollars ($10,000.00). The proposal security will be forfeited if the successful proposer fails to execute the service of the contract with the City within fifteen (15) days after notification of award of the contract. The City shall within ten (10) days after the opening of the proposals, return the proposal securities of all proposers except those posted by the two (2) highest ranked proposers, whose proposal securities will be returned upon the final award and execution of the contract between the successful proposer and the City, and after proof of insurance, and/or a performance bond as specified herein has been received by the City. Page 20 of 37 b) Performance =ond: The contractor shall furnish a performance bond in the form attached to this specification as security for performance of this contract with the City of Opa-Locka. The performance bond will be fifty percent (50%) of the anticipated annual revenues as calculated at award and adjusted yearly on the anniversary date of this contract, to remain in force for the duration of this contract. The premium for the bond described above shall be paid by the contractor. This bond shall be written by a surety company licensed to do business in the state of Florida, and shall be submitted to the City prior to initiating the work. c) Requirements as to Surety: The surety of sureties shall be a company or companies satisfactory to the City. Any surety shall be duly licensed to conduct business in the State of Florida. 15. Insurance: a) fr surance Required: Contractor shall obtain through self-insurance or through a carrier the following types of insurance in the amount as hereinafter set forth and shall furnish copies of the original insurance policies to the City with a certificate of insurance for all policies written in contractor's name. The certificates of insurance shall be furnished, within thirty (30) days, written notice by registered mail, prior to cancellation or a material change in any policy. Termination of insurance coverage shall automatically terminate the right of contractor to operate within the City. The insurance required to be maintained by contractor is as follows: 1. Workers Compensation: Contractor shall carry, with a company authorized under the laws of the State of Florida, a policy to protect against liability under the Workers Compensation and Occupational Diseases of the State of Florida. 2. Automobile Liability Insurance: Contractor shall carry, in its own name, a comprehensive policy to insure the entire automobile liability of its operations with limits not less than One Hundred Thousand Dollars ($100,000.00) each accident for property damage liability per vehicle. In addition to the above insurance there must be excess coverage to at least One Million Dollars ($1,000,000.00). 3. General Liability: Contractor shall carry, in its own name, a comprehensive liability policy for its operations other than automobile with limits of at least One Hundred Thousand Dollars ($100,000.00) for each accident bodily injury liability, and Fifty Thousand Dollars ($50,000.00) each accident for property damage liability. Page 21 of 37 4. Liability of the City: The above insurance requirements shall not be construed as imposing upon the City, or any official or employee, any liability or responsibility for damages to any person injured or any property damaged by contractor and contractor shall indemnify and hold City harmless from and against any liability, cost, suit, money, damages and attorney's fees relating thereto. Page 22 of 37 „,.-- ,,O 9 O i `ariL,. CITY OF OPA-LOCKA CERTIFICATION REGARDING DEBARMENT,SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OFRESPONSIBILITY 1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. Have uvL, „vi in a three: year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals,” for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment,and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Proposer's responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer non-responsive. D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 23 of 37 E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS CONSULTANT COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 24 of 37 PERM- .0 E E;ON I KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called "Contractor", and as Surety, hereinafter called "Surety", are held and firmly bound unto the City of Opa-locka, Florida, as Obligee, hereinafter called "City" in the amount of Dollars ($ .00) for the payment whereof Contractor and Surety bind their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a contract with City for: PROPOSAL NO. in accordance with terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Contractor, specified, or shall pay over, make good and reimburse to the above Obligee, all loss and damage which said Obligee should be null and void; otherwise shall remain in full force and effect, subject however, to the following conditions: A. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. B. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators, or successors of the Obligee. END OF BOND DOCUMENT SIGNATURES FOR PERFORMANCE BOND BEGIN ON THE NEXT PAGE Page 25 of 37 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials on the day of , 200 . WITNESS: PRINCIPAL (if sole Proprietor or Partnership) (Firm Name) By: Title: (Sole Proprietor or Partner) PRINCIPAL (if Corporation) (Corporate Name) ATTEST: (Secretary) By: (President) (Corporate Seal) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OR SURETY: SURETY: By: (Copy of agent's current license as Issued by State of Florida Insurance Commissioner shall be attached hereto) Page 26 of 37 CE-a TIFICATE . S CORP*RATE PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that , who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and on behalf of said Corporation by authority of its governing body. (Corporate Seal) (Secretary) F CKNOWLEDOENIE T OF , TTORNEY-Ili-F CT SURETY STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared , who says that he is the Attorney-In-Fact or the , (Surety) and that he has been authorized by the Surety to execute the foregoing bond on behalf of the Surety named therein favor of the City of Opa-locka, Florida. Said person is , personally known to me, or has produced (specify type of identification, i.e. driver's license and number, state of issue, etc) and who , did take an oath, or , did not take oath. WITNESS my hand and official seal, at the County and State aforesaid, on the date and year aforesaid. (Attach Power of Attorney) Notary Public, State of Florida-at-Large My Commission Expires: Page 27 of 37 BIDDER II F•kRMATIO F FR'�i All information supplied in connection with this form is subject to review and verification. Any and all determinations concerning this information will be used to determine eligibility for participation in the award. Inaccurate or incomplete answers may result in your Bid being deemed as "Non-Responsive." (1) How many years has your organization been in business under your present business name years (2) State of Florida occupational license type and number: (3) County (state county) occupational license type and number: (4) City of Opa Locka occupational license type and number: (A CITY OF OPA LOCKA OCCUPATIONAL LICENSE IS NOT NECESSARY UNLESS THE BUSINESS IS LOCATED WITHIN THE CITY OF OPA LOCKA) BIDDERS MUST INCLUDE A COPY OF EACH LICENSE LISTED WITH PROPOSAL (5) Describe experience providing these products and services for similar (government) organizations: (6) Have you ever had a contract terminated (either as a prime contractor or sub- contractor,) for failure to comply, breach, or default? yes no (IF YES, PLEASE ENCLOSE A DETAILED EXPLANATION ON SEPARATE SHEET) Page 30 of 37 ADDER'S SCL• SURE OF SUH C• hir- ;cTi RS9 SUBCO SULT , TS, AiTt SUPPUERS Please list all Subcontractors, Sub-consultants, and Suppliers to be used in connection with performance of the Contract. (Use additional pages, if necessary): Company Name: Address: City, State, & Zip Code: Company Name: Address: City, State, & Zip Code: Company Name: Address: City, State, & Zip Code: Page 31 of 37 ANTI-KICKBACK AFFl STATE OF FLORIDA } } SS: COUNTY OF BROWARD } I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Opa-locka, its elected officials, and or its design consultants, as a commission, kickback. reward or gift. directly or indirectly by me or any member of my firm or by An officer of the corporation. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR BI NON-RESPONSIVE Page 32 of 37 �o�Ma CITY OF OPA-LOCKA ° �`°� NON-COLLUSION AFFIDAVIT t Y! a -7:-% 4!....-.4.-°- °40..•.46°i STATE OF FLORIDA- COUNTY OF MIAMI DADE being first duly sworn, deposes and says that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the PROPONENT that has submitted the attached proposal; (2) He/She/They is/are 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 PROPONENT nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other PROPONENT, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPONENT, fig n, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other PROPONENT, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (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 PROPONENT or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title Date Page 33 of 37 ' oP,,•:00k4. ( O I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations, activities or delivery of services under any agreement it enters into with the City of Opa Locka. The same shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot he lawfully used as a basis for service delivery. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR BID NON-RESPONSIVE Page 34 of 37 BUSII ESS/VEND•R P1RiFILC SURVEY Name of =usiness: Address: Phone Mo.: Contact Person (Regarding This For, i): Type of Business (check the appropriate type): ❑ CONSTRUCTION SERVICES - Firms involved in the process of building, altering; repairing, improving or demolishing any structure, building or real property. ❑ ARCHITECTURE AND ENGINEERING (A&E) SERVICES - Firms involved in architectural design, engineering services, inspections and environmental consulting (materials and soil testing) and surveying. • PR"-FESSIONAL SERVICES - Includes those services that require special licensing, educational degrees, and unusually highly specialized expertise. ❑ BUSINESS SERVICES - Involves any services that are labor intensive and not a construction related or professional service. ❑ COMMODITIES - Includes all tangible personal property services, including equipment, leases of equipment, printing, food, building materials, office supplies. A Small Disadvantaged usiness Enterprise (SDBE) is defined as a small business concern that is at least fifty-one (51) percent beneficially owned and which is routinely managed by one or more of the following (Please identify your respective SDBE category): African-American Hispanic Asian-Indian American Asian-Pacific American Native American Any Woman not included among the aforementioned categories FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE RFP NO: 12-XXXX CITYWIDE SOLID WASTE(COMMERCIAL AND RESIDENTIAL)COLLECTION AND DISPOSAL EXHI IT "A." Price proposal Proposed rates for both options ab.ve are inclusive f collection and disposal fees. Pr. vide detail price proposal with breakdown for residential and ci mmercial services. Please provide detail price proposal on Company Letterhead RFP NO: 12-XXXX CITYWIDE SOLID WASTE{COMMERCIAL AND RESIDENTIAL)COLLECTION AND DISPOSAL EXHldiT "B" Price Pro posal Prop•tsed rates for •ption above are inclusive of collecti:•n and disp s :l fees. Provide detail price propis= l including =?uIky Waste/Illegal Waste services. Please provide price proposal on Company Letterhead RFP NO: 12-XXXX CITYWIDE SOLID WASTE(COMMERCIAL AND RESIDENTIAL)COLLECTION AND DISPOSAL