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HomeMy WebLinkAboutVIII Evaluation Committee- Responses to RFP for Residential Yard and Bulky Waste ACE':UA I2-n2-q7 Item VTI1 "CC,N7fili OF GOOD I.II!NG-PRIDE OF WEST OR.1.1OE S. SCOT I VANIIDRGRIFT Ocoee o` p CITY OFOCOEE C �NYHONERS �� N. OWE UANN .1 150 N LAKESHORE DRIVE SCOTT ANDERSON WW SCOFF A.GLASS p OCOEE, FLORIDA 34761-2258 r}. ) (5 (407)656-2322 NANCY J.PARKER �l 4� CITY MANAGER F4�f G110�N` ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Wanda B. Horton, Finance Directorcdf S DATE. December 1, 1997 RE: Evaluation Committee- Responses to RFP for Residential Yard and Bulky Waste A Request for Proposal (RFP) has been duly advertised for Residential Yard and Bulky Waste collection for the City. The Evaluation committee will consist of staff appointed by the City Manager and a City Commissioner appointed by the City Commission. A mandatory pre-proposal conference for all potential responders is scheduled for December 16, 1997 at 10:00 a.m.. Members of the Evaluation committee are urged to attend. The deadline for proposal submittal is January 7, 1998 at 10:00 a.m.. Proposals will be opened shortly thereafter. A copy of the RFP is attached. Action Requested Staff respectfully requests that the City Commission select a representative to serve oil the Evaluation Committee. CITY OF OCOEE RFP NO. 98-02 REQUEST FOR PROPOSALS (RFP) FOR: RESIDENTIAL YARD AND BULKY WASTE COLLECTION AND DISPOSAL SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN WEDNESDAY,JANUARY 7, 1998 AT 10:00 AM, LOCAL TIME CITY OF OCOEE ATTN: CITY BUYER 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761-2258 PHONE: (407) 656-2322, EXT. 143 TABLE OF CONTENTS I. OVERVIEW AND PROPOSAL PROCEDURES II. PROPOSAL FORMAT III. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION IV. SCOPE OF CONTRACT SERVICES V. GENERAL INSURANCE CONTRACT PROVISIONS VI. INSURANCE TERMS AND CONDITOINS VII. PERFORMANCE BOND CONDITIONS VIII. PERFORMANCE BOND FORM IX. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED 2 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND "[he City is seeking a contract for residential yard and bulky waste collection and disposal within the corporate limits of the City of Ocoee. The City has, in the past. performed these functions; however, due to escalating costs, to continue these services, the City now feels it is necessary to solicit for contractual services to render these services. A mandatory pre-proposal conference will be held on Tuesday, December 16, 1997, at 10:00 A.M. in the Commission Chambers at Ocoee City Hall, 150 North Lakeshore Drive, Ocoee, Florida. Questions concerning this Request for Proposal will be answered at the pre-proposal conference. Questions must be in written format on the forms included in this package and will be available at the pre-proposal conference. B. PROPOSAL SUBMISSION A signed original and five copies of the complete proposal must be received by Wednesday,January 7, 1998, by 10:00 AM, Local Time. The original and all copies must be submitted to the City Buyer in a sealed envelope or container stating on the outside the Proposer's name, address, telephone number, REP number and title, and proposal due date and time. The responsibility for submitting a response to this REP to the City Buyer on or before the stated time and date will be solely and strictly that of the Proposer. The City will in no way he responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Proposals received after the proposal due date and time will not be accepted and will not be considered and will be returned to the Proposer unopened at the Proposer's expense. C. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is the City Buyer at (407) 656-2322, ext. 156. Proposers are advised that from the date of release of this RFP until award of the contract, no contact with City Personnel, including members of the City Commission, related to this RFP is permitted except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the Proposer's submittal. Requests for additional information or clarifications must be made in writing to the City Buyer. Requests by facsimile will be accepted at(407) 656-7835. 3 The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the RFP due date. Proposers should not rely on any representations, statements, or explanations other than those made in this RFP or in any written addendum to this RFP. Proposers are required to acknowledge the number of addenda received as part of their proposal. The Proposer should verify with the City Buyer prior to submitting a proposal that all addenda have been received. D. PROPOSAL GUARANTY All proposals must be accompanied by a proposal guaranty, payable to the City of Ocoee, in the form of a cashier's check, or proposal bond in the amount of $10,000.00. Failure by a Proposer to honor its proposal and, if selected, to enter into a contract, execute all contract documents and submit all required insurance and performance bond, within the time stated, shall cause the proposal guaranty submitted with the proposal to be forfeited. Any proposal which is not accompanied by the required proposal guaranty shall be considered non-responsive and ineligible for award. The proposal guaranty of the successful Proposer will be returned to it upon execution of all required contract documents and City approval of any required insurance certificates or bonds. Proposal guaranties submitted by other than the successful Proposer will be returned to them after the successful Proposer has completed the foregoing but in no event later than 75 days after the proposal due date. E. MODIFICATION/WITHDRAWAL OF PROPOSAL A Proposer may submit a modified proposal to replace any or all of a previously submitted proposal until the proposal due date and time. Modifications received after the proposal due date and time will not be accepted or considered. Proposals shall he irrevocable until contract award and execution of all required contract documents by the successful proposer unless the proposal is withdrawn in writing prior to the proposal due date or upon expiration of seventy five (75) calendar days after the proposal due date. Letters of withdrawal received after the proposal due date will not be considered. F. RFP POSTPONEMENT/CANCELLATION/REJECTION The City reserves the right to waive any informalities or irregularities in Proposals, to request clarification of information submitted in any Proposal, to request additional information regarding Proposals, to further negotiate any Proposal. or to reject any or all Proposals, and to readvertise for Proposals. The City also reserves the right to extend the date and time period during which it will accept Proposals and to extend 4 the date or time scheduled for opening of Proposals. Award, if made, will be to the responsible and qualified Proposer whose Proposal is responsive to this Invitation and is in the best interest of the City based on the factors set forth in this Request and City ordinances. G. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne by the Proposer(s) and not be reimbursed by the City. H. CLARIFICATIONS AND EXCEPTIONS Clarifications or exceptions to the Request for Proposal shall be indicated on a separate sheet labeled "Clarifications and Exceptions to Request for Proposal". If you have clarifications and exceptions, indicate if you will enter into a contract as prepared by the City if the City does not accept any changes requested. I. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this REP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law." J. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected Proposer and if the City and the selected Proposer cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with the next selected Proposer. This process will continue until a contract has been executed or all Proposals have been rejected. No Proposer shall have any rights in the subject property or against the City arising from such negotiations. K. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal. State. and Local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all other EEO regulations and guidelines. Ignorance on the part of the Proposer will in no way relieve it from responsibility. 5 L. CONFLICT OF INTEREST The award of this RFP is subject to provisions of State Statutes and City Ordinances. All Proposers must disclose with their Proposal the name(s) of any officer, director, or agent who is also an employee of the City of Ocoee. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10) percent or more in the Proposer or any of its affiliates. M. PROPOSER'S RESPONSIBILITY Before submitting proposal, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Proposer. Proposals which have erasures or corrections must be initialed in ink by the Proposer. N. RELATION OF CITY It is the intent of the parties hereto that the successful Proposer shall be legally considered to be an independent contractor and that neither the Proposer nor the Proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. O. TIME COMPUTATION Whenever any act is required to be done by a date that falls on a Saturday, Sunday, or holiday, the deadline will be automatically extended to the next business day. The holidays referred to in this section are: Thanksgiving Day, Christmas Day, Day after Christmas,New Year's Day, and Martin Luther King, Jr. Day. SECTION II -PROPOSAL FORMAT Proposals must contain the below enumerated documents, each fully completed and signed as required. Proposals which do not include all required documentation or are not submitted in the required format, or which do not have the appropriate signatures on each documents, may be deemed to be non-responsive. Non-responsive proposals will receive no further consideration. 6 • A. CONTENTS OF PROPOSAL 1. Table of Contents - Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Technical Proposal - Provide a narrative which addresses the scope of work, the proposed approach to the work, the schedule of work, and any other information called for by the RFP. 3. Price Proposal - State Proposer's total offering price, including the cost for providing each component of the required services. The prescribed format for the price proposal is appended and shall be used. 4. Qualifications - The minimum qualification requirements for this REP are described below. Proposers must provide documentation which demonstrates their ability to satisfy all of the minimum qualification requirements. Proposals which do not contain such documentation may be deemed non-responsive. 5. Acknowledgment of Addenda and Proposer Information Forms 6. Any other document required by this REP such as the Questionnaire or Proposal Guaranty. B. MINIMUM REQUIREMENTS Proposers must have a minimum of three years of prior experience in providing similar services to a municipality of similar size in terms of number and type of accounts. Taking special note of the criteria for evaluation set forth below, Proposers shall include a statement of the number of years of their prior experience, their financial stability, their references on contracts of similar size and scope, their level of technical knowledge, educational degrees, and certifications obtained; the number and description of the equipment they will use to perform their obligations under the Contract, the age and condition of that equipment, the personnel and procedures they will use to perform their obligations under the Contract, and any other factor relevant to the evaluation of their proposal. 7 SECTION III- EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued 2. Receipt of Proposals 3. Opening and listing of all proposals received 4. An Evaluation Committee appointed by the City Manager and a City Commissioner selected by the City Commission shall evaluate each Proposal in accordance with the requirements of this REP. If further information is desired, proposers may be requested to make additional written submissions. oral presentations and/or site evaluations before the Evaluation Committee makes its recommendation to the Commission. 5. 'Ihe City reserves the right, following receipt of the proposals, to request that any Proposer submit a current Financial Statement. 6. The Evaluation Committee shall recommend to the Commission the proposal(s) acceptance of which the Evaluation Committee believes to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors, weighted as follows: a) Cost to the City: 0-40 points b) Ability to provide high-quality service to the City's residents, as evidenced by type and amount of equipment, personnel, and procedures: 0-30 points c) Prior experience in the industry and prior service to City or to other groups of residents in a high-quality manner: 0-15 points d) Financial condition and stability of the Proposer and financial outlook for the Proposer for the term of the contract: 0-15 points The Evaluation Committee will use the Evaluation Form attached to this REP. 7. the City Commission shall consider the Evaluation Committee's recommendation and if appropriate, approve the recommendation. The City Commission may reject the Evaluation Committee's recommendation and select another proposal. In any case, City Commission shall select the proposal acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8 8. The City will then negotiate with the selected proposer to finalize a contract. If the City Commission has so directed, the City may proceed to negotiate a contract with a Proposer other than the top-ranked Proposer if the negotiations with the top-ranked Proposer fails to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract is presented to the City Commission for approval. modification and approval, or rejection. IMPORTANT NOTE: By submitting a Proposal, all Proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall he created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. SECTION IV - SCOPE OF CONTRACT SERVICES GENERAL INFORMATION I. LIAISON BETWEEN CITY AND CONTRACTOR All dealings, agreements, notices. and payments between the Contractor and the City shall he directed by the Contractor to the Public Works Director or the City Manager's designee. 2. COMMENCEMENT OF WORK The work outlined in these specifications shall commence immediately upon receipt of a Notice to Proceed. 3. TERM 3.1. The term of the Contract shall be for the period beginning thirty (30) days from date of award unless contractor elects an earlier date and ending one year from this date, subject to the option to extend as set forth below. 3.2. The city shall have the option, at its sole discretion, to renew this Contract for one additional two-year term by giving written notice of renewal at least sixty (60) days prior to the end of the initial term. 4. DEFINITION OF TERMS The following terms shall have the following meanings: 9 4.I.Authorized Representative: The employee or employees designated by the City Manager to represent the City in the administration and supervision of this Contract. 4.2.Proposer: Any person, firm, corporation, organization, or entity submitting a proposal for the work performed. 4.3.City: City of Ocoee, Florida, and its authorized representatives. 4.4.Contract or Agreement: The contract executed by the City and the Contractor for the performance of the work. The Contract shall contain substantially the terms provided herein. 4.5.Contractor or Vendor: The person, firm, corporation, or entity with whom the City has executed a contract for performance of the work and its duly authorized representative. 4.6.Disposal Costs: The "tipping fees" charged to the Contractor for disposal of the yard and bulky waste collected by the Contractor. 4.7.Garden and Yard Waste: Any and all accumulations of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps, and other similar items generated by the maintenance of lawns, shrubs, gardens. and trees. Waste generated by tree surgeons or contract landscapers or lawn maintenance services is not Yard Waste. 4.8.Household Furniture: All movable compressible articles or apparatus, such as chairs, tables, sofas, mattresses, etc., for equipping a house. 4.9.Landfill: Any solid waste land disposal area for which a permit, other than a general permit, is required by S.403.707, Florida Statutes, that receives solid waste for disposal in or upon land other than a land-spreading site, injection well, or a surface impoundment. 4.10.Mechanical Container: Any detachable metal container designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by the Contractor. 4.11.Multiple Dwelling Units: Any building containing two (2) but not more than four (4) permanent living units, not including motels and hotels. Buildings containing over four (4) living units are classified as commercial accounts unless service of a different nature is approved by the City Manager. 4.12.Performance Bond: The form of security approved by the City and furnished by the Contractor as required by the Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. I0 4.13.Residence: (Single Family) A detached building designed for or occupied exclusively by one family. 4.14.Waste Regulations: Regulations prescribed by the City together with such administrative rules, regulations, and procedures as may be established for the purpose of carrying out or making effective the provisions of the Contract. 4.15.Remodeling and home Repairs Waste: Materials accumulated by the homeowner or tenant during the course of a self-performed improvement project, prepared in lengths not to exceed five(5) feet or forty (40) pounds in weight. 4.16.Residential Service: the waste collection service provided to persons occupying residential dwelling units who are not receiving commercial service. 4.17.Solid Waste Disposal Facility: Any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 4.18.Special Waste: Solid wastes that can require special handling and management including, but not limited to, asbestos, whole tires. used tires, used oil, lead-acid batteries. and biological wastes. 4.19.Specifications: Directions, provisions, and requirements contained in the Request for Proposals, together with any written contract made or to be made setting out or relating to the methods and manner for the work to be carried out. 4.20.White Goods: Inoperative and discarded refrigerators, ranges, water heaters, freezers. small air conditioning units, and other similar domestic and commercial large appliances. 4.21.Yard Waste - Regular: Vegetative matter resulting from yard and landscaping maintenance, including materials such as tree and shrub trimmings, grass clippings, palm fronds. or small tree branches. Such waste shall typically be bundled or placed in containers which are susceptible to normal loading and collection as other residential solid waste. 4.22.Yard Waste - Bulk: Large cuttings or vegetative and wood matter which are part of normal yard maintenance which cannot be cut for placement in a container, bag, or bundle due to the material exceeding the weight and size restrictions for regular yard waste. Bulk yard waste shall be of a type as to be readily handled by the mechanical equipment of the Contractor. Bulk yard waste does not include any form or matter or debris resulting from tree removal, land clearing, land development, building demolition or home improvement. This must be scheduled by the Contractor twice per year. 4.23.Special Pick Ujs: The collection of discarded white goods and other non yard waste items. Charges are determined by the quantity picked up i.e.-appliances $10.00, box springs and mattress set$15.00 SERVICES TO BE PERFORMED BY CONTRACTOR 5. DESCRIPTION OF WORK 5.1. the Contractor shall collect all yard waste from all single-family homes and multi- family units under common ownership within the corporate limits of the City. The city currently services approximately 6,700 accounts. Approximately 45 new residential customers are added monthly. Currently, no solid waste services are provided on July 4th, Labor Day, Thanksgiving Day or Christmas Day. 5.2.Frequency of Collection: The Contractor shall collect yard waste from residences within the City at least one (1) time per week on the scheduled pick-up day of each week. The City will be responsible for establishing program and public information. Special pick-ups are collected weekly after receiving notification from the City. 5.3.Hours of Collection: Collection shall begin no earlier than 7:00 AM and shall cease no later than one half hour after sundown, provided that in the event of an emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph. following approval by the City Manager. 5.4.Point of Pick-up of Yard Waste: Collection of yard waste shall be at curbside. 5.5.Preparation of Yard Waste for Collection: The Contractor shall pick up all yard waste generated from residential units which has been properly prepared and stored for collection as follows: Yard Waste - Regular placed adjacent to the pavement or traveled way of the street in containers or bundles shall be collected at least one day per week. Palm fronds and bulky tree debris from trees on the swales shall he picked up as is. Non-containerized Yard Waste and Yard Waste-Bulk will be collected by the Contractor on a scheduled basis at no additional charge. Such service shall be provided twice per year. In the event of a dispute between the Contractor and a customer as to what constitutes bulky yard waste, the situation will be reviewed and decided by the City Public Works Director, whose decision shalt be final. 12 5.6.Method of Collection of Yard Waste: The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any yard waste spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor and shall not he bent or otherwise abused. Containers shall he thoroughly emptied and then left at the proper point of collection. Plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart, or enclosure of any kind shall be turned upright to such rack, cart, or enclosure with lids placed securely and properly on the top of said receptacles. QUALITY OF SERVICE 6. CONTRACTOR'S PERSONNEL AND EQUIPMENT 6.l.Contractor's Officer(s): The Contractor shall assign a qualified person or persons to be in charge of the operations within the City. The Contractor shall give the name(s) of the person(s) to the City. Information regarding the person's experience and qualifications shall also be furnished. Supervisory personnel must be available for consultation with City staff within a reasonable and practicable time after notification of a request for such consultation. The supervisor (s) shall operate a vehicle which provides mobile communication for immediate contact with City Staff. 6.2.Conduct of Employees: The Contractor shall see to it that their employees serve the public in a courteous, helpful, and impartial manner. Contractors collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property of neighboring premises unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property including cans, carts, racks, trees, shrubs, flowers, and other plants. 6.3.Employee Uniform Regulations: The Contractor's collection employees shall wear a uniform or shirt bearing the company's name. 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. 6.4.Compliance with State, Federal, and Municipal Law: The Contractor shall comply with all applicable City, State, and Federal laws now or hereafter in effect relating to wages, hours, and all other applicable laws relating to the employment or protection of employees. 6.5.Fair Labor Standards Act: -fbe 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 applicable requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended from time to time. 13 6.6.Each vehicle operator shall, at all times, carry a valid driver's license for the type of vehicle that is being driven. 6.7.The Contractor shall provide operating and safety training for all personnel. 6.8.No person shall be denied employment by the Contractor for reasons of race, sex, national origin, sexual orientation, creed, age, physical handicap, or religion. 6.9. Equipment: 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 its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. Collection vehicles shall be of the enclosed loader packer type or other vehicle designed to allow for efficient collection of yard waste. The equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Vehicles used shall be marked with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than Jive (5) inches high on each side of the vehicle. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall he given to the City at the time of each annual audit or upon reasonable request. 7. CONTRACTOR'S OFFICE 7.1.The Contractor shall provide. at its expense, a suitable office located within or in close proximity to Orange County, open between 8:00 AM to 5:00 PM, Monday through Friday, with a local telephone number available for the City of Ocoee where complaints shall be received, logged, and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other special or emergency complaints or calls that are referred by the City. The Contractor shall provide an after hours emergency telephone number. CHARGES, RATES, AND LEVEL OF SERVICE 8. PAYMENT AND BILLING 8.1 Notification to Customers: The City shall be responsible for billing and direct contact with the citizens. 8.2. Compensation: The City shall pay the Contractor for the performance of this contract the sums due based on the unit prices as listed on the Rate Proposal Form multiplied by the number of units as determined by the City on a month to month basis in accordance with Section 8.3 below except for special pick ups, which will he 14 a pass through. subject to any conditions or deductions as provided under the executed contract. Contractor's Unit Price Schedule for collections shall include disposal costs. Contractor shall submit an invoice by the 1011 of each month for services rendered during the preceding month which should include monthly tonnage identified by category or type. Upon approval of invoice, payment will be made to the Contractor within thirty days of receipt. 8.3. Billing Procedures: On the first day of each month, the Contract payment(s) for Collection shall be adjusted to correspond with the occupancy of existing or new buildings and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustment; for example, any change which is made on June F' of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever the City has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Department (Protective Inspections). The Contract adjustments will be based on unit costs included in the Contractor's original bid. The City will notify the Contractor of any existing unit that is considered unoccupied and of any new unit that is considered to he occupied. 8.4.Adjustments in Disposal Cost: The parties acknowledge that the contract price is based on the current Tipping Fee schedule of Orange County Landfill at time of award; however, it is recognized that, from time to time, the actual cost charged to the Contractor by a disposal agency for disposal of waste at the disposal site may change. In the event of a change in the tipping fee at the Orange County Landfill, the Contractor may request, and the City upon submission of sufficient proof of such change and an adverse financial impact on the Contractor's operations under this contract, shall grant such increase in contract price for the disposal cost as will compensate for the actual change of disposal cost to the Contractor. Decreases in disposal cost shall be cause for a like decrease in contract price. CONTRACT PERFORMANCE/PENALTIES/DEFAULT 9. CONTRACT PERFORMANCE 9.l.lhe Contractor's performance of this Contract shall he supervised by the Public Works Director or designee. If at any time during the life of the Contract, performance is considered unsatisfactory to the Public Works Director or designee, the Contractor shall increase the work force, tools, and equipment as needed to properly perform this Contract. The failure of the Public Works Director or his designee to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified by this Contract. 15 92.The Contractor shall furnish the Public Works Director with every reasonable opportunity for ascertaining whether or not the work, as performed, is in accordance with the requirements of the Contract. 9.3.The Public Works Director may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time and the Contractor shall admit authorized representatives of the City to make such inspections at any reasonable time and place. 9.4.1he failure of the City at any time to require performance by the Contractor of any provision thereof shall in no way affect the right of the City thereafter to enforce same; nor shall waiver by the City of any breach of provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 10. COOPERATION/COORDINATION 10.1.The City and its authorized representatives shall be permitted free access for the inspection of all work, equipment, and facilities of Contractor. IO2.'fhe Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this Contract. The Contractor shall have at all times a competent and reliable English- speaking (anglophone) representative on duty authorized to receive orders and to act in the case of the Contractor's absence. 11. COMPLAINTS AND COMPLAINT RESOLUTION 11.1.Complaints: All citizen complaints shall be directed or referred to the City who will contact the Contractor for resolution of the situation. The Contractor shall prepare, in accordance with the format approved by the City. and maintain a register of all complaints forwarded by the City and indicate the disposition of each complaint. Such record shall be available for City inspection at all times during business hours. The form shall indicate the day and time the complaint was received and the day and time it was resolved. All complaints shall be resolved within a 24 hour period, except when a complaint is received after 12:00 noon on the day preceding a holiday or on a Saturday, in which cases the complaint shall be resolved no later than the next working day. A monthly listing of all the complaints filed and their disposition shall be provided to the Public Works Director on a monthly basis. Legitimacy of challenged complaints shall be determined on the basis of a joint inspection by the Public Works Director and representative of the Contractor. Disputes that cannot be 16 resolved with the Public Works Director shall be referred to the City Manager whose decision shall be final. 11.2. Disputes about Collection of Certain Items: It is recognized that disputes may arise between the City and Contractor with regard to the collection of certain items due to disputes over the specific language of the Contract. The Public Works Director may from time to time notify the Contractor by telephone to remove all such waste. Should the Contractor fail to remove the waste within twenty-four (24) hours from the time of notification. The City may do so, and all costs incurred by the City shall be deducted from compensation due the Contractor. If it is determined that disputed waste did not conform to contract specifications, the Contractor shall he entitled to reimbursement of the deduction. 12. SUBCONTRACTORS Subcontractors will not be permitted under the terms of this Contract. SECTION V- GENERAL INSURANCE CONTRACT PROVISIONS A. ASSIGNMENT The contract and the rights and privileges thereunder shall not be assigned or otherwise transferred by Contractor except with the express written approval of the City. The city reserves the right in its sole and absolute discretion to approve or disapprove any such requested assignment or transfer of the contract. the City may require that any proposed assignee submit similar documentation to that provided by the Contractor at the time of award of the contract. No assignment or transfer shall be effective until the assignee or transferee has executed with the City a Contract of Acceptance, subject to approval by the city. evidencing that the assignee or transferee accepts the assignment or transfer subject to all of the terms, conditions and limitations imposed herein. Any such assignment or transfer shall be in form and content subject to the approval of the City. B. INDEMNIFICATION The Contractor shall indemnify, defend and hold completely harmless the City, its elected representatives, officers, employees and agents of each, from and against any and all liabilities, losses, suits, claims, demands_judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including. but not limited to court costs, expert fees and reasonable attorneys fees and paralegal fees and attorneys and paralegal fees on appeal) which may be incurred by, charged to or recovered from any of the foregoing (i) by reason or on account of damage to or destruction of any property of the City, or any property of, injury to or death of any 17 person resulting from or arising out of the performance under this Contract, or the acts or omissions of Contractor officers. agents, employees, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by City's negligence or by the joint negligence of City and any person other than Contractor or Contractor's officers, agents, employees. licensees or invitees, or (ii) arising out of the failure of Contractor to keep, observe or perform any of the covenants or agreements herein to be kept. observed or performed by Contractor. City agrees to give Contractor reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow Contractor or its insurer to compromise and defend the same to the extent of its interests and to reasonably cooperate with the defense of any such suit or claim. The provisions of this Section shall survive the expiration or earlier termination of the term of this Contract with respect to any acts or omissions occurring during the term of this.Contract. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the Contractor, the Contractor shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Contract, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the Contractor of such termination which shall become effective upon receipt by the Contractor of the written termination notice. In that event, the City shall compensate the Contractor in accordance with the Contract for all services performed by the Proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Proposer, and the City may reasonably withhold payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. SECTION VI-INSURANCE TERMS AND CONDITIONS A. The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with the performance of the contract. "fhe Contractor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Contractor is acting as an independent contractor. I8 B. The Contractor, at all times during the full duration of this Contract, including extra work in connection with this Contract, shall meet the following requirements: L Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. 2. Maintain Commercial General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the Contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the Contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products completed operations and contractual liability. 3. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. 4. Maintain any additional coverage required by the City as indicated on the Insurance Check List. 5. Name the City of Ocoee as an additional insured on all liability policies required by the Contract. When naming the City of Ocoee as an additional insured, the insurance companies shall agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. 6. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City. 7. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida, and those companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. 8. Original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein, shall he filed with and approved by the City before work is started. The certificate must state Proposal Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance during the tenure of this Contract. 9. It is understood and agreed that all policies of insurance provided by the Contractor are primary coverage to any insurance or self-insurance the City possesses that may apply to a loss resulting from the work performed in the Contract. 19 C. The liability insurance coverage shall extend to and include the billowing contractual indemnity and hold harmless contract: "The contractor hereby agrees to indemnify and hold harmless the City of Ocoee , its officers, agents. and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000 for each occurrence and for all damages to the property of others in and up to the amount of$1,000,000 for each occurrence per the insurance requirement under the specifications including costs of investigation. all expenses of litigation, including reasonable attorney lees and the cost of appeals arising out of any such claims or suits arising out of any and all acts or omissions by the Contractor, its agents, servants, or employees, or through the mere existence of the project under contract." The foregoing indemnity contract shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City, its officers, agents, and employees, as determined by a court of competent jurisdiction. 1. The Contractor will notify its insurance agent without delay of the existence of the Hold Harmless Contract contained within the Contract, and furnish a copy of the Hold Harmless Contract to the insurance agent and carrier. 2. The Contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City under the I bold I lannless Contract from any and all claims arising out of contractual operations. D. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure and shall he made available to the City upon request to the Contractor. No deductibles will he allowed in any policies issued on the Contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City. F. Compliance by the Contractor with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Contractor of its liabilities and obligations under any Section or provision of the Contract. F. Insurance coverage required shall be in force throughout the contract term. Should the contractor fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the Contract term. the City shall have the right to consider the Contract breached and declare a default by the Contractor. G. If the Contractor does not meet the insurance requirements of the specifications, alternate insurance coverage, satisfactory to the City,may he considered. 20 SECTION VII-PERFORMANCE BOND CONDITIONS A. "the Contractor shall furnish a Performance Bond in the form attached to these specifications as security for the performance of this Contract with the City. Said performance bond will be fifty percent (50%) of the Contract amount as calculated at award and adjusted yearly on the anniversary date of the Contract, if it is extended, to remain in force for the duration of this Contract. Premium for the bond described above shall be paid by the Contractor. This bond shall be written by a surety company licensed to do business in the State of Florida. B. The Surety shall be a company or companies satisfactory to the City. Any surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein. The requirements of Florida resident agent may be waived by the city if evidence satisfactory to the City is provided that applicable requirements have been met to permit service of process on a State official under State law. 21 SECTION VIII- PERFORMANCE BOND FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called Contractor and as Surety, hereinafter caused Surety. are held and firmly bound unto the City of Ocoee, Florida, as Obligee, in the amount of _ ($_ ) for the payment whereof Contractor and Surety hind themselves. their heirs, executors. administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written contract dated entered into a contract with the City of Ocoee for: RFP NO. 98-02, RESIDENTIAL YARD WASTE AND BULKY WASTE COLLECTION AND DISPOSAL, in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. 29 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. In WITNESS WHEREOF, the above named parties have caused this Bond to be executed by their appropriate officials of the day of 1997. Witness: PRINCIPAL (If sole Proprietor or partnership) (Firm Name) By Title: (Sole Proprietor or partner) PRINCIPAL (If Corporation) (Corporate Name) By (President) Attest: (Secretary) COUNTERSIGNED BY (CORPORATE SEAL) RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of By: Florida Insurance Commissioner shall be attached hereto) 23 CERTIFICATE AS TO CORPORATE PRINCIPAL 1. . certify that 1 am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his/her signature, and said signature hereto is genuine: and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Corporate Secretary Seal ACKNOWLEDGMENT OF ATTORNEY-IN-FACT SURETY (STATE OF FLORIDA) COUNTY OF Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared who says that (s)he is the Attorney-in-Fact for the (Surety) and that (s)he has been authorized by the Surety to execute the foregoing bond on behalf of the Surety named therein in favor of the City of Ocoee, Florida. Said person is personally known to me, or has produced (specify type of identification,i.e., driver's license and number. state of issue, etc.) and did take an oath. or did take an oath attesting to the truth and correctness of the statements made. WI TNF:SS my hand and official seal, at the County and State aforesaid, on the day and year aforesaid. (Attach Power of Attorney) Notary Public State of Florida-at-Large My commission Expires: _ 24 SECTION IX- PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 25 PROPOSER INFORMATION RFP NO. 98-02 Submitted by: Proposer (Entity): Signature: Name(Typed): Address: City/State: Telephone: Fax: It is understood and agreed by Proposer that the City reserves the right to reject any and all proposals, to make awards on all items or ally items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) (Tille) ?6 REQUEST FOR PROPOSAL NO - 98-02 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3 , Dated Addendum No. 4, Dated Addendum No. 5, Dated Part It: No addendum was received in connection with this RFP. Verified with Purchasing staff Name of staff Date (Proposer- Name) Date (Signature) 27 DECLARATION TO: City of Ocoee, Florida, Submitted this day of . 1997. The undersigned, as Proposer. declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains;that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this proposal is accepted. to execute an appropriate City of Ocoee document for the purpose of establishing a formal contractual relationship between the Proposer and the City of Ocoee, Florida, for the performance of all requirements to which the proposal pertains. This proposal is accompanied by a Proposal Guaranty in the form of a Cashier's Check or Proposal Bond in the amount of $10.000.00. The City of Ocoee reserves the right to reject any and all security tendered to the City. Proposal Guaranty will he refunded when the City of Ocoee and the accepted Proposer have executed all required contract documents and the city has approved any required insurance certificates and bonds, but in no event later than 75 days after the proposal due date. (If Proposer is an individual sign on this line. (SEAL) (If Proposer is a partnership, lilt in name of the partnership. Followed by the signature of the general partner signing) PRovosra's NAME MINIM oR-Ivvnu (SEAL) (A PAR'ILNI'RSI III) By: (SEAL) GLNLI:LL PAR'MACS SIONAI URL (IIiNLRAI,PAR 6fICS NAME PRINTIIU 01(TYPED J$ Name and business address of all principals and partners if a partnership (if a limited partnership, list information for general partner only): (If Proposer is a corporation, Lill in the name of the corporation, followed by the signature of the authorized officer or agent signing, followed by his title. (NASA:of CORPORA FION) By: (SIGNA LUKE OF AU I I lokILED OFF IF its (TOM IOPFICFI S NAME IRON FED OR TAPED (AFFIX CORPORATE SEAL) The Proposer is a corporation organized under the laws of the State of and authorized by law- to make this Proposal and perform all work and furnish materials and equipment required under the Contract Documents. If Proposer is a foreign corporation. the corporation is (or is not,) registered with the Secretary of State of the State of Florida (Attach copy of registration). State the full names and business addresses of each officer, director and holder of 10% or more of the corporation's outstanding stock. Please include the corporate office or title of all individuals listed. 29 QUF1STIONAIRF 1. Describe relevant experience and qualifications in waste management and collection of residential yard and bulky waste, including number of years of relevant experience in operating similar business: 2. Give the names and locations of places at which proposer has operated similar businesses, together with dates of operation: Types of Operation Name Location Dates (a) (h) (c) (d) (e) 3. State in approximate terms the largest gross receipts Proposer has realized from the operation of the businesses mentioned in Item #2 in any one place in one(I) year. $ Year : Location 4. Have any similar contracts held by Proposer for work similar to the proposed work ever been canceled or terminated prior to the expiration of the contract term? Yes () No () /J yes, give details on a separate sheet. 5. List those City of Ocoee agencies if any. with which the Proposer has had contracts or agreements during the past three (3) years. (a) (b) (c) 30 6. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after all award has been made, failed to complete a contract during the past live (5) years, or been declared to be in default in any contract in the last five (5 ) years or had a contract terminated due to a default or alleged default in the last five (5) years? If yes, please explain: 7. Has any surety or bonding company ever been required to perform upon the proposers (or any of its principals') default? If yes, attach a statement naming the company. the date, the amount of the bond and the circumstances surrounding said default and performance. 8. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter I I or put into receivership? If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 9. References: Give three (3) references as to experience and ability: Name Company Phone No. . 9 3. 9a. Equipment: List all equipment and reserves intended for use with this contract as follows: Year Make/Model Condition 10. Without going into individual homes, have you carefully inspected the areas where collection is required? Yes No 11. Have you and/or your legal advisor reviewed the legal requirements and language that will be reflected in the contract? Yes No 12. Person or persons interested in this proposal and Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent(10%). (Strike out inappropriate words) Explain any convictions: 13. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: 32 B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: 14. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, so state.) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Contract and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City Manager or his designee. "the Proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Ocoee Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. 33 CITY OF OCOEE REQUEST FOR PROPOSAL NO. 98-02 PROJECT(S): RATE PROPOSAL, YARD WASTE COLLECTION AND DISPOSAL CONTRACT I (We) propose to collect and dispose of yard waste from all residential customers within City of Ocoee and to provide collection service in complete accordance with the provisions of the Contract Document. The monthly residential rate per dwelling unit for pickup prescribed in the REP shall be: YARD WASTE AND BULKY PICKUPS AT CURBSIDE A. Total Rate S Per month per unit for single-family residences, townhouses, duplexes B. Total Rate S Per month per multi-family dwelling units (4 units or less) PRICES SET FORTI I.ABOVE ARE FIRM AND ARE NOT SUBJECT TO ADJUSTMENT EXCEPT AS DEFINED IN TIIE REP. CORPORATE SEAL AFFIXED ATTEST: PROPOSER: Signature (Name) Title 34 ATTACHMENTS (If applicable. Maps, graphs, charts, etc.) 35 CLARIFICATIONS AND EXCEPTIONS TO REQUEST FOR PROPOSAL PROPOSER: Do you have any clarifications and exceptions to the Request for Proposal? YES NO If yes, will you enter into a contract if the City does not accept any of the changes requested? YES NO If yes, state below all clarifications and exceptions. 36 INSURANCE CHECK LIST XXX I. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Commercial General Liability (occurrence form), limits of liability $1,000.000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability - $I.000,000.00 each occurrence -owned/non- owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ Liquor Liability $ Fire Legal Liability $ Protection and Indemnity $ Employee Dishonesty Bond $ Other-Professional Liability $1,000,000 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. A rating of R+:VI or better in Besf s Key Rating Guide, latest edition. XXX 9. The certificate must state the proposal number and title. PROPOSER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five(5)days after proposal opening. Proposer Signature of Proposer 37 EVALUATION FORM - RFP NO. RESIDENTIAL YARD WASTE COLLECTION AND DISPOSAL Evaluation Criteria Proposer A Proposer B Proposer C Proposer D Proposer E Cost to the City (0-40 Points) Ability to provide hign-quality service (0-30 Points) Prior experience in industry/service (0-15 Points) Financial condition and stability (0-15 Points) Total Points