City of South Bay, Florida. Request for Proposals for Solid Waste, Bulk Waste and Recycling Collection Services

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1 City of South Bay, Florida Request for Proposals for Solid Waste, Bulk Waste and Recycling Collection Services Request for Proposals No For information, contact: Leondrae D. Camel, City Manager City of South Bay 335 SW 2 nd Avenue South Bay, Florida Phone: Fax:

2 City of South Bay, Florida Request for Proposals No Solid Waste, Bulk Waste and Recycling Collection Services Table of Contents Terms I. Proposal 1 II. Proposal Terms 4 III. Mandatory Pre Proposal Meeting 5 IV. Contractor Information 6 V. Evaluation of Proposal by Proposal Review Committee 7 VI. Terms and Conditions.. 8 Attachment A Solid Waste and Waste Recycling Collection Specifications PAGE Article I Liaison; Term; Definitions Article II Services to be performed by contractor- Refuse Collection Article III Services to be performed by the Contractor Recycling.. Article IV Services to be performed by the Contractor Garden and Yard Trash Program... Article V Quality of Service Article VI Charges, Rates, and Level of Service 27 Article VII Contract Performance / Penalties/ Default. 28 Article VIII General, Financial, and Insurance Requirements

3 TERMS I. PROPOSAL CITY OF SOUTH BAY Garbage, Recyclables, Bulk Waste and Yard Debris Collection and Disposal / Marketing REQUEST FOR PROPOSAL (RFP) Definitions: City Proposer Contractor - is City of South Bay, Florida - an individual or business submitting a bid to the City of South Bay - one who contracts to perform work or furnish materials in in accordance with a contract. PURPOSE of REQUEST FOR PROPOSAL (RFP): City of South Bay, Florida is accepting bids for the following services: The term of the contract would be for seven-year period beginning October 18, 2016 and terminating September 30, The schedule shall be as follows: Garbage & Trash Curbside Collection 2 x week Recyclable Materials Curbside Collection 1x week Containerized Yard Waste Curbside Collection 1 x week Bulk Trash (Clamshell Req.) Curbside Collection (Mech) 1 x week Price increase will be accepted during the initial 7 year term price annual increase shall be permitted based on the water, sewer and trash index published annually by the Department of Labor. Bidder will need to include in their proposal their methodology for any proposed price increases for the remaining term past the initial 7 year term. In the event that services are scheduled to end due to the expiration of a contract term, the bidder will agree to continue services at the request of the City for a period not exceed 90 days at the current rate in effect. 3

4 The present contract is based on flat rate including single family, Multifamily, and Commercial units, with roll offs being the responsibility of the individual to contract directly for their own garbage removal and disposal; there is no exclusivity clause in this REQUEST FOR PROPOSAL. Important Dates: August 31, 2016 September 14, 3:00p.m. September 16, 4:00p.m. September 19, 2016@ 4:00p.m. September 21, 2016@ 11:30 October 4, 2016@ 7:00p.m. Advertising Date (Palm Beach Post) Mandatory Pre Bid Meeting Cut off for questions / inquiries Responses to all written inquiries will be sent as an addendum to all Proposers that attended the mandatory pre bid meeting Bids to be received, opened and evaluated Bids presented to Commission for consideration and possible award (subject to change). II. PROPOSAL TERMS A. City of South Bay reserves the right to reject any and all bids received for any or no reason as a result of this REQUEST FOR PROPOSAL. If a bid is selected, it will be the best and most responsive proposal regarding price, quality of service, the Contractor s qualifications and capabilities to provide the specified service and other factors that City of South Bay may consider. The City does not intend to award a contract fully on the basis of any response made to REQUEST FOR PROPOSAL; the City reserves the right to consider proposals for modifications at any time before a contract would be awarded, and negotiations would be undertaken with that provider whose proposal is deemed to best meet the City specifications and needs. B. The City of South Bay reserves the right to reject any and/ or all proposals and waive an y formality, technincalities and /or any irregularities in proposals or procedures therein, and to accept or further negotiate cost, terms, or conditions of any proposal determined by the City to be in the best interest of the City even though not the lowest proposal. The City of South Bay further reserves the right to award a contract to the Proposer whose proposal best serves the interests of the City in the sole discretion of the City. 4

5 C. All questions, interpretations, or clarifications relevant to this REQUEST FOR PROPOSAL are required in writing to, Executive Assistant, City of South Bay, 335 SW 2 nd or camell@southbaycity.com prior to the date proposals are due, as set forth above. All inquiries will be responded to in the form of a written addendum and will be made available to all Proposers that attended the mandatory pre-proposal meeting. D. The price quotations stated in the Proposer s proposal will not be subject to any price increase from the date on which the proposal is opened at the City to the mutually agreed to date of Award. E. Proposals must be signed by an official authorized to bind the provider to its provision for at least a period of 90 days. Failure of the successful Proposers to accept the obligation of the proposal may result in the cancellation of any award. F. In the event it becomes necessary to revise any part of the REQUEST FOR PROPOSAL, addenda will be provided. Deadline for submission of the REQUEST FOR PROPOSAL may be adjusted to allow for revisions. To be considered, original the proposal and eight (8) copies must be at the City on or before the date and time specified. G. Proposals should be prepared simply and economically providing a straightforward, concise description of the Contractor s ability to meet the requirements of the REQUEST FOR PROPOSAL. Proposal shall be written in ink or typewritten. No erasures are permitted. Mistake s may be crossed out and corrected and must be initialed in ink by the person signing the proposal. H. All documents submitted to City should be printed on recycled paper (with post consumer content) and the proposals should be double sided. This constitutes an expression of good faith in cooperating with City s goal of promoting markets for recycled materials. I. All proposals will become the property of City of South Bay. Information in the proposals will become public property and subject to disclosure laws and City policies and procedures. J. Proposals are expected to carefully examine the specifications in this RFP. FAILURE TO DO SO WILL BE AT PROPOSERS RISK. In the event a Proposer discovers any ambiguities or inconsistencies in any aspect of the RFP, the Proposer shall immediately notify the City of South Bay City Manager. 5

6 III. MANDATORY PRE PROPOSAL MEETING 1. A Mandatory Pre Proposal meeting for this Request for Proposal will be held at 3:00 p.m. on Wednesday, September 14, 2016, at the City of South Bay, 335 SW 2 nd Avenue, South Bay, FL All proposers must attend the mandatory pre proposal meeting, must arrive on time and remain in attendance until the conclusion of the meeting. Any person attending the pre-proposal meeting should bring a copy of the Request for Proposal with them as copies will not be available at the preconference meeting. 3. Proposal submitted by parties that did not attend the pre-proposal meeting will be rejected. IV. CONTRACTOR INFORMATION The proposal shall include all of the following information (failure to include all the information could result in disqualification): 1. Qualifications: Please list your company s years in business, staff profile and experience that qualify your company to provide the services required by City of South Bay. Please note the proximity of other service areas to the City. (Attach as Addendum A) 2. References: List three (3) references from current customers receiving the same or similar services(s). Include name, contact name and phone number. (Attach ad Addendum B) 3. Statement: of any recycling programs your company currently offers or would offer to the City of South Bay. (Attach ad Addendum C) 4. Description: of how your company will collect recyclable material. For instance, do you collect recyclables and solid waste in separate containers, or are recyclables and solid waste in separate containers, or are recyclables commingled with solid water? Does your company use separate trucks to collect recyclables vs. solid waste? Please provide all relevant collection details. (Attach as Addendum D) 5. Reporting: City of South Bay requires that tonnage and / or volumes be reported quarterly for recycling and solid waste collected. Please explain how your company will track, record and submit these date. (Attach as Addendum E) 6. Recycling: If applicable, please provide the name, address, and description of the facility where recyclables will be processed before being delivered to the Solid 6

7 Waste Authority. The City of South Bay maintains an Interlocal Agreement with the Solid Waste Authority of Palm Beach County for the processing and disposal solid waste, yard waste bulk waste and recycling. As such the Proposer will be required and responsible for the collection, processing and delivery of these materials to designated facilities only. (Attach as Addendum G) 7. Miscellaneous: Describe any additional tools your company can provide City of South Bay to assist in improving the City s In-House Recycling Program: e.g., educational material, collection containers, employee incentives, etc. (Attach as Addendum G) 8. Small Business Enterprise Program: The City of South Bay encourages certified members of Palm Beach County s Small Business Enterprise Program (SBE/M/WBE) to submit proposals. (Attach current certification as Addendum H) 9. The City of South Bay has a Productive Work Environment/ Anti Harassment Policy, is an Equal Opportunity Employer and a Drug Free Work Place. Please attach your company s Anti-Harassment, EEO and Drug Free Work Place policies. (Attach as Addendum I) V. EVALUATION OF PROPOSAL BY PROPOSAL REVIEW COMMITTEE The City will designate a Proposal Review Committee to review and evaluate the proposals submitted in response to this RFP. The review process will be conducted in two phases. In Phase One, the Proposal Review Committee shall determine whether each Proposer is responsive. For the purpose of this RFP, a responsive Proposer means a Person that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly in Phase One, the Proposal Review Committee will determine whether each Proposer submitted all of the necessary forms, documents, and information. In Phase Two of the review process, the Proposal Review Committee will determine whether each Proposer is responsible. For purpose of this RFP, a responsive Proposer means a Person that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, in Phase One, the Proposal Review Committee will determine whether each Proposer submitted all of the necessary forms, documents, and information. In Phase Two of the review process, the Proposal Review Committee will determine whether each Proposer is responsible. For purposes of this RFP, a responsible Proposer means a Person that has the capacity in all respects to fully perform the contract requirements and has the integrity and reliability that will ensure good faith 7

8 performance. In Phase Two, each proposal will be evaluated in light of the following criteria: 1. The cost of the Proposer s services. 2. The experience and qualification of the Proposer 3. The adequacy of the Proposer s equipment, personnel, resources, and plans for providing the services required under the Agreement. 4. The Proposer s prior performance when providing similar services and their close proximity to the City. 5. The responsiveness and community involvement and environmental stewardship. 6. The Proposer record of community involvement and environmental stewardship. 7. Any other relevant information concerning the Proposer s ability to provide outstanding service, value, and other benefits that are consistent with the best interest of the City. At any time during Phase One and Phase Two, the City may conduct any investigations it deems necessary to evaluate the proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries, interview some or all of the Proposers, visit the facilities of one of more of the Proposers, or take any other action the City deems necessary to fairly evaluate a proposal. At any time during phase One and Phase and Phase Two, the City may reject a proposal if the City concludes the Proposer is not qualified --i.e., the Proposer does not satisfy the minimum criteria set forth in this RFP. During Phase Two, proposals will be evaluated in light of the criteria listed below: Proposer s Cost proposals Proposer s experience, qualifications, capabilities, resources, financials, satisfactory reference and record of community Involvement and environmental stewardship TOTAL 75 points 25 points 100 points 8

9 These criteria are provided to assist the Proposers in the allocation of their time and efforts during the RFP process. These criteria also will guide the Proposal Review Committee by establishing a general framework for the Proposal Review Committee s deliberations during the final ranking of Proposers. Each member of the Proposal Review Committee will rank the Proposers using the weighted criteria, based on the member s evaluation of the merits of the Proposer s proposal. The Proposal Review Committee will present its recommendation to the City for approval and the award of the contract. Please note that the Proposal Review Committee and the City may select the Successful Proposer without allowing any presentations or interviews by any Proposer. For this reason, each Proposer must ensure that its proposal contains all of the information requested in this RFP. The Proposal Review Committee will follow the Cone of Silence requirement outlined within the RFP. VI. TERMS AND CONDITIONS 1. Award: As soon as practicable after the Proposal Review Committee completes its assessment of the proposals, the Selection Committee s recommendations shall be presented to the City Commission at a duly noticed public meeting. It is anticipated that the City Commission will award the RFP to the Proposer that submits the best overall proposal, based on the City Commission determination of the City s best interest and the best overall value for the City. The City Commission shall have the exclusive authority to select the best overall proposal and make any determinations concerning the responsiveness of the Proposers, the determinations concerning the responsiveness of the Proposers, the value of their proposals, the Proposer respective abilities to satisfactorily perform the work specified in the City s RFP, and all other related matters. After the City Commission selects the Successful Proposer, the Successful Proposer and the City s designated representative shall execute the Agreement. 2. Cone of Silence: A cone of silence is hererby imposed and made applicable to this REQUEST FOR PROPOSAL and in accordance with the Palm Beach County Lobbyist Registration Ordinance, a copy of which can be accessed at: is in effect. The Proposer shall read and familiarize themselves with all of the provisions of said Ordinance, but for convenience the provisions relating t the Cone of Silence have been summarized here. Cone of Silence means a prohibition on any non-written communication regarding this REQUEST FOR PROPOSAL between any Proposer or Proposer s or Proposer s representative 9

10 and any City of South Bay employee. The Cone of Silence is in effect as of the submittal deadline. The provisions of this Ordiance shall not apply to oral communications at any public proceeding, including pre-proposal conferences, oral presentations before Proposal Review Committees, and contract negotiations during any public meeting. The cone of Silence shall terminate at the time that the City of South Bay awards or approves a contract, reject all proposals or otherwise takes action which ends the solicitation process. A Proposer s representative shall include but not limited to the Proposer s employee, partner, office, director or consultant, lobbyist, or any, actual or potential subcontractor or consultant of the Proposer. 3. Public Records Any questions regarding the application of Chapter 119, Florida Statutes as to the Proposer s duty to provide public records relating to this REQUEST FOR PROPOSAL contact Jessica Figueroa, City Clerk for the City of South Bay at , ext. 119; SBCityClerk@southbaycity.com ; or via mail at 335 SW 2 nd Avenue South Bay FL Attachment A Solid Waste and Waste Recycling Collection Specifications Attachment B Map of Municipal Boundary Attachment C Legal Ad, as amended 10

11 PROPOSAL EVALUATION FORM Proposer s Name: Date Received: Time Received By: ***Up to 75 Points COST Methodology for remaining term of proposal Points 11

12 ***Up to 25 points Points The experience and qualifications of the Proposer The adequacy of the Proposer s equipment, personnel, resources, and plans for providing the services required under the Agreement. The Proposer s prior performance when providing similar services and their close proximity to the Town. The responsiveness and completeness of the Proposer s proposal The Proposer s record of community involvement and environmental stewardship Any other relevant information concerning the Proposer s ability to provide outstanding service, value, and other benefits that are consistent with the best interest of the City. ADDENDUMS A YES NO N/A B YES NO N/A C YES NO N/A D YES NO N/A E YES NO N/A F YES NO N/A G YES NO N/A H YES NO N/A I YES NO N/A 12

13 NOTES: 13

14 NAME: DATE: ATTACHMENT A SOLID WASTE AND WASTE RECYCLING COLLECTION SPECIFICATIONS The following specifications are to be used only as a guideline for the City of South Bay Request for Proposal (RFP). Proposers are encouraged to offer additional recommendations regarding the Solid Waste and Recycling program being offered by the City of South Bay. ARTICLE 1 LIASON; TERM; DEFINITIONS Section 1. LAISON BETWEEN TOWN AND CONTRACTOR All dealings, Contracts, notices and payment between the CONTRACTOR and the CITY shall be directed by the CONTRACTOR to the City Manager or his/her designee. All negotiations and resolution of issues shall be conducted by the City Manager or his designee on behalf of the City. Section 2. COMMENCEMENT OF WORK The work outlined in his Contract shall commence immediately upon receipt of a Notice to Proceed, but no later than October 18, Section3. TERMS The term of the contract would be for seven-year period beginning October 18, 2016 and terminating September 30, Please be advised that the City of South Bay Ordinances Section 2-66 (c) allows for a renewal, extension and/ or modification of the contract, once awarded, for an additional three (3) years from the date of expiration of the contract under review. In the event that services are scheduled to end due to the expiration of a contract term (Initial Term or an Option Term), the contractor agrees to continue services at the request of the City for a period not to exceed 90 days at the current rate in effect. 14

15 Section 4. DEFINITIONS OF TERMS 4.1 Authorized Representative: shall mean the employee or employees designated in writing by the City Manager to represent the City in the administration and supervision of the Contract. 4.2 Proposer: An individual or business submitting a bid to the City of South Bay. 4.3 Bio-hazardous Waste: Shall mean any solid waste or liquid waste which may present a threat or infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to non-liquid human tissue and body parts; laboratory and veterinary waste contain human-disease-causing agents; used disposable sharps, human blood and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 4.4 Biological Waste: Shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, bio-hazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to human or animals. 4.5 Bulk Yard Trash: Shall mean large cuttings of vegetative and wood matter which are part of normal yard maintenance which cannot be cut for placement in a container, bag, or bundle due to the material exceeding the weight and size restrictions for regular yard trash. Bulk yard trash shall be of a type as to readily handled by the mechanical equipment of the contractor and shall not exceed six (6) feet in length. Bulk yard trash does not include any form or matter or debris resulting from land clearing, land development, building demotion, and home improvement other than residential do it yourself projects. 4.6 City: City of South Bay, Florida or an authorized representative. 4.7 Construction and Demolition Debris: Shall mean materials defined as such from time to time by the department and chapter 17-7, F.A.C. 4.8 Contract or Agreement: The Contract or Agreement and any attached Addenda. 4.9 Contract or Vendor: One who Contracts to perform work or furnish materials in accordance with a contact Garbage: Shall mean all kitchen and table food waste and/or animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials; and any bottles, cans and or other containers, excluding recyclable containers, utilized in normal household use, which due to their ability to retain water, may serve as a breeding place for mosquitoes and other insects. 15

16 4.11 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 handle(s). Any receptacle including waste materials shall not exceed thirty-two (32) gallons in capacity or fifty (50) pound in weight Garden and Yard Trash: Shall mean vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub trimmings, grass clippings, palm fronds or small tree branches which shall not exceed six (6) feet in length and four (4) inches in diameter. Such trash shall be bundled or placed in containers which are susceptible to normal loading and collection as other residential solid waste. No bundle or filled container shall exceed fifty (50) pound in weight. Waste generated by tree surgeons, landscapers or lawn maintenance services is not garden and yard trash Hazardous Waste: Shall mean any solid waste. (Even though it may be part of a delivered load of waste) which: A. Is required to be accompanied by a written manifest or shipping document describing the waste as Hazardous Waste pursuant to any other state or federal law, including, but not limited to, the Resource Conservation and Recovery Act, 42 USC 7901, et. Seq. as Amended and the regulations promulgated thereunder: or, B. Contains polychlorinated biphenyl or any substance the storage, treatment or disposal of which is subject to regulation under the Toxic Substance Control Act, 15 USC 2601 et.seq. as amended and the regulations promulgated thereunder ;or, C. Contains a reportable quantity of one or more Hazardous substance, as defined in the comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9601, et.seq. as amended and the regulations promulgated thereunder or as defined under Florida Administrative Code Section (24) and regulations thereunder; or, D. Contains a radioactive material the storage or disposal of which is subject to state or federal regulation Household Furniture: Shall mean all movable compactable articles or apparatus, such as chairs, tables, sofas, mattresses etc., for equipping a house Household Trash: Shall herein refer to accumulations of paper, magazines, packaging, containers, sweepings, and all other accumulations of nature other than garbage or garden and yard trash, which are usual to housekeeping and to the operation of residences. Household trash shall include, but not be limited to; 16

17 all small appliances, small furniture, and yard toys and building material waste generated from residential do it yourself projects. Special waste and waste generated by building Contractors or Subcontractors is not household trash Industrial Wastes: Shall mean any and all debris and waste products generated by manufacturing, food processing (except restaurants), land clearing, any commercial shrubbery or tree cuttings, building construction or alteration (except do it yourself projects) and public works type construction projects whether performed by a government unit or by Contract. Industrial wastes are not included in the scope of this Contract. Industrial wastes are not included in the scope of this Contract Landfill: Shall mean any solid waste land disposal area for which a permit, other than a general permit, is required by s , Florida Statutes, that receives solid waste for disposal in or upon land other than a land-spreading site, injection well, or a surface impoundment Loose Refuse: Any refuse, either garbage or household trash stored in and collected from any type of container other than a mechanical container or garbage can as described in Section 4.22 and 4.14 Refuse which is collected from the ground is consider loose refuse Performance and Payment Bond: Shall mean the form of security approved by the City and furnished by the Contractor as may be required by the Contract as a guarantee that the Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contractor and will pay all lawful claims Recyclable Materials: Shall mean all mixed paper, glass, plastic, corrugated cardboard, magazines, aluminum and aseptic containers (i.e., paper juice and milk cartons) that is Collected, separated, or processed and reused or returned to use in the form of raw materials or products Recycling: Shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products Refuse: Shall mean commercials trash, household trash and garbage or a combination or mixture of commercial trash, household trash, and garbage, including paper, glass, metal and other discarded matter, excluding recyclable materials. 17

18 4.23 Refuse Regulations: Shall herein refer to 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 Residential Service: Shall herein refer to the refuse collection service provided to persons occupying residential dwelling units within the designated areas, who are not receiving commercial service Rolloff Service: Shall herein refer to the refuse collection of those materials not covered under residential services (i.e., New construction and demolition debris, total tree removal, car parts) by use of a container that is 10 cubic yards or greater which is serviced by a rolloff tilt frame hoist and which itself is hauled away for dumping and disposal of its contents Sludge: Includes the accumulated solids, residues, and precipitates generated as a result of waste treatment of processing, including wastewater treatment or processing, including wastewater, 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 Special Waste: Shall mean solid wastes that can require special handling and management, 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 than is charged for refuse, including, but not limited to asbestos, white goods, whole tires, used oil, mattresses, furniture, lead-acid batteries, and biohazardous wastes Specifications: Directions, provisions and requirements contained in the Request for Proposal, Instructions to Proposers, Specials Provisions, General and Technical Specifications, Supplementary Conditions (if any), Bid Form, Bonds (if any), together with any written Contract made or to be made setting out or relating to the methods and manner of the work to be carried out Uniform Level of Service: Shall mean any and all garbage and trash, whether commercial or residential, which conforms to the preparation and storage requirements of this Contract. 18

19 4.30 White Goods: Includes inoperative and discarded refrigerators, ranges, water heaters, freezers, small air conditioning units, and other similar domestic and commercial large appliances Vegetative Waste: Shall mean vegetative matters resulting from yard and landscaping maintenance emanating from properties within the City limits, and shall include materials such as tree and shrub trimmings, grass clippings, palm fronds or tree branches and other matter usually produced as refuse in the care of lawns, landscaping and yards. All grass clipping, leaves, pine needles, and similar small loose items must be bagged, boxed or containerized. ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR-REFUSE COLLECTION Section 5. DESCRIPTION OF WORK 5.1 The Contractor shall provide exclusive Residential Service (excluding commercial, roll-off of apartment complexes >4 units within the City Limits of the City of South Bay in accordance with the terms of the Contract and the provisions of Chapter 30, Solid Waste, Code of Ordinances, as amended from time to time. 5.2 The Contractor shall be aware of the requirements of the Florida Solid Waste Management Act and is responsible for determining the impact of this legislation on its operations. Further, the Contractor shall comply with all laws, rules, regulations, and ordinances, statutes governing solid waste and its collection and disposal. 5.3 The contractor shall provide, at his own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 Protection of Adjacent Property and Utilities: The Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred 19

20 through its operations. The Contractor shall take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall immediately repair of have repaired at no additional cost to the owner any breakage or damage caused by its operation. 5.5 Spillage: The Contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection shall occur. The Contractor may reasonably refuse to collect any refuse that has not been placed in a receptacle as provided herein. During hauling, all refuse shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 5.6 Disposal Site: All refuse shall be hauled to the Solid Waste Authority or to another permitted site or facility as directed in writing by the Administrator and disposed of at those facilities at the expense of the Contractor. Section 6. RESIDENTIAL COLLECTION SERVICE 6.1 The Contractor shall collect and dispose of all refuse, except special waste (not including white goods, and household furniture), hazardous waste, biohazardous waste, biological waste and sludge, from all single family homes, multiple dwelling units( <5 units) and individual mobile homes Frequency of Collection: The Contractor shall collect refuse from places of residence within the Contractor collection area on each Tuesday and Friday Hours of Collection: Collection shall begin no earlier than 7:00 o clock a.m., and shall cease no later than 6:00 o clock p.m. at time slot allowed by this paragraph, provided the Contractor has received prior approval from the Administrator, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. No collection shall occur on Sundays Point of Pickup of Residential Refuse: Collections of residential refuse shall be at Curbside or other such location as crew and vehicle. In the event an 20

21 appropriate location cannot be agreed upon, the Administrator shall designate the location. The Contractor shall collect at curbside all white goods and household furniture on regular pick up days. For residential collection service, no additional charge for the collection of white goods shall be made. Nothing in this section shall require activity (except do it yourself projects) or the clearance of vacant lots, except as further required in Section of this Contract Receptacles: The Contractor shall be required to pick up all refuse, household furniture and white goods generated from residential units which have been properly prepared and stored for collection as follows: A. All garbage and ashes shall be placed in a plastic disposal bag inside a garbage can and shall be placed at curbside or at such other single collection point as may be agreed upon by the Contractor, the City and the customer. B. Usual household trash shall be placed in containers where it shall be collected in the same manner as garbage at curbside. Non-containerized trash shall be collected providing that it does not exceed six (6) feet in length nor be greater than fifty (50) pounds in weight for any piece or, segment of such materials. Household goods and white goods need not be containerized Method of Collection of residential Refuse: The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any refuse spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers place topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. In the event of damage by the Contractor for garbage receptacles, the Contractor shall be responsible for the timely repair or replacement of said receptacles within five (5) days Vacant Lots: The Contractor may collect trash, garden and yard trash from the swale of right-of-way of vacant lots in residentially developed neighborhoods at an additional charge as approved by the administrator or designee; provided such trash is prepared for pick up similar to adjacent occupied properties provided such trash is prepared for pick up similar to adjacent occupied properties. It will not be the responsibility of the Contractor to remove waste resulting from clearing property for building purposes. 21

22 6.1.7 Vegetative Waste: All vegetative waste emanating from developed properties located within the City shall be separated from garbage and bulk yard trash. All grass clippings, leaves, pine needles or other similar loose waste shall be bagged, bundled or containerized. No vegetative waste shall be co-mingled with garbage. After picking up vegetative waste and bulk yard trash, Contractor shall sweep clean and rake area of pick up. Section 7. ROLLOFF COLLECTION SERVICE 7.1 The Contractor shall collect and dispose of all refuse, except special waste, hazardous waste, biohazardous waste, biological waste and sludge, from or generated by any construction, demolition, commercial or industrial use, and any use not contained within residential service. The Contractor will not have the exclusive right to perform such services in the City of South Bay. The Contractor shall enter into separate agreements with customers for this service. When rolloff services have been separately contracted for by a property owner, the Contractor shall follow the following guidelines: Frequency of Collection: Rolloff containers may be collected between the hours of 7:00a.m. and 6:00p.m. Monday through Friday, and will be made frequently enough to prevent containers from becoming overloaded. In the event a customer s container is consistently overloaded the City Administrator will require the customer to increase the frequency of collection. In the event of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the City Administrator, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. Non-payment by customer shall not be sufficient grounds for picking up a roll off container Point of Pickup of Rolloff Refuse: Rolloff Refuse customers shall accumulate refuse at locations that are mutually agreed upon by the customer and Contractor and which are convenient for collection by the Contractor. Where mutual agreement is not reached, the City Administrator or his or her designee shall designate the location Rolloff Receptacles: {Intentionally left blank} Method of Collection of Rolloff Refuse: The Contractor shall make collections with as little disturbance as possible. Any refuse spilled by the Contractor shall be picked up immediately by the Contractor, unless spillage is caused by overloaded containers in which case the customer shall be responsible for picking up the spillage. 22

23 Section 8. MUNICIPAL COLLECTION SERVICE 8.1 The Contractor shall provide refuse and recycling collection service to all property owned, leased, rented or controlled by the City of South Bay including, but not limited to, those designated by the City of South Bay if acquired during the Contract term. These services shall be provided at no charge to the City The Contractor shall empty all refuse containers in any and all of the above mentioned properties at a frequency to be determined by the City Administrator. The City shall have the right to use mechanical containers, commercial type trash cans with covers or any other containers within the size limits prescribed by definition. The Contractor shall provide all mechanical containers for the use of the City, which said containers shall be kept in operable condition by the Contractor throughout the life of the Contract. The Contractor shall not provide such service at no cost to the City at public housing projects 8.2 Special Events: The Contractor shall provide for all services, containers, event boxes and equipment required for waste disposal at all special City functions or sponsored events deemed appropriate by the City Administrator. Section 9. SCHEDULES AND ROUTES 9.1 The Contractor shall provide the City with schedules for all collection routes and keep such information current at all times. If any change in the collection routes occurs, then the City shall be immediately notified in writing. The City Commission shall approve all permanent changes in routes or schedules that alter the day of pickup. Upon approval of the City Commission, the Contractor shall publish in a newspaper of general circulation in Palm Beach County at least seven (7) day prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely by the Contractor. 9.2 The City reserves the right to deny Contractor s vehicles access to certain streets, alleys and public ways inside the City enroute to the disposal site where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closure less than eight (8) hours in duration. The City shall notify the Contractor of street closure of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this Contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. NOTE: The Contractor s attention is directed to the fact that at times during the year, the quantity of refuse to be disposed of is materially increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required collection schedules and routes 23

24 9.3 Storm: In case of storm, the City Administrator or his or her designee may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the Contractor shall advise the City Administrator and the customer of the estimated time required before regular schedules and routes can be resumed In the 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 cleanup of the City. The Contractor shall receive extra compensation above the Contract price for additional employees, overtime and cost of rental equipment, provided Contractor has first secured prior written authorization from the City Administrator of his designee. The total cost for such service shall be based on rates set forth in the proposal for Emergency Debris Removal Attached to the contract proposal, which rates include the responsibility to collect, transport or dispose of debris or the other waste material from a hurricane, severe storm or other natural or man-made disaster. 9.4 Holidays: The Contractor will not provide service on the following holidays: Thanksgiving Day and Christmas Day. If the regular collection day falls on a of the aforementioned holidays, the Contractor shall collect the refuse on the next regularly scheduled collection day. Section 10. COLLECTION EQUIPMENT 10.1 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 and shall not be more than five (5) years old. All replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. For residential collections equipment shall be of the enclosed loader packer type and all equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the Contractual duties. A list of the Contractor s equipment shall be give to the City at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than five(5) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City or by Palm Beach County non-profit organizations. 24

25 Section 11. SPECIAL WASTE, HAZADOUS WASTE, BIOHAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL WASTE AND SLUDGE The Contractor shall not be required to collect and dispose of special waste (except white goods and household furniture), hazardous waste, biohazardous waste, biological waste or sludge, but may offer such service in the City. All such collection and disposal for the types of waste referenced in this section, when done by the Contractor, shall be in strict compliance with all Federal, State and local laws and regulations. ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR RECYCLING Section 12: DESCRIPTION OF THE WORK 12.1 The Contractor shall collect all newspaper, glass, aluminum cans, corrugated cardboard, magazines, aseptic containers, polyethylene terephthalate (PET), and high density polyethylene (HDPE) bottles set out for the purpose of recycling from all single family homes, multi-family units of four (4) or less units under common ownership, duplexes and individual mobile homes and mobile home parks within the City limits of the City of South Bay. The collection of recyclable shall be conducted through the system required by the Solid Waste Authority. The Contractor shall have the exclusive right to provide such service in the City in accordance with the terms hereof Frequency of Collection: The contractor shall collect recyclable on Wednesdays. The day of collection shall be on Wednesday Hours of Collection: Collection shall begin no earlier than seven o clock (7:00)am and shall cease no later than six o clock (6:00) p.m. provided however that in the event of emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph following approval by the City administrator or designee Point of Pickup of Recyclable Materials: Collection of recyclable materials shall be at curbside or other such locations that will provide ready accessibility to the Contractor s collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the City Administrator shall designate the location. 25

26 12.5 Receptacles: The Contractor shall pick up all recyclable materials which have been properly prepared for collection and placed in recycling containers and set at curbside. The City in partnership with Solid Waste Authority shall distribute to each residence within the service area on e (2) containers for recyclable materials to be collected. The cost of these containers will be borne by the Solid Waste Authority Method of Collection of Recyclable Materials: Unless otherwise agreed in writing the Contractor shall separate the recyclables, at the point of pickup, into different sections of the collection vehicle. The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any recyclable materials spilled by the Contractor shall be picked up immediately. Recycling containers shall be thoroughly emptied and left inverted at the point of collection Monitoring Records: The Contractor shall be responsible for maintain information and records adequate to determine participation rates and weekly setout rates by percent, weight by material of items recycled, neighborhoods above or below average participation and other information required by City, Palm Beach County or the State of Florida necessary to meet the requirements of the Solid Waste Management Trust Fund. The Contractor shall furnish monthly reports to the City due by the 10 th of the following month containing the requested information Disposition of Recyclable Materials: The Contractor will deliver recyclables to the Palm Beach County Solid Waste Authority materials recycling facility in accordance with the City s inter-local agreement with the Palm Beach County Solid Waste Authority Charges for Disposal of Recyclable Materials: In the event that recyclable materials are not acceptable and must be disposed of at a disposal facility, Contractor will first notify the City an discharge the City for the number of tons of material so disposal multiplied by the currently effective tipping fee, once approved by the City Administrator Equipment: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor too adequately and efficiently perform its Contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of recycling equipment and shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Collection vehicles shall be designed to be driven from both sides and have separate compartments into which the different recyclable materials may be placed. Prior to purchasing equipment it shall be the responsibility of the Contractor to determine the available space turning radii, ceiling heights, etc. of the likely buyers or processors of the recycled materials. No recycling vehicle shall be more than five (5) years old and all replacement and additional vehicles shall be new equipment unless otherwise agreed by the City. The Contractor 26