REQUEST FOR PROPOSALS

FOR

CITY OF ATLANTIC BEACH, FLORIDA

SOLID WASTE, YARD WASTE AND RECYCLING

COLLECTION AND DISPOSAL SERVICES

RFP # 21-03

REVISED SPECIFICATIONS V April 7th, 2021

Sealed Proposals will be accepted by the City of Atlantic Beach, Florida, at the Office of the

Procurement Manager, 800 Seminole Road, Atlantic Beach, Florida 32233 until

2:45 PM, Wednesday, March 24, 2021

April 14, 2021

for the Collection and Disposal of Solid Waste, Yard Waste and Recycling in the City of Atlantic

Beach, Florida. At this time all Proposals will be publicly opened and the Proposer’s name will be

read aloud.

Pre-Proposal Conference will be held at 10:00 AM, Tuesday, March 09, 2021 in the City

Hall Commission Chambers 800 Seminole Road, Atlantic Beach, FL 32233.

**PLEASE NOTE THAT DUE TO COVID-19, THE NUMBER OF ATTENDEES**

**WILL BE LIMITED, AND ENTRY WILL BE ON A FIRST COME, FIRST*****

**SERVE BASIS**

TABLE OF CONTENTS

SECTION A: Overview .........................................................................................................1

Purpose.......................................................................................................................1

Proposal Due Date .....................................................................................................1

RFP Timeline .............................................................................................................2

Eligibility ...................................................................................................................2

Contract Award ..........................................................................................................2

Contract Term ............................................................................................................3

Submittal Requirements.............................................................................................4

SECTION B: General Provisions ..........................................................................................5

Instructions to Respondents .......................................................................................5

Terms and Conditions ................................................................................................5

Additional Information ..............................................................................................7

Addenda to the RFP ...................................................................................................7

Use of Proposal Response Forms ..............................................................................7

Deviations from Requested Plan................................................................................7

Conflict With Specimen Contracts ............................................................................8

Errors in Submittals ...................................................................................................8

Legal and Regulatory Compliance.............................................................................8

Cancellation/Non-Renewal /Adverse Change/Rate Increase Notice .........................9

Waiver/Rejection of Proposals ..................................................................................9

Authorized Offer ........................................................................................................9

Use of Proposal by Other Agencies ...........................................................................9

Public Entity Crimes Statement .................................................................................10

Conflict Of Interest/Cone of Silence..........................................................................10

Non-Collusion Affidavit ............................................................................................12

Discrimination Clause................................................................................................12

Safety Requirements for Contractors Providing Services to City .............................12

Insurance Requirements.............................................................................................13

Performance Bond .....................................................................................................17

Bankruptcy .................................................................................................................17

Warranty ....................................................................................................................17

Nonexclusive..............................................................................................................18

Drug Free Workplace Compliance ............................................................................18

Indemnification ..........................................................................................................18

Proposal is Not a Bid .................................................................................................18

Section C: Contract

Section 1 Definitions..................................................................................................19

Section 2 Scope of Work ...........................................................................................23

Section 3 Storage and Office Facilities......................................................................32

Section 4 Schedules and Routes ................................................................................32

Section 5 Duration of Contract-Commencement of Work ........................................36

Section 6 Contractor’s Relation to the City ...............................................................36

Section 7 Quality of Service ......................................................................................41

Section 8 Equipment ..................................................................................................43

Section 9 Employment and Working Conditions ......................................................44

Section 10 Disposal of Refuse ...................................................................................45

Section 11 Compliance with Laws and Regulations..................................................45

Section 12 Insurance ..................................................................................................46

Section 13 City Held Harmless..................................................................................47

Section 14 Liquidated Damages ................................................................................48

Section 15 City Ordinances .......................................................................................52

Section 16 Amendments ............................................................................................52

Section 17 Cart and Residential Recycling................................................................52

Section 18 Notices .....................................................................................................53

Section 19 Assignment and Change of Control .........................................................53

Section 20 Severability ..............................................................................................54

Section 21 Governing Law ........................................................................................55

Section 22 Attorneys Fees .........................................................................................55

Section D: Format

Scope of Services .......................................................................................................56

Qualifications and Competency .................................................................................56

Equipment Availability and Capability .....................................................................57

Financial Capability ...................................................................................................58

Pricing ........................................................................................................................58

Value-Added Benefits................................................................................................58

Attendance at the Pre-Proposal Meeting....................................................................58

Required Forms..........................................................................................................58

Section E: Evaluation Criteria ...............................................................................................59 Section F: Forms ....................................................................................................................61

Section G: Overview of Residential and Commercial Customers .........................................74

Submission Check List ..........................................................................................................75

SECTION A:

OVERVIEW

SECTION A: OVERVIEW

1. PURPOSE

The City of Atlantic Beach (CITY) is seeking proposals from qualified respondents

for the collection and disposal of solid waste, and recycling services, throughout

the city.

This Request for Proposals (RFP) defines the service standards, specifications and

proposal requirements of the comprehensive solid waste, yard waste, and recycling

collection and disposal program for residents and businesses within the city limits of

the City of Atlantic Beach. The goals of the CITY are to:

Provide excellent, proactive customer service at all times to include timely

collection of solid waste and recycling, responsive communication on

customer concerns, speedy resolution to customer concerns, at a fair and

reasonable price.

Provide a comprehensive solid waste and recycling collection program.

Reduce solid waste disposal tonnage by maximizing the fullest

recovery possible of recyclable materials from the CITY’s residential

and commercial customers.

Improve public education of all CITY residents and customers about

recycling services, so as to increase participation and recovery rates.

Reduce tons of yard waste collected by providing educational information.

The respondent shall be responsible for being familiar with local conditions that may

affect cost, permitting, progress, performance or services described in this RFP,

including inspection of the CITY’s boundaries, streets and commercial/office

property locations. The proposer shall be responsible for considering all federal,

state and local laws, statutes, ordinances, and regulations that may affect costs,

permitting, progress, performance or services.

The CITY’s objective is to select proven service methods that apply commercially

demonstrated and environmentally sound collection techniques.

Award shall be made to the respondent whose proposal is deemed to be most advantageous

to the CITY.

2. PROPOSAL DUE DATE: 2:45 P.M., Wednesday March 24 April 14, 2021.

Subject to the terms and conditions specified in this Request for Proposals (RFP),

proposals will be received until 2:45 PM, Wednesday, March 24 April 14, 2021

then opened

publicly at 800 Seminole Rd., Atlantic Beach, FL 32233

RESPONDENTS ARE HIGHLY ENCOURAGED TO ATTEND THE PRE-

PROPOSAL MEETING. This PRE-PROPOSAL MEETING is scheduled 10:00am, March 9, 2021 at the City Hall Commission Chambers, 800 Seminole Rd., Atlantic Beach, FL 32233

3. RFP TIMELINE – Submission Deadline & Opening date has been corrected.

**Deadline for questions has been corrected.**

RFP Issue Date 2/26/2021

RFP Advertised 2/26/2021

Pre-Proposal Meeting 3/09/2021

Deadline for Submitting Questions in Writing 3/18/20214/08/2021 4/05/2021

Submission Deadline 3/24/2021 4/14/2021

RFPs Opened 3/24/2021 4/14/2021

RFPs Evaluated TBD

Recommendation to Commission TBD

Contract Award TBD

4. ELIGIBILITY

To be considered an eligible Proposer, a company and its management team must have

expertise in residential (single-family, duplex, triplex, multifamily dwelling units), and

commercial (business/office units) solid waste collection, disposal and recycling

services under contract to multiple local governments and be able to have the financial

and human resources to provide staff, vehicles and equipment on a continuous basis

throughout the term of the contract. The selected firm must have the capability and

experience necessary to provide, as an exclusive franchise, collection and disposal of

solid waste, yard waste and recycling services to the CITY’s residential (single-family,

duplex, triplex, multifamily dwelling units) and commercial business/office units.

A qualified Proposer is defined as a legal entity authorized to conduct business within

the State of Florida whose management team has five (5) or more years of current or

past directly relatable management experience servicing Florida and South Georgia.

To be eligible, respondents must be able to provide information demonstrating that

they have their management team has a minimum of five (5) years of experience,

and respondent currently serves Florida and South Georgia regular residential

accounts that total seven s i x thousand (7,000)(6,000), and regular commercial

accounts, total at least two thousand (2,000) five hundred (500). Respondents must

include in the submittal a Florida or South Georgia reference city/county contract

name, reference contact name, telephone number, and e-mail address, start and end

dates of the contract(s), and the services provided, and the method of each collection

service.

5. CONTRACT AWARD

The CITY reserves the right to enter into a contract with the selected firm(s) that the

CITY deems to offer the best overall proposal(s). The CITY is therefore not bound to

accept a proposal on the basis of lowest price.

In addition, the CITY, at its sole discretion in the best interest of the CITY, reserves the

right:

To cancel this RFP,

To reject any and all proposals,

To waive any and all informalities and/or irregularities,

To consider any and all other alternatives submitted by proposers

To re-advertise with either the identical or revised specifications

The CITY reserves the right to further negotiate any proposal, including price, with

the highest rated respondent. If an agreement cannot be reached with the highest rated

respondent, the CITY reserves the right to negotiate and recommend award to the

next ranked respondent or subsequent respondents, until an agreement is reached.

The CITY reserves the right to award this contract to one or more firms. In the

event of a multiple award, the CITY may designate a Primary and Secondary

Contractor. The Secondary Contractor will be used if the Primary Contractor is

unable to cope with the demands of the project, or if the standards of performance

are unacceptable to the CITY requirements, or if the contract is terminated for cause

or convenience.

Award will be made only to responsible, licensed contractors possessing the ability to

perform successfully under the terms and conditions of these specifications.

Consideration will be given to such matters as contractor integrity, compliance with

public policy, record of past performance, references, and financial and technical

resources. Contractors submitting bids must be regularly engaged in the trade or trades

relating to the bids submitted.

6. CONTRACT TERM

The resulting unit price contract(s) for continuous services will be for a term of seven (7)

Years

Effective Contract Term Start Date: The effective contract term start date shall

be the date of award by the CITY or the date of the Notice to Proceed, whichever is

later.

Notwithstanding the provisions contained herein, the CITY’s obligations under this

contract shall be subject to annual appropriations as may be approved as part of the

CITY’s annual budget. In the event that the necessary funding is not approved, then

the affected multi-year contract becomes null and void, effective the first day of the

fiscal year for which such approval has been denied.

The City of Atlantic Beach reserves the right to negotiate with the awarded

vendor or to advertise a new solicitation for services.

The services outlined shall commence after the award and contract signing,

immediately upon issuance of Notice to Proceed. A transition scheduling, period and

plan is to be developed with the current contractor providing solid waste collection

services within the city. This will be closely coordinated with the CITY and the

CITY has final approval on the transition scheduling, period, and plan.

7. SUBMITTAL REQUIREMENTS

Submit completed proposal package one (1) original plus six (6) copies and one

(1) CD (or thumb drive) in one sealed envelope. Packages received without the

requested information or quantities may be rejected.

It is incumbent upon the respondent to ensure that all copies of the proposal package

submittals are complete and exact replicas of each other.

Clearly mark the submittal envelope with the RFP number, RFP title and

Respondent name.

It is incumbent upon the respondent to ensure that proposal package submittals are

received by the Purchasing Office on time. Submissions received after the due date

and time will not be considered. Modifications received after the due date and/or

letters of withdrawal received after the due date or after contract award, whichever is

applicable will not be considered.

No verbal interpretations will be made of any documents. Requests for such

interpretations shall be made via email only to swilliams@coab.us and

pdrake@coab.us no later than 3:00 PM March 18, 2021 April 8th April 5th, 2021.

Interpretation will be in the form of an addendum and will be published on the bid

section of the CITY’s website. Proposal packages can be obtained from

www.coab.us/bids.

SECTION B:

GENERAL

PROVISIONS

SECTION B: GENERAL PROVISIONS

1. INSTRUCTIONS TO RESPONDENTS

Specifications that are explicit to this particular Request for Proposal Number 21-03 are

found in SECTION C: Technical Specifications/Contract.

Minimum Proposal Package submittal requirements are found in SECTION D and Forms

in SECTION F. These must be completely filled out, to clearly explain how the

respondent will accomplish the specifications in SECTION C, appropriately executed and

submitted.

Failure to comply with the requirements of this paragraph may be construed by the CITY

as proper grounds for disqualifying any proposal at the CITY’s sole discretion

2. TERMS AND CONDITIONS:

A. General. It is the purpose and intent of this contract to secure the supplies and/or

services listed herein for the City of Atlantic Beach, Florida, hereinafter called the

“CITY.”

B. Time for CITY Acceptance. Unless otherwise specified herein, the respondent will

allow seventy-five (75) days from the last date for the receiving of proposals for

acceptance of its submittals by the CITY.

C. Effective Contract Term Start Date. The effective contract term start date shall be

the date of award by the CITY or date of Notice to Proceed, whichever is later.

D. Initial Term Length. The initial term of this contract shall be for seven (7) years.

E. Contract Term Ending Date. The initial Contract Term Ending Date shall be

determined by adding the Initial Term Length to the Contract Notice-to-Proceed date.

F. Extension of Contract.

1) The CONTRACTOR may request an extension of the contract in term lengths of

not more than seven (7) years. The CITY retains sole discretion on whether to

agree to a term extension, the length of the extension (not more than 7 years), and

if such an extension is advantageous to and benefits the best interests of the public

after or before negotiations with the CONTRACTOR.

2) If the CITY should advertise for proposals, this contract shall automatically be

extended month-to-month to allow the CITY to receive and assess proposals, to

award a new contract for collection and disposal of solid waste and recycling,

and to ensure a smooth, cooperative and seamless transition between contractors

to minimize impact and disruption to customers and to maintain safety and health

standards.

G. Contract Termination.

1) Subject to a thirty (30) day written notice, the CITY reserves the right to terminate

the resulting contract for the following causes:

a) The CONTRACTOR fails to perform the work in a satisfactory manner as

determined by the CITY.

b) The CONTRACTOR fails to perform the work in a timely manner as

determined by the CITY.

c) For convenience. By the CITY, in whole or in part at any time by giving

written notice at least thirty (30) days in advance. In such event, the

CONTRACTOR shall be paid under the terms of the contract for all services

up to the termination date. Additionally, the CITY's performance and

obligation to pay under this Agreement is contingent upon annual

appropriations.

2) The CITY reserves the option at its sole discretion, to terminate this contract with

appropriate notice, up to twelve (12) months prior to the contract term ending

date or any extension thereof, if it is in the best interest of the CITY. Primarily,

this may be implemented so that the CITY could participate in neighboring

community standardization of service and uniformity of expiration and term of

contract.

H. Award.

1) The CITY reserves the right to waive informalities, to reject any and all proposals,

in whole or in part, and to accept the proposal(s) that in its judgment will best

serve the interest of the CITY.

2) The CITY reserves the right to waive formalities or informalities in proposals

and to reject any or all proposals or portions of proposal(s) or conditional

proposal(s) as is deemed to be in the best interests of the CITY as the CITY’s

sole discretion.

I. Trade Names. Where trade names or brands are specified, the proposal is to indicate

name of the equivalent item on which the respondent is proposing. In case a proposal

is made on an item offered as an equivalent, the CITY shall be the sole judge in

determining whether the proposal is for an equivalent item. Where a selection of

manufacturers and product numbers are given please specify the brand being

proposed.

J. Inspection. All supplies and workmanship shall be subject to inspection and test after

arrival at destination. In case any articles are found to be defective, or otherwise not

in conformity with the specification requirement, the CITY shall have the right to

reject such articles.

K. Payments. The CONTRACTOR shall be paid, upon the submission of invoices in

the format and number of copies as required by the CITY, which may be adjusted

from time-to-time at the discretion of the CITY. Invoices are to show Purchase Order

Number.

3. ADDITIONAL INFORMATION

The information in this RFP package is provided to facilitate proposals. Much effort was

made to provide necessary and accurate information, but the CITY is not to be penalized

for any lack of completeness. If you require further information regarding this submittal,

please contact Scott Williams, Public Works Director swilliams@coab.us and Patricia

Drake, Purchasing Manager pdrake@coab.us.

4. ADDENDA TO THE RFP

If any addenda are issued to this RFP, a good faith attempt will be made to deliver a copy

to each of the respondents, who, according to the records of the Purchasing Division

previously requested a copy of this RFP. However, prior to submitting a proposal, it shall

be the responsibility of the respondent to determine if any addenda were issued. Such

information will be posted on the City’s website at www.coab.us/bids. Respondents should

either acknowledge receipt of such addenda on their proposal, or attach such addenda to

their proposal.

5. USE OF PROPOSAL RESPONSE FORMS

All proposals must include the completed Proposed Pricing Form provided in this package,

and all questions must be answered. Proposals will not be accepted where the Proposal

Tender Form has been retyped or altered by the respondent. Failure to comply may

preclude consideration of the proposal. Supplemental information may be attached to the

Proposed Pricing Form.

6. DEVIATIONS FROM REQUESTED PLAN

The contract terms and conditions stipulated in this RFP are those required by the CITY.

Respondents are required to submit their proposal, which complies with the requested

services. Any deviations from the services requested should be clearly noted.

7. CONFLICT WITH SPECIMEN CONTRACTS

Unless specifically noted to the contrary as a deviation from the RFP, the submission of

respondent’s specimen contract with a respondent’s proposal submittal shall not constitute

notice of the respondent’s intent to deviate from the RFP in a restrictive manner. Unless

specifically noted otherwise, the attachment of the respondent’s specimen contract shall

be deemed to be an offer in at least full compliance with the RFP, and the respondent

expressly agrees to reform said contract to the extent inconsistent in a restrictive manner

from the RFP. That is, submission of a respondent’s contract shall be deemed solely an

offer of supplemental terms and conditions not otherwise addressed in the RFP or a

broadening of terms and conditions to the benefit of the CITY beyond that required by the

RFP.

8. ERRORS IN SUBMITTALS

Respondents shall fully inform themselves as to the conditions, requirements and

specifications before submitting the proposal. Failure to do so will be at the respondent’s

own risk, and a respondent cannot secure relief on a plea of error. Neither law nor

regulations make allowance for errors either of omission or commission on the part of the

respondents.

9. LEGAL AND REGULATORY COMPLIANCE

The respondent must agree to comply with all applicable federal, state and local laws,

ordinances, rules and regulations as the same exist and as may be amended from time-to-

time, including, but not limited to the Public Records Law, Chapter 119, Florida Statutes.

If applicable, for each public agency contract for services, CONTRACTOR is required to

comply with F.S. 119.0701, which includes the following:

A. Keep and maintain public records that ordinarily and necessarily would be required

by the public agency in order to perform the service.

B. Provide the public with access to public records on the same terms and conditions

that the public agency would provide the records and at a cost that does not exceed

the cost provided in this chapter or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public

records disclosure requirements are not disclosed except as authorized by law.

D. Meet all requirements for retaining public records and transfer, at no cost, to the

public agency, all public records in possession of the CONTRACTOR upon

termination of the contract and destroy any duplicate public records that are exempt

or confidential and exempt from public records disclosure requirements.

All records stored electronically must be provided to the public agency in a

format that is compatible with the information technology systems of the

public agency.

10. CANCELLATION/NON-RENEWAL/ADVERSE CHANGE/RATE INCREASE

NOTICE

The CITY should be given at least a 180-day notice of cancellation, non-renewal, adverse

change or increase in rates.

11. WAIVER/REJECTION OF PROPOSALS

The CITY reserves the right to waive formalities or informalities in proposals and to reject

any or all proposals or portions of proposals, or to accept any proposals or portions of

proposals deemed to be in the best interest(s) of the CITY or to negotiate or not negotiate

with the respondent.

12. AUTHORIZED OFFER

The person submitting the proposal should indicate the extent of authorization by the

Company to make a valid offer in the proposal summary that may be accepted by the

CITY to form a valid and binding contract.

If the person submitting the proposal is not authorized to submit a proposal that can be

bound by CITY acceptance, such a person should also obtain the signature of an

authorized representative of the insurer, that may result in a bound contract upon the

CITY’s acceptance.

13. USE OF PROPOSAL BY OTHER AGENCIES

It is hereby made a part of this RFP that the submission of any proposal response to

the advertisement request constitutes a proposal made under the same terms and

conditions, for the same contract price, to other governmental agencies if agreeable

by the submitter and the governmental agency.

At the option of the vendor/contractor, the use of the contract resulting from this

solicitation may be extended to other governmental agencies including the State of

Florida, its agencies, political subdivisions, counties and cities.

Each governmental agency allowed by the vendor/contractor to use this contract

shall do so independent of any other governmental entity. Each agency shall be

responsible for its own purchases and shall be liable only for goods or services

ordered, received and accepted. No agency receives any liability by virtue of this

RFP and subsequent contract award.

14. PUBLIC ENTITY CRIMES STATEMENT

A person or affiliate who has been placed on the convicted vendor list following a

conviction for a public entity crime may not submit a proposal on a contract to provide any

goods or services to a public entity, may not submit a proposal on a contract with a public

entity for the construction or repair of a public building or public work, may not submit a

proposal on leases of real property to a public entity, may not be awarded or perform work

as a contractor, supplier, sub- contractor, or consultant under a contract with any public

entity, and may not transact business with any public entity in excess of the threshold

amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months

from the date of being placed on the convicted vendor list. (See attached FORM 2.)

15. CONFLICT OF INTEREST / CONE OF SILENCE

Any lobbying by or on behalf of the respondent may result in rejection/disqualification

of said proposal / bid at the CITY’s sole discretion. Respondents shall refrain from any

communication with City Commission members, CITY Staff, or members of any

Board or Agency of the CITY, regarding this proposal.

DURING THE PERIOD BETWEEN PROPOSAL / BID ADVERTISEMENT DATE

AND THE CONTRACT AWARD, RESPONDENTS, INCLUDING THEIR AGENTS

AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE

THEIR PROPOSAL WITH ANY MEMBER OF THE CITY COMMISSION, CITY

STAFF, OR MEMBERS OF ANY BOARD OR AGENCY OF THE CITY, EXCEPT

UPON THE REQUEST OF THE CITY OF ATLANTIC BEACH PURCHASING

OFFICE IN THE COURSE OF CITY-SPONSORED INQUIRIES, BRIEFINGS,

INTERVIEWS, OR PRESENTATIONS.

This provision is not meant to preclude respondents from discussing other matters with

City Commission, CITY staff or members of any CITY Board or Agency. This policy

is intended to create a level playing field for all potential respondents, assure that

contract decisions are made in public, and to protect the integrity of the RFP / RFQ /

ITB process. Its purpose is to stimulate competition, prevent favoritism and secure the

best work and materials at the lowest practicable price, for the best interests and benefit

of the taxpayers and property owners. Violation of this provision may result in rejection

of the respondent's proposal.

The Cone of Silence shall be imposed on this RFP / RFQ / ITB upon its advertisement

and shall terminate at the time the City Commission and/or City Manager awards the

solicitation. However, if the City Commission and/or the City Manager refers the

recommendation of award back to the CITY staff for further review, the Cone of

Silence shall be re-imposed until such time as the City Council and/or the City Manager

makes a subsequent award for the solicitation.

The Cone of Silence prohibits the following activities:

A. Any communication regarding this RFP / RFQ / ITB between a potential vendor,

service provider, respondent, lobbyist or consultant and the CITY’s professional

staff;

B. Any communication regarding this RFP / RFQ / ITB between the Mayor,

Commission members and any member of any Board or Agency of the CITY;

C. Any communication regarding this RFP / RFQ / ITB between potential vendor,

service provider, respondent, lobbyist or consultant and any member of a selection

or evaluation committee;

D. Any communication regarding this RFP / RFQ / ITB between the Mayor,

Commission members; any member of any Board or Agency of the CITY and the

selection or evaluation committee therefore;

E. Any communication regarding this RFP / RFQ / ITB between any members of the

CITY’s professional staff and any member of the selection or evaluation

committee; and

F. Any communication regarding this RFP / RFQ / ITB between a potential vendor,

service provider, respondent, lobbyist or consultant and the Mayor, Commission

members and any member of any Board or Agency of the CITY.

The Cone of Silence may not apply to:

A. Oral communications at pre-proposal / pre-bid meetings;

B. Oral presentations before selection or evaluation committees;

C. Public presentations made to the City Commission during any duly noticed public

meeting;

D. Written communications regarding a particular RFP, RFQ, or ITB between a

potential vendor, service provider, respondent, bidder, lobbyist or consultant and

the CITY’s Purchasing Agent or CITY employee designated responsible for

administering the procurement process of such RFP, RFQ, or ITB, provided the

communication is limited strictly to matters of process or procedure already

contained in the corresponding solicitation document;

E. Duly noticed site visits to determine the competency of bidders/respondents

regarding a particular bid/statement during the time period between the opening of

bids and the time the City Commission and/or City Manager makes the award;

F. Any emergency procurement of goods or services pursuant to

CITY Code;

G. Contract negotiations during any duly noticed public

meeting;

H. Communications to enable CITY staff to seek and obtain industry comment or

perform market research, provided all communications related thereto between a

potential vendor, service provider, respondent, bidder, lobbyist, or consultant and

any member of the CITY’s professional staff including, but not limited to, the City

Manager and his or her staff are in writing or are made at a duly noticed public

meeting. Violation of the Cone of Silence by a particular proposer / bidder or respondent may render

the RFP / RFQ award or bid award to said proposer / bidder or respondent voidable by the City

Commission and/or City Manager at the CITY’s sole discretion.

16. NON-COLLUSION AFFIDAVIT

As part of the solicitation process, Respondents are required to complete a Non-

Collusion Affidavit. This is intended to prevent corruption in the solicitation process

by requiring a declaration from the Respondent that they have not colluded with any

other party in preparation of their proposal. (See attached FORM 3)

17. DISCRIMINATION CLAUSE

An entity or affiliate who has been placed on the discriminatory vendor list may not

submit on a contract to provide goods or services to a public entity, may not submit a

proposal on a contract with a public entity for the construction or repair of a public

building or public work, may not submit proposals on leases of real property to a public

entity, may not award or perform work as a contractor, supplier, sub-contractor, or

consultant under contract with any public entity, and may not transact business with

any public entity.

18. SAFETY REQUIREMENTS FOR CONTRACTORS PROVIDING SERVICES TO

CITY

A. The CONTRACTOR shall comply with all Federal/State Occupational Safety and

Health Act (OSHA) Standards including 29 CFR 1910 and any other rules and

regulations applicable to construction and maintenance activities in the State of

Florida. The CONTRACTOR shall also comply with Chapter 442, Florida

Statutes (Toxic Substances in the Workplace) and any county or city or any other

agency’s rules and regulations regarding safety. The CONTRACTOR must

employ all possible means to prevent contamination or pollution of air, waterways

and soil.

B. The CITY’s safety personnel or any supervisor or inspector may, but is not required

to, order that the work be stopped if a condition of immediate danger is found to

exist. Nothing contained herein shall be construed to shift responsibility or risk of

loss for injuries or damage sustained as a result of a violation of this Article from

the CONTRACTOR to the CITY; and the CONTRACTOR shall remain solely and

exclusively responsible for compliance with all safety requirements and for the

safety of all persons and property at the project site.

C. The parties hereto expressly agree that the obligation to comply with applicable

safety provisions is a material provision of this contract and a duty of the

CONTRACTOR. The CITY reserves the right to require demonstration of

compliance with the safety provisions of this contract. The parties agree that such

failure is deemed to be a material breach of this agreement; and the

CONTRACTOR agrees that upon such breach, all work pursuant to the contract

shall terminate until demonstration to the CITY that the safety provisions of this

agreement have been complied with. In no event shall action or failure to act on

the part of the CITY be construed as a duty to enforce the safety provisions of this

agreement nor shall it be construed to create liability for the CITY for any act or

failure to act in respect to the safety provisions of this agreement.

19. INSURANCE REQUIREMENTS

A. GENERAL INSURANCE PROVISIONS

Hold Harmless: The CITY shall be held harmless against all claims for bodily injury,

disease, death, personal injury, and damage to property or loss of use resulting

there from, to the extent caused by the CONTRACTOR, unless such claims are

a result of the CITY’s sole negligence.

Payment on Behalf of the CITY: The CONTRACTOR agrees to pay on behalf

of the CITY, the CITY’s legal defense, for all claims described herein.

Such payment on behalf of the CITY shall be in addition to all other legal

remedies available to the CITY and shall not be considered to be the CITY’s

exclusive remedy.

Loss Control/Safety: Precaution shall be exercised at all times by the

CONTRACTOR for the protection of all persons, employees, and property.

The CONTRACTOR shall comply with all laws, regulations and ordinances

related to safety and health, shall make special efforts to detect hazardous

conditions, and shall take prompt action where loss control and safety measures

should reasonably be expected.

B. PROOF OF CARRIAGE OF INSURANCE & NAMING CITY AS

ADDITIONAL INSURED

The CONTRACTOR shall furnish the CITY with satisfactory proof of carriage

of insurance required herein. The CONTRACTOR shall name the City of

Atlantic Beach (CITY) as additional insured on the CONTRACTOR’s, and any

sub-consultant or sub-contractor’s Public Liability, Property Damage and

Comprehensive Automobile Liability Insurance Policies. The additional insured

shall be provided the same coverage as the primary insured for losses arising

from work performed by the CONTRACTOR or its sub-consultants or sub-

contractors. The proof of carriage or a copy of all policies shall be required prior

to commencement of any work under this Contract.

The CITY may order work to be stopped if conditions exist that present

immediate danger to persons or property. The CONTRACTOR acknowledges

that such stoppage will not shift responsibility for any damages from the

CONTRACTOR to the CITY.

C. BASIC COVERAGES REQUIRED:

During the term of this contract, the CONTRACTOR shall procure and maintain the

following-described insurance and/or self-insurance except for coverage’s

specifically waived by the CITY. All policies and insurers must be acceptable to the

CITY.

These insurance requirements shall not limit the liability of the CONTRACTOR.

The CITY does not represent these types or amounts of insurance to be sufficient

or adequate to protect the CONTRACTOR’s interests or liabilities, but are

merely minimums.

All insurers must carry a current A M Best rating of at least A-

Worker's Compensation Coverage is required.

The CONTRACTOR and all subcontractors shall purchase and maintain

worker's compensation insurance for all workers’ compensation obligations

imposed by state law and employer’s liability limits of at least $100,000 each

accident, $100,000 each employee and $500,000 policy limit for disease.

The CONTRACTOR and all subcontractors shall also purchase any other

coverage required by law for the benefit of employees.

General Liability Coverage is required for CONTRACTOR and all

subcontractors.

Commercial General Liability in Occurrence Form.

Coverage A shall include Bodily Injury and Property Damage coverage for

liability claims arising from premises, operations, contractual liability,

independent Contractors, products and complete operations and including but not

limited to coverage for claims resulting from explosion, collapse, or underground

(x, c, u) exposures (if any).

Coverage B shall include personal injury and is required.

Coverage C, medical payments are not required.

Amounts: Bodily Injury: $1,000,000 each occurrence

$1,000,000 Aggregate

Property Damage: $1,000,000 each occurrence

$1,000,000 aggregate

Products and Completed Operations are required for

CONTRACTOR and all subcontractors.

Amount: $1,000,000 aggregate

Business Auto Liability Coverage is required for CONTRACTOR and all

subcontractors.

Business Auto Liability Coverage is to include bodily injury and property damage

arising out of ownership, maintenance or use of any auto, including owned, non-

owned and hired automobiles and employee non-ownership use.

Amounts: Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate

Property Damage:

$1,000,000

Each Occurrence

$1,000,000 Aggregate

Professional Liability is required

Pollution Liability Required of CONTRACTOR and all subcontractors.

The CITY requires Pollution/Environmental Liability insurance covering

cleanup costs including on-site discovery and third party liability, on-site and

off-site third party pollution liability coverage, natural resources damage

coverage.

Limits of Liability: $1,000,000 Each Pollution Event Limit

$1,000,000 Aggregate Policy Limit

Excess or Umbrella Liability Coverage.

Umbrella Liability insurance is preferred, but an Excess Liability equivalent may

be allowed. Whichever type of coverage is provided; it shall not be more

restrictive than the underlying insurance policy coverages.

Limits of Liability: $1,000,000 Each Occurrence

$1,000,000 Aggregate

Claims Made Coverage – No Gap

If any of the required professional or pollution liability insurance is provided

on a “claims made” form, such coverage shall extend for a period of not less

than 36 months following completion of the contract. In the event of

termination of claims made policy, extended coverage may be provided by

assurance that extended discovery coverage of at least 36 months will be

purchased from the expiring insurer, or by assurance that the succeeding

insurer will provide retroactive coverage with an inception date of at least on

or before the effective date of this contract.

D. CERTIFICATES OF INSURANCE OF CONTRACTOR AND ALL

SUBCONTRACTORS

Required insurance shall be documented in Certificates of Insurance which

provide that the CITY shall be notified at least 30 days in advance of

cancellation, non-renewal or adverse change.

New Certificates of Insurance are to be provided to the CITY at least 15

days prior to coverage renewals.

If requested by the CITY, the CONTRACTOR shall furnish complete copies of the

CONTRACTOR's insurance policies, forms and endorsements.

For Commercial General Liability coverage, the CONTRACTOR shall at the

option of the CITY, provide an indication of the amount of claims, payments, or

reserves chargeable to the aggregate amount of liability coverage.

NOTE: Any sub-contractors approved by the CITY shall be required to

provide proof of insurance identical in amounts as required by the contract to

perform related services. All coverages shall name the CITY as “additional

insured”.

Receipt of certificates or other documents of insurance or policies or copies of

policies by the CITY, or by any of its representatives, which indicate less coverage

than required will not constitute a waiver of the successful proposer(s)’ obligation

to fulfill the insurance requirements herein.

20. PERFORMANCE BOND

A. Simultaneously with the delivery of the executed contract to the CITY, a

respondent, to whom a contract has been awarded, must deliver to the CITY an

executed Performance Bond on the prescribed form in an amount of one-hundred

percent (100%) of the total amount of the accepted proposal annual revenue, as

security for the faithful performance of the contract and for the payment of all

persons performing labor or furnishing materials or equipment in connection

therewith. The Performance Bond shall have as the surety thereon only such surety

company or companies as are authorized to write bonds of such character and

amount under the laws of the State of Florida and with a resident agent in the

county in which the project is located. The Attorney-in-Fact or other officer who

signs the Performance Bond for a surety company must file with such bond a

certified copy of his Power- of-Attorney authorizing him to do so.

B. The Performance Bond shall remain in force for one (1) year from the date of final

acceptance of the work (termination of the franchise contract) as a protection to the

CITY against losses resulting from latent defects in materials or improper

performance of work under contract, which may appear or be discovered during

that period (See attached FORM 4.), and must be in the amount of 100% of the annual revenue, but must not be less than $250,000, asp per Section 7, Item E; Guarantees of Performance.

21. BANKRUPTCY

No firm will be issued a contract for the work, which has filed bankruptcy in the past

seven (7) years.

22. WARRANTY

A CONTRACTOR statement warranting material and labor for a minimum of one year

(365 calendar days) shall be issued to the CITY following the CITY’s acceptance of each

renovation as being complete and just prior to issuance of final payment.

The end of the warranty period shall be subject to the performance of a joint warranty

inspection by the CITY and the CONTRACTOR. The warranty period shall be

automatically extended beyond the 365-day period until this joint inspection is

accomplished. The CONTRACTOR shall be responsible for scheduling this joint

inspection with the CITY.

If warranty issues are discovered during the joint inspection, then warranty period

remains in effect during corrections and subsequent warranty assurance period.

23. NONEXCLUSIVE

Notwithstanding the contract resulting from this RFP, the CITY reserves the right to

follow its normal purchasing procedures at any time to procure additional services for

any of the types of work noted in this RFP.

24. DRUG FREE WORKPLACE COMPLIANCE FORM

Attached is a Drug Free Workplace Compliance Form. All submitted proposals must

include this form executed by the proper representative of your company. (See attached

FORM 2).

25. INDEMNIFICATION

The firm, without exception, shall indemnify and hold harmless the CITY, its officers,

agents, and employees from any and all liability of any nature and kind including costs

and expenses for, or on account of, any copyrighted materials, patented or unpatented

invention processes, or article manufactured or used in relation to this RFP. If the firm

uses any design, device, or material covered by letters-of-patent or copyright, it is

mutually agreed and understood, without exception, that the fees charged by the firm

shall include all royalties or costs arising from the use of such design, device, or material.

26. PROPOSAL IS NOT A BID

This Request for Proposal is not to be considered a bid. The CITY will evaluate responses

based on the criteria set forth in this RFP. The evaluation process is to consider all

requested criteria to determine which firm is the most highly qualified to perform the

required services.

27. PROPOSAL BOND

A Proposal Bond, properly executed by the Proposer and by a qualified surety company

with an A, Class 9 or higher financial rating, as shown in Best's Key Rating Guide, or

a Certified or Cashier's check on any National or State Bank, in the sum of not less than

ten percent (10%) of the proposal revenue for the first year of the contract, made payable

to the City of Atlantic Beach, shall accompany each proposal as a guarantee that the

Proposer will not withdraw from the competition after opening of the Proposals, for a

period of ninety (90) days, and in the event the contract is awarded to the Proposer,

contractor will then enter into a contract and furnish the required guarantees of

performance, at which time all Proposal Bond deposits will be returned, failing which,

contractor shall forfeit the deposit as liquidated damages. All unsuccessful Proposers will

be refunded their Proposal deposits or Proposal Bonds after the award has been made.

SECTION C:

CONTRACT

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SECTION C: CONTRACT

CONTRACT

THIS AGREEMENT, made and entered into this day of , 2021, by and

between the City of Atlantic Beach, Duval County, Florida, hereinafter referred to as “the City”

and , hereinafter referred to as “the Contractor”.

NOW THEREFORE, in consideration of the mutual covenants, agreements, and considerations

contained herein, the City and the Contractor hereby agree as hereinafter set forth:

SECTION 1 - DEFINITIONS

For the purposes of this solicitation, the following terms, phrases, words and their derivation shall

have the meaning given therein. The word “shall” is always mandatory and not merely directive.

The following definitions are supplemental to those listed in Chapter 16 – Solid Waste and

Recycling – of the CITY Code, as may be updated from time- to-time.

A. CITY shall mean the City of Atlantic Beach, Florida, a municipal corporation, acting

through the City Commission or City Manager, or official designated by the City Manager

as the case may be.

B. CITY MANAGER SHALL MEAN THE City Manager or his or her designee, and

PUBLIC WORKS DIRECTOR shall mean Public Works Director or his or her designee.

C. CONTRACTOR shall mean the provider of services solicited in this RFP, and any and all

of its authorized management and operating representatives.

D. BULKY WASTE shall mean large discarded items generated from residences and

commercial businesses within the City, such as pallets, furniture, refrigerators, stoves and

other household appliances.

E. COMMERCIAL RECYCLING COLLECTION refers to collection, transportation, and

recovery of recyclable materials by a Contractor from participating commercial units in the

recycling service area. This does not include commercial recycling, which will be

accomplished on an open market basis per existing City, County and State ordinances.

F. COMMERCIAL CART PICKUP shall mean garbage and trash collection service to

commercial customers utilizing CARTS (96 gallon maximum) one (1) time per week.

G. COMMERCIAL TRASH shall mean any and all accumulations of paper, rags, excelsior,

wooden, paper or cardboard boxes or containers of sweepings, and any other accumulations

not included under the definition of garbage, generated by the operation of stores, offices

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and other business places. Commercial trash shall include furniture, appliances, car parts,

and all other accumulations not included with the definition of garbage. Commercial trash

shall also include all trash placed in public receptacles, on public streets, in parks and

playgrounds, and in other public places.

H. COMMERCIAL UNIT shall mean all units (including City-owned property and

buildings) other than those described in V(a), V(b).

I. CONSTRUCTION AND DEMOLITION DEBRIS means discarded materials generally

considered to be not water-soluble and nonhazardous in nature, including, but not limited

to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and

lumber, from the construction or destruction of a structure as part of a construction or

demolition project or from the renovation of a structure, and including rocks, soils, tree

remains, trees, and other vegetative matter that normally results from land clearing or land

development operations for a construction project, including such debris from construction

of structures at a site remote from construction or demolition project site. Mixing of

construction and demolition debris from other types of solid waste will cause it to be

classified as than construction or demolition debris. The term also includes:

a. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project

b. Effective January 1, 1997, except as provided in 2s. 403.707(13)(j), unpainted, non-

treated wood scraps from facilities manufacturing materials used for construction

of structures or their components and unpainted, non-treated wood pallets provided

the wood scraps and pallets are separated from other solid waste where generated

and the generator of such wood scraps or pallets implements reasonable practices

of the generating industry to minimize the commingling of wood scraps or pallets

with other solid waste, and

c. De Minimis amounts of other nonhazardous wastes that are generated at

construction of destruction projects, provided such amounts are consistent with best

management practices of the industry.

J. CONTAINERS EMPTIED BY MECHANICAL MEANS shall mean front-end load

dumpsters, roll-off containers, etc. It shall not include toters emptied using automated or

semi-automated truck mounted equipment.

K. DESIGNATED RECOVERY FACILITY shall mean the recycling/processing center(s)

specifically agreed upon by the Contractor and the City for the recovery of recyclable

materials.

L. EXCLUDED WASTE shall mean any and all debris and waste products generated by land

clearing, building construction or alteration and hauled away by the respective contractor

(except do-it-yourself projects); public works type construction projects whether

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performed by a governmental unit or by a contractor; waste produced by governmental

agencies other than the City of Atlantic Beach; materials deemed by the Public Works

Director to be hazardous waste and items not allowed at the County landfill or other

approved landfill. Yard waste produced by landscape maintenance contractors which is

hauled away by the contractor is also considered excluded waste. Any automotive parts

which contain petroleum components, automotive engines, transmissions, frames or

bodies.

M. GARBAGE shall include and mean all accumulations of animal, fruit or vegetable matter

that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl,

fruit, vegetables, and any other matter, of any nature whatsoever which is subject to decay,

putrefaction and the generation of noxious and offensive gases or odors, or which, during

and after decay, may serve as breeding or feeding material for flies and/or other germ-

carrying insects; bottles, cans, or other food containers which, due to their ability to retain

water, may serve as a breeding place for mosquitoes or other water-breeding insects, and

does not include recyclables.

N. HOUSEHOLD TRASH shall mean any and all accumulations of waste material from the

operation of a home, which is not included within the definition of garbage. Household

trash shall include all bulky wastes, yard toys, and building material waste from residential

type do-it-yourself projects, but does not include vegetative matter.

O. MULTI-FAMILY DWELLING UNITS shall mean any building containing more than

four permanent living units, utilizing mechanically emptied containerized collection.

P. NEIGHBORING COMMUNITY shall mean municipalities within Duval County

contiguous to either the City of Atlantic Beach, Intra-coastal waterway or the Atlantic

Ocean.

Q. PERFORMANCE BOND shall mean the form of security approved by the City and

furnished by the Contractor, as a guarantee that the Contractor will execute the work in

accordance with the terms of the contract and will pay all lawful claims.

R. RECOVERED MATERIALS means metal, paper, cardboard, glass, plastic, textile, or

rubber materials that have known recycling potential, can be feasibly recycled, and have

been diverted and source separated or have been removed from the solid waste stream for

sale, use, or reuse as raw materials, whether or not the materials require subsequent

processing or separation from each other, but does not include materials destined for any

use that constitutes disposal. Recovered materials as described above are not solid waste.

S. RECYCLABLE MATERIALS shall mean fiber (newspaper, magazines, cardboard,

boxboard, brown paper bags, telephone books, catalogues, office paper, etc.), aluminum

and metal beverage and food cans, all colors of glass bottles/jars, and plastic bottles coded

1 through 6, at the bottom, which previously held liquid (no automotive, or toxic chemical

bottles), and such other materials as mutually agreed upon in writing by the Contractor and

the Contract Administrator during the term of this Agreement.

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T. RECYCLING SERVICE AREA shall mean the entire area within the City limits as may

be amended from time to time as a result of annexations into the City.

U. REFUSE shall include and mean all garbage, dead animals, vegetative garden and yard

trash, bulky wastes, household trash, commercial trash, and construction and demolition

debris.

V. RESIDENTIAL CURBSIDE COLLECTION refers to collection, transportation, and

recovery of garbage, vegetative garden and yard trash, bulk items and recyclable materials

by the Contractor from participating residential units in the entire area within the City limits

and as amended from time to time.

W. RESIDENTIAL RECYCLING CONTAINERS or CARTS shall mean a rollout

receptacle purchased and distributed by the Contractor on behalf of the City for the

intended use as a receptacle of recyclable materials. Design and colors to be approved by

City.

X. RESIDENTIAL UNIT shall mean one single family dwelling or one living unit or a multi-

family dwelling of four (4) units or less and mobile home parks utilizing toter container

collection.

Y. MULTI-FAMILY RESIDENTIAL shall mean multiple family dwelling buildings

utilizing mechanically emptied containers.

Z. SOURCE SEPARATED means the recovered materials are separated from solid waste

where the recovered materials and solid waste are generated. The term does not require

that various types of recovered materials be separated from each other and recognizes de

Minimis solid waste, in accordance with industry standards and practices, may be included

in the recovered materials.

AA. SURETY shall mean the party who is bound with and for the Contractor to insure the

payment of all lawful debts pertaining to and for the acceptable performance of the

contract.

BB. TOTER or CART shall mean wheel-mounted plastic or galvanized metal cans or carts

with attached tight fitting lids designed for the accumulation and storage of solid waste or

recyclables in preparation of collection services. Sizes of such carts range from 64 and 96

gallons.

CC. TRASH, unless specifically provided to the contrary, the term trash shall include and

mean commercial trash, household trash, and garden and yard trash as defined below.

DD. VEGETATIVE GARDEN AND YARD TRASH shall mean any and all accumulations

of grass, palm fronds, leaves, branches, shrubs, vines, trees, tree stumps, and other similar

items generated by the homeowner’s maintenance of lawns, shrubs, gardens and trees.

23

SECTION 2 - SCOPE OF WORK

It is the intent of this contract to provide for the total collection of all refuse in the City of

Atlantic Beach, Florida, with the exception of exclusions, which are specifically listed herein.

A. RESIDENTIAL UNITS (Single, Duplex, Multi-Family Dwelling

Units of four (4) units or less utilizing Cart Collection)

1. GARBAGE, HOUSEHOLD TRASH and RESIDENTIAL RECYCLING

a) WHEN: The contractor will collect garbage and trash from places of residence

once per week, with the City divided into five zones for daily collection purposes.

All pickups (household trash, yard waste and recycling) will be made on the same

day of the week, using separate vehicles. Bulk items, such as household furniture

and white goods (appliances), shall be removed by the Contractor within 48 hours

from being set out, unless the item is set out on Tuesday or Friday, then the

response will occur on the following collection day. It shall be the responsibility

of the garbage and trash route driver to note bulk items that are set out and

immediately radio in the item to be picked up to the Contractor’s dispatcher. The

collection shall then be scheduled as stated above. It will be the responsibility of

the Contractor to monitor and keep accurate records of all bulk items by quantity,

weight and type of appliances (e.g., refrigerators, stoves, etc.) and submit a report

monthly to the Public Works Director of quantity and weight for such bulk items

collected. Appliances must be picked up on Tuesdays and Fridays. Residential

collection shall normally occur on Monday through Friday between the hours of

7:00 AM and 7:00 PM, inclusive. Any extension of collection hours must be

authorized in writing or electronically in advance by the Public Works Director.

For Holidays listed in Section 4.F, pickups on the holiday and subsequent days

of that week will slide one day later. If weekend collection is needed following

a holiday or other circumstances, collection shall not begin earlier than eight

o’clock (8:00) a.m. and shall cease no later than seven o’clock 7:00) p.m. Normal

routes are not to be scheduled on Saturday or Sunday.

Should the County close the landfill in honor of holidays, the Contractor shall

not be required to collect on that day. The Contractor then would collect on the

following day, excluding Sunday. Customers under this contract shall receive

reasonable notification, as approved by the Public Works Director, of the

schedules provided by the Contractor prior to commencement of service.

b) QUANTITY: The Contractor shall be required to pick up all garbage and

household trash placed within or near the collection Carts generated by a

residential unit. All vegetative garden and yard trash shall be picked up except

for units with approved exemptions, per City ordinance.

c) WHERE: Complete garbage and refuse collection service is hereby provided for

in this contract. Collections of garbage shall be made from the curbside or within

24

5 feet of edge of pavement of the residential unit with the exception of

handicapped or elderly where special arrangements will be made for backdoor or

side yard pickup upon receipt of proper written notice to the service provider or

Public Works Director from a medical doctor (on a form provided by the

contractor). Household trash and bulk items, such as household furniture and

appliances, shall be placed at the curbside.

d) HOW: The Contractor shall make collections with a minimum of noise and

disturbance to the residents. Garbage receptacles shall be handled carefully by

the Contractor and shall be thoroughly emptied and left in an upright position

with the Cart lids closed in a location where they are found within 5 feet of the

edge of the pavement. Refuse may be transferred from the residents’ Carts into

tubs, cans, hampers, or other containers used by the Contractor in carrying refuse

to collection trucks. This work shall be done in a sanitary manner. The

Contractor’s employees shall pick up all garbage or trash spilled by the collector

immediately. Any item not collected by the contractor will require the contractor

to place a Contractor provided written notice either on the Cart or a door hanger

notice as to the reason(s) such items were not collected. The contractor will be

required to deliver to the Public Works Director on the same day as given a copy

of such notice which will include the address of such location. The Contractor

will submit a copy of the notices to the City electronically, using an approved

web- based tracking system (currently Trac-EZ). Any change from the current

system must be approved in advance by the Public Works Director.

e) Carts and Residential Recycling Carts: The Contractor shall provide a single Cart

(up to 96 gallon) for collection of household garbage. The Carts are to be

embossed with the City of Atlantic Beach Logo and supplied by the Contractor

at his expense. (See Section 17) The Contractor shall also provide to Residential

Units one (1) sixty-five (65) gallon Residential Recycling Cart.

i. Residents may request and receive an additional garbage Cart by

application through the City’s Finance Department.

f) The Contractor shall collect and dispose of automobile tires and automotive

batteries from residential customers, at no additional charge, in accordance with

state and federal disposal requirements; provided, however, that the Contractor

may impose an additional charge, with prior approval of the Public Works

Director and prior notice to the customer, if the following annual maximums are

exceeded by any residential customer: eight (8) automobile tires two (2)

automotive batteries.

g) Monitoring of service will be performed by the Public Works Director.

2. VEGETATIVE GARDEN AND YARD TRASH

a) WHEN: The Contractor shall collect garden and yard trash from places of

25

residence as specified in the routes accepted by the City from the Contractor.

b) QUANTITY: The Contractor shall be required to pick up all vegetative garden

and yard trash generated by a residential unit, up to a cumulative amount of five

(5) cubic yards weekly. The Contractor shall inform the owners of residential

units that items such as tree limbs, tree trunks, palm fronds, etc., shall be cut in

lengths of no greater than five (5) feet, and the item’s diameter six (6) inches or

less. No single item can exceed forty (40) pounds.

This does not include land clearing operation or preparation for construction or

removal of trees or tree trimming by a landscaping contractor or tree surgeon

which shall be properly disposed of by the landscape contractor. For items

exceeding 40 pounds or diameters greater than 6 inches, or amounts exceeding

five (5) cubic yards, a special pick up may be required and the Contractor may

levy a reasonable service charge, which is to be agreed to by the customer and

Contractor. The Public Works Director shall referee in the event of a dispute

regarding the special pick up charge. The Contractor is to provide a schedule of

standard charges to the City for the special pick up service annually, no later than

the anniversary date of this Contract. If a resident has more than 5 cubic yards

curbside, the Contractor will collect at least 5 cubic yards and tag the remainder

to notify resident of option to wait for pickup the following week or to call and

request a special pickup.

c) WHERE: Garden and yard trash shall be collected from the front of the premises

within five (5) feet of the curb or roadway (curbside). On streets where no

parkways or lawn areas near the street are available for placement of trash, the

owner or occupant shall place trash adjacent to the driveway, but not further than

five (5) feet from the street, and not in the street.

d) HOW: The Contractor shall make collections with a minimum amount of noise

and disturbance to the residents. Reusable containers shall be handled carefully

and shall be thoroughly emptied and left in an inverted position where they were

found. Boxes and bags of garden and yard trash shall be collected and any

spillage picked up immediately by the Contractor. Loose piles of garden and yard

trash shall be collected with pitch forks or other tools as needed, except for grass

clippings, leaves, pine needles, etc. which must be containerized. Any loose

waste dragged into the street as a result of the Contractor’s collection efforts must

be cleaned up before completion of the day’s route. It will be a requirement is

preferred that a “cherry picker” truck will be available to the City at all times, to

be in the City within four (4) hours of call but is not required. Contractor may

deliver all garden and yard trash collected by Contractor to a disposal or other

processing facility as determined by the Contractor in its sole discretion, unless

there will be additional cost to the City. Regardless, the City will not be

responsible for any additional cost for disposal.

26

3. MULTI-FAMILY UNITS-CONTAINERS BY MECHANICAL MEANS

Multiple family dwelling units not using Cart containers shall be required to use

containers emptied by mechanical means and shall be considered Commercial Units

except for collection of recyclable materials for which the above would be considered

residential.

B. COMMERCIAL UNITS

Commercial customers shall be identified as, but not limited to, all office buildings, stores, filling

stations, lodges, motels, laundries, hotels, all public buildings, food services, lodging

establishments, service establishments, light industry, schools, churches, clubs, hospitals, nursing

homes, and apartment buildings using mechanically emptied containerized collection or

commercial Cart collection.

1. WHEN: Refuse shall be collected not less than twice per week, unless approved in

writing for a specific location by the Public Works Director, and at a greater frequency

if required to protect the public health and safety. Collection service for customers using

containers emptied by mechanical means and commercial Cart collection will be

available for two days per week, and the frequency of service will be as mutually agreed

upon by the customer and the Contractor. The Public Works Director must approve

requests for frequency of service less than two times per week. Bulk items such as

furniture and appliances shall be removed by the Contractor within 48 hours from being

set out unless the item is set out on Friday, then the response will occur on the following

collection day. It shall be the responsibility of the garbage and trash route driver to note

bulk items that are set out and immediately radio in the item to be picked up to the

Contractor’s dispatcher. The pickup shall be scheduled as stated above. Collection shall

begin no earlier than seven o’clock (7:00) a.m. weekdays and no earlier than eight

o’clock (8:00) a.m. Saturdays and shall cease no later than seven o’clock (7:00) p.m.

weekdays and Saturdays, unless authorized in writing or electronically in advance by the

Public Works Director.

2. QUANTITY: All refuse generated at commercial and industrial establishments shall be

collected except for excluded wastes and recyclable material collection. The commercial

frontloader will not share garbage from any city/customer outside of Atlantic Beach.

Commercial and industrial estab1ishments may contract for recyclable material

collection independent of this contract in accordance with State statutes, City of Atlantic

Beach Ordinances or the Duval County Commercial Recycling Ordinance, as adopted or

as may be amended from time to time. Collection of commercial yard waste is optional

as landscape maintenance contractors may transport and dispose of generated

commercial yard waste thereby considered excluded waste.

3. WHERE: It is the duty of the owners/operators of such establishments to accumulate

refuse in locations mutually agreed upon by the owners/operators and the Contractor,

and which are convenient for collection by the Contractor. Where mutual agreement is

27

not reached, the Public Works Director (or his or her designated agent) shall designate

the location consistent with the ordinances and requirements of the City of Atlantic

Beach.

4. HOW: The Contractor shall make collections with as little disturbance as possible to

business and commercial establishments. This work shall be done in a sanitary manner

and the Contractor’s employees shall pick up any refuse spilled by the collector

immediately. The Contractor shall be responsible for returning the container to the

enclosure, closing the container doors and lids, and the screened enclosure doors or gates.

Only for those customers requiring solid waste collection services twice a week or more,

it will be a requirement of the contractor to properly spray the container each time it is

emptied with a sanitizing spray from the collection vehicle (containers emptied by

mechanical means only). In the event unsanitary conditions such as continually

overflowing containers or otherwise inappropriately placed materials are encountered by

the collection vehicle driver, it shall be his or her responsibility to immediately radio the

condition to the Contractor’s dispatcher who will in turn immediately notify the Public

Works Director. It shall be the responsibility of the collection vehicle driver to

immediately radio in any damage caused by his or her operation to the enclosure or gates

thereto to the Supervisor or Contractor’s dispatcher who will arrange for repairs at the

Contractor’s expense and immediately notify the Public Works Director.

5. CONTAINERS: Commercial and industrial establishments may use any of the following

containers for accumulation of refuse:

a) Refuse containers (Carts) as defined in this contract.

b) Containers emptied by mechanical means.

c) Dumpster containers shall be made available to commercial customers in 96-

gallon Carts, or containers with 2, 4, 6, 8, and 10 cubic yard capacities. Service

to commercial customers shall be provided with the same size containers

currently in use and with the same frequency of pick up unless otherwise

approved by the Public Works Director. If requested by the customer, the

Contractor will provide a change of container size one (1) time per year at no

charge to the customer. Any additional changes of size of container requested by

the customer, the Contractor may charge a $50.00 change of service fee.

d) Compacted containers – Roll off containers or VIP Compactor (FEL) containers.

C. RECYCING

1. RECYCLABLE MATERIALS COLLECTION AND DISPOSAL: The services to be

performed under this Agreement by the Contractor consists of curbside residential and

multi-family residential collection of all recyclable materials, and collection of all

recyclable materials from City owned locations in the recycling service area,

transportation, and recovery of said recyclable materials to a disposal or other processing

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facility as directed by the City, or, if no market is available, to an approved landfill,

mutually agreed to by the Contractor and the City. The Contractor shall perform such

services as are required to provide a complete recyclable materials program.

2. PROPOSED_SCHEDULE OF COLLECTION OF RECYCLABLES AND

DESCRIPTION OF THE WORK: The Contractor shall collect all recyclable material

set out for the purpose of recycling from all residential units. The collection of curbside

residential recyclables shall be conducted using one Residential Recycling Cart, furnished

by the Contractor.

3. FREQUENCY OF COLLECTION: Recyclable materials will be collected one time per

week, in a commingled state (single stream) and on the same day as garbage and yard waste

collection. Residential Recycling Carts shall be left in the position where they are found,

with lids closed, behind the curb or within five (5) feet of the edge of pavement.

4. HOURS OF COLLECTION: Collection shall begin no earlier than seven o’clock (7:00)

a.m. and shall cease no later than seven o’clock (7:00) p.m. weekdays, unless approved in

writing or electronically in advance by the Public Works Director. If weekend collection is

needed following a holiday or other circumstances, collection shall not begin earlier than

eight o’clock (8:00) a.m. and shall cease no later than seven o’clock 7:00) p.m. In the event

of an emergency, or unforeseen circumstances, collection may be permitted at a time not

allowed by this paragraph following approval by the Public Works Director or designee.

5. POINT OF PICKUP OF RECYCLABLE MATERIALS: Residential collection of

residential recyclable materials shall be at curbside. Multi-family recyclable materials shall

be picked up at a location adjacent to the regular refuse, or other such locations as will

provide ready accessibility to the Contractor’s collection crew and vehicle. In the event an

appropriate location cannot be agreed upon, the Public Works Director shall designate the

location. As with regular residential garbage collection, handicapped residents will be

accommodated at no additional fee.

6. RECEPTACLES: The Contractor shall pick up all recyclable materials which have been

properly prepared for collection, placed in Residential Recycling Carts and set at the

appropriate location.

Each residence within the service area will be provided with one Residential Recycling

Cart embossed with the City Recycling Logo at the Contractor’s expense. The Contractor

will maintain an adequate supply of Residential Recycling Carts.

Multi-family residential complexes utilizing mechanically emptied containers will utilize

the Residential Recycling Carts. The Residential Recycling Carts are to be supplied by the

Contractor at his or her expense.

7. METHOD OF COLLECTION OF RECYCLABLE MATERIALS: The Contractor

shall make collections with a minimum amount of noise and disturbance to the residents

and commercial customers. The Contractor shall handle Residential Recycling Carts with

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reasonable care and return them to the approximate location from which they were

collected. Any recyclable materials spilled by the Contractor shall be picked up

immediately. Residential Recycling Carts shall be thoroughly emptied and left upright with

lids closed at the point of collection. The Contractor and the City shall mutually develop a

procedure for handling placement of incorrect material in Residential Recycling Carts by

residents. At a minimum, the Contractor shall leave the incorrect materials in the recycling

bin along with a Contractor provided notice describing the proper materials and reason(s)

items have not been collected. The Contractor will be required to place such notice either

within the Residential Recycling Carts or place a door hanger notice at the residence. The

contractor will be required to deliver to the Public Works Director a copy of the notice

including the reason(s) items have not been collected and the address of the residence. This

is to be done on the same day the notice is given to the residence. The copy of the notice

may be sent electronically to the City, using the web-based system (Trac-EZ).

For multi-family residential units, the Contractor shall transport the individual Residential

Recycling Carts from the storage location, empty into the truck by source, and return to

their original location.

8. SCHEDULES AND ROUTES: Recyclable materials collection shall be made to

residential units on the same day in which garbage is collected. Therefore, schedules and

routes shall match the schedules and routes for solid waste collection, except that the Public

Works Director or designee is authorized to modify, extend or suspend schedules in the

event of natural disaster, health hazard or any other state of emergency requiring such

action.

9. MONITORING RECORDS: The Contractor shall be responsible for maintaining

information and records adequate to determine participation rates and weekly set-out rates

by percent for each material, volume of solid waste diverted from landfill by percent,

weight by material of items recycled, neighborhoods above or below average participation

and other information required by the City, County or the State of Florida necessary to

meet the requirements of the Solid Waste Management Act. The Contractor shall furnish

quarterly reports to the City containing the required information with an annual summary

report, which will be due to the City within sixty (60) days after the anniversary date of

this contract. Reports shall be on forms and in a format approved by the City.

10. MARKETING OF RECYCLABLE MATERIALS: The Contractor and the City shall

cooperate to develop markets for recyclable materials. To the extent possible, based on

availability, capacity and market prices, the Contractor may market the recyclable materials

through local business operations in Duval County. At a minimum, the Contractor will

provide for taking, marketing or storing of recyclables at the disposal or other processing

facility as directed by the City.

11. Intentionally Omitted.

12. CHARGES FOR DISPOSAL OF RECYCLABLE MATERIAL: In the event that

recyclable materials are not saleable and must be disposed of at a disposal facility, the

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Contractor will not charge the City for the number of tons of material so disposed.

13. PROMOTION-PUBLIC RELATIONS AND EDUCATION: The Contractor will be

responsible for all costs associated with the promotion of the recycling program, with this

financial responsibility capped at $10,000 per each seven (7) year contract term. The

City and Contractor will cooperate with the design and production of promotional events,

educational programs, and promotional materials such as advertising (digital, television or

print), mailers, flyers and/or door hangers for distribution. The Contractor further agrees

to conduct presentations for civic groups, homeowner associations, and other appropriate

citizens groups as deemed appropriate by the City.

14. COLLECTION VEHICLES: The Contractor shall have on hand at all times and in good

working order such equipment as shall permit the Contractor to adequately and efficiently

perform the contractual duties. Equipment shall be obtained from nationally known and

recognized manufacturers of garbage, yard waste and recycling collection equipment and

shall be kept in good repair, appearance, and in sanitary and clean condition at all times.

Collection vehicles shall be designed or modified for recyclables and shall be identified as

Recyclable Collection Vehicles Serving the City of Atlantic Beach. Prior to purchasing

equipment it shall be the responsibility of the Contractor to determine the available space,

turning radius, ceiling heights, etc. of the likely buyers or processors of the recyclable

materials. Replacement and additional vehicles shall be comparable equipment unless

otherwise agreed by the City. Such reserve equipment shall correspond in size and capacity

to the equipment used by the Contractor to perform the contractual duties. See Section 8,

Paragraph A, Page 42.

15. RESIDENTIAL RECYCLING CONTAINERS: One (1) sixty-five (65) gallon

Residential Recycling Container will be provided by the Contractor to each Residential

Unit, including Multi-family units of 4 or less dwellings.

D. PARKS, PICNIC AREAS, PROPERTY OWNED, LEASED, RENTED AND

CONTROLLED BY THE CITY OF ATLANTIC BEACH – (EXHIBIT B)

The Contractor shall empty all refuse Carts used by the general public in any of the areas or places

named in the above caption. The schedule may be amended during the term of the contract upon

the direction of the Public Works Director. The City shall have the right to use regular commercial

type trash containers, Carts or cans, with covers. Servicing of these facilities shall be performed

by the contractor and billed to the City at the proposed rates within the pricing submittal by the

contractor attached to this contract as Exhibit “B“.

E. MISCELLANEOUS

1. On days Contractor is scheduled in the City the Contractor shall pick up dead fowl, reptile,

animals, fish, etc. from public right-of-way, playgrounds, and all City owned property

within two (2) hours after notification by the Public Works Director, his or her designee,

or the Police Department.

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2. VACANT LOTS: The Contractor shall collect trash from normal maintenance of vacant

lots in the same manner as the collection from residences, except the Contractor will only

be responsible for the weekly collection of up to and including; See SECTION 2 Scope of

Work, # 2 Garden and Yard Trash, paragraph (b).

3. The Contractor shall be responsible for the collection and proper disposal of all used tires

improperly deposited on City right-of-ways and collected at the Public Works Complex at

no expense to the City.

F. CHANGE IN COST OF DOING BUSINESS

The fees or compensation payable to the Contractor may be adjusted upward or downward by an

appropriate Consumer Price Index (CPI) Collection Adjustment applied only to the Collection

Component of the fee rate(s) no more than once a contract year upon written request of the City or

the Contractor at least 90 days before the end of the contract year. The fuel adjustment portion of

the CPI will be applied as noted in paragraph H below. If a rate adjustment is not requested within

the time frame above, the rate adjustment for that particular 12 month period shall be deemed

waived and shall not be taken into consideration in the future rate adjustments. Under no

circumstances will the collection component be adjusted to be less than the initial collection

component rate set forth in the Agreement.

G. UNUSUAL CHANGES OR COSTS

The Contractor or the City may petition on June 1 of each calendar year during the term of this

contract for rate adjustments at reasonable times on the basis of unusual changes in the

Contractor’s cost of doing business, such as revised laws, ordinances, or regulations, changes in

location of disposal sites or changes in disposal charges. Disposal charges for residential (and

commercial) waste are a part of this Contract and are included in the total rate charged to the City.

The Contractor’s rate charged to the City will be segmented into collection, fuel and disposal

components for purposes of identifying these costs separately. In the event of a major change in

method or location of waste disposal (e.g., construction of a waste transfer station that substantially

alters the trip length for collected waste disposal), the City and Contractor will renegotiate both

commercial and residential rates, as necessary to reflect changes in the Contractor’s cost of doing

business.

H. FUEL ADJUSTMENT COMPONENT

During the term of this contract, the City shall adjust payments to the contractor on a semi-annual

basis for either increase or decrease for the fuel cost to the contractor for providing the service to

the City as per the contract. If the adjusted fuel rate decreases to below the original contracted fuel rate,

the original negotiated fuel rate will prevail. The fuel adjustment component (FAC) shall be adjusted

on the second quarter after the start date of the contract with the base of fuel pricing being set at ten

(10%) percent above the fuel pricing as per “On Highway Retail Diesel Price” Lower Atlantic

Region, U. S. Department of Energy, Energy Information Administration published on the

Internet at: http://www.eia.doe.gov/oil_gas/petroleum/info_glance/petroleum.html at the start

date of this contract and semi-annually thereafter. This fuel adjustment component will not

be considered within the CPI adjustment in paragraph F above.

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Example: Fuel cost as per the Internet listing at the start date of the contract:

$2.56 per gallon

10% of rate .26

Base Rate $2.82

1st Semi-Annual price $2.88 Rate increase .06 per gallon

.06 multiplied by the gallons used by contractor. Each semi-annual period the Contractor shall

calculate the adjusted fuel component price described above and send a letter to the City showing

the calculations using the route miles, route hours and gallons of fuel used to provide the services

to the City as per the contract. The vendor will break the fuel consumption into components for

each service provided, residential and commercial. The rate paid to the Contractor will be adjusted

by residential unit counts for residential and commercial will be adjusted by the collected cubic

yard price. If the Contractor fails to notify the City in writing as per the above-described format

within ten (10) days of the end of each semi-annual period the City will not consider the fuel

adjustment for that given quarter.

I. FAVORED NATIONS CLAUSE

In the event a neighboring municipality negotiates a more favorable rate than the City of Atlantic

Beach for the provisions of the same or substantially the same services provided in this contract

with the Contractor of this contract, the Contractor shall be required to, upon execution of the

agreement with the neighboring municipality, reduce the rates charged to the City to be equal to

or lower than the rates charged the neighboring municipality. Neighboring municipality shall mean

all municipalities within Duval County of Florida. See P in Definitions.

SECTION 3 - STORAGE AND OFFICE FACILITIES

The Contractor shall establish and maintain an office and maintenance facility within Duval

County where such service may be applied for, and complaints can be made within two (2) weeks

after approval and acceptance of this Agreement between the City and the Contractor. It shall be

equipped with sufficient toll free telephones; shall have a responsible person in charge with the

ability to communicate with the public and shall be sufficiently staffed during collection hours and

shall be open during the operational hours of this contract, 7:00 7:30 AM to 7:00 5:00 PM.

Contractors must provide a way for residents to leave a message for calls received after hours.

A. IN GENERAL

SECTION 4 - SCHEDULES AND ROUTES

The Contractor shall abide by the routes and schedules previously provided by the City. The

City reserves the right to deny the Contractor’s vehicles access to certain streets, alleys and

public right of ways, inside the City or outside the City in route to the disposal facilities, where

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it is in the best interest of the general public to do so due to conditions of streets or bridges.

The Contractor shall not interrupt the regular schedule and quality of service because of such

street closures. Individual route starting times and succession of pickup shall remain constant

so as to promote and achieve regularity of service. The Public Works Director shall approve

any and all route and/or schedule changes. The Contractor shall furnish written notices of

changes in schedules to the customers, at least ten (10) days prior to the actual change in routes

or schedules. The Public Works Director’s decision may be appealed to the City Manager. The

decision of the City Manager shall be final.

NOTE: The Contractor’s attention is directed to the fact that at various times during the year,

the quantity of refuse to be disposed of is materially increased by fluctuations in the amount

of garden and yard trash. This additional work-load will not be considered as adequate

justification for failure of the Contractor to maintain the required collection schedules and

routes.

B. STORM

1. Disaster Response Plan

The Contractor shall have a disaster response plan for removal and disposal of

excessive amounts of debris or refuse accumulated by reason of a storm of disastrous

proportions, natural disaster, severe disturbance, riot or other calamity. Prior to the

effective date of this contract, the contractor will provide the City with a detailed plan

specifically for the first seventy two (72) hours of an event as described above and is

required to update and review the plan, which will include pricing and terms for work

to be performed, with the City annually before the start of the hurricane season. The

City will agree to pay the FEMA rates stated at the time of the named event for the first

seventy-two (72) hours. Any additional collection required after the first seventy-two

(72) hours of the named event the Contractor and the City will revert to the pre-agreed

pricing and terms.

The Contractor shall have at all times, written agreements with sub—contractor(s) for

collection, hauling and disposal relating to the above should the Contractor not have

sufficient resources of its own to affect a timely clean up. Such agreement(s) should

contain operational details and unit pricing for collection and hauling with actual

disposal cost to be an add-on. The initial sub-contractor agreements are to be an

addendum to this contract with annual renewals to be reviewed and agreed to by the

City of Atlantic Beach. The Contractor’s emergency response plan should also have

operational details and unit pricing. Contractor and Sub-contractor agreements must be

reviewed and agreed to by the City prior to June 1st each year.

Should an event of the above magnitude occur, the Public Works Director and the

Contractor will meet as soon as possible to formulate and agree upon a clean-up plan.

The City reserves the option to utilize the Contractor forces, Contractor’s sub—

contractors, services other than provided by this contract (City’s own contractors), City

forces, mutual aid agreements or any combination thereof.

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2. Collection of Storm Debris

In addition to the forgoing, for expedited clearing of debris accumulated by reason of

a storm, natural disaster, severe disturbance, riot or other calamity, the City requires

additional yard debris pick up capacity. Contractor agrees to provide these emergency

services with compensation on a unit price basis as defined below:

Contractor will be paid at a rate of $85 /ton of yard debris or yard waste (net

weight) as documented on load tickets from the designated waste site. This rate will

apply to all yard waste collected in excess of 105% of the three year average weight

picked up for that month, pro-rated on a weekly basis (4.33 weeks per month) in any

given month as documented in the Sanitation monthly report. Activation of this

Section will be in the form of a Notice to Proceed from the Public Works Director. A

cleanup planning meeting between City and Contractor personnel will occur within 24

hours of receipt of the Notice to Proceed. When activated, the focus of the post storm

cleanup efforts by the Contractor will be on collection of bagged or containerized

trash that cannot be taken to a City of Jacksonville Temporary Debris Storage and

Reduction Site (TDSRS). A field supervisor dedicated to debris cleanup operations

shall be in the City and available to meet with City personnel at all times Contractor’s

trucks are conducting debris cleanup. Cleanup efforts under this addendum shall end

when storm cleanup by the City's bulk debris contractor is completed or after two

sweeps of the City have been completed, as determined by the Public Works Director.

Remaining debris, containerized and bulk, will be collected under the terms of the

existing Sanitation contract.

A copy of the scale certification will be provided with the first invoice for this service.

The tonnage rate above will constitute full compensation for debris collection and

disposal. No additional payment will be made for grinding, burning or other means of

final disposal for storm debris collected pursuant to this Section 4.2.b.

The unit price payable to the Contractor for the second and subsequent years of the

term hereof may be adjusted upward or downward on June 1 of each calendar year

during the term of this Agreement upon written request of the City or the Contractor at

least 90 days before such date. If requested, the rate adjustment shall be equal to 100%

of the Consumer Price Index (CPI), United States All Urban Consumers, South Size

class B/C, for all items, or if that index ceases to be published, an equivalent index

determined by the City, published by the U.S. Department of Labor, Bureau of Labor

Statistics for the preceding twelve (12) month contract period. No fuel rate adjustment,

other than what is included in the CPI calculation, is authorized.

City approval of a conceptual cleanup plan may be granted at any meeting required

pursuant to this Section 4.2, with written commitment of schedule and level of effort

from Contractor to follow within 48 hours of City approval.

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C. FORCE MAJEURE

The performance of any act by the City or Contractor hereunder may be delayed or suspended

at any time while, but only so long as, either party is hindered in or prevented from performance

by acts of God, the elements, pandemic, war, rebellion, strikes, lockouts or any other cause

beyond the reasonable control of such party, provided, however, the City Shall have the right

to provide substitute service from third party contractors or City forces and in such event the

City shall withhold payment due Contractor for such period of time. If the condition of force

majeure exceeds a period of 14 days, the City may, at its option and discretion, cancel or

renegotiate this Agreement.

D. EXCLUSIVE RIGHTS

The Contractor shall have sole and exclusive rights to collect refuse, as defined in the contract

agreement, within the corporate limits of the City of Atlantic Beach with the following

exception: Contractors, commercial and residential customers engaged in building or

remodeling operations, shall be permitted to remove the waste accumulated as a result of their

operations with their own trucks and labor or may contract with any hauler licensed by the City

to remove construction and demolition debris. All other waste removal will not be permitted

by another solid waste contractor, other than excluded waste, exempted yard waste,

commercial recycled materials, hurricane debris collected by the City or another contractor

chosen by the City. The City of Atlantic Beach reserves the right to pick up refuse relating to

street maintenance and other activities relating to City functions or ordinances. Contractor shall

have the exclusive right to collect and haul recyclable and recovered material except source

separated recovered material at commercial establishments as terms are defined under state

law.

E. MISCELLANEOUS

The Contractor shall not be responsible for scattered refuse unless his or her acts or those of

any of his or her employees have caused the same, in which case, the Contractor shall pick up

all such scattered refuse immediately. Employees of the Contractor shall not be required to

expose themselves to the danger of being bitten by vicious dogs in order to accomplish refuse

collection in any case where the owner or tenants have such animals at large, but the Contractor

shall immediately notify the customer and Public Works Director, in writing, of such

conditions and of his or her inability to make collection because of such conditions.

F. THANKSGIVING AND CHRISTMAS

When Thanksgiving or Christmas falls on a regularly scheduled collection day, the

Contractor shall collect all solid waste on the following day, excluding Sunday. Subsequent

collection days during the same week will slide one day later. Collection services will not be

affected by any other holidays.

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SECTION 5 - DURATION OF CONTRACT - COMMENCEMENT OF WORK

A. The term of this agreement shall be for a period of seven (7) years with work commencing

- and terminating on , unless terminated or breached at an earlier date.

B. The Contractor must commence work on the date and year entered in Section 5A. Failure

to commence work on the specified date will result in forfeiture of the Performance bond.

SECTION 6 – CONTRACTOR’S RELATION TO THE CITY

1. CONTRACTOR AS INDEPENDENT CONTRACTOR

It is expressly agreed and understood that the Contractor is, in all respects, an Independent

Contractor as to the work notwithstanding in certain respects the Contractor is bound to

follow the direction of designated City officials, and that the Contractor is in no respect an

agent, servant, or employee of the City. The contract specifies the work to be done by the

Contractor, but the method to be employed to accomplish this work shall be the

responsibility of the Contractor, unless otherwise provided in the contract. Subcontractors

will be dealt with as workmen and representatives of the general Contractor, and as such

will be subject to the same requirements as to character and Competence as are other

employees of the Contractor. Any sub- contractors employed by the Contractor must first

be approved in writing by the City Manager and the Public Works Director prior to

performing any work within the City. Approval by the City Manager and the Public Works

Director does not relieve the Contractor from any responsibilities or liabilities stated within

the Agreement.

2. SUPERVISION OF CONTRACT PERFORMANCE

The Public Works Director shall supervise the Contractor’s performance of this contract or

some other official of the City designated by the Public Works Director, and the Contractor

shall be so notified in writing by the Public Works Director. If at any time during the life

of the contract, performance satisfactory to the Public Works Director shall not have been

made, the Contractor, upon notification by the Public Works Director, shall increase the

force, tools and equipment as needed to properly perform this contract. The failure of the

Public Works Director to give such notification shall not relieve the Contractor of his or

her obligation to perform the work at the time and the manner specified by this contract.

3. PUBLIC WORKS DIRECTOR TO BE REFEREE

To prevent misunderstanding and any litigation, the Public Works Director or his or her

designated representative, shall decide any and all questions which may arise concerning

the quality and acceptability of the work and services performed, the sufficiency of

performance, the interpretation of the contract provisions, and the acceptable fulfillment of

the contract on the part of the Contractor; and the Public Works Director will determine

whether or not the amount, quantity, character and quality of the work performed is

37

satisfactory, which determination shall be final, conclusive and binding upon both the City

and the Contractor. The Public Works Director shall make such explanation as may be

necessary to complete, explain or make definite the provisions of this contract; and his or

her findings and conclusions shall be final and binding upon both parties.

4. INSPECTION OF WORK

The Contractor shall furnish the Public Works Director or his or her authorized

representative with every reasonable opportunity for ascertaining whether or not the work

as performed, is in accordance with the requirements of the contract. The Contractor shall

designate, in writing, the person to serve as agent and liaison between his or her

organization and the City. He may designate him/herself to so serve. The Public Works

Director may appoint qualified persons to inspect the Contractor’s operation and equipment

at any reasonable time. The Contractor shall admit members of the City Commission and

other authorized representatives of the City to make such inspections at any reasonable

time and place with proper notice by the City to the contractor, not less than twenty- four

(24) hours.

5. DISAGREEMENTS – REFUSE TO BE COLLECTED - HOW

It is recognized that disagreements may arise between the City and the Contractor with

regard to the collection of certain items, not including excluded waste, due to

interpretation of the specific language in the contract.

In the event a disagreement arises and refuse needs to be collected and disposed of that

does not include excluded waste, the Public Works Director or his or her authorized

representative may notify the Contractor of the location of refuse which has not been

collected due to disagreement between the City and the Contractor, and it shall be the duty

of the Contractor to remove all such refuse within two (2) days of the notice. Should the

Contractor fail to remove the refuse, the City will remove the refuse and the City shall

deduct costs incurred from the next scheduled payment to the Contractor.

6. TAXES

The Contractor shall pay all federal, state and local taxes, to include sales tax, social

security, workmen’s compensation, unemployment insurance, and other required taxes

which may be chargeable against labor, material, equipment, real estate and any other items

necessary to and in the performance of this contract.

7. CITY NOT LIABLE FOR DELAYS

It is expressly agreed that in no event shall the City be liable or responsible to the

Contractor or to any other person on account of any stoppage or delay in the work provided

for herein, by injunction or other legal or equitable proceedings brought against the

Contractor, or from or by or on account of any delay from any cause over which the City

has no control.

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8. EXTENSION OF CONTRACT

The initial term of this contact may be extended for an additional six (6) seven (7) year

terms, under the existing terms and conditions or as modified through additional

negotiations, if either party notifies the other in writing, not less than 180 days prior to the

expiration of the initial term or subsequent term, of the party’s desire to renew the contract.

This contract may be extended by mutual consent of the parties. Any extensions or

modification of this contract shall be ratified by the Atlantic Beach City Commission.

9. SCHEDULE OF PAYMENTS

1. For and in consideration of the services to be performed by the Contractor pursuant

to this agreement, the City agrees to make payments to the Contractor as follows:

For purposes of this Section I, the service rate of $ is broken down as follows:

$

costs.

for collection services, $ for fuel expense, and $_ for disposal

a.Residential: end of the month payments shall be computed by multiplying

the initial number of residential units in the service area times $ per

household, broken down by collection, fuel and disposal components. This

rate is all inclusive, including all costs for collection, fuel and disposal.

Updates of residential units will be made annually commencing

.

1) end of the month payments for second day subscription pickup of

household garbage shall be computed by multiplying the number of

residential units subscribing times $

number shall be updated on a monthly basis.

per household. This

2) end of the month payments for second Cart pickup of household

garbage shall be computed by multiplying the number of residential

units subscribing times $

updated on a monthly basis.

per household. This number shall be

b.Multi-family residential (curbside, all residential services): end of the

month payments shall be computed by multiplying the initial number of

residential units in the service area times $ per household for garbage,

recycling and yard waste. This rate is all inclusive, including all costs for

collection, fuel and disposal.

c.Multi-family residential recycling using Residential Recycling Carts:

monthly recycling bill shall be computed by multiplying the number of

Residential Recycling Carts times $ . Updates for Multi-family

residential units will be the same as (a) Residential.

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d.Multi-family (containers emptied by mechanical means): end of the

month payments shall be computed by multiplying the total monthly

yardage based on container size by the rate of $ per cubic yard for

containerized garbage, broken down as follows: $ for collection

services, $ for fuel expense, and $ for disposal costs.

e.Commercial (curbside, all residential services): end of the month

payments shall be computed by multiplying the number of business units in

the service area times $ per business for garbage yard waste and per

unit for recycling, broken down by collection, fuel and disposal

components. This rate is all inclusive, including all costs for collection, fuel

and disposal. This category includes City facilities not using containers

emptied by mechanical means listed in Exhibit B.

f. Commercial (curbside, garbage only, twice a week collection): end of

the month payments shall be computed by multiplying the number of

commercial Carts in the service area times $ per collection per Cart.

(Note: contractor will be responsible for determining type of service

(residential or garbage only) commercial units desire).

g.Commercial (containers emptied by mechanical means): end of the

month payments shall be computed by multiplying the total monthly

commercial yardage collected by the rate of $

containerized garbage, broken down as follows: $

per cubic yard for

for collection

services, $ for fuel expense, and $ for disposal costs. This

category includes City facilities listed in Exhibit B.

h.Commercial (roll-off containers): end of the month payments shall be

computed by multiplying the total number of roll off pulls by $ per

pull (other than C&D containers), or $ per pull for roll off compactor,

broken down as follows: $

expense.

for collection services and $ for fuel

i. VIP Compactors (FEL): end of the month payments shall be computed by

multiplying the total monthly commercial yardage collected based on

container size by the rate of $ per cubic yard for compacted

containerized waste, broken down as follows: $ for collection services,

$ for fuel expense, $ for disposal costs.

j. City Street, Parks, Bus Stops Collection: end of the month payments shall

be computed by multiplying the total monthly City gallons collected, based

on container size per RFP Exhibit C, by the rate of $ per 96 gallons.

k.City Facilities: end of the month payments shall be computed by

multiplying the number of business units in the service area times $

40

per business for garbage and $ per unit for recycling. This category

includes City facilities not using containers emptied by mechanical means

listed in RFP Exhibit B.

l. Special Pickups including Extra Service and Commercial Bulk

Pickups: Special pickups shall be billed at the rate listed in the approved

schedule of standard charges. Schedule of standard charges shall be

provided to the City as of the effective date of contract and must be

approved by the City Manager. Contractor shall submit written

documentation of customer’s agreement for special pickup with the invoice.

NOTE: Rates above are based on hauling residential and commercial garbage to Duval County’s

Trail Ridge Landfill. Any change of disposal site will require renegotiation per Section 2,

paragraph G.

2. The Contractor is to ensure monthly invoice follows categories listed above.

3. Collection of Construction and Demolition Debris:

a.The Contractor is granted non-exclusive authorization to provide roll-off

containers for private contractors / builders / homeowners within the City

for the purpose of removing construction and demolition debris. The rental

and use of these containers will be a separate contract between the

Contractor and the user. The Contractor will bill the user directly for

delivery, rental and disposal. The rates for this service shall be $ per

pull, delivery included, and $ per ton for disposal. The Contractor will

pay a 20% Franchise Fee to the City and will submit the Fee with the

monthly invoice for services. Contractor shall provide the City records

identifying the address, volume of collection, and such other information as

requested by the City on the first (1st) of each month.

K. CANCELLATION OR ANNULMENT OF CONTRACT

The Contractor and the City recognize that it is of paramount importance that the contract

be performed and the individual customers receive service. If the Contractor fails to begin

work at the time specified, or fails to perform the work with sufficient number of workmen

and sufficient and adequate equipment to insure the proper and substantial performance of

said refuse collection work, or performs the work unsuitably, or discontinues the

prosecution of the work or any portion thereof, or for any other cause whatsoever,

excepting only acts of God, does not carry on the work as aforesaid, or if the Contractor

becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency,

or allows any final judgment for the payment of money to stand against the Contractor

unsatisfied, and if the City, through its Public Works Director, gives notice of such default,

and the Contractor or his or her surety fails to cure such default within seven (7) days after

giving of such notice by the City, then the City may thereupon, by action of the City

Commission, declare the contract cancelled. Upon declaration of cancellation, the City

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may, at no cost to the City or compensation to the Contractor, take over the work and take

possession, without further notice to the Contractor and without judicial proceedings, of

any and all equipment of the Contractor and operate the same in performance of the work

and services described in this contract for the unexpired term of the contract, or for a period

of three (3) months, whichever the City elects, or t The City may enter into agreements

with others for their performance of the work and services herein contracted for. Such

cancellation of the contract shall not relieve the Contractor or the surety of liability for

failure to faithfully perform this contract, and in case the expense incurred by the City in

performing or causing to be performed the work and services provided for in this contract

shall exceed the proposal price of the Contractor, as provided in this contract, then the

Contractor (and the surety to the extent of its obligation) shall be liable to the City for said

amount. Contractor’s surety or security will not be released until such time as the term of

this contract would otherwise have expired.

Furthermore, as stated within Section B, Item 2G (1.c), the City, in whole or in part at any

time by giving written notice of at least thirty (30) days in advance, reserves the right to

terminate the resulting contract for convenience. In such event, the Contractor shall be

paid under the terms of the contract for all services up to the termination date.

Notwithstanding the provisions contained herein, the City’s obligations under this contract

shall be subject to annual appropriations as may be approved as part of the City’s annual

budgets.

L. OPERATION DURING DISPUTE

In the event the City has not cancelled the contract in accordance with the terms provided

above, and there remains a dispute between the Contractor and the City, the Contractor

agrees to continue to operate and perform under the terms of this contract while said dispute

is pending, and agrees that in the event a suit is filed for injunction or other relief to

continue to operate the system until the final adjudication of the court.

SECTION 7 - QUALITY OF SERVICE A. CHARACTER OF WORKMEN AND EQUIPMENT

The direction and supervision of refuse collection and disposal and salvage operations shall

be by competent, qualified and sober personnel, and the Contractor shall devote sufficient

personnel, time and attention to the direction of the operation to assure performance

satisfactory to the City. All subcontractors, superintendents, foremen and workmen

employed by the Contractor shall be careful and competent. It is mandatory that the

Contractor shall also provide uniforms with either a reflective safety vest or reflective

safety shirt, and I.D. badge; said badge shall be destroyed upon termination of the

employee. Each employee performing supervisory duties shall have uniform shirts with the

employee’s name on the shirt rather than an I.D. badge. All employees used by the

Contractor during the terms of this agreement shall be of a standing or affiliation that will

permit the Contractor’s performance herein to be carried on harmoniously and without

delay, and in no case, or in any circumstances, will such employees cause any disturbance,

interference or delay to any work or service rendered to the City or by the City and in no

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case or in any circumstances will the employees conduct themselves negligently, disorderly

or dishonestly in the due and proper performance of the employee’s duties. The Contractor

shall see to it that its employees serve the public in a courteous, helpful and impartial

manner. The contractor shall notify the City with a name and phone number of the

employee covering supervisory duties should the regular on-site supervisor not be

available. The contractor’s employees collecting garbage will be required to follow the

regular walk for pedestrians while on private property. No employee shall meddle with

property that does not concern him or her. Care shall be taken to prevent damage to

property, including shrubs, flowers and other plants. After emptying Carts, employees

shall return them to the same location from which they were taken, in an upright position,

with lids closed.

B. COOPERATION OF CONTRACTOR REQUIRED

The Contractor shall cooperate with authorized representatives of the City in every

reasonable way in order to facilitate the progress of the work contemplated under this

contract. Unless otherwise approved by the Public Works Director, the Contractor shall

have a full time Supervisor in the City at all times when a Contractor’s vehicle is within

the City limits performing any type of residential collection. Notwithstanding a public

health emergency, the Contractor’s local supervisor must report in-person to Public Works

once daily, and remain in Atlantic Beach until the routes are complete that day. Prior to

departing the City after each work day, the Supervisor will contact Public Works

either in person or by telephone to report completion of the day’s collection. This

person shall be competent and able to communicate with the public. The Contractor will

supply the Supervisor with mobile communication with a published phone number for

direct contact with the Public Works Director as well as Residential and Commercial

accounts for any situation that may arise.

C. HANDLING COMPLAINTS

The Contractor shall perform a service of high quality and keep the number of legitimate

complaints to a minimum. The Contractor shall maintain a telephone listing in the name in

which he is doing business as a Contractor and provide answering service for those

customers needing to contact the Contractor during collection hours Monday through

Saturday. In order that the City may be informed of the quality of service, the Contractor

agrees to maintain a website for and with the City to record all complaints and resolution

of said complaints or inquiries of service for inspection by the City. The Contractor also

agrees to provide a single point of contact in order for the City or more specifically the

Public Works Director or his or her designee to have immediate access to Contractor’s

personnel to deal with various situations which may arise from time to time. The Contractor

agrees to furnish a monthly report of all complaints, listing the name and address of the

person complaining, the nature of the complaint, and disposition of such complaint. All

complaints whether received in person, by mail or telephone, shall be recorded in triplicate,

one (1) copy to go to the City and two (2) copies to be retained by the Contractor. This

process may be accomplished using the web-based tracking system (e.g. Trac-EZ).

Complaints received shall be serviced the same day. E-mail notification of the incomplete

route shall be communicated by the Contractor to the City by 6:00 p.m. that day, and the

garbage, recyclable material and/or yard waste shall be collected by noon the next day. For

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each month in which the number of unserviced legitimate complaints reaches twenty (20)

or more, whether for garbage or trash, or any other cause, the City shall be entitled to claim

liquidated damages of one hundred ($100) dollars per complaint including the first twenty.

Each complaint shall be considered legitimate unless satisfactory disposition of the claim

is furnished. The decision of the Public Works Director shall be final.

D. CUSTOMER INFORMATION

The Contractor shall provide each residential customer with a condensed version, approved

by the City, of rules and regulations for refuse collection. Said condensed version shall

outline obligations of the customer and Contractor, according to terms of this agreement,

and shall be distributed within 30 days of the effective date of this contract extension.

E. GUARANTEES OF PERFORMANCE

SURETY BOND: The Contractor has previously deposited with the City a performance

bond as faithful performance under the terms of this contract. Contractor shall maintain

such bond during the term of this agreement, and it must be in the amount of 100% of the

annual revenue, and agrees that in no event shall the bond be less than $250,000. This

performance bond shall be written by a company with a Class 9, A or higher financial

rating as shown in Best’s Key Rating Guide. Atlantic Beach will accept an annual

performance bond; however, neither non-renewal by the Surety, nor failure or inability of

the Principal to file a replacement bond or other security in the event the Surety exercises

its right to not renew this bond, shall itself constitute a loss to Atlantic Beach recoverable

under this bond or any extension thereof. If any conflict or inconsistency exists between the

Surety’s obligations or undertakings as described in the bond and as described in this

contract, then the terms of the bond shall prevail. The Surety and the contractor are

responsible to notify the City within 30 days prior to the annual expiration date of the

security bond of its intent to either renew or cancel renewal of the existing bond held by

the City. It shall be the responsibility of the Contractor to insure this notification process

is carefully followed. If in case the surety notifies the Contractor or the City of its intent

to not renew the security bond, then the Contractor must replace the security to the City

with equal to [with the same bond rating or higher or cash/ cashier check] or other

approved security with the City within ten (10) calendar days prior to the expiration of said

bond.

A. TYPE

SECTION 8 – EQUIPMENT

The Contractor agrees to provide equipment as set forth in this Section 8A. Back up

equipment is not required to be new. The Contractor shall during the term of this contract,

use vehicles, a minimum of one (1) per route. By year-end 2023, the age of the vehicles

utilized to perform the services contemplated by this contract will be not older than model

year 2020 2018. All equipment must be maintained and freshly painted, with bodies

which are water tight to a depth not less than eighteen (18) inches, with solid sides, using

pneumatic tires. All vehicles shall be equipped with operational radio transceiver or

cellular phone capable of communicating with the Contractor's supervisor and dispatcher

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from anywhere

45

within the City of Atlantic Beach. Failure to comply with these standards shall result in

Liquidated Damages of $1,000.00 per week.

B. AMOUNT

The Contractor shall provide sufficient equipment, in proper operating condition; so regular

schedules and routes of collection can be maintained. This will include a vehicle for the

supervisor overseeing the City operations and a “rat pack” or other small vehicle with a lift

assembly to service areas inaccessible to the larger equipment.

C. CONDITION

Equipment is to be maintained in a reasonable, safe, working condition, to be painted

uniformly, the company name, telephone number, and the number of the vehicle printed in

letters not less than three (3) inches high, front, rear and on each side of the vehicle, and

vehicles shall be numbered and a record kept of the vehicle to which each number is assigned.

No advertising other than Contractor’s standard company logo shall be permitted on vehicles,

dumpsters, or roll off containers servicing Atlantic Beach. A sign saying “Serving the City of

Atlantic Beach” and the type of service being rendered by each collection vehicle shall be

displayed on all collection trucks while operating in the City of Atlantic Beach. The

Contractor is required to keep collection vehicles and commercial containers emptied by

mechanical means, cleaned and painted to present a pleasing appearance. The Contractor shall

submit, as part of the proposal, a schedule showing the frequency of the cleaning and painting

of the vehicles and containers. Contractor will replace all front load metal containers utilized

by Contractor in the performance of the services contemplated hereunder with new front

load plastic containers by end of

.

D. OPERATION

Each non-packer trash vehicle shall be equipped with a cover which may be net with mesh not

greater than one and one-half inches, or tarpaulin, or fully enclosed metal top. Such cover

shall be kept in good order and used to cover the load going to and from the disposal facility

during loading operations or when parked, if the contents are likely to be scattered if not

covered. Vehicles shall not be overloaded so as to scatter refuse; however, if refuse is

scattered from the Contractor’s vehicle for any reason, it shall be picked up by the

Contractor immediately. Each vehicle shall be equipped with a spill kit, pitchfork, rake,

shovel and broom for this purpose. Safety equipment is also required, such as a fire

extinguisher and reflectors. The Public Works Director or his or her designee will have the

authority to spot inspect the equipment during route operations for compliance. The

Contractor’s vehicles are not to interfere unduly with vehicular or pedestrian traffic and

vehicles are not to be left standing on streets unattended except as made necessary by

loading operations, and shall move with the traffic flow.

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SECTION 9 - EMPLOYMENT AND WORKING CONDITIONS

The Contractor shall comply with all applicable state and federal laws relating to wages and

hours, and all other applicable laws relating to the employment or the protection of employees

now or hereafter in affect. The Contractor is required and hereby agrees by accepting this

contract, to pay all employees not less than the federal minimum wage and to abide by other

requirements as established by the Congress of the United States in the Fair Labor Standards

Act as amended, and changed from time to time. Contractor also agrees that upon written

request, the Contractor will provide the City all information and policies, whether written or

oral, relating to the wages or terms and conditions of employment for employees in the service

of the Contractor under this agreement.

SECTION 10 - DISPOSAL OF REFUSE

Contractor may deliver all Refuse, Garbage, Trash, Bulky Waste Recovered Materials,

Construction and Demolition Debris and other solid waste materials collected by Contractor to a

disposal or other processing facility as determined by the Contractor in its sole discretion that is

permitted by the applicable state regulatory agency to accept such waste and materials. The City

must be notified in writing at least 30 days in advance of any change in disposal facility use, along

with rationale for the change. If change will result in significant savings, the requirements of

Section 2, paragraph G. Unusual Changes or Costs will apply. City will not be responsible for

increased cost of disposal if change is made at Contractor’s request. The Contractor shall pay all

tipping fees charged by a facility for the disposal of Garbage collected from Residential Units and

from Commercial Units utilizing Carts or Residential Recycling Carts only. The City shall

continue to be responsible and pay for all tipping fees and other disposal costs and expenses

incurred in the disposal of all solid waste and recycling materials collected from Commercial Units

utilizing VIP Compactor (FEL) containers, mechanical containers approved by the Public Works

Director or his or her designee, and mechanically emptied containers (such as front-end load

dumpsters, roll-off containers, etc.)

If the disposal facility imposes or changes a tipping fee for disposing of waste the Contractor may

at that time apply to the City for a rate adjustment to cover those additional disposal fees only.

This rate shall be adjusted up or down accordingly, with the disposal facility utilized by the

contractor.

SECTION 11 - COMPLIANCE WITH LAWS AND REGULATIONS

The Contractor hereby agrees to abide by all applicable federal, state, county and city laws and

regulations. The Contractor and his or her surety indemnify and save harmless the City, all its

officers, representatives, agents and employees against any claim or liability arising from or based

on the violation of any such laws, ordinances, regulations, order or other decree, whether by

him/herself, his or her employees or his or her subcontractor. This clause shall apply not only

during the term of this agreement, but also as to any claim, liability, or damages which are based

on the Contractor’s conduct during the term of this agreement and in the event the City is charged

with the responsibility, jointly or severally, for the aforementioned conduct as a successor to the

Contractor.

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SECTION 12 - INSURANCE

The Contractor shall not commence work under this contract until he has obtained all insurance

required under this contract and the Public Works Director of the City of Atlantic Beach has

approved such insurance coverage, nor shall the Contractor allow any subcontractor to commence

work on subcontracts until similar insurance of the subcontractor has been obtained and approved.

A. WORKER’S COMPENSATION INSURANCE

The Contractor shall provide and maintain during the life of this contract, Worker’s

Compensation Insurance for all of his or her employees, who are employed in connection

with the work, and in case the work is sublet, the Contractor shall require the subcontractor

similarly to provide Worker’s Compensation Insurance for all the latter’s employees,

unless such employees are covered by the protection afforded by the Contractor. In case

any class of employees engaged in hazardous work under this contract are not protected

under the Worker’s Compensation Statute, the Contractor shall provide and shall cause

each subcontractor to provide adequate insurance coverage for the unemployment

compensation protection of his or her employees not under or otherwise protected.

B. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

The Contractor shall provide and maintain during the life of this contract, at his or her own

expense, such public liability and property damage insurance, with the City of Atlantic

Beach also being named as additional insured, as shall protect him or her and any

subcontractor performing work covered by this contract, from claims for property damage,

which may arise from operations under this contract, whether such operations be by

him/herself or by a subcontractor, or anyone directly employed by the Contractor or

subcontractor, and the amount of such insurance shall be as follows:

1. GENERAL LIABILITY INSURANCE

The Contractor shall provide and maintain during the life of the contract, at his or

her own expense, Commercial General Liability Insurance. Coverage must afford

on a form no more restrictive than the latest edition of the Commercial General

Liability Policy filed by the Insurance Services Office and must include:

Minimum limits of $1,000,000 per occurrence combined single limit for bodily

injury liability and property damage liability.

Premises and/or operations. Independent contractors.

Products and/or completed operations.

Contractual Liability

2. BUSINESS AUTOMOBILE POLICY

The Contractor shall provide and maintain during the life of the contract, at his or

her own expense, Business Automobile Liability Insurance. Coverage must be

afforded on a form no more restrictive than the latest edition of the Business Auto

Policy filed by the Insurance Services Office and must include: Minimum limits of

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$1,000,000 per occurrence combined single limit for bodily injury liability and property

damage liability.

Owned vehicles.

Hired and non-owned vehicles.

3. UMBRELLA LIABILITY

In addition to the above limits, the Contractor shall provide at least a $5,000,000 umbrella or

excess liability insurance policy.

C. Professional Liability is required

Pollution Liability Required of CONTRACTOR and all subcontractors.

The CITY requires Pollution/Environmental Liability insurance covering cleanup costs

including on-site discovery and third party liability, on-site and off-site third party pollution

liability coverage, natural resources damage coverage.

Limits of Liability: $1,000,000 Each Pollution Event Limit

$1,000,000 Aggregate Policy Limit

D. PROOF OF INSURANCE

The Contractor shall furnish the Public Works Director, prior to the start of any operations under this

contract, satisfactory proof of carriage of the insurance required with an insurance company

satisfactory and acceptable with the City. No policy is acceptable to the City which can be canceled by

the insurer in less than ten (10) days after the insured has received written notice of such cancellation

provision of the policy. Contractor will provide a copy of the Insurance Endorsement regarding

cancellation notification listing the City as a party to be notified.

All insurance policies shall name the City of Atlantic Beach as additional insured on the policies.

Should the Contractor fail to provide such insurance, the City may secure the same, the cost of which

shall be reimbursed to the City by the Contractor or monies will be withheld from the monthly invoice

to be paid to the Contractor.

SECTION 13 - CITY HELD HARMLESS FROM INJURIES, DAMAGES

AND CERTAIN OTHER ACTS OF THE CONTRACTOR

The Contractor and his or her surety hereby expressly bind themselves to indemnify and save the City

harmless from all suits or actions of every name and description brought against said City for or on account of

any injuries or damages received or sustained by any party or parties from the acts, omissions or negligence of,

said Contractor, or his or her servants or agents, including subcontractors engaged in doing the work herein

contracted for, or by, or in consequence of any negligence in guarding against same, or in any improper

materials or equipment used in its performance, or by or on account of any act or omission of the said

Contractor, or on account of any claims or amounts recovered for infringement of patent, trademark, or

49

copyright, or from any claims or amounts arising or recovered under the Worker’s Compensation Laws. In

case there is any money due to the Contractor, so much of the money due the said Contractor as the Public

Works Director shall deem necessary to protect the City, may be retained by the City until such suit, or suits,

action or actions, claim or claims, injuries, damages as aforesaid, shall have been settled and suitable evidence

to that effect has been furnished the Public Works Director.

SECTION 14 – ADMINISTRATIVE CHARGES/LIQUIDATED DAMAGES

1. Should the Contractor fail to perform in accordance with the provisions

of this contract and/or refuse to pay administrative charges/liquidated

damages upon receipt of invoice from the City, the City shall, in addition

to the amounts provided in other provisions of this contract, be entitled

to claim against the performance bond of the Contractor as provided in

Section 7-E, or deduct from the next regularly scheduled payment to

Contractor. If liquidated damages are to be imposed it will do so no later than

fifteen (15) days after the event, and the following amounts, not as a penalty,

but as administrative charges/liquidated damages for such breach of

contract in accordance with the following schedule:

Liquidated Damages Listing

Description – Amount Assessed

A.

Failure to collect missed customers by 7:00 P.M. the same day when given notice before noon, or by 12:00 noon the following day when given notice between 12:00 noon and 5:00 P.M.

$100 per incident, a maximum of $500 per truck per day

B.

Legitimate complaints over twenty (20) in a single month.

$100 per incident, including the first twenty (20)

C.

Collection of commercial, residential solid waste and/or recyclables before 7:00 A.M. or after 7:00 P.M.

Exceptions stated in Section 2, “C. Recycling #4”

$100 per incident

D.

Failure to clean spillage caused from residential or commercial route vehicles leaking from collected garbage. See

Section 8, EQUIPMENT, D. Operation

$150 per incident

E.

Failure to replace damaged Cart within five (5) days; twenty-four hours for residential

$100 per incident

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Liquidated Damages Listing (continued)

Description – Amount Assessed

F.

Failure to handle waste receptacles carefully, thoroughly empty and return Carts or garbage receptacles to original

location as per agreement

$250 per incident

G.

Failure to repair damage to customer’s property within seven (7) days

$200 per incident

H.

Failure to provide clean, safe and sanitary equipment at beginning of each work schedule

$500 per incident

I.

Failure to maintain office hours as required

$200 per incident

J.

Equipment operator not properly licensed

$500 per incident

K.

Failure to provide documents and reports in a timely and accurate manner as per agreement

$100 per incident

L.

Failure to cover materials, if appropriate, on all collection vehicles

$100 per incident

M.

Name and phone number not displayed on all equipment (Carts excluded, Name and number on dumpsters and

trucks)

$100 per incident

N.

Failure to comply with employee roster, proper uniforms and employee identification and safety equipment as per agreement

$150 per incident

O.

Not providing current schedule and route maps annually

$200 per incident

P.

Using improper equipment to service commercial or residential customers

$50 per incident

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Liquidated Damages Listing (continued)

Description – Amount Assessed

Q.

Failure to respond to complaints and customer calls in a timely and appropriate manner as per the “customer

service policy” provided to the City from the Contractor

$200 per incident

R.

Failure to complete a route on the regular pick-up day

$250 per incident

S.

Failure to provide proper notification prior to residential route changes

$250 for route day not completed

T.

Causing skid marks, spillage marks on roadways, private driveways or any thoroughfare within the service area

$150 per incident

U.

Failure to follow established reporting operation or administrative procedures

$150 per incident

V.

Failure to provide promotional and educational material and activities, advertisements and civic awareness programs as per the agreement

$1,000 per year

W.

Failure to maintain signs stating “Serving the City of Atlantic Beach” on all collection and work vehicles while servicing the City

$250 per incident

X.

Failure to comply with the current schedules and routing maps

$250 per incident

Y.

Failure to provide monthly tonnage and recycling data reports

$250 per incident

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Liquidated Damages Listing (continued)

Description – Amount Assessed

Z.

Failure to close gates on dumpster enclosures as well as container and Cart lids and locking all locks on

commercial customer locations

$250 per incident

AA.

Causing hydraulic spills or leaks as well as any other fluids having potential to damage or stain asphalt, concrete or other roadway surfaces. Contractor shall pay all costs the City of Atlantic Beach incurs to help in controlling

any oil spills, including the use of the Vac-Con truck or use of another contractor

$500 per incident up to 2 sq. ft. $1,000 per incident over 2 sq. ft.

BB.

Contractor’s failure to provide the quantity of approved roster equipment within the City during the required

collection days.

$500 per incident

CC.

Failure to report accidents, damage, spillage to the City immediately and provide a copy of a written report in the

same day to the City

$250 per incident

DD.

Loaded vehicles left standing on street unnecessarily

$150 per incident

EE.

Failure to drive in proper direction (includes driving on wrong side of two-way street)

$100 per incident

FF.

Failure to deliver Class III materials to an authorized Class III landfill

$250 per incident

GG.

Co-mingling solid waste with vegetative waste, recyclable materials, C & D materials or other waste material

$250 per incident

HH.

Failure to report recycling activity quarterly in the format determined by the Contractor for the purpose of

tracking and verifying City-wide recycling activity.

$100 per incident

II.

Failure to maintain equipment in accordance with standards of Section 8

$1,000 per week

JJ.

Failure to have a Supervisor within the city as required during the days the contract work is being performed per section 7 B

$500 per incident

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2. Each complaint shall be considered legitimate, unless satisfactory evidence to the

contrary is furnished to the Director by the Contractor. The decision of the Public

Works Director shall be final.

3. This provision shall not limit other claims of the City arising against the

Contractor under the terms of this Agreement.

SECTION 15 - CITY ORDINANCES

Nothing contained in any ordinance of the City now in effect, hereafter adopted, pertaining to the

collection of garbage and trash shall in any way be construed to affect, change or modify or

otherwise alter the duties, responsibilities and operation of the Contractor in the performance of

the terms of this contract. It is the intention hereof that the Contractor be required to perform

strictly the terms of this contract, regardless of the effect or interpretation of any municipal

ordinances which in any way relate to garbage and trash.

SECTION 16 - AMENDMENTS

The City shall have the right to amend this contract from time to time as necessary to comply with

federal, state and local laws and regulations, as amended from time to time. Such amendments

shall take effect within thirty (30) days of the Contractor’s receipt of the written amendment.

Should compliance with new federal, state and local laws and regulations result in an increase in

costs for the Contractor, the Contractor may follow the provisions outlined in Section 2G of the

contract. Amendments that are consistent with the purposes of this contract may be made with

the mutual consent, in writing, of the parties and approved by the Atlantic Beach City

Commission in accordance with the City Charter and other applicable laws and ordinances.

SECTION 17 - CART AND RESIDENTIAL RECYCLING

CARTS OWNERSHIP

1. CART CONTAINER SERVICE: The Contractor agrees to furnish and deliver to each

single or multiple dwelling and commercial unit served, one Cart ready for use, excluding

those using mechanical containers approved by the Public Works Director or his or her

designee. Each Cart shall display the City Logo. The Contractor shall maintain the Carts

in good working condition and the Contractor shall be the sole owner of the Carts and

Residential Recycling Carts. It is the Contractor’s responsibility to replace or repair

damaged or otherwise unserviceable Carts at his or her expense, regardless of the cause of

damage or loss. The Contractor shall not remove a Cart for repair unless one is left in its

place.

2. ADDITIONAL Cart and Residential Recycling CONTAINERS: Additional Carts

and/or Residential Recycling Containers, in excess of one per commercial customer, may

be rented to the user and billed to the City by the Contractor, upon City approval, at a

charge not to exceed $11.90 per month (current rate is $7/month, increases should follow

same procedure as 2.F. or G.).

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3. CODED Carts: The Contractor shall provide a serial number, permanently marked on

each Cart, and furnish a list to the City of Cart numbers by address, updated at least

monthly. All Carts shall be coded by the manufacturer along with a serial number to

reflect the street address (house/business number) quarter and year in which the Cart was

delivered. Example-1-2018, 2-2019, or 1-2020, 2-2021. No Contractor’s corporate logo or

telephone number will be permitted to be displayed on Carts provided under this contract.

4. USE OF Carts and Residential Recycling Carts: The City agrees to require the Carts

and Residential Recycling Carts to be used for garbage and recyclables, where appropriate,

by all residences and by all businesses not using mechanical or commercial containers,

except where approved in writing by the Public Works Director or his or her designee.

PURCHASE OF Carts and Residential Recycling Carts: At the termination of this contract,

the Contractor agrees to sell to the City all original Carts and Residential Recycling Carts that are

in good working condition and appearance used for the performance of this contract for One

Dollar ($1.00) each, except as amplified below.

All new Carts and Residential Recycling Carts, placed in service by the Contractor after the

effective date of this agreement, which are in good working condition and appearance and

actually in use, will be sold for $ each, less ( ) per each quarter the Cart or

Residential Recycling Carts has been in service.

The Contractor shall provide to the City invoices for all Carts and Residential Recycling Carts

purchased during the term of this contract indicating the amount and date purchased. The

Contractor shall also supply a report of the amount of Carts and Residential Recycling Carts

removed from service in the City in a form acceptable to the Public Works Director or his or her

designee.

SECTION 18 - NOTICES

Notices for purposes of the Contractor as called for under this agreement should be forwarded

to:- .

Notices to the City should be forwarded to:

Public Works Director

City of Atlantic Beach

1200 Sandpiper Lane

Atlantic Beach, Florida 32233

SECTION 19 ASSIGNMENT AND CHANGE OF CONTROL

A. Assignment, Changes in Ownership and Subletting of Contract

1. Neither this Contract, nor any portion thereof, shall be assigned except with

the prior written consent of the City Commission, which may be withheld

for any reason. No such consent will be construed as making the City a party

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of or to such transfer or assignment, or subjecting the City to liability of any

kind to any subcontractor. Assignment, changes of ownership or subletting

of contract shall be a direct or indirect, by gift, assignment, voluntary sale,

merger, consolidation or otherwise, of twenty five percent (25%) or more

at one time of the ownership or controlling interest of Contractor, or fifty

percent (50%) cumulatively over the term of the Agreement of such interest

to a corporation, partnership, trust, or association, or person or group of

persons acting in concert or a change in control. Transfer shall include any

transfer or assignment to a person controlling, controlled by, or under the

same common control as the Contractor at the effective date of this

agreement. Moreover, transfer shall not mean a public offering issuance

which either changes the Contractor status from a privately held corporation

to that of a publicly held corporation or which is intended to provide

additional capitalization for the Contractor, provided the public offering

does not result in a change in Contractor’s management personnel. Within

the term of this contract and any subsequent renewals if an assignment or

transfer of this contract is granted by the City, the Contractor will pay the

City an assignment/transfer fee for the first assignment/ transfer in the

amount of twenty five thousand dollars ($25,000.00) for a second and all

subsequent assignment/ transfers the Contractor will pay the City fifty

thousand dollars ($50,000.00) upon such consent for said assignment or

transfer.

2. The foregoing notwithstanding, in the event of any strike, lockout, labor

trouble or dispute involving the Contractor under this Contract shall

continue, the City agrees to fully cooperate with the Contractor in any

temporary assignment or subcontract as may be necessary to continue to

provide the services required by this Contract. Under this provision there

will be no transfer fee as stated in sub-paragraph (1) above, but in no event

will the transfer under this provision exceed ninety (90) days.

3. Any transfer of more than twenty-five percent 25% of the ownership of the

Contractor shall be deemed to be a transfer of this Contract.

4. No assignment or subcontract shall, under any circumstances, relieve the

Contractor of the liabilities and obligations under this Contract, and despite

any such assignment, the City shall deal through the Contractor.

Subcontractors shall be dealt with as employees and representatives of the

Contractor and, as such will be subject to the same requirements as to

character and competence as are other employees of the Contractor.

SECTION 20 - SEVARABILITY

If any article or section of this agreement, or any supplements or riders thereto, should be held

invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or

enforcement of any article or section should be restrained by such tribunal pending a final

determination as to its validity, the remainder of this agreement and of any supplements or riders

55

thereto or the application of such article or section to persons or circumstances other than those to

which it has been held invalid or as to which compliance with or enforcement of has been

restrained, shall not be affected thereby.

SECTION 21 – GOVERNING LAW

The laws of the State of Florida shall govern this contract and the venue for any litigation arising

out of the contract shall be in the appropriate state court in Duval County, Florida.

SECTION 22 – ATTORNEY FEES

In the event of any dispute arising out of or interpreting the terms and conditions of this contract,

the prevailing party shall be entitled to recover reasonable attorney’s fees and costs, including

appellate attorney’s fees and costs, and regardless of whether or not litigation is filed.

SECTION D:

PROPOSAL FORMAT

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SECTION D: PROPOSAL FORMAT Respondents shall provide proposals in the format outlined below:

A. SCOPE OF SERVICES PROPOSED:

1. Clearly describe the ability to perform the scope of services required. Please address Section C Contract.

2. Include a work plan with an explanation of methodology to be followed to perform

the services required within this RFP.

3. Include suggestions to the current method the CITY is utilizing in order to increase

service satisfaction of our residents and businesses.

B. QUALIFICATIONS AND COMPETENCY:

1. The proposal should give a description of the firm, including the size, range of

activities, etcetera. Particular emphasis should be given as to how the firm-wide

experience and expertise in this type of service will be brought to bear on the

proposed service. The proposal must also identify the contact person and telephone

number.

2. Submit evidence as to the qualifications such as, previous experience, and/or

evidence of legal qualifications to perform the work. Provide certifications,

licenses, etc. Include resumes of company executives, account managers and field

supervisors that will be in charge of the City of Atlantic Beach business account.

3. Provide evidence of continuous engagement in providing products and services

similar to those specified herein for a period of five (5) years or more in a

government setting and evidence the company is presently engaged in the provision

of these services. Provide evidence of an established satisfactory record of

customer satisfaction performance for a reasonable period of time.

4. Experience

i. Management team to have at least five (5) years of operating experience.

ii. Previous operating experience in Florida or South Georgia with

governmental entities.

iii. Reference contacts for at least five (5) recent comparable services contracts

to include 3 governmental entities.

iv. At least three contracts each for at least 7,000 6.000 residential service

units.

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v. Provide information on the firm’s current safety rating by the Florida

Department of Transportation.

5. Past Performance Concerns on Previous / Current Contracts

The respondent shall disclose any pending or anticipated litigation,

environmental issues, fines, regulatory actions and complaint(s) applicable to

the respondent on services for any governmental entity over the past five (5)

years.

i. When the respondent or a proposed subcontractor has previously worked

for a governmental entity (including the CITY) and received complaints,

verbal and written comments about poor performance, or has been involved

in disagreements with the governmental entity about the work requirements

/ expectations in the contract, the respondent shall submit an explanation of

what the respondent has done or will do to proactively work at eliminating

/ mitigating the same/similar issues in the future. This explanation must deal

specifically with the problems/concerns involved on the prior contract and

any organizational, operational or other changes which have been or will be

implemented.

ii. If, in the sole discretion of the CITY, the respondent has not provided an

adequate plan to ensure sufficient improvement to meet the CITY contract

requirements / expectations for the future, the CITY reserves the right to

consider this determination in the rating of the proposal submitted by the

respondent.

C. EQUIPMENT AVAILABILITY AND CAPABILITY:

1. As part of the proposal submission, each respondent is to submit a schedule of the

trucks/vehicles to be assigned to this contract and showing:

i. The types of collection trucks (with catalog cut / brochure) and other vehicles.

ii. The quantity by type of collection truck to provide consistent satisfactory

customer service.

iii. The average age by type of the new / like new collection trucks and other

vehicles.

iv. The respondent goal for the average age of collection trucks by type for each

year of the initial 7-year term.

v. The planned frequency schedule for cleaning and painting of the vehicles/

equipment/ trucks.

58

2. Each respondent shall demonstrate their ability to provide back-up equipment /

vehicles and personnel beyond those assigned to the proposed contract and within

reasonable proximity to the City of Atlantic Beach.

D. FINANCIAL CAPABILITY:

Include written evidence from surety stating that CONTRACTOR has the ability to fulfill

the required $1,000,000.00 Performance Bond, if awarded the Contract.

Include three (3) years of certified audited financials.

E. PRICING:

Provide pricing using the pricing pages on the Proposed Pricing Form (Form 1).

Provide suggested percentage values to apply to the fee rates in order to apportion each fee

rate into a Collection Component and a Fuel Cost Component. F. VALUE-ADDED BENEFITS:

Detail value-added services and public benefits. G.

ATTENDENCE AT THE PRE-PROPOSAL MEETING:

List company attendees and their positions in reference to providing the franchise contract services to the CITY if awarded the contract.

H. REQUIRED FORMS:

Submit all forms detailed in Section F.

SECTION E:

EVALUATION

CRITERIA

59

SECTION E: EVALUATION AND SELECTION PROCESS

A. INTRODUCTION

Following the opening of the proposal packages, the proposals will be evaluated by a CITY

appointed Evaluation/Selection Committee. The Committee will be comprised of CITY

personnel with the appropriate experience, knowledge and/or position. The CITY reserves

the right to call upon expert(s) in the field to assist the CITY in the selection process.

B. EVALUATION CRITERIA

The Evaluation/Selection Committee will evaluate and rank responsive proposals based on

the criteria listed below for a total possible points of 105:

1. Scope of Services Proposed 20 Points Possible

2. Qualifications and Competency 20 Points Possible

3. Equipment Availability and Capability 20 Points Possible

4. Financial Capability 10 Points Possible

5. Pricing 20 Points Possible

6. Value-Added Benefits 10 Points Possible

7. Attendance at the Pre-Proposal Meeting 5 Points Possible

The CITY reserves the right to negotiate the final terms, conditions and pricing of the

contract as may be in the best interest of the CITY. Upon completion of the criteria

evaluation and rating, the Committee may choose to conduct oral presentation(s) with the

respondent(s) which the Evaluation/Selection Committee deems to warrant further

consideration based on the best rated proposal(s) providing the highest quality of service

to the CITY.

Upon completion of the oral presentation(s), the Committee will re-evaluate and re-rate the

proposal(s) remaining in consideration based upon the written documents combined with

the oral presentation(s).

C. OVERALL RANKING

Following the evaluation and ranking of the proposals, the Evaluation/Selection

Committee is to recommend that contract terms be negotiated starting with the highest

ranked responsive and responsible respondent, and continuing through the ranking order

until terms are negotiated with a specific respondent that are agreeable to both the CITY

and the respondent, and in the best interest of the CITY.

60

In its sole discretion, the CITY reserves the right to negotiate with any respondent and with

regards to any and all terms, or to take such other action(s) as it deems to be in the best

interest of the CITY.

D. CONTRACT AWARD

Any contract, as a result of this solicitation, will be submitted to the CITY Manager for

consideration and may be submitted to the City Council for their approval. All respondents

will be notified in writing when the CITY Manager makes an award recommendation. The

Contract award, if any, shall be made to the respondent whose proposal shall be deemed

by the CITY to be in the best interest of the CITY. The CITY’s decision to make the award

and which proposal is in the best interest of the CITY shall be final.

SECTION F: FORMS

Form 1 Proposed Pricing

See Addendum No. 05

RESIDENTAL CURBSIDE COLLECTION Contractor to supply all toters and maintenance of toters

Monthly

Collection

Component

Monthly Fuel

Component

Monthly

Disposal

Component

Total Monthly Total Monthly x

approx. 5,139

Customers Refuse

Yard Waste

Recycling

Monthly

Totals

COMMERCIAL CONTAINER COLLECTION AND DISPOSAL

Per Cubic Yard

Component Rate

Collection

Fuel

Total

Commercial 90 Gallon Toter

Monthly Collection Fuel Component Total Monthly Rate

First Toter

Second Toter (Total Only)

Commercial Hand Collection

Collection Fuel Component Total Monthly Rate

Up to 3, 32 Gallon Containers

Roll Off Compactor

15 Yard 20 Yard 30 Yard 40 Yard

Pull Charges

Rental/Lease Charges

Roll Off Open Top

Pull Charges

Rental Fees Monthly

Delivery Fees

61

62

FORM 2

DRUG-FREE WORKPLACE COMPLIANCE FORM

IDENTICAL TIE PROPOSALS - Preference shall be given to businesses with drug-free workplace

programs. Whenever two or more proposals, which are equal with respect to price, quality and service, are

received by the State or by any political subdivision for the procurement of commodities or contractual

services, a proposal received from a business that certifies that it has implemented a drug-free workplace

program shall be given preference in the award process. Established procedures for processing tie

proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to

have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,

possession or use of a controlled substance is prohibited in the workplace and specifying the actions

that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of

maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee

assistance programs and the penalties that may be imposed upon employees for drug abuse

violations.

3) Give each employee engaged in providing the commodities or contractual services that are under

contract a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on

the commodities or contractual services that are under contract, the employee will abide by the terms

of the statement and will notify the employer of any conviction of, or plea of guilty or nolo

contendere to, any violation of Chapter 893 or of any controlled substance law of the United States

or any state, for a violation occurring in the workplace no later than five (5) days after such

conviction.

5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or

rehabilitation program if such is available in the employee’s community, by any employee who is

so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of

this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above

requirements.

Vendor’s Signature

63

FORM 3

NONCOLLUSION AFFIDAVIT , being first duly sworn deposes and says that:

1. He (it) is the , of

the respondent that has submitted the attached proposal;

2. He is fully informed respecting the preparation and contents of the attached proposal and of all

pertinent circumstances respecting such proposal;

3. Such proposal is genuine and is not a collusive or sham proposal;

4. Neither the said respondent nor any of its officers, partners, owners, agents, representatives,

employees, or parties in interest, including this affidavit, have in any way, colluded, conspired,

connived or agreed, directly or indirectly, with any other respondent , firm or person to submit a

collusive or sham proposal in connection with the Contract for which the attached proposal has

been submitted; or to refrain from responding in connection with such Contract; or have in any

manner, directly or indirectly, sought by agreement or collusion or communication, or conference

with any respondent firm, or person to fix the price or prices in the attached proposal or of any other

respondent or to fix any overhead, profit, or cost elements of the proposal price or the proposal price

of any other respondent, or to secure through any collusion, conspiracy, connivance, or unlawful

agreement any advantage against other Respondents, or any person interested in the proposed

Contract;

5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any

collusion, conspiracy, connivance, or unlawful agreement on the part of the respondent or any other of

its agents, representatives, owners, employees or parties in interest, including this affidavit.

By:

Sworn and subscribed to before me this day of ,

20 , in the State of , County of .

Notary Public

My Commission Expires:

64

FORM 4

PERFORMANCE BOND

STATE OF FLORIDA )

ss

COUNTY OF )

KNOW ALL MEN BY THESE PRESENTS that

as Principal, hereinafter called CONTRACTOR,

as Surety, hereinafter called Surety, are held and firmly bound unto the CITY of Atlantic Beach as Obligee,

hereinafter called CITY, in the amount of Dollars

($ ) equal to 100% of the total contract price, for the payment whereof CONTRACTOR and Surety bind themselves,

their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, CONTRACTOR has by written agreement dated , 20 , entered into a Contract

with CITY for:

CITY OF ATLANTIC BEACH

RFP Number 2021-03

COLLECTION, DISPOSAL OF SOLID WASTE AND RECYCLING SERVICES FOR THE CITY OF

ATLANTIC BEACH

in accordance with Drawings and Specifications prepared by the City of Atlantic Beach, which Contract is by reference

made a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all

respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his or her obligations

thereunder and shall indemnify the CITY and the Consulting Engineer and save either or all of them harmless against and from

all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this

obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and

conditions:

A. The Principal and Surety jointly and severally agree to pay the CITY any difference between the sum to which the said

Principal would be entitled on the completion of the Contract, and that sum which the CITY may be obliged to pay for the

completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said

CITY may sustain on account of such work, or on account of the failure of said CONTRACTOR to properly and in all

things, keep and execute all of the provisions of said Contract.

B. And this Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project

by the CITY and shall provide that the CONTRACTOR guarantees to repair or replace for said period of one (1) year all

work performed and materials and equipment furnished that were not performed or furnished according to the terms of the

Contract, and shall make good, defects thereof which have become apparent before the expiration of said period of one

(1) year. If any part of the project, in the judgment of the CITY, for the reasons above stated needs to be replaced, repaired

or made good during that time, the CITY shall so notify the CONTRACTOR in writing. If the CONTRACTOR refuses

or neglects to do such work within five (5) days from the date of service of such Notice, the CITY shall have the work

done by others and the cost thereof shall be paid by the CONTRACTOR or his or her Surety.

C. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition

to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall

in any way affect its obligations on this bond, and it does hereby waive Notice of any change, extension of time, alteration

or addition to the terms of the Contract or to the work or to the Specifications.

65

D. The surety represents and warrants to the CITY that they have a Best's Key Rating Guide General Policyholder's Rating

of " " and Financial Category of "Class ".

IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of

20 , A.D., the name and corporate seal of each corporate party being hereto affixed and these presents

duly signed by its undersigned representative, pursuant to authority of its governing body.

WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).

(If Corporation, Secretary only will attest and affix seal).

PRINCIPAL:

WITNESSES:

(Affix

Signature of Authorized Officer Seal) Title

Business Address

CITY State SURETY:

WITNESS:

Corporate Surety (Affix

Attorney-in-Fact Seal)

Business Address

CITY State

Name of Local Insurance Agency

66

CERTIFICATES AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the Corporation named as Principal in the within

bond; that who signed the said bond on behalf of the Principal, was then of said

Corporation; that I know his or her signature, and his or her signature hereto is genuine; and that said bond was duly signed,

sealed, and attested for and in behalf of said Corporation by authority of its governing body.

Secretary (Corporate Seal)

STATE OF FLORIDA )

ss COUNTY OF )

Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared

to me well known, who being by me first duly sworn upon oath, says that he

is the Attorney-in-Fact, for the and that he has been authorized by

to execute the foregoing bond on behalf of the CONTRACTOR

named therein in favor of the .

Subscribed and sworn to before me this day of , 20 , A.D.

(Attach Power of Attorney)

Notary Public

State of Florida-at-Large

My Commission Expires: _

FORM 5

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A),

FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY

PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to

by

(print individual’s name and title)

for

(print name of the public entity)

(print name of entity submitting sworn statement)

whose business address is

and (if applicable) its Federal Employer Identification Number (FEIN) is

(If the entity has no FEIN, include the Social Security Number of the individual signing

this sworn statement: .)

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida

Statutes, means a violation of any state or federal law by a person with respect to and

directly related to the transaction of business with any public entity or with an agency or

political subdivision of any other state or of the United States, including, but not limited to, any

bid or contract for goods or services to be provided to any public entity or an agency or political

subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,

collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida

Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an

adjudication of guilt, in any federal or state trial court of record relating to charges brought by

indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of

a plea of guilty or nolo contendere.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime; or

2. An entity under the control of any natural person who is active in the management of the entity

and who has been convicted of a public entity crime. The term “affiliate” includes those officers,

directors, executives, partners, shareholders, employees, members, and agents who are active in

the interest in another person, or a pooling of equipment or income among persons when not for

fair market value under an arm’s length agreement, shall be a prima facie case that one person

controls another person. A person who knowingly enters into a joint venture with a person who

has been convicted of a public entity crime in Florida during the preceding 36 months shall be

considered an affiliate.

5. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any

natural person or entity organized under the laws of any state or of the United States with the

legal power to enter into a binding contract and which bids or applies to bid on contracts for the

provision of goods or services let by a public entity, or which otherwise transacts or applies to

transact business with a public entity. The term “person” includes those officers, directors,

executives, partners, shareholders, employees, members, and agents who are active in

management of an entity.

6. Based on information and belief, the statement which I have marked below is true in relation to

the entity submitting this sworn statement. (Indicate which statement applies.)

Neither the entity submitting this sworn statement, nor any of its officers, directors,

executives, partners, shareholders, employees, members, or agents who are active in the

management of the entity, nor any affiliate of the entity has been charged with and convicted of a

public entity crime subsequent of July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors,

executives, partners, shareholders, employees, members, or agents who are active in the

management of the entity, or an affiliate of the entity has been charged with and convicted of a

public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the

management of the entity, or an affiliate of the entity has been charged with and convicted of a

public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding

before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the

Final Order entered by the Hearing Officer determined that it was not in the public interest to

place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of

the final order)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING

OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE

IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I

ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY

PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD

AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY

TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

(signature)

STATE OF (date)

COUNTY OF

PERSONALLY APPEARED BEFORE ME, the undersigned authority,

(name of individual signing)

who, after first being sworn by me, affixed

his/her signature in the space provided above on this day of , 20 .

My commission expires:

NOTARY PUBLIC

v. December 2020

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FORM 6

E-VERIFY FORM

Project Name:

Project No.:

Definitions:

“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.

“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.

Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of:

a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and

b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Atlantic Beach, Florida; and

c) Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

Company Name:

Authorized Signature:

Print Name:

Title

Date:

Phone:

Email:

Website:

v. December 2020

E-VERIFY

1) Definitions:

“Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration.

“Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration.

2) Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of:

a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and

b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Atlantic Beach, Florida; and

c) By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

FORM 7

PUBLIC RECORDS PROVISIONS

FOR ALL CONTRACTS AND AMENDMENTS Effective as of

July 1, 2016 per Chapter 2016-20, Laws of Florida

Section 119.0701. Public Records

(a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE,

THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS

AT (904) 247-5809, dbartle@coab.us, 800 SEMINOLE ROAD,

ATLANTIC BEACH, FLORIDA 32233.

(b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records

laws, specifically to:

1. Keep and maintain public records required by the public agency to perform the service.

2. Upon request from the public agency's custodian of public records, provide the public

agency with a copy of the requested records or allow the records to be inspected or copied

within a reasonable time at a cost that does not exceed the cost provided in this chapter or

as otherwise provided by law.

3. Ensure that public records that are exempt or confidential and exempt from public

records disclosure requirements are not disclosed except as authorized by law for the

duration of the contract term and following completion of the contract if the contractor does

not transfer the records to the public agency.

4. Upon completion of the contract, transfer, at no cost, to the public agency all public

records in possession of the contractor or keep and maintain public records required by the

public agency to perform the service. If the contractor transfers all public records to the

public agency upon completion of the contract, the contractor shall destroy any duplicate

public records that are exempt or confidential and exempt for public records disclosure

requirements. If the contractor keeps and maintains public records upon completion of the

contract, the contractor shall meet all applicable requirements for retaining public records.

All records stored electronically must be provided to the public agency, upon request from

the public agency's custodian of public records, in a format that is compatible with the

information technology systems of the public agency.

(c) Failure to provide the public records to the public agency within a reasonable time may

subject the contractor to penalties under s. 119.10 and s. 119.0701(4), Florida Statutes.

Public Records Provisions, Page 1

PUBLIC RECORDS PROVISIONS

FOR ALL CONTRACTS AND AMENDMENTS Effective as of

July 1, 2016 per Chapter 2016-20, Laws of Florida

This is to confirm that w e have been informed of, and will abide by, the Public

Records Provisions regarding s. 119.0701 FS

Signed: Print:

Company: Phone:

E-Mail: Date:

Public Records Provisions, Page 2

FORM 8

City of Atlantic Beach 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445

TELEPHONE (904) 247-5880 FAX: (904) 247-5819

WWW.COAB.US

New Vendor Information Request Form Please complete and return to Patty Drake

Via fax or pdrake@coab.us

Vendor Name (as it should appear on Purchase Orders and Check Payments)

Remit To Address

Physical Address (if different from remittance)

Company Phone: Company Fax:

Company Website:

Point Of Contact Information:

Name:

E-Mail Address:

Phone:

Fax:

Should Purchase Orders be faxed or e-mailed? Provide correct information for either

choice.

SECTION G: OVERVIEW

OF RESENTIAL AND

COMMERCIAL

CUSTOMERS

SECTION G: OVERVIEW OF EXISTING RESIDENT AND

COMMERCIAL CUSTOMERS

A. The City of Atlantic Beach has a total land area of 3.49 square miles and has a total

population of 13,872 (per U.S. Census Bureau 2019), with a median resident age of 39

years. As of January 2021, there are currently within the CITY’s city limits and

estimated:

1. 5,139 Residential Units

2. 331 Multi-Family Residential Units

3. 38 Multi-Family Residential Units that utilize recycling toters

4. 44 Multi-Family Residential Units that utilize recycling bins carts

5. 12 Multi-Family Residential Units with containers that are emptied by mechanical

means

6. 209 Commercial Units that receive curbside service

7. 125 Commercial Units that with containers that are emptied by mechanical means

8. 3 Commercial/Multi-Family Residential units that utilize roll-off or compactor

service

74

76

CITY OF ATLANTIC

BEACH

SOLID WASTE, YARD WASTE AND

RECYCLING COLLECTION AND DISPOSAL

SERVICES RFP NO. 21-03

DOCUMENTS REQUIREMENTS CHECKLIST

ALL REQUIRED DOCUMENTS, AS LISTED

BELOW,

MUST BE INCLUDED IN BID PACKAGE AT BID OPENING. ALL DOCUMENTS MUST

BE SUBMITTED IN TRIPLICATE, AND SHOULD BE IN THE SAME ORDER AS LISTED

BELOW

Proposal submitted with ONE (1) ORIGINAL AND SIX (6) COPIES and ONE (1)

CD (or thumb drive)

Signed copy of the Documents Requirements Checklist

Proposal Pricing Form (Form 1)

Insurance Certificates naming the City of Atlantic Beach as Certificate Holder,

showing the bidder has obtained and will continue to carry Workers’ Compensation,

public and private liability, and property damage insurance during the life of the

contract.

Business Tax Receipt

Drug Free Workplace Form (Form 2)

Certificate of Non-Collusion (Form 3)

Sworn Statement on Public Entity Crimes (Form 5)

Performance Bond equal to 100% of the total contract price (Form 4) Proposal/Bid

Bond in the amount of no less than ten-percent (10%) of the proposal revenue for the

first year of the contract (item 27 of Instructions to Respondents).

Completed Form W-9 Request for Taxpayer Identification Number and Certification

(form may be obtained from IRS website – http://www.irs.gov/pub.irs-fil.fw9.pdf)

E-Verify Form (Form 6)

Public Records Provision (Form 7)

77

New Vendor Information Form (Form 8)

Certified Financial Statements for the last 3 years

Complete Operational Plans ( Outlined in Section D)

□ Outline of how Proposer will educate the residents and businesses within the City

Recycling Pick up and marketing plans

Three (3) Five (5) positive references, including contact information

Documentation of any addenda, if applicable

The above requirements have been noted and are understood by bidder. I understand that

failure to submit an item listed above may result in rejection of this bid.

Signature Print

Company Name Phone

Address Fax E-Mail Date