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Home My WebLink AboutRFP #22-07, Exclusive Curbside Solid Waste Collection Services REQUEST FOR PROPOSALS Request For Proposal #_22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES EVENT DATE TIME RELEASE DATE: October 21, 2022 - PRE-PROPOSAL MEETING (Attendance Mandatory) (2nd Floor Conference Room): Tuesday, November 1, 2022 10:00 AM LOCAL TIME QUESTIONS DUE DATE/TIME: Tuesday November 8, 2022 2:00 PM LOCAL TIME DUE DATE/TIME: Thursday, November 17, 2022 2:00 PM LOCAL TIME PROPOSED SCHEDULE* 1ST EVALUATION MEETING: Tuesday, November 29, 2022 10:00 AM LOCAL TIME 2ND PRESENTATION/EVALUATION MEETING, if applicable: To Be Determined TO BE DETERMINED RECOMMENDATION OF AWARD: City Council Meeting at City Hall 1225 Main Street Sebastian, Florida 32958 Wednesday, December 14, 2022 6:00 PM LOCAL TIME *The City reserves the right to delay or modify scheduled dates and will notify Proposers of all changes. Dates in this schedule may be amended by the City; it is the Proposer’s responsibility to check for any changes. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at the pre-bid conference or bid opening should contact the City of Sebastian at 772-388-8231, at least five (5) days prior to the event to advise of his/her special requirements. Contact Person Don Wixon Procurement/Contracts Manager Email: dwixon@cityofsebastian.org Exclusive Curbside Solid Waste Services RFP # 22-07 Page 2 of 42 REQUEST FOR PROPOSAL COVER SHEET REQUEST FOR PROPOSAL # 22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES PROCUREMENT CONTACT: Don Wixon, Procurement/Contracts Manager PHONE NUMBER: (772) 388-8231 E-MAIL: dwixon@cityofsebastian.org PROPOSALS TO BE RECEIVED NO LATER THAN: Thursday, November 17, 2022 by 2:00 P.M., Local Time PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID Proposer Name: _________________________ Mandatory Pre-Bid Mandatory ______________________________________ Address: _______________________________ _______________________________ City of Sebastian – City Hall Council Chambers 1225 Main Street Sebastian, FL 32958 Phone Number: _________________________ Proposals are firm for One-Hundred twenty Days (120)-work days. Yes __ No __ Other __ Fax Number: ___________________________ E-Mail Address: ________________________ FEIN Number: _________________________ If submitting a “NO PROPOSAL,” state reason: Proposal packages shall only be mailed or hand-delivered to the Procurement Department, located in the CITY OF SEBASTIAN, CITY HALL, 1225 Main Street, Sebastian, Florida 32958. Receipt of Proposals shall be officially closed after time and date identified in this proposal. Proposals received after the specified time and date shall not be accepted. The City shall not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of Administrative Services will be the official authority for determining late Proposals. One (1) original signed in Blue Ink (MARKED “ORIGINAL”), and five (5) copies, and one (1) electronic PDF copy on Compact disk (CD) or flash drive of all Proposal sheets and required attachments shall be executed and submitted in a sealed envelope. Proposer shall mark Proposal envelope, RFP No. 22-07 – EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES. Proposer’s name and return address shall be clearly identified on the outside of the envelope. _______________________________________ Authorized Signature _______________________________________ Title (printed or typed) _______________________________________ Printed Name _______________________________________ Date Exclusive Curbside Solid Waste Services RFP # 22-07 Page 3 of 42 CHECK LIST OF MINIMUM REQUIRED SUBMITTALS This “Standardized Checklist” has been provided to assist the Proposer with the submission of their Proposal package. This Checklist cannot be construed as identifying all required submittal documents for this project. Proposers shall remain responsible for reading the entire Proposal document to ensure they are in compliance. The City, in its sole discretion, SHALL reserve the right to reject any and all Proposals, to waive any and all formalities and reserves the right to disregard all nonconforming, non-responsive or incomplete Proposals. The City specifically reserves the absolute right to determine the seriousness of any Proposer’s failure to specifically conform to the requirements of the proposal document. Proposers cannot utilize the City’s determination of the seriousness of any specific non-conformance as a basis to protest the award of any Proposal. Proposals may be considered subject to rejection if, in the sole opinion of the City, there is a serious omission, unauthorized alteration of form, an unauthorized alternate Proposal, incomplete or unbalanced unit price, or irregularities of any kind. The City may reject as non-responsive, any or all Proposals where Proposers fail to acknowledge receipt of Addenda as prescribed. PROPOSAL SUBMITTALS/FORMAT&REQUIREMENTS Included YES NO N/A Proposer has completed, signed (blue ink) and included Request for Proposal Cover Sheet, page 2. Proposer has completed, signed (blue ink) and included the Checklist of Minimum Required Submittals, page 3. Proposer has provided One (1) Original hard -copy Proposal (marked “ORIGINAL”), signed (blue ink), plus one (1) electronic PDF copy on compact disk (CD) or flash drive of the Proposal complete with all supporting documentation. Proposer has provided the Five (5) hard copies of their Proposal (marked “COPY”) Proposer submittal is organized (to include all information requested under each tab) in tabbed format as described in Section IV, Proposal Criteria, page 25. Proposer has confirmed that their Proposal reflects all Addenda for this project (all Addenda will be posted to www.vendorlink.com, http://demandstar.com and http://www.cityofsebastian.org for notification and retrieval). Proposer has completed, signed (blue ink) and included their Proposal Forms Proposer has provided and signed (blue ink) the Notifications Affidavit stating they recognize and shall comply with the following: Conflict of Interest, No Lobbying, No Collusion, Immigration Laws, Drug-Free Workplace, Public Entity Crimes, Debarment and Suspension, and Scrutinized Vendor, page 41. Proposer completed and included their Reference Form, page 35. Proposer has completed, signed (blue ink) and included their Identical Tie Proposal sheet with signature – (if applicable), page 36. Proposer has signed (blue ink) and included their Proposer’s Insurance Requirements Acknowledgement, page 33. Proposer has included a copy of business tax receipt (occupational license) Proposer has completed, included, and Shall comply with the following: Proposer’s Disclosure, and E-Verify, and Notifications Forms. All signed in blue ink, pages 38 – 41. Proposer has read, understood, and submitted all required documentation for Proposal evaluation. Proposer will include and describe the collection route schedule and maps , page 20, Section D. ______________________________________ Authorized Signature _________________________________ Company ______________________________________ Printed Name and Title Exclusive Curbside Solid Waste Services RFP # 22-07 Page 4 of 42 TABLE OF CONTENTS REQUEST FOR PROPOSAL #22-07 EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES SECTION I Page No. Request for Proposal Cover Sheet 2 Checklist of Required Submittals 3 Introduction and Instructions to Proposers 5 Standard Terms & Conditions 6 - 12 Special Conditions/Performance Bond 13 General Terms and Conditions 14 - 15 SECTION II Page No. Background and Current Residential Collection 16 - 17 SECTION III Page No. Scope of Work 18 Minimum Qualifications 18 Residential Service Options 18 - 19 Collection Route Schedule and Maps 20 General 21 - 23 SECTION IV Page No. Evaluation Procedure and Proposal Criteria 24 - 27 SECTION V Page No. Proposal Forms and Required Documentation Forms 28 - 32 Insurance Requirements Acknowledgement Form 33 - 34 Reference Form 35 Identical Tie Proposal Form 36 Addenda Acknowledgement 37 Proposer’s Disclosure Form 38 - 39 E-Verify Acknowledgement Form 40 Notifications Affidavit Form 41 Subcontractors Listing Form 42 Exclusive Curbside Solid Waste Services RFP # 22-07 Page 5 of 42 SECTION I INTRODUCTION & INSTRUCTIONS TO PROPOSERS The City of Sebastian (hereinafter referred to as “City”) is requesting sealed Proposals for exclusive Solid Waste Services. PROPOSAL DUE DATE & TIME: Thursday, November 17, 2022 at 2:00 P.M. Local Time. Proposal packages shall only be mailed or hand-delivered to the Office of the Procurement Department, located at CITY OF SEBASTIAN, CITY HALL, 1225 Main Street, Sebastian, Florida 32958. Proposals are to be received NO LATER THAN 2:00 P.M. LOCAL TIME, after which time receipt shall officially be closed. Proposals received after the specified time and date shall not be accepted. The City shall not be responsible for mail delays, late or incorrect deliveries. The time/date stamp located in the Office of the Administrative Services Department will be the official authority for determining late Proposals. NOTE: Proposals will be opened on the same date and time as identified above . The Proposal opening will be conducted in the City of Sebastian City Hall Council Chambers on Thursday, November 17, 2022 at 2:00 P.M. LOCAL TIME. Only the NAME of the firms who submitted a response to this Request for Proposal will be read aloud. All Proposals must be executed and submitted in a single sealed package. Proposer shall mark Proposal package, “RFP No. 22-07 – EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES.” Proposer’s name and return address should be clearly identified on the outside of the package. Proposer shall submit six (6) complete sets with all supporting documentation: o One (1) hard-copy original (marked “ORIGINAL”) and signed in blue ink, plus one (1) electronic PDF copy on compact disk (CD) or flash drive of the Proposal complete with all supporting documentation. o Five (5) hard-copies (marked “COPY”) Proposals submitted by facsimile (fax) or electronically via e-mail shall NOT be accepted. Submittal of a Proposal in response to this Request for Proposal constitutes an offer by the Proposer. Proposals, which do not comply wi th these requirements, may be rejected at the option of the City. It is the Proposer’s responsibility to ensure that Proposal submittals are in accordance with all addenda issued. Failure of any Proposer to receive any such addendum or interpretation shall not relieve such Proposer from its terms and requirements. Addenda are available online at http://www.demandstar.com, www.vendorlink.com and http://www.cityofsebastian.org. Proposals not submitted on the enclosed Proposal Form may be rejected, unless stated otherwise in the Proposal documents. A Mandatory Pre-Proposal meeting will be held on Tuesday, November 1, 2022 at 10:00 a.m. Local Time, in the City of Sebastian City Hall 2nd Floor Conference Room located at 1225 Main Street, Sebastian, Florida . This mandatory Pre-Proposal meeting will allow the Proposer the opportunity to inspect the worksite and bring forward any questions concerning this Proposal. For information concerning procedure for responding to this Request for Proposal (RFP), contact Don Wixon, Procurement/Contracts Manager at dwixon@cityofsebastian.org, or at (772) 388-8231. Such contact is for clarification purposes only. Material changes, if any, to the Scope of Services, or Proposal procedures will only be transmitted by written addendum. All questions about the meaning or intent of the Proposal Documents shall be submitted in writing and directed to the City of Sebastian 1225 Main Street, Sebastian, Florida 32958, Attention: Don Wixon. Questions can also be sent via e-mail to dwixon@cityofsebastian.org. Proposers are responsible for verifying questions were received by the Procurement contact. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect and shall not be relied upon by Proposers in submitting their Proposals. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 6 of 42 STANDARD TERMS & CONDITIONS ACCEPTANCE AND REJECTION: The City shall reserve the right to accept or reject any and all Proposals and to accept the Proposal which best serves the interest of the City of Sebastian. The City may award sections individually or collectively whichever is in its best interest. ADDENDUM AND AMENDMENTS TO REQUEST FOR PROPOSAL: If it becomes necessary to revise or amend any part of this Request for Proposal, the City’s Procurement Department will post the Addenda information online at http://www.demandstar.com, www.vendorlink.com, and on the City of Sebastian web page http://www.cityofsebastian.org. ADDITIONAL TERMS & CONDITIONS: No additional terms and conditions included by the Proposer with the Proposal response shall be evaluated or considered. Any and all such additional terms and conditions shall have no force and effect, and are inapplicable to this Proposal if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. The City reserves the right to reject Proposals containing any additional terms or conditions not spe cifically requested in the original terms, conditions and specifications. AWARD: Award will be made to the best responsive and responsible Proposer whose Proposal is determined by the City to be in the best interest of the City. It is most common, not guaranteed, the Proposer who scores the highest number of points will be recommended to City Council. As the best interest of the City may require, the right is reserved to make award(s) by individual item, group of items, "All or None", or any combination thereof; to award to one or more Proposers; to reject any or all Proposals; to waive any minor irregularity in Proposals received; and, at the City’s sole discretion, to request a re-Proposal. Notwithstanding the above reservation of rights, the City anticipates making only one award. COMMITTEE MEETINGS & INFORMATION: The Notice of Committee Meetings will be posted within a reasonable time period (generally 24-hours) in advance of such meetings. Proposers are responsible to check the following locations for updates on this Proposal’s status: on the bulletin board located in the main lobby of the City Hall building at 1225 Main Street, Sebastian, Florida 32958, at http://www.demandstar.com, www.vendorlink.com and at the City’s Web Page http://www.cityofsebastian.org. Any portion of a meeting at which a negotiation with a vendor is conducted pursuant to a competitive solicitation, at which a vendor makes an oral presentation, or answers questions as part of a competitive solicitation is exempt from the Public Meeting requirements in Section 286.011, Florida Statute and Section 24(b), Art. I, Florida Constitution. DEVIATION FROM SPECIFICATIONS: No deviations from the specifications herein shall be allowed. The proposal must be in strict compliance with the specifications and the successful Proposer shall be held accordingly. DISCRIMINATORY VENDOR LIST: An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Proposal for a contract to provide goods or services to a public entity, shall not submit a Proposal on a contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Proposals for leases of real property to a public entity, shall not award or perform work as a contractor, supplier, subcontractor, or consultant under any contract with any public entity, and shall not transact business with any public entity (Section 287.134(3)(d), Florida Statute). ECONOMY OF PREPARATION: The Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposers’ ability to fulfill the requirements of the Proposal. CONE OF SILENCE: A Cone of Silence is hereby imposed and made applicable to this Request for Proposal. The Cone of Silence shall become effective from the time this RFP is released and shall terminate at the time the City Council meets to consider the recommendations as to a final decision regarding award of contract, rejects all responses, or takes other actions that end the procurement process. During the effective time period of the Cone of Silence, any person or entity that submits a Proposal or that will be subject to evaluation under the terms of this RFP Exclusive Curbside Solid Waste Services RFP # 22-07 Page 7 of 42 with members of the City Council, City Manager, and City staff other than the contact person as listed. Proposers who violate the Cone of Silence shall be automatically disq ualified from further consideration. (A) Adherence to procedures which ensure fairness is essential to the maintenance of public confidence in the value and soundness of the important process of public procurement. Therefore, any communication between a bidder, proposer, contractor or protestant (or its employees, agents or representatives) and the City (its members, employees, agents, legal counsel, contractors, or representatives) during the selection process and award is strictly prohibited. Communication shall be prohibited during the following periods: (1) From the date of advertising of the solicitation through award of a contract; and (2) From initiation of a protest of an award or contract through resolution for the parties involved in the protest. (B) EXCLUSIONS: This requirement shall not prohibit: (1) PRE-BID AND PRE-PROPOSAL MEETINGS: Meetings called or requested by the Procurement/Contracts Manager and attended by bidders or Proposers for the purpose of discussing a solicitation, evaluation or selection process including, but not limited to, substantive aspects of the solicitation document. Such meetings may include, but are not limited to, Pre-Bid or Pre-Proposal meetings, site visits to the City’s facilities or property, site visits to bidders’ or Proposers’ facilities, interviews/negotiation sessions as part of the selection process, and presentations by proposers or submitting firms. Such authorized meetings shall be limited to topics specified by the Procurement/Contracts Manager. (2) Solicitation documents may provide for communications from bidders or Proposers to the designated Procurement/Contracts Manager, or discussion at meetings called or requested by the City pursuant to this subsection. (3) Addressing the City Council regarding non-procurement topics at public meetings. (4) The filing and processing of a written protest to any proposed award to be made pursuant to the solicitation, evaluation and selection process. Protest proceedings shall be limited to open public meetings, with no ex parte communications outside those meetings; (5) Contacts by the City’s current contractors but only in regard to: a. any work being performed on City projects unrelated to the solicitation, or b. any City projects under the prohibited ex parte communications for which the cu rrent contractors do not intend to submit a response or have not submitted a response to any solicitation documents for those projects; (6) Communications between the Procurement/Contracts Manager, or other City representatives and the bidder or contractor for routine matters arising from ongoing projects or contracts previously awarded; (7) Contacts by bidders and Proposers (actual or potential) and the City regarding other projects unrelated to the purchase for which the bidders or proposers (actual or potential) may intend to submit a response or have submitted a response to any competitive solicitation; (8) Communications between the Procurement/Contracts Manager and Bidders and/or Proposers (actual or potential) for matters regarding pending purchases. Written questions shall be made to the named contact person. (9) Violation of this provision shall be grounds to disqualify the violator from the award of the purchase, void any award to or contract with the violator, and/or temporarily suspend or permanently debar the violator from future contracts with the City. INDEMNIFICATION: The Proposer shall indemnify, defend and hold harmless the CITY, and its officers and employees, from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Proposer and other persons employed or utilized by the Proposer in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, o r willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the CITY, the Proposer shall, at no cost or expense to the CITY, indemnify and hold the CITY harmless of any suit asserting a cla im for any loss, damage or liability specified above, and Proposer shall pay any cost and reasonable attorneys’ fees that may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 8 of 42 INFORMALITIES: The City of Sebastian reserves the right to both waive any informality in Proposals and to determine, in its sole discretion, whether or not informality is minor. INFORMATION AND LITERATURE: Proposers are to furnish all information and literature requested. Failure to do so may be cause for rejection. INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed to the Procurement Manager. Interpretations, that may affect the eventual outcome of this Proposal, will be furnished in writing to all prospective Proposers. No interpretation shall be considered binding unless provided in writing by the City of Sebastian. PROMPT PAYMENT: Upon acceptance of work by using department of the City, employees and others, the City shall make payment to the Contractor in accordance with the Local Governme nt Prompt Payment Act, Chapter 218, Florida Statutes. The City reserves the right, with justification, to partially pay any invoice submitted by the Contractor when requested to do so by the City Manager or Procurement/Contracts Manager. All invoices shall be directed to the Accounts Payable Section, City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. PRICING: If a unit price, when extended, is obviously in error, the incorrect extended price will be disregarded. PROPOSAL ACKNOWLEDGEMENT: By submitting a Proposal, the Proposer certifies that he/she has full knowledge of the scope, nature, and quality of work to be performed. PROPOSER EXPENSES: No out of scope services shall be provided in the absence of prior, written authorization in the form of a written supplemental agreement and issuance of an appropriate amendment to the contract. The City shall not pay a retainer or similar fee. The City shall not be held responsible for any expenses that a Proposer may incur in preparing and submitting Proposals called for in this request. The City shall not pay for any out-of-pocket expenses, such as word processing; photocopying; postage; per diem; travel expenses; and the like, incurred by the Proposer. The City shall not be liable for any costs incurred by the Proposer in connection with any interviews/presentations (i.e., travel, accommodations, etc.). PUBLIC RECORDS: Sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from Section 119.07(1), Florida Statute and Section 24(a) Article I of the Florida Constitution until such time as the agency provides a notice of an intended decision or until 30 -days after opening the bids, proposals, or final replies, whichever is earlier. If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from Section 119.0 7(1), Florida Statute and Section 24(a) of the Florida Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation, or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12-months after the initial agency notice rejecting all bids, proposals or replies. The City is a public agency subject to Chapter 119, Florida Statutes. The Proposer shall comply with Florida’s Public Records law. Specifically, the Proposer shall: 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 exemp t 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 Proposer 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 Proposer or keep and maintain public records required by the public agency to perform the service. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 9 of 42 If the Proposer transfers all public records to the public agency upon completion of the contract, the Proposer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Proposer keeps and maintains public records upon completion of the contract, the Proposer 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 c ompatible with the information technology systems of the public agency. 5. Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a Proposer feels is “confidential” and exempt from the Public Records Law (i.e. financial statements), the Proposer must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a sealed opaque envelope and marked “Confidential Financial Statement Enclosed.” By submission of a response to this RFP the Proposer agrees to indemnify and hold the City harmless should any information marked as confidential knowingly or unknowingly be released as the result of a public records request. The failure of the Proposer to comply with the provisions set forth in this section shall consti tute a material breach of Agreement and shall be cause for immediate termination of the Agreement. If the Proposer has questions regarding the application of Chapter 119 Florida Statutes, to the contractor’ duty to provide public records relating to this contract, contact the custodian of public records at the City of Sebastian located at 1225 Main Street Sebastian, Florida; 772-388-8215, or jwilliams@cityofsebastian.org. QUANTITIES: The City reserves the right, in its sole discretion, to increase or decrease total quantities as it deems necessary. Quantities listed on proposal sheet(s) identify anticipated award amounts. REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION: The Proposer shall furnish such additional information/clarification as the City may reasonably require. This includes but is not limited to information that indicates financial resources as well as the ability to provide and maintain the services requested. The City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation of service personnel. REQUEST FOR MODIFICATION: The City reserves the right to negotiate a final agreement with the top-ranked Proposer to more fully meet the needs of the City. RECOMMENDATION OF AWARD INFORMATION: The Notice of Consideration for Award for Proposals will be posted in advance of such award. Proposers are responsible to check the following locations for updates on this proposal’s status: on the bulletin board located in the main lobby of the City Hall building at 12 25 Main Street, Sebastian, Florida 32958; at http://www.demandstar.com, www.vendorlink.com and through the City’s Web Page http://www.cityofsebastian.org. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Proposers who do not have Internet access may request a copy of the tabulation by contacting the Procurement Department. RESPONSIBLE PROPOSAL: A Proposer, business entity or individual who is capable to meet all of the requirements of the solicitation and subsequent contract is defined as a Responsible Proposal. The offer must demonstrate that they possess the full capability, including financial and technical, to perform as contractually required and must fully document the ability to provide good faith performance. RESPONSIVE PROPOSAL: A Responsive Proposal is a Proposer, business entity or individual who has submitted a bid or proposal that fully conforms in all material respects to the RFP and all of its requirements, including all form and substance. TAX EXEMPTIONS: The City of Sebastian is exempt from paying Florida sales and use taxes on goods and services purchased by the City. Proposers doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City unless an exemption is available to the Proposer, nor shall any Proposer be authorized to use the City’s Tax Exemption Number in securing such materials. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 10 of 42 TIME FOR CONSIDERATIONS: Proposals will be irrevocable after the time and date set for the opening of Proposals and for a period of one-hundred twenty (120) days thereafter. TRADE SECRETS: Proposers should not send trade secrets. If, however, trade secrets are c laimed by any Proposer they will not be considered as trade secrets until the City is presented with the alleged secrets together with proof that they are legally trade secrets. The City will then determine whether it agrees and consents that they are in f act trade secrets. If a Respondent fails to submit a claim of trade secrets to the City before obtaining the City’s agreement, any subsequently-claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information (F.S. 119.01). CONFLICT OF INTEREST: The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their proposal to the City the name of any officer, director, or agent who is also an employee of the City. Furthermore, all Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit to the City all information on any potential conflict of interest related to provision of the goods or services requested in this Solicitation. The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interes t for evaluation by the team members and other key personnel involved in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal consideration may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. NO LOBBYING: All Proposers and its officers, partners, owners, agents, representatives, employees or parties in interest are hereby placed on notice that any communication, whether written or oral, with City elected officials or any other staff or outside individuals working with the City in respect to this request (with exception of the Procurement Division personnel designated to receive requests for interpretation or corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for proposals, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. The selection process is not considered final until such time as the City, Mayor, and City Council have made a final and conclusive determination . NO COLLUSION: Proposer and its officers, partners, owners, agents, representatives, employees or parties in interest, swears and attests that it is fully informed respecting the preparation and contents of the attached RFP, and of all pertinent circumstances respecting the provision of the goods or services to the City, the Proposal, or offer being made is genuine and is not collusive or a sham. By submitting a Proposal to this RFP, Proposer certifies that all information contained in the Proposal is truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this Proposal is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm, person or corporation responding to this solicitation for the same product or service. Proposer further certifies that Proposer has not divulged discussed, or compared this Proposal with other Proposals and has not colluded with any other Proposer or parties to a Proposal. Any violation of this provision will result in the cancellation and/or return of Proposal’s materials (as applicable) and the removal of Proposal from the list(s). IMMIGRATION LAWS: The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e) (Section 274A (e) of the Immigration and Nationality Act (“INA”). Refer to E-Verify Acknowledgment in solicitation documents. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 11 of 42 DRUG-FREE WORKPLACE: In accordance with Florida Statute Section 287.087, Proposer certifies the following: 1. A written statement is published notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace named above and specifying actions that will be taken against violations of such prohibition. 2. Employees are informed about the dangers of drug abuse in the work place, the Proposer’s policy of maintaining a drug free working environment, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug use violations. 3. Employees are notified that as a condition of working on the commodities or contractual services being solicited, they will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of a ny controlled substance law of the State of Florida or the United States, for a violation occurring in the work place, no later than five (5) days after such conviction, and requires employees to sign copies of such written statement to acknowledge their r eceipt. 4. The Proposer/employer imposes a sanction, or requires 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. 5. Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the drug free workplace program. PUBLIC ENTITY CRIMES: 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 with the United States, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. "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. “Affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (1) A predecessor or successor of a person or a corporation 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, or (3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. PROPOSER CERTIFIES THAT NEITHER THE ENTITY PROPOSING, NOR ANY OF ITS OFFICERS, DIRECTORS, EXECUTIVES, PARTNERS, SHAREHOLDERS, EMPLOYEES, MEMBERS OR AGENTS WHO ARE ACTIVE IN MANAGEMENT OF THE ENTITY, NOR ANY AFFILIATE OF THE ENTITY HAVE BEEN CHARGED WITH AND CONVICTED OF A PUBLIC ENTITY CRIME SUBSEQUENT TO JULY 1, 1989. WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENT AB OVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL. DEBARMENT AND SUSPENSION: Proposer certifies to the best of its knowledge and belief that it and its principals : 1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this application been convicted o r had a civil judgment rendered against them for commission of fraud or a c riminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Exclusive Curbside Solid Waste Services RFP # 22-07 Page 12 of 42 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default. WHERE THE PROPOSER IS UNABLE TO CERTIFY TO ALL OF THE STATEMENTS ABOVE, PROPOSER SHALL ATTACH AN EXPLANATION TO THIS PROPOSAL. SCRUTINIZED COMPANIES: Proposer certifies under penalties of perjury, as of the date of this solicitation to provide goods and/or s ervices to the City, that it complies with: 1.12.1. Does not participate in a boycott of Israel; and 1.12.1. Is not on the Scrutinized Companies that Boycott Israel List; and 1.12.3. Is not on the Scrutinized Companies with Activities in Sudan List; and 1.12.4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 1.12.4. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide notice, in writing, to the Proposer of the City’s determination concerning the false certification. The Contractor shall have sixty-(60) days following the receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Proposer determines, using credible information available to the public, that a false certification has been submitted by Proposer, this Contract may be terminated and a civil penalty equal to the gre ater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. Section 287.135, Florida Statutes, prohibits state agencies and departments, and local government entities from: 1) Contracting with companies for goods or services in any amount if at the time of proposing on, proposing a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to Section 215.473, Florida Statute, or are engaged in business operations in Cuba or Syria. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the Proposer certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List; engaged in a boycott of Israel, pursuant to F.S. 215.4725; have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473; or engaged in business operations in Cuba or Syria. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 13 of 42 SPECIAL CONDITIONS PERFORMANCE BONDS: When the successful Proposer delivers the executed Agreement to City, it shall be accompanied by the required Bonds, Insurance Certificates and Endorsements. The Proposer shall furnish a Performance Bond, in an a mount equal to 50% of their proposed Residential Rate – Category 1 times the total number of Residential Households, annually adjusted each October 1st thereafter, as security for the faithful performance and payment of all the Contractor’s obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date of final payment, except as otherwise provided by law. State of Florida Bonding Requirements: 1. The surety (bonding) company must be licensed to conduct business in the State of Florida and show proof thereof. 2. The surety (bonding) company must hold a current certificate authorizing them to conduct business in the State and show proof thereof. 3. The surety has twice the minimum surplus and capital required by the Florida Insurance Code; and show proof thereof. 4. The surety (bonding) company is in compliance with the Florida Insurance Code; and show proof thereof. 5. The surety (bonding) company holds a valid certificate of authority issued by the U.S. Department of Treasury and show proof thereof. 6. Those copies of all documents that the surety (bonding) company provided are certified. 7. Each surety, (bonding company) provide proof that it is listed in the current issue of the Federal Registry, Department Circular 570, Department of the Treasury, of “Companies Holding Certificates of authority as Acceptable Sureties on Federal Bonds as Acceptable Reinsuring Companies”. Suret ies may also provide proof that they are authorized to transact insurance business in the State of Florida and in addition thereto, they may provide a copy of their current, audited, annual statement indicating their current financial condition. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 14 of 42 GENERAL TERMS AND CONDITIONS CORRECTIONS, CANCELLATION, & WITHDRAWAL: Proposers may be asked to provide further information after the solicitation opening to determine the responsibility of the vendor. WAIVER OF TECHNICALITY AND WAIVER OF IRREGULARITIES: Information shall not be considered after the solicitation opening if it has been specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. THE CITY MAY WAIVE ANY INFORMALITY, TECHNICALITY, OR IRREGULARITY ON ANY PROPOSAL, IN ITS SOLE DISCRETION. A minor or non-substantive lack of conformity may be considered a technicality or irre gularity which may be waived by the City. a. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. b. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the RFP its entirety prior to award in its sole discretion. c. Withdrawal: Prior to any published proposal opening date and time, a Proposer may withdraw his or her Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a telephone call. d. Amending Proposal: Prior to the published Solicitation Opening date and time, a Proposer may amend their Proposal provided that it is in writing, in a sealed envelope, and identified. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the requested services. The Proposer (s) who is selected for the Project will be required to fully comply with the Project criteria, regardless that the Solicitation may have been based on a variation. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation should be limited to Proposers means and methods, approach to Project, use of new products, and new uses for established products. SUBCONTRACTORS AND EMPLOYEES: The Proposer is required to identify any and all Sub-consultants that will be used in the performance of the proposed Agreement and to clearly identify in their Proposal the percentages of Work to be performed by their Sub-consultants. Identify on page 42. DELETION OR MODIFICATION OF SERVICES: The City reserves the right to delete, increase, or modify any portion of the contracted services at any time without cause, and if such right is exercised by the City, the total costs shall be adjusted at the same ratio as the estimated costs of the Services. AVAILABILITY OF FUNDS: The obligations of the City under this award are subject to the availability of funds lawfully appropriated for its purpose by the City of Sebastian City Council. COUNCIL MEETING: The Proposer must be available to attend City Council meetings, when required. The Proposer must be prepared to answer any questions and/or provide a presentation, if requested, by City Council and/or by an authorized City representative(s). The awarded Proposer is not required to attend the City Council meeting for the approval of the ran kings, but attendance is recommended, and welcome. The date and time of the City Council meeting will be publicly noticed. NOTICE TO PROCEED: The Proposer shall not commence any Work, nor enter a Worksite, until a written Notice to Proceed (NTP) directing the awarded Proposer to proceed with the Work has been issued by the City; provided that such notification shall be superseded by any emergency work that may be required in accordance with the provisions included elsewhere in this RFP and resulting Contract. TERMINATION WITH OR WITHOUT CAUSE: The agreement resulting from this RFP can be terminated immediately with cause if Proposer is found to have failed to perform services in a manner satisfactory to the City; or without cause upon thirty (30) days’ written notice to the Proposer. In the event of termination, the Proposer shall be compensated for all services performed to the City’s satisfaction. The City shall be sole judge of non - performance. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 15 of 42 DISCRIMINATION: The Proposer shall not practice or condone personnel, or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City will not knowingly do business with vendors, proposers, or contractors who discriminate on those protected by state and federal law. Through the course of providing services to the City, Proposers shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the City. PROTEST PROCEDURE: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Procurement/Contracts Manager. The protest shall be submitted in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file a timely formal written Protest within the time specified shall constitute a waiver by the Proposer of all rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature of the grievance and the grounds upon which any relief, modification or change is based Decision - If the protest is not resolved by mutual agreement, the Procurement/Contracts Manager shall promptly investigate the basis of the protest. The Procurement/Contracts Manager shall issue a decision in writing within seven (7) calendar days to the protestor and any other party determined by the Procurement/Contracts Manager to be directly affected by the decision. The decision shall: A. State the decision and the basis for the decision, and B. Set forth the protestor’s right to administrative review by the City Manager. Administrative Review – If the protestor disagrees with the decision of the Procurement/Contracts Manager, the protestor may appeal the decision to the City Manager, provided written notice of such appeal shall be submitted to the Procurement/Contracts Manager within seven (7) calendar days of receipt of the dec ision. Stay of Procurement – In the event of a timely and properly filed protest, the Procurement/Contracts Manager shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or until the City Manager makes a determination on the record that the award of a contract is necessary to protect substantial interests of the City in its sole discretion and that the decision is final. END OF SECTION I Exclusive Curbside Solid Waste Services RFP # 22-07 Page 16 of 42 SECTION II BACKGROUND: The City’s current exclusive franchise agreement with Waste Management includes exclusive collection of solid waste, yard waste, bulk waste, electronic waste, white goods, tires and commercial solid waste. Collection of commercial recycling materials is outside the scope of the existing franchise agreement, as this is currently under a County-wide contract. As of March 15, 2022, the City has approximately 8,300 active accounts. Each account has a minimum of 1 (one) solid waste container. Current residential collection service includes the following:  Twice per week collection of solid waste in Franchisee containers.  Once per week collection of yard waste.  On-call collection of white goods, electronic waste and tires. (bulk waste).  Residential Solid Waste shall not be collected by the Franchisee on Sundays, or the holidays of Memorial Day, July 4th, Labor Day Thanksgiving Day, Christmas Day or New Year’s Day unless necessary to respond to an Uncontrollable Force. Residential Solid Waste does not need to be collected by the Franchisee on any holiday when the County Landfill is closed. If the Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste (other than Yard Waste) on the Wednesday following such holiday if it occurs on a Monday or Tuesday, or preceding such hol iday if it occurs on a Thursday or Friday. If yard trash is scheduled to be collected on Memorial Day, July 4th, Labor Day, Thanksgiving Day, or on a holiday when the County Landfill is closed, collection will not occur that day and Franchisee shall instead collect Yard Trash on the next regularly scheduled collection day. If Yard Trash is scheduled to be collected on Christmas Day and New Year’s Day, then Franchisee shall instead collect Yard Trash on the Saturday after Christmas Day and New Year’s Day.  Residential collection begins no earlier than 7:00 AM and ceases no later than 6:00 PM. Current Multi-dwelling collection service includes the following:  Automated collection of solid waste, from contractor-provided and maintained containers, at a frequency of no less than twice per week. Current dumpster use includes the following:  Waste Management provides and services 20-yard dumpsters and above. All dumpsters less than 20 yards can be provided and serviced by another waste collection services company. Current commercial collection service includes the following:  Automated collection of solid waste in contractor-provided and maintained containers, at a frequency negotiated between the contractor and customer.  Commercial collection begins no earlier than 7:00 AM and ceases no later than 5:00 PM. Current municipal collection services include the following:  Twice per week collection of solid waste in Contractor-provided and maintained containers at all City locations at no charge to the City.  Collection of solid waste at 36 public locations and following approximately three (3) scheduled City-sponsored communities clean up events at no additional charge.  The City of Sebastian provides, maintains and empties all garbage in City Parks. The current billing process is as follows:  Account activation, termination, monthly billing, and collection of payment are entirely handled by the Contractor.  All account information is maintained by the Franchise. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 17 of 42 The current solid waste container process is as follows:  Account activation, delinquency, or termination is executed by the Franchise.  Each account activation requires a minimum of 1 (one) solid wa ste container provided by the Contractor.  The Contractor maintains on-hand container inventory adequate for serving new accounts, replacements, and maintenance.  Solid waste container cleaning is the responsibility of the customer while in their possession; however, containers obtained through delinquency or account termination are cleaned by the C ontractor. END OF SECTION II Exclusive Curbside Solid Waste Services RFP # 22-07 Page 18 of 42 SECTION III SCOPE OF WORK: The City of Sebastian is requesting Proposals from collectors for award of an Exclusive Franchise Agreement to provide collection and transport services for automated single-family, duplexes and multi- dwelling residential solid waste, yard waste, bulk waste, white goods, electronic waste, light bulbs, batteries and tires; and, for commercial solid waste collected in individual containers, front-load containers/bins, and compactors citywide. The Collector shall comply with all federal, state, and local requirements and shall acquire and maintain all required permits and licenses. All Solid Waste containers (dumpsters, wheel-out, front end load business containers/multi-family, front end load compactors, open top, etc.) for each service option shall be provided in the Proposal. All solid waste containers shall be provided, owned and maintained by the Proposer , and shall include customer service information such as a name of company and phone number. THIS SECTION DESCRIBES THE PRIMARY SERVICES TO BE PROVIDED BY THE SELECTED COLLECTOR. COLLECTORS SHALL SUBMIT, WITH THEIR PROPOSAL, A DRAFT FRANCHISE AGREEMENT FOR REVIEW BY CITY STAFF. A. MINIMUM QUALIFICATIONS OF COLLECTOR: The City is seeking Collectors with the following experience: 1. Proposer has a minimum of eight (8) years of experience providing solid waste collection services in Florida. 2. Proposer has provided exclusive residential collection service, including solid waste, yard waste, bulk waste, white goods, electronic waste, light bulbs, and tires, to at least two (2) local government jurisdictions, one of which was located in Florida, with a minimum residential population of 30,000 within the past eight (8) years. 3. Proposer is currently servicing a minimum of one (1) residential collection contract having a minimum of 10,000 curbside residential units. 4. Proposer satisfactorily meets all other requirements of the RFP. AGREEMENT TERM/RENEWAL AND FRANCHISE FEE: The City intends to award an initial seven (7) year contract to the successful Proposer commencing on July 1, 2023, terminating on August 31, 2030 with an option to renew for one (1) additional five (5)-year term at the discretion of the City. The Proposer shall provide a Franchise Fee based on gross revenues collected pursuant to the Franchise granted herein. The Franchise Fee shall be paid to the City, by wire or check, on or before the fifteenth (15th) day of each month for all services collected (for all residential, multi-dwelling and commercial customers) by the Franchisee during the preceding month. RESIDENTIAL SERVICE OPTIONS: The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, etc. Proposer shall provide one (1) wheel-out solid waste container having an approximate capacity of 36 -gallons, 64-gallons, or 96-gallons as specified by the resident. Residents shall be permitted to request additional containers. The containers shall be owned by the Proposer. The Proposer shall provide wheel-out solid waste container service from single -family residences for residents who are physically disabled and unable, and have no other means, to place their containers, bulk waste, white goods, and/or electronic waste at the collection point. In addition, all proposals must thoroughly describe the Proposer’s customer service functions and the billing functions used with the subscription options. 1. Category 1 – Subscription Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). 2. Category 2 – Subscription Proposal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). Exclusive Curbside Solid Waste Services RFP # 22-07 Page 19 of 42 3. Category 3 – Universal Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). 4. Category 4 – Universal Proposal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). B. DUPLEX & FOURPLEX OPTIONS (five (5) or less units): The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. In all Proposals that utilize wheel-out containers. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, etc. Proposer shall provide solid waste wheel -out containers having an approximate capacity of 36-gallons, 64-gallons, 96-gallons, as specified by the owner. Residents shall be permitted to request additional containers. The containers will be owned by the Proposer. The Proposer shall provide wheel-out solid waste containers service for residents who are physically disabled and unable, and have no other means, to place their containers, bulk waste, white goods, a nd/or electronic waste at the collection point. In addition, all proposals must thoroughly describe the Proposer’s customer service functions and the billing functions used with the subscription options. 1. Category 1 – Subscription Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). 2. Category 2 – Subscription Proposal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). 3. Category 3 – Universal Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). 4. Category 4 – Universal Proposal: Proposer will provide one (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on -call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). C. MULTI-DWELLING SERVICE OPTIONS (six (6) or more units): The City is requesting four (4) Proposals as outlined below. Proposals must address all options and include pricing for each. The Proposer will manage all aspects of the container system including ordering, storing, delivery, maintenance, replacement, wheel-out solid waste container service from multi-dwelling residents for residences, etc. All Solid Waste containers for each category shall be provided by the Contractor. The containers will be owned by the Proposer. Proposer shall locate dumpsters at a point designated by the hauler in consultation with the customers. In addition, all proposals must thoroughly describe the Proposers customer service functions and the billing functions used with the subscription options. 1. Category 1 – Subscription Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). 2. Category 2 – Subscription Proposal: Proposer will provide once (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). 3. Category 3 – Universal Proposal: Proposer will provide twice (2X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). Exclusive Curbside Solid Waste Services RFP # 22-07 Page 20 of 42 5. Category 4 – Universal Proposal: Proposer will provide once (1X) weekly automated curbside solid waste collection, once per week manual collection of yard waste, and on-call pickup of special collection bulk waste, white goods and electronic waste (four (4) tires once a year, if necessary). D. COLLECTION ROUTE SCHEDULE AND MAPS: 1. Proposer shall include a proposed route schedule and map for all residential services Proposals. 2. Proposer shall describe the collection route schedule and maps. E. CITY FACILITY SERVICE: 1. The Proposer shall provide, at no cost to the City, collection of solid waste and recycling which is generated at property owned, leased, rented, and controlled by the City. 2. The Proposer shall provide all bins, containers, dumpsters, compactors, and roll-off containers necessary to provide these facilities solid waste and recycling services at no additional cost. A list of City facilities collection locations is available in Attachment 1. Proposer shall also provide service to any new City facilities added after the publication of this Request for Proposals. 3. The Proposer shall provide and service and maintain one (1) solar-powered compactor at each of the following: Main Street Boat Ramp, Barber Street Sports Complex Baseball Park, Barber Street Sports Complex Football Park, and Riverview Park. Compactors shall be wrapped with designs showcasing the City of Sebastian. Compactor wrap designs shall be approved by the City of Sebastian designated representative in conjunction with the Leisure Services Director . 4. The Proposer shall provide up to fifty (50) blue 64-gallon Indian River County recycling carts for use at City parks and at City Hall. City staff will distribute and service the carts. Proposer will provide a recycling dumpster at Barber Street Park in which City staff will deposit recyclables from the recycling carts at City parks. Proposer will service the dumpster as part of a regular commerci al recycling route. If additional City facilities require outside recycling cart service, the City will advise the Proposer and it will provide carts for the City to distribute. Such facilities will be added to a regular recycling route. 5. The Proposer shall provide, at no cost to the City, the containers and collection of solid waste and recycling which is generated at three (3) City annual events: Independence Day Celebration held in July at Riverview Park with an attendance of approximately five thousand (5,000); Sebastian Clambake held in November at Riverview Park with an attendance of approximately five thousand (5,000), and the Shrimp Fest held in March with an attendance of approximately five thousand (5,000). 6. The Proposer shall perform two (2) Community Cleanup Events within the Residential Solid Waste area each calendar year. The cleanup shall include electronics, light bulbs, batteries (Universal Wastes), paper shredding, white goods, and tires. The time and location of the community cleanup shall be selected by the City Manager after coordinating with the Proposer. The Proposer shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Proposer shall collect Garbage, Trash, Yard Trash, and Bulk Trash. The Proposer shall transport these materials to the County Landfill for disposal at no cost to the City. F. COMMERCIAL SERVICE (Subscription): 1. Commercial solid waste collection shall be provided in t he most efficient manner not less than twice (2X) per week and at a greater frequency if required to protect the public health . If collection is more than once per day, the Collector may charge customer for extra collection. Proposals must thoroughly describe the Proposer’s customer service functions and the billing functions. 2. Proposer shall develop a commercial recycling program for commercial establishments and businesses, and submit it to the City Manager for acceptance. Proposer will also develop a promotional campaign to encourage businesses located within the City of Sebastian to recycle. The promotional campaign shall be coordinated with the City Manager. The promotional campaign will be promoted through inserts in invoices to current commercial customers, plus announcements at City Council meetings, City website and City TV, and other events. The first three (3) months of commercial recycling will be without charge to the commercial customer provided the customer signs up during the commercial campaign. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 21 of 42 3. The containers shall include the company’s name and customer service information such as a phone number. All Solid Waste containers shall be provided by the Contractor. The containers will be owned and maintained by the Proposer. G. YARD WASTE SERVICE: Yard waste collection shall be provided not less than one (1) time per week. There will be a four (4) yard limit and no requirement to bundle the yard waste that will be collected from each residence. H. BULK WASTE, WHITE GOODS, ELECTRONIC WASTE AND TIRES: 1. Proposer shall provide on-call curbside collection of bulk waste (including move -out piles on all public right-of way), white goods, and electronic waste, light bulbs, batteries, and tires. Proposer shall process and dispose of all bulk waste and white goods in accordance with all applicable laws. 2. Services shall be provided to all residential premises, including multi -dwelling residences, at no additional cost to the residents or City. Notwithstanding, Proposer may charge for Freon removal from Freon- containing appliances. 3. Proposer shall ensure pick-up of bulk waste, white goods, electronic waste, light bulbs, batteries and tires within three (3) business days of the “on-call” request from the address by which the bulk waste, white goods, electronic waste and/or tires was set out or reported by a resident. 4. Proposer shall provide collection for four (4) tires per year to each single -family residence. I. CONSTRUCTION AND DEMOLITION DEBRIS SERVICES: 1. Proposer has the right, but not the exclusive right, to collect construction and demolition debris. The collection of construction and demolition debris shall be performed in conformance with all standards adopted by the City Council by ordinance or resolution. 2. Proposer may provide these services at competitive rates that shall not be controlled by this Exclusive Franchise Agreement. 3. Residential customers may place small amounts of construction and demolition (C&D) debris resulting from minor home improvement projects in their containers as part of regular residential collection service. J. HAZARDOUS WASTE NOTIFICATIONS AND PROCEDURES: 1. The collection, transportation and disposal of hazardous waste designated by OSHA in accordance with 40 CFR 261 and any materials specified in 40 CFR Part 262 is specifically beyond this scope of work. Proposer and City shall take all reasonable steps necessary to prevent hazardous waste from being collected, transported, or disposed of by Propose. 2. Proposer shall provide a tag to be attached to any containers containing hazardous waste items and shall keep a record of all residents who have received a tag. The tag shall notify the resident where the waste items contained therein may be properly disposed. 3. Proposer shall notify all agencies with jurisdiction, including local emergency response providers, and , if appropriate, the National Response Center, of reportable quantities of hazardous waste, found or observed by Proposer anywhere within the City, including on, in, under or about City owned -property and City waste containers. In addition to other required notifications, if Proposer observes any substances which it or its employees reasonably believe or suspect to contain hazardous waste unlawfully disposed of or released on City-owned property, including but not limited to streets in the City, storm drains, or public rights of way, Proposer also shall immediately notify the City. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 22 of 42 4. Proposer shall not be responsible for collection and disposal services for bio -hazardous waste, biological waste, hazardous waste, sludge, and special waste. However, to the extent qualified and licensed, Proposer may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Proposer shall directly bill such persons and entities for such services at a rate mutually agreed on between Proposer and such persons and entities. K. EMERGENCY RESPONSE: 1. The City SHALL reserve the right to negotiate with the awarded Proposer for collection of emergency/natural disaster debris. The City agrees that it shall pay the Proposer for such additional services in an amount mutually agreed upon by the City and the Proposer, provided the City has authorized such work in advance and documented in a manner that meets State and FEMA requirements to qualify for reimbursement. 2. Nothing in this agreement shall exclude the City from using its own workforce and equipment, or other Proposers, for removal of debris or solid waste after such disaster event. L. CONTAINERS FOR RESIDENTIAL SERVICES: 1. Proposer shall provide at, its own cost and expense, the initial residential containers and any replacement containers to all residential premises. 2. All residential accounts shall receive one (1) standard solid waste container having an approximate capacity of 36-gallons, 64-gallons, or 96-gallons as specified by the resident. 3. All residential containers provided by Proposer shall be constructed of rigid, durable materials with a minimum five (5) year life expectancy warranted by the manufacturer. 4. Repairs to residential containers for damage caused by ordinary wear and tear by the residents or by Proposer shall be the responsibility of Proposer. These repairs include replacement of wheels, lids, hinges, axles, and handles. Proposer shall have the right to charge residents for residential containers damaged through willful or intentional abuse or misuse. 5. In the event delivered solid waste containers are lost, stolen, damaged or destroyed, not through the willful or intentional abuse or misuse of resident, Proposer shall deliver to the resident (a) replacement container(s) within one week of request at no charge to the resident. 6. All containers shall include the company name and a phone number to reach customer service. M. RESIDENTIAL BILLING: 1. Proposer shall be expected to perform billing services under the awarded contract for subscription service. Proposer shall describe their policies and procedures to be used for billing services. 2. Proposer shall include a complete description of proposed procedures to address efforts to be taken in the pursuit of non-payments of amounts billed. N. TRANSITION PLAN: 1. Proposer shall describe its proposed strategies to ensure a smooth transition from current contractor to the successful Proposer. . 2. The proposed transition plan is of critical importance to the City. In the transition plan, Proposer must describe the following: i. Proposed transition plan must meet or exceed the level of service for solid waste services currently provided. ii. Individual or group of individuals that will oversee the execution of the transition plan. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 23 of 42 iii. Proposed approach, including equipment, personnel, and schedule, for delivering containers to residential and commercial customers. Also describe how the delivery of the containers will be conducted in coordination with removing existing carts and preventing their continued use. iv. Overall time schedule for the transition. O. VALUE ADDED ELEMENTS: City desires a partnership that will support sustainability, education and community building initiatives. Proposer shall provide a description of the initiatives they can offer the City with their proposal. Proposers will provide a written response to the following items: 1. Green/Environmentally friendly initiatives-both related to internal operations and external service provisions. 2. Public Outreach/Communication/Education – include a marketing plan with schedule for outreach, including strategies for community-wide reduction of single stream recycling contamination. 3. Examples of past community improvement and engagement events and proposals for the City of Sebastian. P. GENERAL: 1. Appointment of Key Contact/Project Manager. The Successful Proposer will appoint one of their employees as the key contact, subject to approval by the City’s Project Manager. 2. It is the City’s belief that the service required is adequately described herein. Therefore, any negotiated contract, which may result from this RFP, will include the entire effort required of the Proposer to provide the service described. END OF SECTION III Exclusive Curbside Solid Waste Services RFP # 22-07 Page 24 of 42 SECTION IV EVALUATION PROCEDURE: Written Proposals will be subject to a review and evaluation process. It is the intent of the City that all Proposers responding to this RFP, who meet the requirements, will be ranked in accordance with the criteria established in these documents. The City will consider all responsive and responsible Proposals received in its evaluation and award process. For evaluation purposes, the term “Responsible” means: A business entity or individual who is fully capable to meet all of the requirements of the solicitation and subsequent contract. Must possess the full capability, including financial and technical, to perfor m as contractually required and be able to fully document the ability to provide good faith performance. Proposals shall include all of the information solicited in this RFP which are pertinent to the understanding and evaluating of the Proposal. Proposers will provide their best price and cost analysis and should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer will be ranked based on the criteria herein addressed. An adjective-based scoring system shall be applied to the non-price factors throughout the evaluation process for the evaluation of the written responses and the oral presentation/informal interviews (if requested). A score of 0 is the least favorable and a score of 5 is the most favorable in all sections. The Proposer’s response will be scored by Committee members in accordance with the following scale: DESCRIPTION: 0 = No information provided for the specific criteria. Proposer failed to address the criteria. No documentation was provided. 1 = “Poor”: Proposal is lacking or inadequate in most basic requirements for the specific criteria. 2 = “Below Average”: Proposal meets many of the basic requirements for the specific criteria, but is lacking in some essential aspects. 3 = “Average”: Proposal adequately meets the minimum requirements of the specific criteria, and is generally capable of meeting the City’s needs. 4 = “Above Average”: Proposal more than adequately meets the minimum requirements of the specific criteria and exceeds those requirements in some respect. 5 = “Excellent”: Proposal exceeds the minimum requirements in most aspects of the specific criteria. NOTE: The Committee member’s score will then be multiplied by the “weighted value” assigned to the different sections to be scored to equal the total score for that section. (EXAMPLE: The maximum score of 5 multiplied by a weighted value of 2 will equal 10-points for that section). Proposers submitting the required criteria will have their Proposals evaluated by an evaluation committee and scored for the non-price factors to include technical response, qualifications and experience. Weights for cost will not be assigned by the evaluation committee. During the evaluation process and at the sole discretion of the City, requests for clarification of one or more Proposer submittals may be conducted. This request for clarification may be performed by the City in a written format, or through scheduled oral interviews. Such clarification request will provide proposers with an opportunity to answer any questions the City may have on a Proposer’s submittal. After written clarification or oral interviews are completed, the Committee members will have an opportunity to revise their individual scores for the non -price factors. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 25 of 42 PROPOSAL CRITERIA: Proposers shall include the following information in their submittal document:  Sections should be tabbed and labeled; pages should be sequentially numbered at the bottom of the page.  Organize the submittals in the format outlined below.  Submittals should be concise and provide only the information requested. Additional data will not be considered. Title Page: (Non-scored): Title Page shall show the RFP’s subject, title and Proposal number; the firm’s name; the name, address and telephone number of a contact person; and the date of the Proposal. Tab 1 – Transmittal Letter: (Non-scored): The response shall contain a cover letter signed in blue ink by a person who is authorized to commit the Proposer to perform the work included in the proposal and should identify all materials and enclosures being forwarded in response to the RFP. Tab 2 – Completed Forms: (Non-scored):  Proposer’s Information Form (page 2)  Check List of Submittal Requirements (page 3) Tab 3 – Table of Contents: (Non-scored): The Table of Contents shall provide listing of all major topics, their associated section number, and starting page. Tab 4 – Summary of Qualifications: (score x weighted value of 2 = maximum 15 points):  Provide evidence of a minimum of eight (8) years’ experience providing solid waste collection services in Florida;  Provide evidence of having exclusive residential collection service including so lid waste, yard waste, bulk waste, white goods, electronic waste and tires, to at least two (2) local government jurisdic tions, one of which was located in Florida, with a minimum residential population of 30,000 within the past eight (8) years;  Provide evidence of having exclusive commercial collection service to at least two (2) local governments within the past eight (8) years, one of which was located in Florida;  Provide a brief discussion about Proposer’s business history and current purpose/function in the marketplace;  Indicate specifically the members of the firm who will have primary responsibility for the City’s contract and provide a brief resume for each. Also indicate all key individuals, and their tasks and/or areas of expertise. Tab 5 – Project Approach / Methodology: (score x weighted value of 3 = maximum 20 points):  Provide a proposed route schedule and map for residential services;  Provide a detailed description of how your collection route schedule shall run; include maps;  Describe in concept your approach to multi-dwelling residential unit collection of solid waste;  Provide your procedure for tagging of hazardous waste; include your process to notify citizens;  Provide your procedure for notifying applicable government agencies of reportable quantities o f hazardous waste found or observed by you anywhere within the City; includ ing on, in, under or about City-owned property and City waste containers;  Describe in detail your process to transition billing from the current provider to your company: provide your process for non-payment procedures;  Provide a list of standard reports that will be available to the City;  Provide your response to the Value Added Elements;  Provide a thorough and complete list of all equipment that shall be used to service the City o f Sebastian. This equipment list shall include the equipment name, specifications, year and mileage. Exclusive Curbside Solid Waste Services RFP # 22-07 Page 26 of 42 Tab 6 – Transition Plan: (score x weighted value of 8 = maximum 30 points):  Describe in detail your transition plan. At a minimum, include the following: o Your proposed strategy to ensure a smooth transition; o Your strategy to meet or exceed the current level of service; o Identify the group of individuals who will oversee the execution of the transition plan; provide a brief resume for each; o Identify equipment, personnel and schedule for delivering containers to all residents; o Describe how the delivery of containers will be conducted in coordination with removal or use of existing carts used by residents; o Provide a timeline for the transition; o Acknowledge that you will take ownership of all City-owned containers. Tab 7- Proposed Cost: (maximum 35 points): All costs associated with delivering the requested services shall be detailed in the format requested on pages 29 through 30.  Subscription Category:– Proposal plus sum of all other groups (residential, multi-dwelling, duplex/fourplex, and commercial)  Universal Category:– Proposal plus sum of all other groups (residential, multi-dwelling, duplex/fourplex, and commercial) Points for cost will be considered separately for each of the two categories (subscription or universal proposal) so City staff can recommend the category and Proposer that best meet the needs of the City. Calculation of points for cost will be completed as described in the following EXAMPLE for each category. Lowest Cost Proposed with a weighted multiplier of 35% of an available 100% total value (35-points): PROPOSAL COST LOWEST COST PROPOSED % OF LOW MULTIPLIER TOTAL POINTS ASSIGNED Company #1 $100,000.00 $100,000.00 100.0% 35 35.00 Company #2 $108,000.00 $100,000.00 92.6% 35 32.41 Company #3 $120,000.00 $100,000.00 83.3% 35 29.17 Tab 8 – Additional Required Proposal Submittal Forms: (Non-scored): Identical Tie Proposal Sheet (if applicable); Proposer’s Insurance Requirements Acknowledgement; Business Tax Receipt; Corporate Resolution (if applicable); E-Verify Acknowledgement; Proposer’s Disclosure Form; Notifications Affidavit; and/or Proposer’s DRAFT Franchise Agreement in a word document. Tab 9– References (Non-scored): Provide a listing of three (3) comparable client references that are using the company’s services. (NOTE: The City may, at its sole discretion, require a complete list of companies served from proposer(s) being considered for award.) At the discretion of the Evaluation Team, the Procurement Chairman may request and tabulate written references and make a report to the Team or assign a Team member to do so. Reference checks are typically completed on the short-listed firms only; however, the City reserves the right to expand reference checks to other firms or during other phases of the evaluation process. Consideration of responses received from reference checks may be given during the final selection process. SELECTION PROCESS: In general, the City wishes to avoid the expense to the City and to proposers of unnecessary oral interviews. Therefore, the City, at its sole discretion, will make every reasonable effort to achieve the ranking using written submittals alone. If no single top -ranked firm can be clearly identified by review of the written submittals alone, a short-list will be developed. The selection committee, at its sole discretion, may conduct formal oral presentations/interviews with the short-listed firms. Formal Oral Presentations/Interviews (If Requested) (maximum 5 X 2 = maximum 10 points) Exclusive Curbside Solid Waste Services RFP # 22-07 Page 27 of 42 The City may choose to conduct oral interviews with, or receive oral presentations from, one or more of the Proposers. If the City chooses to allow oral interviews and/or presentations, such interviews or oral presentations are exempt from Public Meeting requirements (Section 286.011, Florida Statutes). The City’s Procurement Department will establish the schedule and Proposers will be notified within a reasonable time period (generally 5-calendar days) in advance of the date, time and place of the presentations. The specific format of each presentation will be provided to Proposers with the notifications. The City will allot equal time for each Proposer divided into three (3) sequential parts: formal presentations, questions and answers, and discussion. Oral interviews/presentations will provide an opportunity for the Proposers to demonstrate their ability to use time efficiently, effectively and economically. The times allotted are maximums and no firm will be penalized for using less than the allotted time. Final Ranking and Recommendation for Award: After Oral Presentations/Interviews, Committee members will have the opportunity to score oral presentations/interviews for all selected Proposers and determine a final ranking of proposers considered to be most capable of performing the required project in the best interest of the City. The Committee’s final ranking will be provided to the Procurement/Contracts Manager. Additional clarification may be requested during this process. Recommendation and Approval of Ranking: The Procurement/Contracts Manager will send the Evaluation Team’s recommendation and results to the City Manager primarily responsible for review and consent. The Procurement/Contracts Manager will then provide the final recommendation to the City Manager to review and present the results to the City Council. The City Council shall make the final decision based on its sole discretion and that decision will be final. END OF SECTION IV Exclusive Curbside Solid Waste Services RFP # 22-07 Page 28 of 42 SECTION V Proposal Form And Required Documentation RFP NO. 22-07, EXCLUSIVE CURBSIDE SOLID WASTE SERVICES The undersigned declares that, after examining the Proposal Documents for the above referenced project, she/he does hereby submit a response to the Proposal and warrants that: a. She/He is an officer of the organization. b. She/He is authorized to offer a proposal in full compliance with all requirements and conditions, as set forth in the RFP. c. She/He has fully read and understands the RFP and has full knowledge of the scope, nature, quantity and quality of the work to be performed, and the requirements and conditions under which the work is to be performed. d. If the Proposal is accepted, a Purchase Order and/or Contract will be issued as proposed subject to any revisions mutually agreed-upon by the City and the Proposer. Authorized Signature Company Printed Name & Title ________________________________________ Telephone Number ______________________________________ Date ______________________________________ E-mail Address Exclusive Curbside Solid Waste Services RFP # 22-07 Page 29 of 42 PROPOSAL FORM RFP NO. 22-07, EXCLUSIVE CURBSIDE SOLID WASTE SERVICES All listed numbers stated in all sections of the Proposal Form SHALL be used solely to compare one proposal to another and is not an indication of actual service numbers. RESIDENTIAL SERVICE – CATEGORY 1 Description of Services # of Households ‘A’ Monthly Fee ‘B’ Total Monthly Fee ‘A’ times ‘B’ SUBSCRIPTION PROPOSAL  Solid Waste Collection 2x/week  Yard Waste 4 CY max. 1x/week  On-Call Bulk Waste, White Goods, Electronic Waste  Tires (4 per year) 10,000 Automated Collection for Household garbage not vegetation or bulk items $ $ RESIDENTIAL SERVICE – CATEGORY 2 Description of Services # of Households ‘A’ Monthly Fee ‘B’ Total Monthly Fee ‘A’ times ‘B’ SUBSCRIPTION PROPOSAL  Solid Waste Collection 1x/week  Yard Waste 4 CY max. 1x/week  On-Call Bulk Waste, White Goods, Electronic Waste  Tires (4 per year) 10,000 Automated Collection for Household garbage not vegetation or bulk items $ $ RESIDENTIAL SERVICE – CATEGORY 3 Description of Services # of Households ‘A’ Monthly Fee ‘B’ Total Monthly Fee ‘A’ times ‘B’ UNIVERSAL PROPOSAL  Solid Waste Collection 2x/week  Yard Waste 4 CY Max. 1x/week  On-Call Bulk Waste, White Goods, Electronic Waste  Tires (4 per year) 10,000 Automated Collection for Household garbage not vegetation or bulk items $ $ RESIDENTIAL SERVICE – CATEGORY 4 Exclusive Curbside Solid Waste Services RFP # 22-07 Page 30 of 42 Description of Services # of Households ‘A’ Monthly Fee ‘B’ Total Monthly Fee ‘A’ times ‘B’ UNIVERSAL PROPOSAL  Solid Waste Collection 1x/week  Yard Waste 4 CY Max 1x/week  On-Call Bulk Waste, White Goods, Electronic Waste  Tires (4 per year) 10,000 Automated Collection for Household garbage not vegetation or bulk items $ $ MULTI-DWELLING SERVICE (six (6) or more units) – CATEGORY 1 Description of Services # of Households ‘A’ Monthly Fee ‘B’ Total Monthly Fee ‘A’ times ‘B’ SUBSCRIPTION PROPOSAL  Solid Waste Collection 2x/week  Yard Waste 1x/week  On-Call Bulk Waste, White Goods, Electronic Waste  Tires (4 per year) 10,000 $ $ MULTI-DWELLING SERVICE (six (6) or more units) – CATEGORY 2 Description of Services # of Households ‘A’ Monthly Fee ‘B’ Total Monthly Fee ‘A’ times ‘B’ SUBSCRIPTION PROPOSAL  Solid Waste Collection 1x/week  Yard Waste 1x/week  On-Call Bulk Waste, White Goods, Electronic Waste  Tires (4 per year) 10,000 $ $ MULTI-DWELLING (six (6) or more units) – CATEGORY 3 Description of Services # of Households ‘A’ Monthly Fee ‘B’ Total Monthly Fee ‘A’ times ‘B’ UNIVERSAL PROPOSAL  Solid Waste Collection 2x/week  Yard Waste 1x/week  On-Call Bulk Waste, White Goods, Electronic Waste  Tires (4 per year) 10,000 $ $ MULTI-DWELLING (six (6) or more units) – CATEGORY 4 Description of Services # of Households ‘A’ Monthly Fee ‘B’ Total Monthly Fee ‘A’ times ‘B’ UNIVERSAL PROPOSAL  Solid Waste Collection 1x/week  Yard Waste 1x/week 10,000 $ $ Exclusive Curbside Solid Waste Services RFP # 22-07 Page 31 of 42  On-Call Bulk Waste, White Goods, Electronic Waste  Tires (4 per year) Commercial Roll off Containers (includes container service charge) Frequency SIZE 1 2 3 4 5 6 Extra Pickup 1 YD 2 YD 3 YD 4 YD 6 YD 8 YD 15 YD 20 YD 30 YD 40 YD Cart & Rollout Service (includes container service charge) Frequency SIZE 1 2 3 4 5 6 Extra Pickup 96 Gallon Cart Rollout Service 64 Gallon Cart Commercial Compactor (includes container service charge) Frequency SIZE 1 2 3 4 5 6 Extra Pickup 2 YD 17 YD 20 YD 30 YD 40 YD Exclusive Curbside Solid Waste Services RFP # 22-07 Page 32 of 42 Front End Loader Dumpster (includes container service charge) Frequency SIZE 1 2 3 4 5 6 Extra Pickup 1 YD 2 YD 3 YD 4 YD 6 YD 8 TD Authorized Signature Company Printed Name & Title ________________________________________ Telephone Number ______________________________________ Date ______________________________________ E-mail Address Exclusive Curbside Solid Waste Services RFP # 22-07 Page 33 of 42 CITY OF SEBASTIAN PROPOSER’S INSURANCE REQUIREMENTS ACKNOWLEDGEMENT RFP # 22-07, CURBSIDE SOLID WASTE SERVICES STANDARD INSURANCE REQUIREMENTS: Before starting and until acceptance of the work by the City, the Awarded Proposer shall, as a minimum mandatory condition precedent to this work, procure and maintain insurance of the types and to the limits specified below, at their own expense and without cost to the City, until final acceptance by the City of all products or services covered by the purchase order or contract. The policy limits required are to be considered minimum amounts: The Certificate of insurance shall be made to the City of Sebastian, 1225 Main Street, City of Sebastian, FL 32958 and should reference the operation. Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at least 30 days advance written notice shall be given to the City of Sebastian. Minimum coverage with limits and provisions are as follows: A. Commercial General Liability: The Successful Proposer shall provide minimum limits of $1,000,000 each occurrence, $2,000,000 general aggregate combined single limit for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Sebastian and shall name the City of Sebastian as an additional insured with waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an “occurrence” form. B. Business Automobile: Successful Proposer shall provide minimum limits of liability of $5,000,000.00 each accident, combined single limit for bodily injury and property damage. This shall include coverage for:  Owned Automobiles  Hired Automobiles  Non-Owned Automobiles C. Umbrella/ Excess Liability: Successful Proposer shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability and Employers Liability. *This coverage is optional if Successful Propo ser has $2,000,000 General Aggregate under the Commercial General Liability Policy. ** D. Workers' Compensation: The Successful Proposer shall provide and maintain workers’ compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Florida. Exemption certificates to this requirement are not acceptable. Should the Named Vendor utilize a Professional Employer Organization, said Vendor acknowledges and agrees that all employees sent to the City of Sebastian MUST be included on that PEO roster. Said policy must include Employers’ Liability insurance with limits of no less than:  Each Accident $ 100,000.00  Disease – Policy Limit $ 500,000.00  Disease – Each Employee $ 100,000.00 Successful Proposer shall further ensure that all of its sub -contractors maintain appropriate levels of workers’ compensation insurance. ______________ Initial Here Exclusive Curbside Solid Waste Services RFP # 22-07 Page 34 of 42 Other Insurance Provisions: The City of Sebastian is to be specifically included on all certificates of insurance as a named additional insured (with exception to Workers Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability. All certificates must be received prior to commencement of service/work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Deductible Clause – Successful Proposer to declare self-insured retention or deductible amounts. All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the Successful Proposer to ensure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. ______________________________________ Authorized Signature ________________________________________ Company ______________________________________ Printed Name & Title ______________________________________ Date REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exclusive Curbside Solid Waste Services RFP # 22-07 Page 35 of 42 REFERENCES Provide a minimum of three local government references, for which the Proposer is currently providing this type of service (or have provided within the last 8 years). One reference must be residential i n a Florida City with at least 30,000 residents. One reference must be commercial reference in the State of Florida. 1. Company Name Contact Name and Title Address Phone Number E-Mail Address Length of contract or business relationship: Start Date End date Contract Value $ Description of work provided on this contract 2. Company Name Contact Name and Title Address Phone Number E-Mail Address Length of contract or business relationship: Start Date End date Contract Value $ Description of work provided on this contract 3. Company Name Contact Name and Title Address Phone Number E-Mail Address Length of contract or business relationship: Start Date End date Contract Value $ Description of work provided on this contract Exclusive Curbside Solid Waste Services RFP # 22-07 Page 36 of 42 IDENTICAL TIE PROPOSALS In accordance with Section 287.087, Florida State Statutes, preference shall be given to businesses with drug -free workplace programs. Whenever two or more Proposals that are equal with respect to price, quality and service are received by the State or any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies it has completed a drug-free workplace program shall be given preference in the award process. Established procedure for p rocessing 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 prohibitions. 2) Inform employees about the dangers of drug abuse in the workplace the business policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement 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 Proposal, t he 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 Florida Statutes or of any controlled substance law(s) of the United States or any state five (5) days after such conviction or plea. 5) Impose sanctions on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, 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. _______________________________________________ Authorized Signature _______________________________________________ Company _______________________________________________ Date Exclusive Curbside Solid Waste Services RFP # 22-07 Page 37 of 42 ADDENDA ACKNOWLEDGEMENT Proposer’s Name: Phone #: RFP Title: EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES RFP #: 22-07 Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda. Proposer understands that failure to acknowledge any addenda issued may cause their Proposal to be considered non-responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388 - 8231. ADDENDDUM # DATE RECEIVED 1 2 3 4 5 6 7 8 9 10 No Addenda was received in connection with this solicitation. Signature: Title: Print Name: Date: Failure to fully complete, sign and submit this Disclosure may result in rejection of the proposal Exclusive Curbside Solid Waste Services RFP # 22-07 Page 38 of 42 PROPOSER’S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Proposer’s Name: Address: Contact Person: Title: Phone No.: Email Address: Federal Identification No.: This Business is: ( ) An Individual ( ) A Partnership ( ) A Corporation Proposer’s License No., if applicable: *Attach certificate of status, competency, and/or state registration (1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last eight (8) years? YES NO (2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last eight (8) years? YES NO If so how many?____________________________________________________________________ (3) Has your firm had against it, or filed any request for, equitable adjustment, contract claims, proposal protest, or litigation in the past eight (8) years that is related to the services your firm provides in the regular course of business? YES NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. ______________________________________________________________________________________ ______________________________________________________________________________________ (5) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. ______________________________________________________________________________________ ______________________________________________________________________________________ (6) Describe ANY other affiliation or business relationship that may cause a con flict of interest. If none, write NONE. ______________________________________________________________________________________ ______________________________________________________________________________________ Exclusive Curbside Solid Waste Services RFP # 22-07 Page 39 of 42 ********************************************************************************************* I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of Sebastian. Signature Title Date Failure to fully complete, sign and submit this Disclosure may result in rejection of the proposal END OF PROPOSER’S DISCLOSURE FORM Exclusive Curbside Solid Waste Services RFP # 22-07 Page 40 of 42 E-VERIFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E -Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website: http://www/dhs.gov/E-Verify. “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 (also referred to as Vendor or Consult ant). “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 (also referred to as Sub -Vendor or Sub- Consultant). 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:  All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the Vendor/Contractor/Consultant becomes obligated to comply with the provisions of Section 2. 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 resulting 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 of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting 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. I hereby acknowledge and agree 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 resulting contract with the City of Sebastian. Company Name: Authorized Name: Title: Signature: Date: ********************************************************************************************* State of ____________________ County of ___________________ This instrument was acknowledged before me on __________________________. (Date) Notary Public Signature Failure to fully complete, sign and submit this Affidavit may result in rejection of the proposal [Notary Seal] Exclusive Curbside Solid Waste Services RFP # 22-07 Page 41 of 42 NOTIFICATIONS AFFIDAVIT I, , ___________________________________, (Print Authorized Name) (Title) of ____________________________________________________________________________ (Company Name) Affirm that I read and understand, as well as accept all requirements and regulations listed on pages 10 – 12 in the above referenced solicitation document to include the following notifications:  Conflict of Interest  No Lobbying  No Collusion  Immigration Laws  Drug-Free Workplace  Public Entity Crimes  Debarment and Suspension  Scrutinized Vendor Signature: Date: ********************************************************************************************* State of ____________________ County of ___________________ The foregoing Affidavit was acknowledged before me on _______________________ (DATE). Notary Public Signature Failure to fully complete, sign and submit this Affidavit may result in rejection of the proposal [Notary Seal] Exclusive Curbside Solid Waste Services RFP # 22-07 Page 42 of 42 SUB-CONTRACTORS LISTING FORM Bidder’s Name: Phone #: ITB Title: EXCLUSIVE CURBSIDE SOLID WASTE COLLECTION SERVICES RFP #: 22-07 NOTE: List all subcontractors you invited to bid on this project, whether they were selected or not. If subcontractors will not be used on this agreement, check the box below. Form must be submitted with your bid. Use additional sheets if necessary. The City reserves the right to reject any bid if the bid names a subcontractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. Company Name Work To Be Performed Contact Person Telephone Number 1. 2. 3. 4. 5. 6. I affirm that Subcontractors will not be used to complete the project under this agreement. Print Preparer’s Name: Title: Signature: Date: Failure to fully complete, sign and submit this form may result in rejection of the Bid. END OF SECTION V