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HomeMy WebLinkAboutRFQRFQ Number: Commodity Codes: Commodity Title: Type of Purchase: M/WBE Set -Aside: Sr. Buyer: Buyer Fax: E-Mail Address: Issue Date: Voluntary Pre -Proposal Conference: Bid Bond: Day/Date: Time: Location/Mail Address: Chy of Miami Request for Qualifications (RFQ) urehasing Department Glenn Marcos, CPPB, Director Miami Riverside Center 444 SW 2'd Avenue, 6d' Floor Miami, Florida 33130 Web S'te Andress: htt:l/ci. i;m'.fl.0 RF Data 03-04-107 906-82; 910-27; 926-45; 92WASTE HAULING95ERVICES 62-39; 1, 988-8; 998-48 COMMERCIAL SOLID FIVE (5) YEARS WITH OTR FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD N/A Pamela Burns, CPPB (305) 400-5026 pburns@ci.miami.fl.us June 14, 2004 De dline For a nest Of Addition l for a ion C rifle do 6/24 /04 June 22, 2004 at 9 AM NO Pro osal Submission Deadline Wednesday, July 7, 2004 2:00PM Office of the City Clerk City Hall, 1" Floor 3500 Pan American Drive Miami, Florida 33133-5504 Directions: LEOMTH AVE., TURN PROCEEDTSOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT) T RNI-95 SOUTH UNTIL IT TURNS INTO USE US1 SOUTH TO 7LEFT, BLOCK TURN RIGHT ON PAN AMERICAN DR, CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. DR.BAYSHORE (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT AT THE ND OF PAN AMERICAN DR PARKING IS ONRIPAN AMERICAN RIGHT. CITYHALL IS RF Content Sections L.0 Introduction to Request for Qualifications 2.0 Specifications/Scope of Work describing what is needed 3.0 Special Conditions within a proposed contract 4.0 General Terms and Conditions that are general in scope 5.0 Instructions for Submitting Response to this RFQ 6,0 Response forms and Check List to be completed, signed and submitted with Proposal l e and at the location Sealed the written lSubmission, Proposals must be received of Respe City of onse onse by fax xis notmi, C'ty c a serk's Office, table, Eive . no oa1er than of your proposal and response forms must beed above returned for the City or Proposal uuSybte p to the City or your proposal may be disqualified, omTRespanse Forms must be returned, itute an order for the goods or services specified. The number of copies requested in this RFQ together withcompleted CONE OF SILENCE ORDINANCE IS APPLICABLE TO THIS SOLICITATION. Location: Miami Orange Bowl Stadium, Athletic Club 1501 NW 3`a Street, Miami, Fl. 33125 Performance Bond: YES City of Miami, Florida Sealed Proposals will City Hall, First Floor, RFQ No. 03-04-107: ISSUE DATE: Commercial Waste Hauling Services RFQ 03-04-107 PUBLIC NOTICE be received by the City of Miami City Clerk iat 3500 Pan American Drive, Miami, Fla 33 33 for the following: The City of Miami is seeking to enter into Franchise Agreements with qualified private commercial haulers to provide solid waste collection and disposal services to commercial heDtabeli ent of Solid Was and ste.y residents with four (4) or more units, for t p Voluntary Pre -Proposal Conference: Monday, June 14, 2004 Tuesday, June 22, 2004 at 9 AM Location: Miami Orange Bowl Stadium Athletic Club 1501 NW 3rd Street Miami, Fl. 33125 Deadline for Request of Additional Information: Thursday, June 24, 2004 at 5:00 P.M. SUBMISSION DATE: Wednesday, July 7, 2004 at 2:00 P.M. This Request for Qualifications (RFQ) is available from the City' s website at htt:llwww.ci•miami•fl.ushProcurementlor the City's Purchasing ha ing)D ep 906 t,o(445) 14 S.W. 19Avenue, Sixth Floor, Miami, Florida 33130 The telephone number{ 2 City of Miami, Florida Commercial Waste Hauling Services RFQ 03-04-107 1.0. INTRODUCTION TO REQUEST FOR QUALIFICATIONS 1.1. Invitation The City of Miami ("City"), Thank you for your interest in this Request for Qualification ("RFQ") process. through its Purchasing Department invites responses ("Proposals") which offer to provide the services described in greater detail in Section 2.0: Specifications / Scopeof Work. 1.2. Term of Franchise Agreementherein (the The Proposer(s) qualified and selected to provide the services requested e test vd h the City, "Qualified shallinclude,00ser)") but shall be required to execute a Franchise Agreement ("Agreement") not be limited to, the following terms: A. The initial term of the Agreement shall be for five (5) years. B. The City shall have the option to extend the Agreement for one (1) additional three (3) year period, at its sole discretion. Qualified Proposer(s) will be given at least thirty (30) days prior written notice. C. Extension of the term of the Agreement beyond the initial iial upon the Qualified is noption Proposer(s). the Cto be exercised in its sole discretion and does not confer any rights 1.3. Business Objectiveces of The City of Miami ("City"), a municipal corporation of the aA Qeemf len tto prov dea, is n ommerc ag the !I solid Qualified Proposer(s) ("Proposer(s)") to enter into a Franchise g waste hauling services on a city-wide basis. 1.4. Voluntary Pre -Proposal Conference the voluntary Pre -Proposal osal Conference. This Potential Proposers are highly encouraged to attend 2004 at 9 OO AM at Miami Orange Bowl Stadium, Pre - Proposal Conference will occur on JuneTuesday, Athletic Club, 1501 NW 3Td Street, Miami, Fl. A discussion of the requirements will occur at that time. IT IS HIGHLY RECOMMENDED THAT A REPRESENTATIVE(S) OF THE PROSPECTIVE PROPOSER ATTEND. oroughly with any Each potential Proposer is required, prior to submittingri Proposal, affectto gthenworkt itself to performed. No and all conditions and/or requirements that may in any allowances will be made because of lack of knowledge of these conditions. 1. 5. Deadline for Receipt of Request for Additionalo Information clarification tmu st ber f icati n Pursuant to the Cone of Silence, any request for additional information writingno later than 5:00 p.m. on June 24, 2004. Proposers Officer, may at the or email City's Departmentof tment 25 attention of Pamela Burns CPPB, Sr. Procurement 33130. The facsimile number is (305) Purchasing, 444 S.W. 2nd Avenue, 6th Floor, or email: burns ci.miami,fl.us. This RFQ is subject to the City's "Cone of Silence" in accordance with Section 18-74 of the City's Ordinance No. 12271. City of Miami, Florida Commercial Waste Hauling Services RFQ 03-04-107 1.6. Cone of Silence Pursuant to Section 18-74 of the City of. Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City The Cone M Adofministrator shall Administrator issues a written recommendation to the Miami City works be applicable only to Contracts for the provision of goods an o�ibits ,nervices and �u�l��ication �egarding RFPs, r improvements for s, RFLIs omounts reater than r IFB (bids) betweean, among others. The Cone : Silence RFQs, • Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager/Chief Administrator and the City Manager/Chief Administrator's staff, the Mayor, City Commissioners, or their respective staffs; • the Mayor, City Commissioners or their respective staffs and the City's professional staff including, but not limited to, the City Manager/Chief Administrator and the City Manager/Chief Administrator's staff; • potential vendors, service providers, bidders, lobbyist or consultants, any member of the City's professional staff, the Mayor, City Commissioners or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: • oral communications with the City purchasing staff regarding Minority/Women Business Enterprise (M/WBE) and local vendor outreach programs; • Communication is limited strictly to matters of process or procedure already contained in the solicitation document; at uly oticed • the provisions of the Cone of Silence do not apply to oral conferences, punicationsrese tarions nbefore site visits/inspections, pre -proposal or pre -bid selection/evaluation committees, contract negotiations during any duly noticed Commission during a duly noticedl meeting, or public presentations made to the City public meeting; or • communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or bid documents. the • Communications in connection with the collection RFP, RFQ, afRF'LIstry comments OR IFB by CityrPurchasing staff. of market research regarding a particular Proposers or bidders must file a copy of any written communicationsThe with the Office ond in of tC ng and Clerk, p u which shall be made available to any person upon request. City u on request. copy with the Office of the City Clerk, which shall be made available to any personp Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at cerrato ci.miami. t us. In addition to any other penalties provided by law, violation of the rt Cone of Silenceby anyProposer oorsOfferor, bidder shall render any award voidable. A violation by a p Proposer, Any Respondent, lobbyist or consultant shall subject of these proe to vential isions lion shall report such rsuant to the City violation to the person having personal knowledge of a viola RFQ 03-04-107 City of Miami, Florida A and/or may file a complaint with the Ethics Commission. Proposers or bidders should Commercial Waste Hauling Services State ttorney reference Section 18-74 of the City Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You the City Clerk at (305) 250-5360, to obtain a copy of same. 1.7. Clarification the Senior Requests for additional information or clarifications must be made in accordance with therdeadlinne for receipt of questions Buyer specified on the cover sheet of this RFQ, in a specified in the RFQ (see Section 1.5} and the Cone of Snence (see Section 1.). The rquest must er's contact personbaddressephone numberntand the RFQ number and title, Proposer's name, name ofropes facsimile number. Electronic facsimile or email requesting additional information will be this received RFb the Sr. Buyer must havhis RFQ at the fax number or email address specified on the cover sheet ocover sheet which includes, at a minimum, the Proposer's name, name of Proposer's contact person, address, number of pages transmitted, phone number, facsimile number, and RFQ number and title. it in The City will issue responses to inquiries and any other corrections or Proposes should nents ets relnecessary any written addenda issued prior to the Proposal Submission representations, statements or explanations other than thosRF made andthis any RFQ addenda issuor in ed, the lastd addendum this RFQ. Where there appears to be conflict between theQ issued shall prevail. 1.8. Award of Franchise Agreement(s) Theo ortunity to enter into an Agreement shall be afforded to each of the Qualified Proposers, deemed by pp the City most advantageous and in its best interests. calendar days The City reserves the right to extend the Agreement for up to one hundred twenty (120) nual ervice beyond the stated Agreement term in order to provide s exercised, the Cityt shall sn tify the tlQualtf led e a new solicitation is evaluated and/or awarded. If the rig Proposer(s) of its intent to extend the Agreement at the same price, terms ms(12and day conditions for o specific if number of days. Additional extensions over the first one hundred the City and the Qualified Proposer(s) are in mutual agreement of such extensions. 1.9. Payment and Performance Bond Requirements The Successful Proposer(s) shall furnish a payment and performance bond executed by a surety cofor mpany duly authorized to do business in the State of Florida, which sshall be equal to thecounter-signed hauan agent ust e 2 company, resident in the State of Florida. The amount of the bond as month franchise fees paid to the City or a minimum of $25,000 havehichever is greater, on security r` y for any a fees due to the City under this Agreement. The suretyLiability, In financial category of Class VII as evaluated in the current B an's Key irrevocable getterGuide, af cred'rt,�cash, certified lieu of a payment bond, the successful hauler maypayable to the City of check, treasurer's or cashier's checbond,ued by a rinpa form acceptabietrust to the City, shall be submitted, Miami. This payment and performance insurance certificate(s), listing the City together with a signed Franchise Agreement and an approved as Additional Insured, to the Purchasing Department no la r than five (5) business Agreement by the City days after approval by the City Commission and prior to final execution of review City may contact 5 City of Miami, Florida Commercial Waste Hauling Services RFQ 03-04-107 1.10. Execution of Franchise Agreement An Agreement will be negotiated between the Qualified Proposer(s) and the City. 1.11. Instructions Careful attention must be given to all requested items contained in this RFQ. Proposers are invited to submit Proposals in accordance with the requirements of this RFQ. Please read the entire solicitation before submitting a Proposal. Proposers shall make the necessary entry in all blanks provided for the responses. The entire set of documents constitutes the RFQ. The Proposer must return these documents with all information necessary for the City to properly analyze Proposer's response in total and in the same order in which it was issued. Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFQ text is followed. All Proposals shall be returned in a sealed envelope with the RFQ number and opening date clearly stated on the outside of the envelope. Proposers must provide a response to each requirement of the RFQ. Proposals should be prepared in a concise manner with an emphasis on completeness and clarity. 1.12. Changes / Alterations Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. 1.13. Discrepancies, Errors, and Omissions Any discrepancies, errors, or ambiguities in the RFQ or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be necessary, a written addendum will be incorporated to the RFQ. The City will not be responsible for any oral instructions, clarifications, or other communications. 1.14. Disqualification The City reserves the right to disqualify Proposals before or after the submission date, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. It also reserves the right to waive any immaterial defect or informality in any Proposals; to reject any or all Proposals in whole or in part, or to reissue a Request for Qualifications. 1.15. Proposal Receipt Sealed Proposals will be accepted in accordance with the instructions detailed on the cover of this RFQ. After that date and time, Proposals will no longer be accepted. The Proposer shall file all documents necessary to support its Proposal and shall include them with its Proposal. Proposers shall be responsible for the actual delivery of Proposals during business hours to the exact address indicated on the cover and in the RFQ. Proposals that are not received by the City Clerk's Office by the deadline established in the RFQ shall not be accepted or considered by the City. 1.16. Capital Expenditures The Proposer understands that any capital expenditures that the Proposer makes, in order to perform the services required by the City in this RFQ, is a business risk of the Proposer. The City, however, is not and shall not pay or reimburse any capital expenditures or any other expenses; incurred by any Proposer in anticipation neither of a Contract award nor to maintain the approved status of the Proposer if a Franchise Agreement is awarded. 6 City of Miami, Florida Commercial Waste Hauling Services RFQ 03-04-107 2.0 SPECIFICATIONS 1 SCOPE OF WORK 2.1 BACKGROUND seekingto qualify private commercial haulers The City of Miami (hereinafter referred to as "City") ' is q (herein referred to as "haulers" or "contractors") to enter st blishme tsciwide cand m ugti family re den c s solid waste collection and disposal services to its commercial e with four (4) or more units, totaling approximately 21,000 accounts in 34 square miles. The RFQ includes garbage, trash, specialized roll -off and recycling service��inafter referred to asf `Agreement") shall enable hazardous materials and biological/biomedical waste. The Franchise Agreement (h qualified haulers to provide these services within the City for the term specified in the Agreement. Commercial haulers shall be responsible for seeking their own commercial accounts within the City. 2.2 SPECIFICATIONS / SCOPE OF WORK It is the intent of the City to secure qualified hauierwast hauling servicesAgreement, including rnll--off and recycling 2004, for the purpose of providing commercial solid services, throughout the City. This city-wide Agreemenhbetween twail tfied haulers and the he allowed to provider thesel services ain in effect for an initial five (5) year period, and no of within the corporate limits of the City until the expiration of the e and Agthereement, inial fivet shyeall term e City's sole option whether to exercise the option to extend any Agreementy 2.3 MINIMUM QUALIFICATIONS OF PROPOSER(S): In order to qualify, haulers shall agree to adhere to ail requirements as set forth in theAgreement haas its may exist, as specified in the attached Draft form, and in its final form. Additionally, prospective ll meet ail of the following minimum qualification requirements and provide any and all required documentation pursuant to the same. The following requirements shall be met by a hauler in order to be deemed "qualified" to provide said services, Each prospective Proposer: a) Shall agree to all terms, conditions, and provisions ofthe final Franchise a hed D aft of AAgreement.ment, and agree to execute the same upon being deemed qualified. See a t b) Shall agree to adhere, at the time of application and at all times sade and Fee uring the period covered by the Agreement, to all applicable Codes and Ordinances of the City, d Federal regulations. A reement, c) Shall not owe, or be in arrears for any sum to the City and/or under any p g g unless expressly approved by the City prior to the submission nd due date. ficient service, and have sufficient d) Shall possess equipment capable of providing safe personnel to perform the same. e) If an individual, or in the case of a firm, corporation, partnership, artne sh p,t associatierein, o lon or orgybe zatigoontnory person(s) having any financial, controlling, or managing character. f) Shall maintain proper insurance coverageand furnish a along atu omobile liability insurance policy in the minimum amount of $1,000,000, including workers'compensation, covering the healer's operations for combined neThe City single shall be lisit ge of ted a$ an Addrtional Insured for 0 per occurrence for bodily injury and property damage liability and all insurances must be approved by the City's Risk Management prior to execution of the Agreement. 7 City of Miami, Florida and Shall complete in full and return the attached documentation, which shall, in part, be uti c d by the, City provide all its required information and to determine qualifications.toess h) Shall agree to furnish a payment bond be bgned by an agent fory a surety company d the authorizepanyd, resadent in the in the State of Florida, which shalle State of Florida, to the Purchasing Department no later than five (5) business days after approval by the City Commission and prior to execution of the Agreement by the City. FAILURE TO MEET ANY OF THE ABOVE MINIMUM MAY DISQUALIFY AN APPLIICANT ENTS OR COMPLETE AND RETURN ATTACHME FROM PROVIDING COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI. g) Commercial Waste Hauling Services RFQ 03-04-107 2.4 SUBMISSION REQUIREMENTS The following documents should be submitted as part of the Response to this RFQ. a) Copy of hauler's current Occupational License. b) Copy of hauler's current insurance certificate c) Attestation of ualifications form, Attachment A, completed in full. d) Submission of all documentation, as a minimum, as required in the form, Attachment A. FAILURE TO SUBMIT Y DISQUALIFY YOUR RESPONSERED . INFORMATION MAY 2.5 OPTIONAL REQUEST As part of this RFQ and as the City is receptive to new and innovative ideas, the City is providing the option for any Proposer to submit concepts that concepts coinnovative uld identify methods to accomplish efficient commercial solid waste services. These innovative the City's goals of better City regulation, to promotelgreater antand welfareaof its citizenstive or atThis section ive services and services to promote the beautification of the City tyd the healthive idea(s), or shall not create any obligation on the City to enter inany to ngormationreement based on the may, at the City's sole opt on,nbe include the idea(s) in the final Agreement. However, considered and incorporated in any final Agreement. Attestation of ualifications AND OTHER REQUIRED 8 City of Miami, Florida Commercial Waste Hauling Services RFQ 03-04-107 3.0 SPECIAL CONDITIONS 3.1. Method of Awardst") The City shall establish a Qualified Proposer's List {also knownas de basis for placement of all qualified Proposers for the provision of services stipulated herein, on a ty j The City or the City Manager or designee reserves the right to accept or rejecifiect ithe RFQl responses to this RFQ, waive informalities, and request re -solicitations on thep 3.2. Assignment Neither the RFQ nor the ensuing Agreement shall be of the nsfeW�dchconveyed,n,ithhed or conditPoned, nosed } in the whole or in part, without the prior written consent City's sole discretion. 3.3. Cancellation The City Manager may terminate, by written notice, in whole or part, any Agreement resulting from this RFQ when such action is in the best interest of the City. 3.4. Permits and Licenses permits, inspection fees or any other costs The Qualified Proposer(s) shall obtain and pay for all lic enalties, and/or fines imposed on the City for any ses, that may be required to perform these services. Damages, p ermits or fines shall be borne solely by the qualified Proposer's failure to obtain required licenses, p Proposer. Additionally, copies of all licenses required to complete this work should be included with response to this RFQ. 3.5. Performance work The Qualified Proposer(s) will be responsible for performing eacceptedcmet odsoin carrying goutthemeet City dwork, s in a safe, neat, and good workmanlike manner, using only generally and complying with all federal and state laws, and all ordinances and codes of the City relating to such work, 3.6. Work Assignments with All work assignments during the Agreement period asbe on an "as needed" basis, to the number or frequency of work assignis notification requirements. The City offers no guarantee under the terms of this Agreement. 3.7. Use of Subcontractors s/her The Proposer shall not, at any time during the tenure hSuboont actors) except under and by vire Agreement, subcontract any part of tue of operations or assign any portion or part of the Agreement, to permission granted by the City through the proper officials. Nothing contained in this RFQ shall be construed as establishing any contractual relationship between any subcontractor and the City. ssions The Qualified Proposer shall be fully responsible toe of work undere City for all iselZFQ, and for acts and any acts and of any subcontractor and their employees for the performanc omissions of persons employed by Qualified Proposer. 3.8. Labor, Supervisors, Equipment and Materials The Qualified Proposer(s) shall furnish, at his/her completnse, all ion the services specified inith�s RFQ. equipment, materials and supplies necessary for the satisfactorycom P 9 City of Miami, Florida Commercial Waste Hauling Services RFQ 03-04-107 3.9. Omission from the Specificationse omission om the The apparent silence of the specifications and any addendum regarding any shall be regarded aslmeanhng that only the best specifications of a detailed description concerning any pointt commercial practices are to prevail, and that only materialsandnbasis workmananshipAgof rst.quality are to be used. All interpretations of the specifications shall be made uponthe 3.10. Unauthorized Work Neither the Qualified Proposer(s) nor any of his/her employees shall perform any work unless dProposer(s) shalluly ot authorized by the Contract Administratoror re of theyzed desige. The Agreement or any wQork uallpe wormed by an employee perform any work performed outside the p not otherwise previously authorized. 3.11. Franchise Agreements of the or of Although the purpose of this RFQ is to secure anAgree ent that thatcan thissatisfy soii itation does con t to a the a specific City agency, it is hereby agreed and understood exclusive rights of the Qualified Proposer(s) to perform a'�t heeservices best tnterestse gtoeestablsh the separate contractconjunction with this Solicitation, when deemed to contract to provide said services. 3.12. Limited Agreement Extensione Any specific work assignment which commences prior termination by mutualowrhtten agreementnby bothwill extend beyond the termination date shall, unless terminated parties, continue until completion at the same rates, terms and conditions as set forth herein. 3.13. On-line Vendor Registration It is the policy of the City that all prospective Proposers register on-line at hit alwww.ci.miami.fl.usl rocurement, click on the Live ProposerVendor an regularly supply tolthe City required bids/ and indicate the commodities/services which prosper RFQ notification purposes sent by the City to registeredadprospg prospective d previously are natser via `requi required to re- register, or both. Prospective Proposers who haveY unless prospective Proposer has to update its information concerning Proposerc an chanacgcess its Vendor Profies such as new address, telephone number, fax, commodities, et by selecting the link; modi rofile, and entering its assigned User ID and Password. All prospective Proposers should register on-line, regardless Proposerif esubvenmits or a Bidth the ror t eted "Statement ofy No Bid Form". The City will make its best effort to source i registered or service of future bid/RFQ solicitations and send bid/RFQ wition via conta t a lheink of the facsimileeail or tatton both. o Bid/RFQ Notification sent via e-mail to prospective Proposer Proposers download the document, and the entire document be sent via Order will not facsimilebeissuedase bypthe City rospectiveunless the who choose to be contacted via fax. A Purchase Successful Proposer has registered on-line. For any questions, contact the Vendor Registration Section at (305) 416-1913. 10 City of Miami, Florida 4.0. GENERAL TERMS AND CONDITIONS 4.1. Acceptance/Rejection The City or the City Manager or designee reserves thbe right best interest of and/or the mostadvantageous select Proposer(s) that, in the opinion of the City, will who has previously to the City. The City also reserves the right ms and conditionso reject the ofaosal of any Proposer(s) contract, to deliver on time contracts of a failed to properly perform under theThe City similar nature, and who is not in a position to perform technicalities and requirements its discretion, and/or reserves the right to waive any irregularities and t re - advertise the RFQ. 4.2. City Not Liable for Delays It is further expressly agreed that in noother event shall the for, o be liable account ofranys toppagesto, the Qualified or delay in the Proposer(s), any Subcontractor, or to any person work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 4.3. Cost Incurred By Qualified Proposer(s) All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be borne by the Qualified Proposer(s). 4.4, Legal Requirements This RFQ is subject to all applicable federal, state, cocovered hereinand local .wsLackrof knowledge by the Qualified dinances, rules and regulations that in any manner affect any and all of the services Proposer(s) shall in no way be cause for relief from responsibility. 4.5. Occupational License Requirement Any Proposer with a business location in the City, who submits its tProposal C s l under d r this RFQ, shall h the meet the f City's Occupational License Tax requirements in accordance Miami Charter. Proposers with a business location outsidethe City must of Miami amitt ha lwmeet their local Occupational License Tax requirements. A copy of the license however, the City may at its sole option and in its best interest allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 4.6. One Proposal Only one (1) Proposal from an individual, firm, partnership, corporation or joint venture on a per Part basis, will be considered in response to this RFQ. RFQ 03-04-107 Commercial Waste Hauling Services 4,7, Public Entity Crimesr a A person or affiliate who has been placed on the convicted Proposer list following a convi ervices to a ctiopubc ent tyublic c entity crime may not submit a proposal on a contract to provide any goods or not submit a Response on a contract with a public entity for ease of reale tyuction or property toepair of a s public entity, may building be public work's project, may not submit a response on a ! awarded or perform work as a contractor, supplier, subcontractor, in sextcess of the threshold mount ant under a contract with any public entity, and may not transact business with any public a period of 36 months from the date of provided in Section 287.017 of Florida Statutes for Category Two being placed on the convicted Bidder / Proposer list. 11 City of Miami, Florida Commercial Waste Hauling Services RFQ Q3-04-107 4.8. Resolution of Protests Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement strator ntanOfficer the City Attorney, shll e o the authority, subject to the approval of the City Manager/Chiefrs settle and resolve a protest with final approval by the City Commission. Proposedures.r aretestlea ed to tSeme t the 103 of the City's Ordinance No. 12271 describing the protest toy potimel file shall constitute a forfeiture of cfling requirements for filing shall not be accepted. Failure of a party such party's right to file a protest. NO EXCEPTIONS. 4.9. Review of Proposals for Responsiveness Each Proposal will be reviewed to determine if it is responsive to the submission requirementsoutlined in the RFQ. A "responsive" Proposal is one which follows ther q y irem nts of theon, RFQ,nd includes all approp documentation, is submitted in the format outlined in the RFQ,wis owith these requirements may deem a Proposal signatures as required on each document. Failure to comply non -responsive. A responsible Proposer is one that has the capability ityain allbilityy respectsch to fullyassuper good fahe e requirements set forth in the Proposal, and that has the integrity performance. 4.10. Sales Tax posers should be aware of the fact that all Pro The City is State Sales Tax exempt. Notwithstanding, p to materials and supplies which are purchased by the Proposer Section � e212r08 Floridacompletion Statutes amended contract 1970 andsubject all the Florida State Sales Tax in accordance with amendments thereto and shall be paid solely by the Proposer. 4.11. Employees are Responsibility of Qualified Proposer(s) s r(s at all times, the sole employees of the All employees of the Qualified Proposer(s) shall be consideredagent of the City. Qualified Proposer(s) under its sole direction and not an employee y or g All applicable taxes, fringe benefits, and training for all personnel for the performance under the Agreement shall be the sole responsibility of the Qualified Proposer(s). 4.12. Use of Name The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information ss mwa ion permissionainefrom of the Proposal ity. are to be mentioned, or imply the name of the City, without priorp 4.13. Collusionous The Proposer, by submitting a Proposal, certifies that its Proposal su bmittingt a Pro1posal forrthe same agreement or connection either with any person, firm, orcorporation services, or with the City's Purchasing Department or initiating D lion The . The Proposerser c rti fies that is Proposal is fair, without control, collusion, fraud, or other illegal l is in compliance with the conflict of interest and code of ethics laws. theeCityct will ainvestigate des i ate all situations it where where collusion may have occurred and the City reserves theright collusion may have occurred. 4.14. Contract Administrator The Contract Administrator for the Agreement shall be: 12 City of Miami, Florida Name Commercial Waste Hauling Services RFQ 03-04-107 Mario Soldev ilia Assistant Director Department Solid Waste Address 1290 N.W. 20th St. Miami , FL 33142 4.15. Indemnificationthe The Qualified Proposer(s) shall agree to indemnify, defend tin and each old harmless of themi from its o fcials, employees and agents (collectively referred to as "Indemnities") losses, costs, penalties, fines, damages, claims, expenses (incdiatt rny's damagaliabilities (collectively or referred to as "Liabilities") by reason of any injury to or deathany person the performance or non- performance loss of any property arising out of, resulting from, or in connection with (i) of the services contemplated by the Agreement which negs ligence eor is alleged ll a her active di ectly oror in) irofe the anyact, omission, default or g g caused, in whole or in part, by Indemnities, or any of them or (ii) the failure of the Q'fftheoQua1ifiedtProposer(s) to conformcomply with any of tto requirements specified within the Agreement, or the failure o statutes, ordinances, or other regulations or requirements Areexpressly agrees to local, in connection with the performance under the Agreement. Qualified d Proposer(s)e indemnify and hold harmless the Indemnities, or any of them, Prom and ag), or ainst ryl oits liabilitiessuwhichtractorsy b f asserted by an employee or former employee of Qualifiedp applicable and as provided above, for which the Qualified liability to such employee or former fied Proposer(s) employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 4.16. Insurance ence of Within five (5) days after notification of award, theSection Qualified Indemnification shall furnish Insurance. id• Insurance to the Purchasing Department. please refer to Execution of an Agreement is contingent upon the receipt�nethe manner paesc bed inf the this insurance the certificate is received within the specified time frame but not Qualified Proposer(s) shall be verbally notified of such deficiency and 1 dish Proposer(s) fddsio aubme (5) ) calendar clays to submit a corrected certificate to the City. If thewithin fifteen (15) calendar days after required insurance documents in the manner prescribed in this RFQ, be in the Qualified Proposer(s) has been made aware of Commission much circumstances, , the �the1fed Qualfied Proposer(s) may default of the contractual terms and conditions. Under be prohibited from submitting future proposals to the City. Information regarding any insurance agement ment requirements shall be directed to the Risk Management Abdm e able to the City fan the cost Depart o aping , at (305) 416-1700. Additionally, Qualified Proposer(s) may the services, caused by Qualified Proposer(s)'s failure to submit the require documents. 4.17. Hold Harmless TheQualified ualified Proposer(s) shall hold harmless and indemnify the r nyser) errors in the provision of services and for any fines, which may result from the fault of the Qualified P4.18. Audit Rights and Records Retention The Qualified Proposer(s) agrees to provide access to the City, and to any of its duly authorized fied ch are ctly representatives, to any books, documents, papers, and recordsexamma�onahexcerpts, Proposer(s) stransicr ptionsreThe p of audit, pertinent to this Agreement, for the purpose and records pertinent Qualified Proposer(s) shall maintain and retain any and all books, documents, papers to the Agreement for three (3) years after the City makes final payment under the Agreement and all other 13 RFQ 03-04-107 City of Miami, Florida matters are closed. On an ongoing basis, the most recent Financial Statements and audit it reports, ts, pending Qualified Proposer(s} whether internal or outside audits, must be provided to the City. with, this condition shall result in the immediate cancellation of the Agreement by the or refusal to comply City. 4,19, proposer's Warranty ift, or other consideration contingent upon Proposer warrants forthe services specified herein. atno one was paid a fee, commission, g receipt of an awa Proposers must agree to comply with City Ordinance 10032to provide be awarded work pursupprito ority th s employment opportunities which may arise should qualified Po RFQ. Proposers must complete and return "Statement of Intent to Comply with Ordinance No. 10032 form with res onse. To obtain additional information on this program, contact can be made with the Department P of Community Development at (305) 693-3120. nd The Proposer acknowledges, represents, and warrants that in he performance rman a all the laws,terms ordinances,aconditions rules, 4.21. Applicable Laws of state, of this Agreement, Proposer shall comply with all applicable regulations, and executive orders, now existing or hereinafter il received by the City with respect to this effect and each and every provision required by law as a condition of any federal, state, or localgran A reement. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility. g Commercial Waste Hauling Services 14 RFQ 03-04-107 City of Miami, Florida 5.0. INSTRUCTIONS FOR SUBMITTING A RESPONSE The fg ollowin information and documents are required to be provided with Proposer's Response to this RFQ. Failure to do so may deem your Proposal non -responsive. the to 5.1 PREPARATION OF RESPONSES - Proposers are expecSee expected thoroughly Failure do so examine notRFQ relieve fully understand the scope of services the City is seeking the difficulty or cost of successfully to Proposers from its responsibilities for estimating properly Y performing the work. 5.1.1 Each Proposer shall furnish the information required in the RFQ. The Proposer shall sign the RFQ and print in ink or type your name, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entr y, as required. 5.1.2 Proposer shall include in the response all taxes, eins aPne,osocial to its securieply, worker's s. compensation, and any other benefits normally p by 5.1.3 Proposer should retain a copy of all Response documents for future reference. 5.1.4 All RFQ Responses must be fully completed and typed or printed in ink, and must be signed ing rity to bind in ink with the firni's name and by an officer remployee era erasures or collectionsQons must be initialed pany or firm by his/her signature. Responses having any in ink by the person signing the Response, or the Response may be rejected. 5.1.5 Multiple Responses will be considered non -responsive. Commercial Waste Hauling Services 5.2. Response Format One (1) original and five (5) copies of your complete Response to this RFQ must be delivered to: Ms. Priscilla A. Thompson, City Clerk City of Miami Office of the City Clerk First Floor 3500 Pan American Drive Miami, Florida 33133 Responses must be clears marked on the outside of the acka a referencing RFQ NO. 03-04-107, COMMERCIAL OMMERCIAL SOLID WASTE HAULING SERVICES. Responses received after that date and time will not be acce ted and shall be returned unopened to Proposer. osals received at any other location than the aforementioned or after the Proposal submission date Prop and time shall be deemed non -responsive. provisions given inthe Proposals should be signed by an official authorized to bind the Proposer to the p the contents f the Proposal. Proposals are to remain valid for aas0 art of the Agreement at the City's discretion. -g--Y--ta s. Upon award of an Agreement, Proposal of the Qualified Proposer may be includedp mustprovide a response to each issue. Proposals should be prepared in a concise manner with an Proposers p emphasis on completeness and clarity. 15 RFQ 03-04-107 City of Miami, Florida AR C FC< R'C g.1 15 Commercial Waste Hauling Services Sec. 18-105. First -source hiring agreements. (a) The commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service new opss f r facilities,he successfulenegotiation of first -source ces, and/or receipt grants and loans, for projects of a nature that create 1said contracthiring agreements between the organization or indiVn easible byal ithe city manage wand such finding representative unless such an agreement is found approved by the city commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of federal and state training and employment and Training Consortium, or its successor as local recap funds. ed t Fa cilities means all publicly financed projects, including the t without theyare limitation, financed through public en pr projects, services or thal e use of publicly ownc works, and ed municipal meats to Grants and loans means, without (imitation, urban � �°np, Capitalent tDevelopmention grants D ncorporated and all , economic development agency construction loans, loans from federal and state grants administered by the city. ice contracts means contracts for the procurement of services by the city which include professional Sere services. 16 City of Miami, Florida Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. Commercial Waste Hauling Services RFQ 03-04-107 (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first-sourceotherd rhiring idents agfree cty.t shall be participants of the city training and employment programs, e (Ord. No. 10032, §§ 1--4, 9-12-85; Code 1980, § 18-11) RFQ 03-04-107 City of Miami, Florida Commercial Waste Hauling Services 6,0, RFQ Response Forms - CHECK LIST ecklist isprovided to help you conform with all form/document requirements stipulated in this RFQ. This ch r Submitted W'sth Pr_ 0 ALti 6.1 RFQ Information Form This form must be completed, signed, and returned with Proposal. 6.2 Certificate of Authority, to be completed, signed and returned with Proposal. 6.3 Local Office Affidavit, if applicable 6.4 Debarment and Suspension Certificate (must be signed) YES 6,5 Statement of Compliance with Ordinance 10032 6.6 Conflict of Interest, if applicable 6.7 Complete Response with all required documentation. YES YES__ YES�� YES_ — YES YES��