09-13-12 Hillsborough Solid Waste

Board of County Commissioners Solid Waste Collection Workshop Agenda September 13, 2012 1:30 3:30 p.m.
Call to Order
Ken Hagan, Chair, BOCC
Opening Remarks
Michael S. Merrill, County Administrator
Overview of Objectives and the Process
John W. Lyons, Director, Public Utilities
Overview of Specifications
Mitch Kessler, Kessler Consulting, Inc.
Board Discussion
Board of County Commissioners
Adjourn
Ken Hagan, Chair, BOCC
HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT DOCUMENT
INVITATION TO BID COVER SHEET

BUSINESS & SUPPORT SERVICES DEPARTMENT PROCUREMENT J. THOMAS FESLER, DIRECTOR WEB SITE: Procurement Services E-MAIL: procurementservices@hillsboroughcounty.org 601 E. KENNEDY BLVD., COUNTY CENTER, 18TH FLOOR P. O. BOX 1110 TAMPA, FLORIDA 33601 TELEPHONE: (813) 272-5790 FAX NUMBER: (813) 272-6290
BID NO: TITLE:
ITB-S-0299-0-2012/JSW Processing and Marketing of Recyclable Materials
IMPORTANT NOTICE: Hillsborough County issues its solicitations electronically through its contracted vendor, Onvia DemandStar. All Addenda to such solicitations will be issued exclusively through Onvia DemandStar. If you have obtained this solicitation from a source other than Onvia DemandStar, you will not be listed on the plan holders list and may not receive notification of any Addenda issued. Failure to receive any issued addenda shall not relieve the Bidder from any obligation(s) contained in the addenda. To access Hillsborough County solicitations, any resulting Addenda and Bid results, go to: DemandStar If you need assistance in registering with Onvia DemandStar, please call 1-800-711-1712.
BID NO. ITB-S-0299-0-2012/JSW
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TABLE OF CONTENTS
(Contract Documents)
Title
Pages
BID DATA PAGE.................................................................................................................................... 3 STATEMENT OF NO BID ......................................................................................................................... 4 DEFINITIONS ........................................................................................................................................ 5 INSTRUCTIONS TO BIDDERS .................................................................................................................... 7 GENERAL TERMS AND CONDITIONS ....................................................................................................... 13 SPECIAL TERMS AND CONDITIONS ......................................................................................................... 21 SPECIFICATIONS .................................................................................................................................. 25 BID FORMS........................................................................................................................................ 35 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS............................................................................... 43 BID BOND ......................................................................................................................................... 47 CERTIFICATE OF LIABILITY INSURANCE .................................................................................................... 55 AGREEMENT ...................................................................................................................................... 56 PERFORMANCE BOND ......................................................................................................................... 60
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BID DATA PAGE KEY DATES AND IMPORTANT INFORMATION BID TITLE: PROCESSING AND MARKETING OF RECYCLABLE MATERIALS BID NUMBER: ITB-S-029-0-2012/JSW DESCRIPTION OF BID: The Hillsborough County Public Utilities Department requires the Processing and marketing of Single Stream Program Recyclables. The sources of Program Recyclables are residential curbside Recyclables collected in unincorporated Hillsborough County and four (4) community collection centers. The Services to be performed under this Contract will consist of acceptance, Processing, and marketing of Program Recyclables for the County in accordance with the provisions of this document. BID SUBMITTAL DEADLINE: Xx/Xx/Xxxx at 2:00 p.m. Eastern Standard Time BID SUBMITTAL LOCATION: Bidder is directed to deliver its sealed Bid to the following address no later than the above-referenced Bid Submittal Deadline: Hillsborough County Business and Support Services Department - Procurement th 601 E. Kennedy Blvd., 18 Floor Tampa, Florida 33602 All Bids should be labeled with the Bidders name and marked ITB-S-0299-0-2012/JSW SEALED BID FOR PROCESSING AND MARKETING OF RECYCLABLE MATERIALS. OPENING OF BIDS: Bids will be opened at the above address on the date of the Bid Submittal Deadline at 2:00 p.m., Eastern Standard Time. PRE-BID CONFERENCE: Date/Time/Location
BID BOND/SECURITY REQUIRED: No: _____ Yes: __XX__ [check one] If Yes, then the Bond/security shall be no less than Amount of $75,000. Bidder is hereby directed to item number 29 of the Instructions to Bidders portion of this Invitation to Bid for more information regarding the required Bond/security, if applicable. IMPORTANT NOTICE REGARDING ANY ADDENDA THAT MAY BE ISSUED FOR THIS INVITATION TO BID: Hillsborough County issues its solicitations electronically through its contracted vendor, Onvia DemandStar. All Addenda to this Information to Bid will be issued exclusively through Onvia DemandStar. If you have obtained this solicitation from a source other than Onvia DemandStar, you will not be listed on the plan holders list and may not receive notification of any Addenda issued. Failure to receive any issued Addenda shall not relieve the Bidder from any obligation(s) contained in the Addenda. To access Hillsborough County solicitations, any resulting addenda and Bid results, go to: DemandStar If you need assistance in registering with Onvia DemandStar, please call 1-800-711-1712. FOR ADDITIONAL INFORMATION CONTACT: Name of Procurement Analyst: Title: Telephone: E-Mail: procurementservices@hillsboroughcounty.org
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IMPORTANT NOTICE TO VENDORS: If you do not intend to submit a Bid, please return this Statement of No Bid. STATEMENT OF NO BID HILLSBOROUGH COUNTY BUSINESS AND SUPPORT SERVICES DEPARTMENT PROCURMENT P.O. Box 1110, Tampa, Florida 33601
Bid Number: __________________________________________________________________ Title: ________________________________________________________________________ If you elect not to submit a bid/proposal, please indicate the reason below and either fax this form to 813-2726290 or mail it to the above address. We do not offer this product/service or an equivalent Our schedule would not permit us to perform Insufficient time to respond to solicitation Unable to meet specifications Specifications not clear Unable to meet bond and/or insurance requirements Specifications too tight/restrictive (i.e. geared to specific brand or manufacturer) Subcontractor (submitted bid to General Contractor) Other (please explain):_________________________________________ _____ ____________________________________________________________________________ ____________________________________________________________________________
Signature:_______________________________________ Date:________________________ Name: _________________________________________ Title: ________________________ Company: ___________________________________________________________________ Address: ____________________________________________________________________ Federal Tax Identification Number: ________________________________________________ Telephone: _______________ Fax: _________________ E-Mail: _______________________
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DEFINITIONS
The following words and expressions (or pronouns) shall, wherever they appear in this Invitation to Bid and the Contract Documents, be construed as follows unless a different meaning is clear from the context: "Addendum" or Addenda shall mean the additional information and/or requirements concerning this Invitation to Bid that are issued by the County, in writing, prior to the Bid Submittal Deadline. "Agreement" shall mean the written agreement between the County and the Successful Bidder/Contractor covering the goods and/or Services to be provided and/or the Work to be performed pursuant to this Invitation to Bid. The Agreement (if one is required for this particular Invitation to Bid) will be attached to and made a part of the Contract Documents. Bid and Bidders Bid shall mean the offer, bid or proposal of the Bidder submitted on the prescribed forms setting forth the prices for the work to be performed, along with all other documents submitted by the Bidder in response to this Invitation to Bid. "Bidder" shall mean any person, partnership, corporation or other entity or organization submitting a Bid to provide the goods, Services and/or Work solicited by the County in this Invitation to Bid. Bid Submittal Deadline shall mean the date and time set for delivery to the County of all Bids submitted in response to this Invitation to Bid as more specifically set forth on the Bid Data page. "Board of County Commissioners" shall mean the Board of County Commissioners of Hillsborough County, Florida. "Bonds" shall mean Bid bond, performance bond, and/or payment bond and other instruments of security furnished by the Bidder and/or Contractor and its Surety in accordance with this Invitation to Bid and/or the Contract Documents. Business Day(s) shall mean Monday through Friday excluding public holidays. Change Order shall mean a written order or alteration to a contract or purchase order signed by the appropriate County and Contractor authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time. "Contract" or "Contract Documents" shall mean the Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, all Addenda issued, the Bidders Bid, the Agreement (if applicable), and all the attached documents identified in this Invitation to Bid. "Contractor" shall mean the Successful Bidder(s) and vice versa, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and permitted assignees. "Contract Price" shall mean the total monies payable to the County under the Contract Documents. "Contract Time" or Contract Period shall mean the number of calendar Days stated in the Contract Documents for the completion of the Work and/or the provision of the goods and/or Services specified therein. "County" shall mean the Board of County Commissioners, and the Board of County Commissioners acting by and through its authorized designees, agents, and employees. "County Administrator shall mean the County Administrator of Hillsborough County. "Day(s)" shall mean one calendar day. Designee shall mean the person appointed by the Board of County Commissioners and/or the County Administrator to act on his/her behalf. Invitation to Bid shall mean the solicitation issued by the County for the goods, Services and/or Work specified herein; and shall include the Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications and all Addenda issued.
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"Modification Agreement" shall mean the written order to the Contractor signed by the County authorizing an addition, deletion, or revision in the goods, Services and/or Work to be provided under the Contract Documents or an adjustment in the Contract Price issued after execution of the Agreement. "Notice" shall mean a written notice for the County and the Contractor as set forth in this Invitation to Bid and/or the Contract Document. "Notice of Award" shall mean the written notice given by the County to the Successful Bidder that said Bidder has been selected by the County to provide the goods/Services and/or perform the Work specified in this Invitation to Bid. "Notice to Proceed" shall mean the written notice given by the County to the Successful Bidder/Contractor of the date for the Work to start and/or for the date of the Successful Bidder/Contractor to provide the goods and/or Services specified in the Contract Documents. "Project" shall mean the entire action and/or improvement which is the subject of this Invitation to Bid/Contract. "Project Manager" shall mean the duly authorized representative of the Board of County Commissioners or designee during the Contract Period. Purchase Order shall mean the Countys written document to the Contractor formalizing all the terms and conditions of the successful Bid, thereby forming a valid contract between the County and the Successful Bidder. "Service(s)" shall mean the activity/improvement and/or the means or methods necessary for implementation and prosecution of the Project and/or Work that is the subject of the Contract Documents. "Site(s)" shall mean the area(s) upon or in which the Contractors operations are carried on and such other areas adjacent thereto as may be designated as such by the County. "Specifications shall mean the detailed information set forth in the Specifications section of this Invitation to Bid describing and/or concerning the goods, Services and/or Work being solicited by the County via this Invitation to Bid, including, but not limited to, any terms and conditions contained within the Specifications section, any Addenda issued related to the Specifications section, and/or any drawings or maps relating to the Specifications section of this Invitation to Bid. . "Subcontractor" shall mean any person, firm or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor, materials, and/or equipment for the Work and/or Project to be performed that is the subject of the Contract Documents. Successful Bidder shall mean the Contractor and vice versa, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and assignees. "Surety" shall mean any corporation that executes, as surety, the Bidders Bid bond, and/or any corporation that executed, as surety, the Contractors Bid, performance, and/or payment Bond. Unilateral Change Order shall mean shall mean a written order or alteration to a contract or purchase order signed by the appropriate County authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time that does not require concurrence of the Contractor. "Work" shall mean any and all obligations, duties and responsibilities necessary for the successful delivery of the goods and/or the successful completion of the Services, Project and/or tasks assigned to or undertaken by the Contractor pursuant to the Contract Documents, including, but not limited to, the furnishing of all labor, materials, equipment and other incidentals contemplated by and/related to the Contracted Documents.
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INSTRUCTIONS TO BIDDERS
1. BIDDERS COMPLIANCE WITH COUNTYS PROCUREMENT POLICY AND PROCEDURES: Bidder is advised that by submitting a Bid, Bidder hereby agrees to comply with the Countys Procurement Policy and Procedures, including, but not limited to, the Countys policy and procedures regarding Bid protests. The Countys Procurement Policy and Procedures can be found on the Countys website at: Procurement Policy and Procedures BID DOCUMENTS: 2.1. The Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, any Addenda issued, together with all the attached documents herein identified constitute the entire Invitation to Bid, and must be the basis upon which all Bids are offered. Bidders Bid pricing, in addition to all Addenda issued (signed, if applicable), and any other documentation required by this Invitation to Bid that is submitted by the Bidder in response to this Invitation to Bid shall constitute the Bid. The Bidder is only required to submit its Bid in addition to any Addenda issued (signed, if applicable) and any other documentation required by this Invitation to Bid. Bidder is not required to submit the Bid Data Page, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, or the Specifications. The Bid Data Page, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, any Addenda issued, the Bidders Bid, the Agreement, if attached, together with all other attached documents herein identified shall constitute the Contract Documents upon the award of this Invitation to Bid. 4.3.
s. 812.081, Florida Statutes, and which they believe to be exempt from disclosure, citing specifically the applicable exempting law and including narrative explaining the applicable legal exemption as it relates specifically to Bidders confidential and/or proprietary information. 4.2. All Bids received in response to this Invitation to Bid will become the property of the County and will not be returned. In the event of an award, all documentation produced as part of the Contract will become the exclusive property of the County. All materials that qualify for exemption from Chapter 119, Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as "EXEMPT FROM PUBLIC DISCLOSURE" with Bidders name and the Invitation to Bid number marked on the outside. The County will not accept Bids when the entire Bid is labeled as exempt from public disclosure. Be aware that the designation of an item as exempt from public disclosure by a Bidder may be challenged in court by any person or entity. By designation of material in the Bid as exempt from public disclosure, Bidder agrees to defend the County (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Bidders designation of material as exempt from public disclosure and to hold harmless the County (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys fees, incurred by the County by reason of any claim or action related to Bidders designation of material as exempt from public disclosure.
2.
2.2.
4.4. 4.5.
2.3.
5.
3.
CANCELLATION OF INVITATION TO BID: The County reserves the right to cancel, in whole, or in part, this Invitation to Bid when deemed to be in the best interest of the County. FLORIDA PUBLIC RECORDS LAW: 4.1. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by other applicable State and Federal laws, all Bidders should be aware that this Invitation to Bid and all Bids are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their Bids which they consider confidential and/or proprietary, inclusive of trade secrets as defined in
BIDDERS UNDERSTANDING OF INVITATION TO BID: Bidder is solely responsible for reading and completely understanding this Invitation to Bid in its entirety. BIDDER REQUEST FOR INTERPRETATION OF INVITATION TO BID: No interpretation of the meaning of the Specifications contained in this Invitation to Bid or other contract documents will be made to any Bidder orally. Every request for such interpretation must be in writing, addressed to the Director of Business & Support Services Procurement. To be given consideration, such requests must be received at least ten (10) Days prior to the Bid Submittal Deadline. Any and all such interpretations and any supplemental instructions will be in the form of a written Addendum which, if issued, will be posted at: DemandStar at least five (5) Days prior to the Bid Submittal Deadline. Failure of a Bidder to receive any such Addendum
6.
4.
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or interpretation shall not relieve said Bidder from an obligation under its Bid as submitted. All Addenda so issued shall become part of the Contract Documents. 7. OBTAINING CLARIFICATION AND/OR ADDITIONAL INFORMATION: Bidders are instructed not to contact County employees regarding this Invitation to Bid with the exception of employees of the Business & Support Services Department - Procurement. Potential Bidders requesting clarification or additional information should contact Business & Support Services - Procurement at the address/telephone/fax numbers or e-mail address listed on the Bid Data page. BID PRICING/PRICE QUOTES: Bid pricing must be quoted only on the Bid form(s) provided with this Invitation to Bid; no other form(s) will be accepted. When applicable, all prices quoted are to be free-on-board (F.O.B.) to the job site or specified delivery location in Hillsborough County, Florida. REQUESTED INFORMATION & DESCRIPTIVE LITERATURE: Bidder must furnish all requested information in the spaces provided in the included Bid form(s). Additionally, where required, Bidders must submit cuts, sketches, descriptive literature and/or complete specifications relating to the items proposed in the Bidders Bid.
12. SEALING AND LABELING OF BID: Bidder is directed to seal its Bid from public view and label its sealed Bid with the Bidders name, this Invitation to Bids title, and the Bid Number as specified on the Invitation to Bid Cover Sheet and Bid Data page. Sealed Bids may not be amended or otherwise changed by any writing placed outside the sealed Bid. Any writing that is outside of the sealed Bid will not be considered in the Countys evaluation of the Bid. 13. BID SUBMITTAL DEADLINE: Bidder must have its Bid delivered to the Business & Support Services Department Procurement no later than the Bid Submittal Deadline specified on the Bid Data page of this Invitation to Bid. Under no circumstances will Bids delivered after the Bid Submittal Deadline be considered. Late Bids will not be accepted. 14. DELIVERY OF BIDS: 14.1. 14.2. Bidder must have its Bid delivered to the address specified on the Bid Data page. Bidder is strictly responsible for the delivery of its Bid. The County and/or the Director of the Business & Support Services Department - Procurement shall in no way be responsible for any delays caused by the United States Postal Service and/or other couriers, or for delays caused by any other occurrence. For informational purposes only, Bidder is advised that United States Postal Service delivery is made to the Countys post office box (P.O. Box). Such delivery is not made directly to the street address shown on the Bid Data page, even if the Bidder specifies the street address and/or even if express mail service is utilized; therefore, Bidders use of the United States Postal Service may cause a delay in the Countys receipt of the Bidders Bid by the Bid Submittal Deadline. Bidder is cautioned to plan necessary delivery time accordingly. Electronic or faxed Bids will not be considered.
8.
9.
10. DRUG FREE WORKPLACE PROGRAM: Pursuant to Section 287.087, Florida Statutes, Bidders may submit with their Bids a certificate certifying that they have implemented a drug free workplace program. If two or more Bids are equal in price, quality, and service, preference will be given in the award process to the Bidder who has furnished such certification with its Bid. Certificate forms are available from the Business and Support Services Department Procurement website at: Procurement Services 11. SIGNING OF BID: 11.1. Bidder must manually sign its Bid along with all applicable Addenda issued for this Invitation to Bid. 11.2. Bidders Bid must be manually signed by a person that is legally authorized to contractually bind the Bidder. 11.3. If a Bidder is a partnership, then the Bid must be signed by one or more of the companys general partners. 11.4. If Bidder is a corporation, the Bid must be signed by a current officer of the corporation with such persons corporate title clearly listed below the signature. 11.5. A person signing the Bid as Bidders agent should include with the Bid legal evidence of such persons authority to sign on behalf of the Bidder.
14.3.
14.4.
15. MODIFICATION AND/OR WITHDRAWAL OF BID PRIOR TO BID SUBMITTAL DEADLINE: Prior to the Bid Submittal Deadline, Bids may be withdrawn upon written request signed by the Bidder and submitted and/or postmarked to the County prior to the Bid Submittal Deadline. Withdrawn Bids will not be returned to the Bidder. Except as specifically provided for herein, Bidders may not modify their Bids after the specified Bid Submittal Deadline. Negligence on the part of the Bidder in preparing its Bid confers no right of withdrawal or modification of its Bid after such Bid has been opened by County staff at the specified time and place. Bidders may not withdraw or modify their Bids after the Bid Submittal Deadline.
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16. BID OPENING: At the time and place fixed for the opening of the Bids, every Bid properly delivered by the Bid Submittal Deadline will be opened and specific parts of such Bid shall be publicly read aloud, irrespective of any irregularities found therein. Bidders and other persons interested may be present or represented. 17. TIME PERIOD BID IS VALID: Bidders Bid shall be in force for a period of not less than one hundred eighty (180) Days after the Bid Submittal Deadline. Further, said Bid shall continue in force after said one hundred eighty (180) Day period, until thirty (30) Days following the date of receipt by County of written notice from the Bidder of its intent to withdraw its Bid, or until the date specified in said written notice as the expiration date of the Bid, whichever is later. The aforementioned time periods will remain in effect irrespective of whether an award has been made by the County. Notwithstanding the provisions of the preceding sentence, the Bidder may extend its Bid at any time prior to the scheduled expiration thereof. 18. NO ASSIGNMENT OF BIDS: Bidder may not assign or otherwise transfer its Bid prior to or after the Bid Submittal Deadline. 19. ERRORS ON BID PRICING: If a Bidders Bid contains erasures, corrections or mathematical errors, the Bidder will be bound to the Countys reasonable interpretation of the Bidders intent. The County shall have the discretion to correct any mathematical calculation error and the unit price will control. If a unit price is left blank, the County shall have the discretion to make a reasonable interpretation of the Bidders Bid, which may include, but is not limited to, assigning a zero dollar ($0) amount to such blank unit price. 20. DEVIATIONS: Bidders Bid must state all deviations to the exact requirements imposed upon the Bidder. Such deviations must be stated upon the Bidders Bid form; otherwise, the County may consider Bidders Bid as being made in strict compliance with the requirements of this Invitation to Bid. The County reserves the right to accept or reject any and all Bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if doing so will serve the Countys best interest. Only Bids which conform in all material respects to this Invitation to Bid will be accepted. The County may reject any Bid not submitted in the manner specified by this Invitation to Bid. 21. UNBALANCED BIDS AND/OR EXCESSIVE LINE ITEM PRICES: The County reserves the right to reject any Bid in which unit prices, in the sole opinion of the County, are unbalanced. In addition, where the County has decided to award this Invitation to Bid, it further reserves the right not to utilize a particular line item that, in the sole opinion of
the County, is excessively priced, and reserves the right to obtain that item from another source. 22. FACILITIES INSPECTION: Prior to the award of this Invitation to Bid, he County reserves the right to inspect the Bidder's facility and place of business to determine that the Bidder has a regular, bona fide established business that is presently an on-going concern and is likely to continue as such, and is capable of providing the products and/or services, including any later warranty service, or replacement parts support as may be required. 23. EQUIPMENT DEMONSTRATION: Prior to the award of this Invitation to Bid, the County reserves the right to require a demonstration of equipment as proposed in Bidders Bid. Each Bidder shall be prepared to schedule a demonstration of the type of equipment proposed at a time and location mutually agreeable to the Bidder and the County. The location should be within reasonable traveling distance from the County, and the County shall be responsible for the travel expenses of its County staff members attending such demonstration. Equipment demonstration may be of Bidder-owned equipment or third-party-owned equipment. Failure on the Bidders part to provide the equipment demonstration as described may result in the rejection of its Bid and/or suspension from consideration for award of bids or contracts with the County for a period of up to twenty-four (24) months. 24. INSPECTION OF SAMPLES: After the Bid opening, the County reserves the right to review and inspect representative samples of the products/goods being proposed by the apparent lowest responsive Bidder. Within ten (10) Business Days of receiving a request from the County, Bidder shall provide the County with samples of each item requested for the purpose of the County conducting a quality test or comparison without cost to the County. At the Countys option, this inspection may take place locally, at the Bidders place of business or at a location selected by the County. The County will not be responsible for shipping or other expenses incurred by the Bidder in the qualification of its products or company. The County makes no guarantee that samples will be returned; however, samples not destroyed in testing may be available for return upon request (at the Bidders expense) after testing is completed and after award of the Bid. Failure to provide the samples described above may result in the rejection of Bidders Bid and/or suspension of Bidder from bidding on County procurements. 25. AWARD OF CONTRACT AND REJECTION OF BIDS: 25.1. A contract, if awarded, may be awarded to multiple responsive and responsible Bidders offering the highest revenue to the County in accordance with this Invitation to Bid and applicable law.
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25.2.
The County, in its sole discretion, may determine whether acceptance of the Bid is in the best interest of the County. Further, the County reserves the right to reject any and all Bids and to waive any informality concerning a Bid whenever such rejection or waiver is in the best interest of the County and in conformance with Florida Law. The County also reserves the right to reject the Bid of any Bidder: 1) determined to be non-responsible due to failure to perform properly or timely on a comparable contract; and 2) who is not in a position to perform the contract. Bidder must have the capacity, knowledge, skill and general ability to fully perform. Bidder must also have the integrity, reliability and other applicable qualities that will ensure good faith performance. The County reserves the right to require Bidder to submit documentation and other evidence attesting to the Bidders responsibility. The County may reject Bidders Bid if, at the Countys sole discretion, Bidder fails to submit documents and evidence of responsibility and/or the County has determined that the Bidder is not responsible.
to this Invitation to Bid) shall be required to accompany each Bid in the dollar amount set forth on the Bid Data page of this Invitation to Bid. 29.2. Any submitted certified check or irrevocable letter of credit shall be drawn on a solvent bank or trust company to the order of Hillsborough County Board of County Commissioners, and shall have all necessary documentary revenue stamps attached, if required by law. Surety on Bid Bonds shall be authorized to do business in the State of Florida. All Bid Bonds shall be issued or countersigned by an authorized agent, with satisfactory evidence of the authority of the person or persons executing such bonds. Personal checks, business checks and cash deposits are not acceptable.
25.3.
29.3. 29.4.
25.4.
29.5.
26. BID RESULTS: When available Bid results may be viewed at: DemandStar Bid Results 27. FISCAL NON-FUNDING/AVAILABLILITY OF FUNDING: The award of this Invitation to Bid is contingent upon the availability of funding. Furthermore, if funding during the Contract Period becomes unavailable, the County reserves the right to terminate the Contract after providing the Successful Bidder/Contractor no less than twenty-four (24) hours written notice, provided that, the County will pay the Successful Bidder/Contractor for any authorized goods and/or Services provided prior to the Successful Bidders/Contractors receipt of said termination notice. The County shall be the final authority as to the availability of funds. 28. EXECUTION OF WRITTEN AGREEMENT: Within ten (10) Days of the Notice of Award, the Successful Bidder will be required to sign a written Agreement if one has been made a part of this Invitation to Bid and identified as the Agreement. 29. BID BOND: 29.1. If Bidder is required to submit a Bid Bond for this Bid (as more specifically set forth on the Bid Data page), then either a certified check, a cashiers check, an irrevocable letter of credit or, in the alternative, a submission of a Bid Bond completed and signed by all required parties and submitted in the format detailed by the Bid Bond page (attached
30. EVIDENCE OF POWER-OF-ATTORNEY ON SURETY INSTRUMENTS: Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power-of-attorney. 31. SECURITY FORFEITURE: If within ten (10) Days after the Notice of Award, the Successful Bidder fails to execute the required Agreement and/or performance security, the Bidders Bid security may be forfeited or enforced against the Bidder. If a Bidders Bid security is no longer subject to forfeiture or enforcement, the Bid security will be returned to the Bidder within a reasonable time; however, this shall only be applicable to Bid security that is in the form of cash, cashiers check or money order. 32. LICENSING: Bidder shall be properly licensed for the appropriate category of Work specified in this Invitation to Bid. All Bidders are requested to submit any required license(s) with their Bids. License(s) must be effective as of the Bid opening date and must be maintained throughout the Contract Period. Failure to be properly licensed as stated above will result in the rejection of the Bid as nonresponsive. 33. IRS SUBSTITUTE W-9, REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: All Bidders are requested to complete and submit the attached Substitute W-9 form with their Bid. 34. TAXES: State sales and Federal Excise taxes shall not be included in the Bidders Bid, as Hillsborough County is tax exempt. 35. HILLSBOROUGH COUNTY BUSINESS TAX: All Bidders are required to comply with Hillsborough County Ordinance No. 95-4, as amended by 02-5 and as may be amended in
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the future. Failure of Bidder to comply with such Ordinance shall not be a basis to protest the Countys award of the Contract; instead, any reported failure of a Bidder to comply with the Ordinance will be referred to the Hillsborough County Tax Collector. 36. AFFIRMATIVE ACTION BUSINESS ENTERPRISE PROGRAM: The County hereby notifies all Bidders that Minority Business Enterprises (MBE's), Disadvantaged Minority Business Enterprises (DMBE's), and Disadvantaged Women Business Enterprises (DWBE's) will be afforded an equal opportunity to participate in any award made by the County pursuant to this Invitation to Bid and will not be subjected to discrimination on the basis of race, color, sex, national origin, age or disability. The County prohibits any person involved in County contracting and procurement activities, to discriminate on the basis of race, color, religion, sex, national origin, age, or disability. 37. BIDDER RESPONSIBLE FOR EXAMINING/INVESTIGATING WORK SITE(S): If applicable to this Invitation to Bid, Bidder is solely responsible for examining all Sites of the proposed Work and conducting any investigations necessary to inform itself of any difficulties that may be involved in the completion of the Work. Bidders failure to conduct such examinations and investigations shall not: 37.1. excuse the Successful Bidders failure to complete the Work in accordance with the Specifications and requirements set forth in this Invitation to Bid based on the Successful Bidders/Contractors ignorance of conditions or difficulties that may exist prior to the Bid opening or of conditions or difficulties that may be encountered during the execution of the Work, and/or be a basis for any claims for additional compensation and/or for any extensions of time.
subject the Bidders Bid to rejection by the County if, at the sole discretion of the County, the deviation is considered material in nature. 40. PUBLIC ENTITY CRIMES STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the convicted vendor list. Additionally, pursuant to County policy, a conviction of a public entity crime may cause the rejection of a Bid, offer, or proposal. The County may make inquiries regarding alleged convictions of public entity crimes. The unreasonable failure of a Bidder to promptly supply information in connection with an inquiry may be grounds for rejection of a Bid, offer or proposal.
37.2.
38. CONDITION OF GOODS, SHIPPING COSTS, AND CLAIMS AGAINST CARRIER: Unless otherwise specified, all goods supplied will be new, not used or re-manufactured. Bid prices shall include costs of delivery, shipping and handling. Any claims against the carrier will be the responsibility of the Successful Bidder. 39. BRAND NAMES, ETC.: In instances where the Specifications make this subject applicable, any use therein of brand names, manufacturers' names, trade names, information and/or catalog numbers are used solely for the purpose of providing descriptions and for establishing acceptable quality levels. Such references are not intended to place restriction on the Bidders (other than as to quality) and Bidders may propose and describe upon the Bid forms deviations that the Bidder believes to be equal to or better than the requirements set forth in this Invitation to Bid. However, Bidder is advised that such deviation(s) may
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GENERAL TERMS AND CONDITIONS The provisions contained in this section (General Terms and Conditions) sets forth the general terms and conditions that will apply to the Bidder that is ultimately awarded this Invitation to Bid by the County (the Successful Bidder/Contractor). All Bidders must review and fully understand the terms and conditions contained herein. 1. NO ASSIGNMENT OF CONTRACT: The Contractor may not make any assignment of the resulting Contract between the County and the Contractor, in whole or in part, without the prior written authorization of the County. Failure to obtain prior written authorization of the County will result in a delay of payment(s) at a minimum and may result in termination for breach of contract. APPLICABLE LAW: Unless otherwise specified, this Contract, including, but not limited to, the interpretation, bidding, award, execution and implementation thereof, shall be governed by the laws, rules, and regulations of the State of Florida. LAWS AND REGULATIONS: The Contractor is hereby advised that all applicable Federal and State laws, municipal and County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the goods, Services and/or Work provided under this Contract shall be deemed to be a part of this Contract. INTERPRETATION & INTENT OF CONTRACT DOCUMENTS: The Contract Documents are complementary; what is called for by one Contract document is as binding as if called for by all of the Contract Documents. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor must bring it to the Countys attention in writing before proceeding with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents shall be given preference in the following order: 1) Agreement, 2) Addenda (if applicable to this Invitation to Bid), 3) Specifications, 4) Special Terms and Conditions, 5) General Terms and Conditions, and 6) Instructions to Bidders. Any Work that may reasonably be inferred from the Specifications and/or drawings/maps as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which, when applied, have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. In case of conflict, the more stringent requirements shall take precedence. SEVERABILITY: In the event any section, sentence, clause or provision of this Contract is held to be invalid, illegal or unenforceable by a court having jurisdiction over the
matter, the remainder of this Contract shall not be affected by such determination and shall remain in full force and effect. 6. NOTICES TO CONTRACTOR: Notices to the Contractor shall be served upon the Contractor either personally or by leaving said notice at the Contractors residence, place of business and/or with the Contractors designated agent, or addressed to the Contractor at the residence or place of business given in Contractors Bid and deposited in a postpaid wrapper in any post box regularly maintained by the United States Post Office. NOTICES TO THE COUNTY: See the Special Terms and Conditions section of this Invitation to Bid for notices to the County. STARTING THE WORK: The Contractor will start the Work and/or Project on the date determined by the County in its Purchase Order or Notice to Proceed. PERFORMANCE STANDARDS AND PRODUCT QUALITY: In the event the Specifications omit details concerning performance standards and/or product quality, the Contractor shall use only the best commercial practices and/or materials and workmanship of the highest quality when performing this Contract.
7.
8.
2.
9.
3.
4.
10. NON-EXCLUSIVE CONTRACT: Award of this Contract shall impose no obligation on the County to utilize the Successful Bidder for all Services and/or Work of this type, which may develop during the Contract Period. This is not an exclusive Contract. The County specifically reserves the right to concurrently contract with other companies for similar services and/or work if it deems such action to be in the County's best interest. 11. CONTRACTOR'S RESPONSIBILITIES: The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work and/or Project. If the Contractor observes that the Specifications are at variance with such laws, ordinances, rules or regulations, then the Contractor will give the County prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order, Unilateral Change Order or Modification Agreement to the Contract. If the Contractor performs any Work knowing that such Work is contrary to such laws, ordinances, rules and regulations and without giving such notice to the County, the Contractor will bear all costs arising therefrom; however, it shall not be the Contractors primary responsibility to ensure that the Specifications are in accordance with such laws, ordinances, rules and regulations. 12. EMERGENCIES: In emergencies affecting the safety of persons, the Work/Project or property at the site of such Work/Project or adjacent thereto, the Contractor, without
5.
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special instruction or authorization from the County, is obligated to act at the Contractors discretion to prevent threatened damage, injury or loss. The Contractor shall give the County prompt written notice of any significant changes in the Work/Project or deviations from the Contract Documents caused thereby, and a Change Order, Unilateral Change Order or Modification Agreement shall be issued covering the changes and deviations involved. If the Contractor believes that additional work done by it in an emergency which arose from causes beyond the Contractors control entitles the Contractor to an increase in the Contract Price or an extension of the Contract Time, the Contractor may make a claim for the same. Such increase in Contract Price and/or extension of the Contract Time will be included in the Change Order, Unilateral Change Order or Modification Agreement if such claim is approved by the County. 13. PROJECT MANAGER'S STATUS: 13.1. County's Representatives: The Project Manager shall be the Countys representative during the Contract Period. The duties, responsibilities and the limitations of authority of the Project Manager during the Contract Period are set forth in this section and shall not be extended without the written consent of the Countys Board of County Commissioners or designee. Rejecting Defective Work: The Project Manager will have the authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective and/or does not conform to the requirements of any inspection, test or approval). The Project Manager will also have the authority to require special inspection or testing of the Work.
Order or Modification Agreement. The cumulative total of Unilateral Change Orders shall not exceed $25,000.00. Once the $25,000.00 cap is reached, all other additions, deletions, or revisions shall be valid and enforceable only when authorized by a written Modification Agreement executed by the Contractor and the County, and may be subject to approval by the Board of County Commissioners. Only upon receipt of a Change Order, Unilateral Change Order or Modification Agreement shall the Contractor be authorized to proceed with the Work involved. All such Work shall be executed under the applicable terms and conditions contained in the Contract Documents. 15.2. Additional Work performed by the Contractor without the authorization of a Change Order, Unilateral Change Order or Modification Agreement will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time except in the case of an emergency as provided for herein. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. The County will execute an appropriate Modification Agreement if such Modification Agreement is approved by the Countys Board of County Commissioners. Such Modification Agreement will be prepared by the Project Manager and shall cover changes in the Work to be performed, Work performed in an emergency, and/or any other claim of the Contractor for a change in the Contract Time or the Contract Price. It is the Contractors responsibility to notify its Surety of any changes affecting the general scope of the Work/Services or change of the Contract Price and the amount of the applicable Bond(s) shall be adjusted accordingly. The Project Manager, within fifteen (15) Days of receipt of each invoice will either approve or reject the invoice. If the Project Manager rejects the invoice, then the invoice will be returned to the Contractor and will state, in writing, the reason for rejecting the invoice. In the event the Contractor receives a rejected invoice, the Contractor may make the necessary corrections and resubmit the invoice to the Project Manager. Within thirty (30) Days of approval of an invoice for payment, the County will pay the Contractor the amount approved.
15.3.
13.2.
15.4.
14. ESTIMATED QUANTITIES: Quantities given represent the best estimate for use and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and may vary during the Contract Period. The County does not guarantee a minimum total tonnage. Furthermore, the requirements of the County may exceed best estimates and the Successful Bidder shall provide such requirements to the extent they are reasonable. 15. CHANGES IN THE WORK / UNILATERAL CHANGE ORDERS / MODIFICATIONS: 15.1. Without invalidating the Contract, the County may, at any time or from time to time, through its Director of Business and Support Services Procurement or designee, order additions, deletions or revisions in the Work, the same being authorized by Change Order, Unilateral Change
16. PAYMENT AND COMPLETION: 16.1.
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16.2.
The Project Managers approval of any payment requested in an invoice shall constitute a representation by the Project Manager to the County that the conditions precedent to the Contractor being entitled to payment as set forth herein have been fulfilled. The Project Managers approval of final payment shall constitute an additional representation by him/her to the County that the conditions precedent to the Contractor's being entitled to final payment as set forth herein have been satisfied. The Project Manager may refuse to approve, in whole, or in part, an invoice if, in his/her opinion, he/she is unable to make the representation to the County that all the conditions precedent to the Contractor being entitled to payment have been satisfied. The Project Manager may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous approval of such payment, to such extent as may be necessary in his/her opinion to protect the County from loss because: (a) The Work is defective; (b) Claims have been filed or there is reasonable evidence indicating the probable filing thereof; or (c) The Contract Price has been reduced because of Change Order, Unilateral Change Order or Modification Agreement.
Contractors failure to make timely payment to the subcontractors and/or suppliers. 18. COUNTY AS INTENDED BENEFICIARY OF SUBCONTRACTS: The County shall be an intended substantial beneficiary of the written agreements between the Contractor and its subcontractors. 19. INJURY AND/OR DAMAGE CLAIMS: Should the County or the Contractor suffer injury or damage to its person or property because of any error, omission or act of the other or of any of its employees, agents or others for whose acts it is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 20. INDEMNIFICATION: 20.1. General Liability Indemnification with respect to any Work, Services and/or goods provided pursuant to this Contract, the Contractor shall be liable for the actions of its agents, employees, partners, or subcontractors and shall indemnify, defend, and hold harmless the County, and it officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys fees, arising from or relating to personal injury and/or damage to real or personal tangible property alleged to be caused, in whole or in part, by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the County. Patent and Copyright Indemnification - with respect to any Work, Services and/or goods provided pursuant to this Contract, the Contractor shall indemnify, defend, and hold harmless the County from any suits, actions, damages, and costs of every name and description, including attorneys fees, arising from or relating to violation or infringement of trademark, copyright patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Countys misuse or modification of Contractors products or Countys operation or use of Contractors products in a manner not contemplated by the Contract. If any product is the subject of an infringement suit, or in the Contractors opinion is likely to become the subject of such a suit, the Contractor may, at its sole expense, procure for the County the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure for
16.3.
16.4.
20.2.
16.5.
As established by Florida Statute 218.74(2) payment for the purchase or lease of goods and services shall be made within forty-five (45) Days after the date a proper invoice is presented for payment to the Countys Finance Department, Clerk of the Circuit Court, as Accountant to the Board of County Commissioners and as Chief Disbursement Officer.
17. PAYMENT TO SUBCONTRACTORS: By submission of an invoice, the Contractor certifies that all subcontractors and suppliers have been paid for work and materials from previous progress payments received (less any retainage) by the Contractor prior to receipt of any further progress payments. During the Contract Period and upon completion of the Contract, the County may request documentation to certify payment to subcontractors and/or suppliers. This provision in no way creates any contractual relationship between any subcontractor and the County or any liability on the County for the
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the County the right to continue using the product, the Contractor shall remove the product and refund the County the amounts paid in excess of a reasonable rental for past use. The County shall not be liable for any royalties. 20.3. The Contractors obligations under the preceding two paragraphs with respect to any legal action are contingent upon the County giving the Contractor: (a) (b) written notice of any action or threatened action; the opportunity to take over and settle or defend any such action at Contractors sole expense; and assistance in defending the action at Contractors sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the County in any legal action without the Contractors prior written consent, which shall not be unreasonably withheld.
23. FAILURE TO PERFORM: If, during the Contract Period, the Contractor should refuse or otherwise fail to perform any of its obligations under the Contract, the County reserves the right to obtain the goods, Services and/or Work from another contractor; and/or: (a) Terminate the Contract; and/or (b) Suspend/debar the Contractor from bidding on County procurements/contracts for a period of up to twenty-four (24) months; and/or (c) Pursue any and all other remedies available to the County. 24. CONTRACTOR WORKFORCE: 24.1. MUST HAVE LEGALLY AUTHORIZED
(c)
21. SUSPENSION OF WORK: Upon seven (7) Days written notice to the Contractor, the County may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and/or Project and terminate this Contract. In such case the Contractor shall be paid for all Work executed and/or goods delivered to and accepted by the County. 22. TERMINATION FOR CONTRACTOR BEING ON THE SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE SUDAN LIST AND/OR SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE IRAN PETROLEUM ENERGY LIST: Contractor is advised that section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of One Million Dollars ($1,000,000.00) or more, that are on either the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List. Both lists are created pursuant to section 215.473, Florida Statutes. The County reserves the right to terminate the Contract if the County discovers that the Contractor has submitted a false certification regarding the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List, and/or if, during the Contract Period, the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List.
Contractor is advised that the County has entered into an agreement (the IMAGE Agreement) with U.S. Immigration and Customs Enforcement (ICE) wherein the County will, in part, seek to promote the principles of ethical business conduct, prevent knowingly hiring unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE. Accordingly, by submitting its Bid, Contractor represents and warrants (a) that Contractor is in compliance with all applicable federal, state and local laws, including, but not limited to, the laws related to the requirement of an employer to verify an employees eligibility to work in the United States, (b) that all of Contractors employees are legally eligible to work in the United States, and (c) that the Contractor has actively and affirmatively verified such eligibility utilizing the Federal Governments Employment Eligibility Verification Form (the Form I-9). A mere allegation of Contractors intent to use and/or current use of unauthorized workers may not be a basis to delay the Countys award of a contract to the Contractor unless such an allegation has been determined to be factual by ICE prior to the date the Contract is scheduled to be awarded by the County. Legitimate claims of the Contractors use of unauthorized workers must be reported to both of the following agencies: The Countys Compliance Services hotline at (813) 272-6554; and ICE (Immigration and Customs Enforcement) at 1-866DHS-2-ICE (1-866-347-2423). In the event it is discovered that the Contractors employees are not legally eligible to work in the United States, then the County may, in its sole discretion, demand that the Contractor cure this
24.2.
24.3.
24.4.
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deficiency within a specified time frame, and/or immediately terminate the Contract without any cost or penalty to the County, and/or debar the Contractor from bidding on all County contracts for a period of up to 24 months, and/or take any and all legal action deemed necessary and appropriate. 24.5. Contractor is encouraged (but not required) to incorporate the following IMAGE Best Practices into its business and, when practicable, incorporate verification requirements into its agreements with subcontractors: (a) Use the Department of Homeland Security employment eligibility verification program (E-Verify) to verify the employment eligibility of all new hires. Use the Social Security Number Verification Service and make a good faith effort to correct and verify the names and Social Security numbers of the current workforce. Establish a written hiring and employment eligibility verification policy. Establish an internal compliance and training program related to the hiring and employment verification process, to include, but not limited to, completion of Form I-9, how to detect fraudulent use of documents in the verification process, and how to use EVerify and the Social Security Number Verification Service. Require the Form I-9 and E-Verify process to be conducted only by individuals who have received appropriate training and include a secondary review as part of each employees verification to minimize the potential for a single individual to subvert the process. Arrange for annual Form I-9 audits by an external auditing firm or a trained employee not otherwise involved in the Form I-9 process. Establish a procedure to report to ICE credible information of suspected criminal misconduct in the employment eligibility verification process.
(g)
Establish a program to assess subcontractors compliance with employment eligibility verification requirements. Encourage contractors to incorporate the IMAGE Best Practices contained in this paragraph and, when practicable, incorporate the verification requirements in subcontractor agreements. Establish a protocol for responding to letters received from Federal and State government agencies indicating that there is a discrepancy between the agencys information and the information provided by the employer or employee; for example, no match letters received from the Social Security Administration. Establish a tip line mechanism (inbox, e-mail, etc.) for employees to report activity relating to the employment of unauthorized workers, and a protocol for responding to employee tips. Establish and maintain appropriate policies, practices, and safeguards against use of the verification process for unlawful discrimination, and to ensure that U.S. citizens and authorized workers do not face discrimination with respect to hiring, firing, recruitment or referral for a fee because of citizenship status or national origin. Maintain copies of any documents accepted as proof of identity and/or employment authorization for all new hires.
(h)
(b)
(i)
(c)
(j)
(d)
(k)
(e)
(f)
25. STATEMENT OF ASSURANCE: During the performance of this Contract, the Contractor herein assures the County, that said Contractor is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Human Rights Act of 1977 in that the Contractor does not on the grounds of race, color national origin, religion, sex, age, disability or marital status, discriminate in any form or manner against said Contractors employees or applicants for employment. The Contractor understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Contractor herein assures the County that said Contractor will comply with Title VI of the Civil Rights Act of 1964 when federal
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grant(s) is/are involved. This Statement of Assurance shall include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. 26. HILLSBOROUGH COUNTY EQUAL OPPORTUNITY CLAUSE: APPLICABLE TO ALL CONTRACTS AND SUBCONTRACTS IN THE AMOUNT OF $10,000 OR MORE. 26.1. General: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. Recruitment: The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability or marital status. Unions: The Contractor will send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advertising the labor union or worker's representative of the Contractor's commitments under this assurance, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Compliance Reports: The Contractor will maintain records and information assuring compliance with these requirements and shall submit to the designated County official timely, complete and accurate compliance reports at such times and in such form containing such information as the responsible official or Contractors designee may determine to be necessary to enable Contractor to ascertain whether the Contractor has complied or is complying with these requirements. The Contractor will permit access to its books, records and accounts by the County for purposes of investigation to ascertain compliance with such
rules, regulations and orders. In general, the Contractor and subcontractors should have available racial and ethnic data showing the extent to which members of minority groups are beneficiaries under this Contract. 26.5. Sanctions: In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further County contracts by rule, regulation or order of the Board of County Commissioners of Hillsborough County, or as otherwise provided by law. Subcontractors: The Contractor will include the provisions of paragraphs (24.1) through (24.6) in every subcontract under this contract so that such provisions will be binding upon each subcontractor. The Contractor will take such action with respect to any subcontractor as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Federal Requirements: In the event this Contract is paid in whole or in part from any federal governmental agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause. Applicable Statutes, Orders and Regulations: 26.8.1. Federal: (a) Section I of the Fourteenth Amendment to the United States Constitution. (b) Title VI of the Civil Rights Act of 1964. (c) Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 and 1975. (d) Civil Rights Acts of 1866 and 1870. (e) Standards for a Merit System Personnel Administration, 45 CFR 70. (g) Rehabilitation Act of 1973, P.L. 93-112. (h) Interagency Agreement dated March 23, 1973. (i) Executive Order 11914, Non-discrimination with Respect to the of
26.6.
26.2.
26.7.
26.3.
26.8.
26.4.
(f) Revised Order Number 4, 41 CFR 60-2.10.
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Handicapped Programs.
in
Federally
Assisted
(j) Age Discrimination Act of 1967, P.L. 94135 (k) Civil Rights Act of 1968, P.L. 90-284 (l) Veterans Readjustment Act. (m) Section 14001 of the Consolidated Omnibus Budget Reconciliation Act of 1985, (State and Local Assistance Act of 1972, as amended). (n) Office of Management and Budget Circular 102, Attachment O (o) Age Discrimination in Employment Act, as amended. (p) Civil Rights Restoration Act of 1987. (q) Federal Civil Rights Act of 1991. (r) Americans with Disabilities Act. (s) General Accounting Procedures, 45 CFR, Part 74 and/or Part 92. (t) Clean Air Act, 42 USC 1857(h), section 306. (u) Clean Water Act, 33 USC 1368, section 508. (v) Executive Order 11738. (w) Environmental Protection Regulations, 40 CFR, Part 15. 26.8.2. State: (a) State Constitution, Preamble and Article I, Section 2 protects citizens from discrimination because of race, national origin, or religion, national origin, sex or physical disability. (b) Florida Statutes, Chapter 112.042, requires non-discrimination in employment by counties and municipalities, because of race, color, national origin, sex, handicap, or religious creed. (c) Florida Statutes, prohibits age employment. Chapter 112.043, discrimination in Agency
(e) Florida Statutes, Chapter 448.07, prohibits wage rate discrimination based on sex. (f) Florida Civil Rights Act of 1992, as amended. 26.8.3. Hillsborough County: (a) Hillsborough County Ordinance #0037, (Human Rights Ordinance) prohibits discrimination in housing, employment, public accommodations, and procurement and contracting. Hillsborough County Ordinance #839, (Home rule Charter) Article IX, Section 9.11, provides that no person shall be deprived or any right because of race, sex, age, national origin, religion, physical handicap, or political affiliation.
(b)
27. MAINTENANCE OF RECORDS: The Contractor will keep adequate records and supporting documentation applicable to this Contract. Said records and documentation will be retained by the Contractor for a minimum of six (6) years from the date of termination of this Contract or from the date of final payment under this Contract, whichever is longer (the Record Retention Period). The County and its authorized agents shall have the right to audit, inspect and copy all such records and documentation as often as the County deems necessary during the Contract Period and during the Record Retention Period. The Record Retention Period will be extended until audit findings are issued if an audit is initiated during the Record Retention Period. Such activity shall be conducted only during normal business hours. During the Record Retention Period, the County shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and documentation. 28. CONTRACTOR USE OF HILLSBOROUGH COUNTY FOR MARKETING PROHIBITED: The Contractor shall in no way use any statements, whether written or oral, made by the Countys employees to market, sell, promote or highlight the Contractor and/or the Contractors product(s) and/or service(s) unless authorized to do so, in writing, by the County Administrator or his/her designee. In addition, the Contractor shall not use subjective or perceived interpretations, even if factual, regarding the County's opinion of the Contractors performance, product(s) and/or service(s) in any document, article, publication or press release designed to market, promote or highlight the Contractor and/or the Contractors product(s) and/or
(d) Florida Statutes Chapter 413.08, prohibits discrimination against the handicapped in employment.
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service(s). This does not prevent the Contractor from including the County on its client lists and/or listing or using the County as a reference. 29. HAND SANITIZER ORDINANCE (05-8): (This provision shall be applicable only if the Services and/or Work to be performed under this Contract will involve and/or require the use of portable restrooms.) Pursuant to Hillsborough County Ordinance 05-8, as amended, every portable restroom in service in Hillsborough County which does not have a hand washing facility located within the portable restroom must have an operable hand sanitizer dispenser containing sanitation liquid affixed to the inside of the portable restroom or immediately adjacent to the portable restroom. The Contractor is solely responsible for ensuring that any and all portable restrooms owned or leased by the Contractor are in compliance with the ordinance.
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SPECIAL TERMS AND CONDITIONS 1. BID COPIES: Bidders are requested to submit an original and two (2) copies of its Bid. Also, any manufacturer's specification sheets, brochures, or other printed supporting documents should be submitted in duplicate. Bids should be printed double-sided on recycled content paper with at least 35% post-consumer recycled content. BID OPENING: Pursuant to F.S. 119.071(2), Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Hillsborough County shall follow the preceding statutory provision when the Bids are opened. CONTRACT: By submitting a Bid, the Bidder declares that it understands and agrees that Bidders Bid in addition to the Specifications, the Instructions to Bidders, the General Terms and Conditions, the Special Terms and Conditions, any Addenda issued and all applicable attachments to this invitation to Bid shall become a valid contract between the County and the Successful Bidder upon award of Bid. HILLSBOROUGH COUNTY GOVERNMENTAL PURCHASING COUNCIL: REFERENCE LAWS OF FLORIDA 69-1112 AND 69-1119: All Bids received by the County in response to this Invitation to Bid shall be considered as bids to members of the Hillsborough County Governmental Purchasing Council. Members, at their discretion, may utilize the Contract that results from this Invitation to Bid. Members may purchase the goods, Services and/or Work under the same terms and conditions as the Contract between the Successful Bidder and the County. Members will issue their own purchase orders, issue payments and coordinate the service locations with the Successful Bidder, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies: Childrens Board of Hillsborough County City of Tampa City of Temple Terrace Expressway Authority Hillsborough County Aviation Authority Hillsborough Community College Hillsborough County Sheriff State Attorneys Office Tampa Palms Community Development District Tampa Sports Authority 5. City of Plant City City of Tampa Housing Authority Clerk of the Circuit Court Hillsborough Area Regional Transit Authority Hillsborough County Board of County Commissioners Hillsborough County School Board Property Appraiser Supervisor of Elections Tampa Port Authority Tax Collector
2.
3.
4.
OPTIONAL PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Bidder in its Bid, the Bidder agrees to make available to all government agencies, departments, and municipalities the Bid prices submitted in accordance with the terms and conditions of this Invitation to Bid, should any governmental entity desire to buy under the Contract resulting from this Invitation to Bid. CONTRACT PERIOD FOR TERM CONTRACT: The Contract resulting from this Invitation to Bid will be in effect for a seven (7)-year period beginning October 1, 2013 at 12:01 a.m. and ending on September 30, 2020 at 11:59 p.m. RENEWAL OPTION: At the sole option of the County, through the Board of County Commissioners or designee, this Contract may be renewed for one (1) additional three (3)-year period at the same prices, terms and conditions. The County alone will determine whether or not this renewal option will be exercised based on its convenience and its best interest.
6.
7.
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8.
TERMINATION FOR CONVENIENCE: The County reserves the right to terminate this Contract, in whole or in part, for the convenience of the County. Notification of termination shall be provided to the Contractor in writing by certified mail. The County shall pay the Contractor for any accepted goods, Services and/or Work provided by the Contractor to the County prior to Contractors receipt of said termination notice. UNILATERAL EXTENSION PERIODS: The County, through its Director of Business & Support Services or designee, reserves the right to unilaterally extend the Contract Period or the renewal period of this Contract for up to three (3) additional one (1) month periods or any portion thereof, at the same terms and conditions. Notice of the County's intent to extend the Contract Period and/or the renewal period shall be provided by the County in writing to the Successful Bidder prior to the expiration of the Contract, or the renewal period.
9.
10. INSURANCE REQUIREMENTS: Before starting performance under this Contract and until acceptance of the goods, Services and/or Work by the County, the Successful Bidder shall procure and maintain insurance of the types and to limits specified in this Invitation to Bid. 11. PERFORMANCE BONDS: When required by the Special Terms and Conditions and/or the Specifications, the Successful Bidder will execute a Performance Bond or furnish acceptable alternative forms of security as stipulated in the Special Terms and Conditions and/or Specifications as security for the faithful performance of all its obligations under the Contract. Each such Bond (or acceptable alternative) shall be in an amount at least equal to the Contract Price and in such form and with such surety as is acceptable to the County. If the Contract is increased by Modification Agreement(s), the Performance Bond (or acceptable alternative) must be amended accordingly. 11.1. 11.2. Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power of attorney. A Performance Bond issued in an amount of $250,000 by a surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida shall be required from the Successful Bidder to ensure the faithful performance of the obligations imposed by the Contract. The Performance Bond form will be included in the Contract Documents and must be properly executed by the surety company and the Successful Bidder and submitted to the County within ten (10) Days after notification by the County of award of the Contract. In lieu of the Performance Bond, the Successful Bidder may file with the County an alternative form of security which shall be in the form of money order, certified check, cashier's check, irrevocable letter of credit, or alternative securities of the type listed in Part II of Chapter 625, Florida Statutes. Such alternative forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the Performance Bonds. The determination of the value of such alternative forms of security shall be made by the County. If within ten (10) Days after notification by the County of the Countys award of the Contract, the Successful Bidder refuses or otherwise neglects to execute the Agreement (if attached) and/or fails to furnish a Performance Bond (if required) or acceptable alternative forms of security as stipulated herein, the amount of the Successful Bidder's Bid security (check, Bid Bond or other) shall be forfeited and the same shall be retained by the County. No plea of mistake in the Bid or misunderstanding of the conditions of forfeiture shall be available to the Successful Bidder for the recovery of its Bid security or as a defense to any action based upon the neglect or refusal to execute the Agreement and/or written contract
11.3.
12. MINIMUM QUALIFICATIONS: Contract award will be made only to responsive, responsible Bidder(s), in a financial position and with the qualifications and experience to perform the Services specified herein. Bidder shall demonstrate proven ability to perform the Services described herein: a) The Bidder shall have been successfully providing processing and marketing of Single-Stream Recyclables similar to the Hillsborough Countys Program Recyclables for at least three (3) years.
b) The Bidder shall have at least four (4) references that can verify that the Bidder has completed or is currently working on substantially similar projects with a minimum twelve (12) months continuous
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Processing services within the last five (5) years. The "Schedule of Bidder's Qualifications" appended to the Bid form should be used by the Bidder to provide such information, as well as, including necessary documentation. If the Bidder uses its own form, the information provided must be in substantially the same format as the Schedule of Bidders Qualifications. c) Bidder shall have a current/non-expired Florida Recovered Materials Dealer Certification. d) Bidder shall have an existing Single-Stream Recovered Materials Processing Facility (RMPF) and equipment in the State of Florida. e) Bidder shall have an existing facility capable of receiving County Program Recyclables (whether it be a Processing facility or a transfer station) located within Hillsborough County and within ten (10) aerial miles of the Resource Recovery Facility located at 350 N. Falkenburg Road, Tampa, FL 33619. Bidder shall have processed at least three hundred thousand (300,000) Tons of Recyclables annually in the United States. Bidder shall have the financial ability to provide service for the term of the contract.
f) g)
h) Claims against you or any member of the senior management team relating to solid waste collection involving more than $100,000 during the past five (5) years. 13. FINANCIAL GUARANTEE: Financial responsibility of a proposing downstream or subsidiary company must be guaranteed in writing by the parent company by endorsement of the Agreement as follows: In the event that (the Bidder) is unable to pay any claim payable within the time and in accordance with the terms and provisions set forth in the above-referenced agreement, the (Parent Company) hereby agrees to make such payment therefore in accordance with the terms and provisions of such agreement.
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SPECIFICATIONS
The Specifications contained in this section are intended to describe the goods, Services and/or Work to be provided by the Successful Bidder/Contractor. DEFINITIONS FOR SPECIFICATIONS: The following words and expressions (or pronouns) shall, wherever they appear in this Invitation to Bid and the Contract Documents, be construed as follows unless a different meaning is clear from the context: Average Market Value (AMV) shall mean a market index used to determine the revenue paid by the Contractor to the County for Single-Stream Recyclables delivered to the Designated Facility based on monthly fluctuations in the commodity market. Section 16 (Bid Pricing) explains how the AMV is calculated and provides an example. Department Director shall mean the Director of Hillsborough Countys Public Utilities Department. Designated Facility shall mean the facility at which the Program Recyclables will be accepted by the Contractor. Franchise Collector shall mean any person awarded a franchise by the Board of County Commissioners for the right to collect solid waste within the Hillsborough County Service Area. Hazardous Waste shall mean solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under F.S. Chapter 407. Holidays shall mean New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Processing shall mean the manual or mechanical separation of Recyclable Materials to conform to the specifications for each marketable Recovered Material. Program Recyclables shall mean the Recyclables collected as part of the Residential Collection Service under the Countys Solid Waste Collection Franchise Agreement and any amendments thereto. For the purposes of this contract, Program Recyclables will also include the Recyclables at the Countys community collection centers. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. Recovered Materials as described in this definition are not Solid Waste. Recovered Materials Processing Facility or RMPF shall mean a facility devoted solely to the storage, processing, resale, or reuse of Recyclables. Recyclable Materials or Recyclables shall mean those materials that are capable of being recycled and that would otherwise be processed or disposed of as Solid Waste. Rejects shall mean materials, other than Residue, that cannot be processed into Recovered Materials. Residue shall mean that portion of the Recyclable Materials stream accepted by the Contractor that is not converted to Recovered Materials due to breakage and/or transportation or Processing inefficiencies.
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Service Area shall mean the County Solid Waste Management System Service Area which is the unincorporated areas of the County existing as of June 10, 1983. Single-Stream shall mean a recycling process that allows for Recyclable Materials to be collected commingled with no sorting required by residents, businesses or haulers. Solid Waste shall mean garbage, refuse, and other discarded solid materials, including Solid Waste materials resulting from industrial, commercial, or agricultural operations, governmental operations, and from community activities. but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, other common water pollutants, or any byproducts, the sale or reuse of which is intended by the person from whose process they resulted. Ton shall mean a unit of weight equal to 2,000 pounds. 1. INTRODUCTION: The Hillsborough County Public Utilities Department requires the Processing and marketing of Single-Stream Program Recyclables. The sources of Program Recyclables are residential curbside Recyclables collected in unincorporated Hillsborough County and four (4) community collection centers. The Services to be performed under this Contract will consist of acceptance, Processing, and marketing of Program Recyclables for the County in accordance with the provisions of this document. The County currently has three (3) Franchise Collectors that collect residential curbside recycling and make their own provisions for materials Processing and marketing. The County is conducting a competitive procurement for Collection Services. In the new Franchise Agreement, anticipated to go into effect October 1, 2013, the County will retain ownership and responsibility for all Program Recyclables. The County is seeking one (1) or more vendors to accept, process, and market these Program Recyclables, and to provide a revenue share to the County for Program Recyclables. The Contractor will be responsible for the complete delivery of the required Services. This Invitation to Bid specifically excludes the collection of Program Recyclables. The County will not accept alternative proposals that are outside the scope of this Invitation to Bid. 2. BACKGROUND: The Countys Franchise Collectors provide garbage, Recyclables, and yard waste collection to over two hundred fifty thousand (250,000) households within the County limits. Recyclables are currently collected curbside in a dual stream process using two 18-gallon bins a green bin for commingled containers and a blue bin for fiber (paper) products. The Recyclables collected include: Green bin: Aluminum and steel food and beverage cans Plastic bottles and jugs (#1-2 only) Glass bottles and jars Newspaper and newspaper inserts Magazines, catalogs, and telephone books Junk mail and envelopes Office paper Corrugated cardboard Paperboard Paper bags
Blue bin:
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In FY2011 (October 1, 2010 September 30, 2011), 31,609.45 Tons of Recyclables were collected from County residents. The breakdown by month is as follows: Month October 2010 November 2010 December 2010 January 2011 February 2011 March 2011 April 2011 May 2011 June 2011 July 2011 August 2011 September 2011 Total 2.1. Program Recyclables Under the new collection franchise agreement, the County will require Single-Stream Program Recyclables collected from residents by its Franchise Collectors to be delivered to the Contractors Designated Facility; however, the County makes no guarantees regarding the quantity of Program Recyclables that will be delivered. Program Recyclables to be processed by the Contractor will include the following: All paper (anything that can be torn) Aluminum cans and foil Steel/bimetal cans All plastics, including plastic film bagged and tied off Glass bottles and jars Aseptic containers and gable-top cartons Tons 2,529.91 3,676.25 2,917.10 2,863.08 2,430.42 2,384.73 2,184.49 2,558.72 2,719.71 2,080.93 2,807.59 2,456.52 31,609.45
Bidder shall list any additional Recyclable Materials they are willing to accept on the Price Forms (section 15.1.c.). 2.2. Designated Facility Location The Designated Facility (the facility to which the County is to deliver Program Recyclables, whether it be a Processing facility or a transfer station) shall be located within Hillsborough County and within ten (10) aerial miles of the Resource Recovery Facility located at 350 N. Falkenburg Road, Tampa, FL 33619. 3. SCOPE OF WORK/TECHNICAL SPECIFICATIONS: 3.1. Countys Responsibilities 3.1.1. Delivery of Program Recyclables The County does not guarantee the specific tonnage of Recyclable Materials that will be delivered.
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3.1.2.
Project Manager It is recognized that questions in the day-to-day conduct of performance pursuant to this Contract will arise. The County shall designate and shall advise Contractor in writing of the Countys designated Project Manager to whom all communications pertaining to the day-to-day conduct of this Contract shall be addressed
3.2. Contractors Responsibilities 3.2.1. Compliance with Contract Documents Contractor shall comply with all terms, conditions and requirements of the Contract Documents and shall provide all Services as specified in the Contract Documents. 3.2.2. Contractors Representative Contractor shall designate or appoint in writing to the County, one or more representatives of Contractor who are authorized to act on behalf of Contractor at all times during the normal work week regarding all matters involving the conduct of Services performed pursuant to this Contract. Contractor shall keep the Project Manager continually advised of any changes to its designated representatives. 3.2.3. Scheduled Receiving Hours The Designated Facility shall be open and available to receive Program Recyclables between 7:30 a.m. and 5:30 p.m., Eastern Time, Monday through Saturday except for Holidays. Contractor shall be available to open the facility for extended hours, Saturdays or on Holidays on an asneeded basis, at no additional cost to the County at the request of the Project Manager. 3.2.4. Scales The Contractor shall have and maintain certified scales at the Designated Facility that are tested at least annually by a scale company registered with the Florida Department of Agricultural and Consumer Services. A copy of all annual scales test reports must be provided to the Project Manager. Prior to entering into a Contract, Contractor must provide a copy of the most recent certified scales test report to the Project Manager. The Contractor shall give the County the right to make unannounced visits to the Contractors scale house to observe weighing activities. 3.2.5. Material Acceptance 3.2.5.1. Contractor shall accept deliveries of Program Recyclables at the Designated Facility delivered from a variety of different trucks including, but not limited to, packer trucks, roll-off trucks, tractor-trailer transfer vehicles, rear-discharging tilt-bed and sidedischarging tilt-bed collection vehicles, and self-haul vehicles. 3.2.5.2. Contractor shall ensure that all inbound Program Recyclables are weighed and a weight ticket presented to the delivery vehicle driver. 3.2.5.3. Contractor shall ensure a turn-around time of no more than fifteen (15) minutes for collection vehicles. 3.2.5.4. Contractor shall identify and maintain adequate records of all Program Recyclables delivered to the Designated Facility. 3.2.5.5. Modifications may be made to the types of Program Recyclables accepted by the Contractor upon mutual agreement by the County and Contractor. 3.2.5.6. Contractor shall have a backup plan in place in the instance that the Designated Facility is unable to accept Program Recyclables for any reason. The backup plan must be submitted within thirty (30) days of Contract execution and be deemed acceptable by the County. The backup plan must provide for comparable service (including scales,
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delivery receipts, and reporting records), and delivery of material within the same designated receiving hours and location limits. 3.2.6. Material Rejection 3.2.6.1. Contractor shall have the right to reject loads of Program Recyclables that contain more than twenty percent (20%) Rejects by volume or that contain any amount of Hazardous Waste. Contractor shall immediately notify the Franchise Collector and Project Manager or designee if a load is rejected and shall keep the entire load segregated from other materials for inspection. 3.2.6.2. If the Franchise Collector concurs with the Contractor that the load in question contains more than twenty percent (20%) Rejects by volume, the Franchise Collector will be responsible for disposal of rejected materials at its cost. 3.2.6.3. If the Franchise Collector disputes the Contractors claim that the load contains more than twenty percent (20%) Rejects by volume, the Project Manager or designee will determine whether the load contains more than twenty percent (20%) Rejects by volume based on a visual inspection. Should the Project Manager or designee concur with the Contractor, the Franchise Collector will be responsible for disposal of rejected materials at its cost. Should the Project Manager or designee determine that such load does not contain more than twenty percent (20%) Rejects by volume, the materials will be processed by the Contractor. The Project Manager or designee shall provide the final determination as to whether or not the load contains more than twenty percent (20%) Rejects by volume. 3.2.6.4. If any Hazardous Waste is detected in any Program Recyclables delivered to the Designated Facility, in addition to immediately notifying the Franchise Collector and Project Manager, the Contractor shall note the incident by taking a photograph of the Hazardous Waste load and the truck, including the truck number that delivered the Hazardous Waste. Unless otherwise advised by the Project Manager, the Contractor shall properly isolate and containerize all Hazardous Waste detected in any Program Recyclables in accordance with all applicable law. After the Contractor has isolated and contained all such Hazardous Waste, the Franchise Collector shall, at its sole cost and expense, dispose of the Hazardous Waste in accordance with all applicable law. 3.2.7. Processing and Marketing Contractor is responsible for and shall bear all costs associated with Processing Program Recyclables and transporting and marketing Recovered Materials produced as a result of this Contract. 3.2.8. Disposition of Program Recyclables and Recovered Materials The Contractor shall not dispose of or landfill any Program Recyclables or Recovered Materials processed pursuant to this Contract. The Contractor shall not sell such Program Recyclables or Recovered Materials to another agent that landfills or disposes of material other than through recycling. This prohibition does not apply to Rejects and Residue. 3.2.9. Compliance with Applicable Law Contractor shall comply at all times with all applicable law and regulations concerning the acceptance, transfer, and Processing of Recyclable Materials, and the temporary storage and marketing of Recovered Materials including all regulations contained in the Hillsborough County Code.
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3.2.10. Right to Inspect The County shall have the right, during the Contractor's hours of operation, to inspect both the operating and maintenance practices and records of the Contractor at the Designated Facility, if the Designated Facility is not a RMPF, at the RMPF at which Program Recyclables are processed. Operating practices shall include, but not be limited to, the receipt, separation, Processing, loading, storage and transportation of Recyclables and Recovered Materials. The Contractor shall reasonably accommodate the Countys inspection rights described herein. 3.2.11. Outreach Programs Contractor shall partner with the County in the development and implementation of outreach programs that are intended to increase the participation of Hillsborough County residents in the Countys residential curbside recycling program. In addition, the Contractor shall cooperate with the County in scheduling tours at the Designated Facility, if the Designated Facility is the RMPF, or offer live video linkage of the RMPF if the Designated Facility is not the RMPF. 3.3. Payments To The County 3.3.1. Program Recyclables Revenue Contractor shall pay the County monthly, in accordance with section 3.3.4 below, for each Ton of inbound Program Recyclables delivered to the Designated Facility, as determined by the Designated Facility scales. The payment per Ton shall be calculated as follows: Each month, the Contractor shall calculate the Average Market Value (AMV) of the Program Recyclables, defined as the sum of the Southeast USA regional average commodity prices (U.S. Dollars per Ton) first posted in the month for which payment is being made in SecondaryMaterialsPricing.com and SecondaryFiberPricing.com multiplied by the composition percentages as defined in Exhibit 1. If at any time during the term of this Contract SecondaryMaterialsPricing.com or SecondaryFiberPricing.com no longer post or otherwise provide the applicable market indices, then the parties shall mutually select an appropriate replacement source for the required information from among the sources Recycling industry professionals utilize to obtain reliable Recovered Material pricing information. b) A Contractors fee of fifty dollars ($50.00) per Ton shall be deducted from the AMV. This fee shall remain fixed for the full term of the Contract. c) Contractor shall pay the County a percentage, as provided in the Contractors Price Form, of the remaining amount, for each Ton of inbound Program Recyclables delivered to the Designated Facility during that month. d) If the AMV is less than the Contractors fee of fifty dollars ($50.00), the Contractor shall make no payment to the County and the County shall make no payment to the Contractor. At no time shall the County make payment to the Contractor for accepting, Processing, or marketing Program Recyclables, regardless of the AMV. 3.3.2. Composition of Program Recyclables Within the first six (6) months following the commencement date, the County shall commission a third party to conduct a Program Recyclables composition study to obtain a more accurate and current measurement of the composition of all inbound Program Recyclables utilized to calculate the AMV. The County will pay for said study. The study results will be used to adjust the composition percentages provided Exhibit 1, and shall become effective for the following month and the remainder of the Contract, or until further adjusted in a future composition study. If, in the future, the County or Contractor wishes to have another composition study performed, the party requesting such study shall pay for the study unless otherwise agreed upon. The final methodology and selection of a qualified entity to conduct the study must be approved by the Department Director. The County reserves the right to have a representative onsite throughout
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a)
the recycling composition study. Study results are subject to final approval by the Department Director and shall not be unreasonably withheld. If approved by the Department Director, adjustments to the composition percentages provided in Exhibit 1, shall become effective for the following month and the remainder of the Contract, or until further adjusted in a future composition study. 3.3.3. Use of Market Index for Revenue Calculation Contractor acknowledges and accepts that the formula outlined in section 3.3.1 shall be used for calculating revenue throughout the term of the Contract. It is intended to reflect the current value of the Program Recyclables, but might not be an exact calculation of that value. If the commodity revenue received by the Contractor differs from the market index or the Contractors fee does not accurately reflect the Contractors cost for accepting, Processing, and marketing Program Recyclables, the Contractor shall have taken such items into consideration when bidding the percentage of the AMV less the Contractors fee that it will pay to the County. Any and all costs associated with accepting, Processing, marketing, and transporting Program Recyclables shall be the responsibility of the Contractor. 3.3.4. Invoicing and Payment No later than the tenth (10th) business day of each month, the Contractor shall submit an electronic monthly report, in a form acceptable to the County, detailing the total revenue due to the County for Program Recyclables delivered to the Designated Facility during the previous month. Payment of said revenue, detailed in the monthly report, shall be submitted to the County within thirty (30) Days from the end of the month for which the payment is outstanding. 3.4. Records and Reports 3.4.1. Recordkeeping Contractor shall maintain records such that Program Recyclables received at the Designated Facility, including delivery date, Franchise Collector, truck number, weight and source, are tracked separately from each other and from other Recyclables. 3.4.2. Reports 3.4.2.1. Contractor shall provide the Project Manager with electronic monthly reports, submitted no later than the tenth (10th) business day of each month in a format reviewed and approved by the Project Manager. Such reports shall include the inbound Tons of Program Recyclables by Franchise Collector, delivery dates and truck number, as well as the calculated AMV and revenue due to the County. 3.4.2.2. Contractor shall provide the Project Manager with an electronic annual report, submitted within thirty (30) Days following the end of the Countys fiscal year, which runs from October 1 through September 30, in a format reviewed and approved by the Project Manager. Such report shall include inbound Tons of Program Recyclables delivered monthly by each Franchise Collector with annual total, the monthly AMV, and total revenue paid to the County each month with annual total. 3.4.3. Recovered Materials Dealer Certification Form Contractor shall provide a copy of its current Recovered Materials Dealer Certification Form from the State of Florida Department of Environmental Protection to certify that it is qualified, approved and licensed to accept and process Recyclables and market Recovered Materials. Contractor shall maintain this certification and annually provide the Project Manager with a copy throughout the term of this Contract.
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3.4.4.
Department of Environmental Protection (DEP) Recovered Materials Report The Contractor shall provide the Project Manager with a copy of each quarterly Reporting Form for Recovered Materials that is submitted to the Florida DEP.
3.4.5.
Additional Notifications Contractor is required to provide the following notifications to the Project Manager: a. Notification of a receipt of a Notice of Violation (NOV) for any violations of applicable law that have occurred at the Designated Facility, submitted to the County within ten (10) Days of receipt of such NOV, accompanied by a copy of the NOV and the corrective action taken or to be taken. Notification of filing for bankruptcy, submitted to the County within ten (10) Days of filing for such bankruptcy.
b.
3.5. Liquidated Damages 3.5.1. Basis for Liquidated Damages The County and Contractor acknowledge and agree that it is impossible to precisely determine the amount of damages that would be incurred by the County due to those failures or circumstances described in this section and for which the Contractor would otherwise be liable. Accordingly, the County has determined terms and amounts of the liquidated damages set forth herein, and the parties agree that the liquidated damages are reasonable under the circumstances. Therefore, the following shall constitute liquidated damages, not penalties, for the Contractors breach of this Contract. 3.5.2. Dispute Resolution Process 3.5.2.1. The County will provide written notice of any assessment and the Contractor will then have five (5) Days to submit a written response detailing the basis for disputing the assessment. Failure to respond in writing constitutes acceptance of the assessment. 3.5.2.2. The Project Manager will then meet with the Contractor within five (5) Days of the Countys receipt of the written response and attempt to resolve the dispute. 3.5.2.3. In the event no resolution is reached, at the written request of the Contractor, the Department Director shall attempt to resolve the dispute with the Contractor. 3.5.2.4. If the dispute is not resolved within seven (7) Days following the date such request is received by the Department Director, the Contractor, and the County may submit the dispute for mediation to a mutually agreeable mediator. Responsibility for the costs of mediation shall be divided equally, unless otherwise mutually agreed, among the Contractor and the County. 3.5.2.5. If the parties are not able to resolve the dispute through mediation, then either party, provided it first gives notice to the other party within seven (7) Days following the conclusion of the mediators involvement, may take whatever further action(s) may be available at law, in equity, or under the Contract. 3.5.3. Liquidated Damages During Term of Contract During the term of the Contract, the Project Manager may assess liquidated damages as follows:
This Space Intentionally Left Blank
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Performance Standard Violation Failing to provide vehicle turnaround time at the Designated Facility of fifteen (15) minutes or less. (Section 3.2.5.3.) Failing to accept Program Recyclables during scheduled receiving hours. (Section 3.2.3.) Disposing of Program Recyclables or Recovered Materials, with the exception of Rejects and Residue, without prior County approval. (Section 3.2.8.) Failure to submit timely reports and/or payments to the County as required by the Contract. (Sections 3.3. and 3.4.) 4. TRANSITION REQUIREMENTS:
Liquidated Damages $100 per occurrence $500 per occurrence $1,000 per occurrence $100 per Day
During any transition period occurring at the end of this Contract, the Contractor shall cooperate with the County and the incoming vendor with whom the County will be contracting upon the termination of this Contract. 5. NOTICES TO THE COUNTY: All notices to the County must be sent by the Successful Bidder to the following person(s): Title: Director, Public Utilities Department Mailing Address: 925 E. Twiggs Street, Tampa FL 33602 Phone Number: (813) 272-5977 Facsimile Number: (813) 272-5589 6. COUNTY NOTIFICATIONS TO SUCCESSFUL BIDDER: Unless otherwise set forth in this Invitation to Bid, the Countys preferred method of sending notices to the Successful Bidder will be via electronic mail (e-mail). However, the County reserves the right to use other means of notification to the Successful Bidder, which may include, but is not limited to, notices sent via facsimile, U.S. Mail, express mail or personal courier. 7. EXHIBIT: Exhibit 1: Sample Average Market Value (AMV) and Revenue Calculation for Single-Stream Recyclables
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EXHIBIT 1: Sample Average Market Value (AMV) and Revenue Calculation for Single-Stream Recyclables The AMV is intended to be used as a market index and does not necessarily reflect the commodity revenue received by the Contractor; therefore, the Bidder should determine the Bid Price accordingly. Any and all costs associated with processing, marketing, and transporting recyclable materials are the responsibility of the Contractor.
Market Index July 2012* 82.5 87.5 127.5 69.5 115 18.0 28.5 20.5 2.925 0 N/A Average Market Value ($/Ton) $18.15 $17.50 $12.75 $33.36 $4.26 $20.52 $12.54 $13.12 $3.10 $0.00 $0.00 $135.30
Material Mixed paper Newspaper Corrugated containers Aluminum cans Steel cans PET Natural HDPE Colored HDPE Plastics #3-#7** Glass (3 Mix) Contamination
Index Description* PS 1 baled, F.O.B. sellers dock PS 8 baled, F.O.B. sellers dock PS 11 baled, F.O.B. sellers dock Cents/lb., sorted, baled and delivered $/Ton, sorted, baled and delivered Cents/lb., baled and picked up Cents/lb., baled and picked up Cents/lb., baled and picked up #1-7, Cents/lb., baled and picked up, adjusted** $/Ton, delivered N/A
Market Value ($/Ton)* $82.50 $87.50 $127.50 $1,390.00 $115.00 $360.00 $570.00 $410.00 $58.50 $0.00 N/A
Material % 22.0% 20.0% 10.0% 2.4% 3.7% 5.7% 2.2% 3.2% 5.3% 22.5% 3.0% 100.0%
* Market indexes to be used are SecondaryFiberPricing.com and SecondaryMaterialsPricing.com. Prices to be used are the first published Regional Average prices for the Southeast USA in the month for which payment is being made. For the purposes of this example, the first published prices in July 2012 are utilized. The index descriptions are solely for the purpose of identifying which material index is being used to calculate the AMV and is in no way intended to reflect how the Contractor packages, transports or markets the material. ** The
index used for plastics #3-#7 is 45% of index for Plastics Comingled (#1-7), Baled, Cents/lb., picked up. This is based on comparative information provided by staff at Secondary Materials Pricing.
Sample revenue calculation: Contractors fee per Ton (as specified in Contract) = Percentage Revenue Share (as bid by Contractor) = Revenue per Ton of In-bound Program Recyclables = $50.00 75% (assumption for example) $63.98 = ($135.30 - $50.00) * 75%
Page 34 of 62
BID FORMS
1. 2. 3. 4.
Name of Bidder: Federal Tax ID Number: Contact Person: Business Address(es): Tampa (or closest to Tampa):
Principal Address, if different:
5. 6. 7. 8. 9. 10. 11.
Telephone Number: ( Cell Phone Number: ( Fax Number: ( E-mail Address: Web Site URL: )
) )
Business has been in operation under its present name since:

DEVIATION(S): Any representation of deviation(s) below may cause this Bid to be rejected by Hillsborough County. The following represents every deviation (itemized by number) to the foregoing Invitation to Bid upon which this Bid is based:
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12.
In the event an Agreement is executed upon the award of this Invitation to Bid to the Bidder, the County will provide Successful Bidder with a copy of the executed Agreement, if applicable. The County prefers to provide the document via electronic mail (e-mail). However, if Bidder wishes to receive an original hard copy of the executed Agreement, it can be mailed. Check only ONE of the delivery methods below.
Send electronic version (to e-mail address indicated above) OR Send hard copy via U.S. mail
13. Pursuant to the SPECIAL TERMS AND CONDITIONS that allows the Contract to be available to all government agencies, departments, and municipalities, does the Bidder agree to make the contract and bid prices submitted available all government agencies, departments, and municipalities?
YES, I agree to make the contract available to all governmental agencies. NO, I do not agree to make the contract available to all governmental agencies.
The Bidder's choice to make the contract available (or not) will NOT be considered in the award of the Bid.
BID FORM(S) CHECKLIST

Bid Bond Completed Bid Pricing Completed Schedule of Bidders Qualifications Completed Hillsborough County Substitute IRS W-9 Form Completed Equal Opportunity/ Affirmation Action Questionnaire Current Hillsborough County Business Tax License, if required License, if applicable Signed and notarized Bid Manufacturers Specification Sheets/Brochures, if applicable Other:
Page 36 of 62
14.
Bid Pricing
Bidder must enter percentage amount below that it will pay the County for Program Recyclables:
(AMV
$50.00) Contractors fee
________%
$TBD
AMV of one Ton of Program Recyclables

Written Out
Share to be paid to the County
per Ton of inbound Program Recyclables to be paid by Contractor to the County

percent
Example revenue calculation using July 2012 AMV and assumed percentage bid of 75%:
($135.30
$50.00)
75%
= $63.98
per Ton of inbound Program Recyclables to be paid by Contractor to the County
15.
Additional Information
a) Name and physical address of Designated Facility at which Bidder would receive Program Recyclables. Facility Name: Address: City: State: Zip:
b) Name and physical address of the RMPF at which Bidder intends to process Program Recyclables. RMPF Name: Address: City: c) State: Zip:
Please list any additional Recyclable Materials the Bidder is willing to accept for processing as part of the Single-Stream Program Recyclables.
Page 37 of 62
16. 16.a.
Schedule of Bidders Qualifications (complete all lines and provide appropriate documentation, where requested)
The Bidder shall have been successfully engaged in providing Processing and marketing of Single-Stream Recyclables similar to the Program Recyclables in Hillsborough County for at least three (3) years. Please provide facility name(s), location(s), years of operation(s), and annual throughput(s) to document that you meet this requirement. 1) Name of Facility: Physical Address: Years in Operation: Annual Throughput (Tons): Single-Stream: 2) Name of Facility: Physical Address: Years in Operation: Annual Throughput (Tons): Single-Stream: Yes
No
If needed, additional facilities can be listed on a separate sheet of paper. 16.b. The Bidder shall have at least four (4) references that can verify that the Bidder has completed or is currently working on substantially similar projects with a minimum twelve (12) months continuous Processing services within the last five (5) years.
Yes
No
16.b.1. Reference: Contracted With: Contact Person: Address:
Telephone Number: (_____)______________________ Fax Number: (_____) E-mail address: Service Provided: Average Annual Inbound Tonnage: Service Provided From: ___________________________ to The Bidder was the (check one) Prime Contractor _____ or Subcontractor _____ on this project.
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Telephone Number: (_____)______________________ Fax Number: (_____) E-mail address: Service Provided: Average Annual Inbound Tonnage: Service Provided From: ___________________________ to The Bidder was the (check one) Prime Contractor _____ or Subcontractor _____ on this project. 16.b.3. Reference: Contracted With: Contact Person: Address:
Telephone Number: (_____)______________________ Fax Number: (_____) E-mail address: Service Provided: Average Annual Inbound Tonnage: Service Provided From: ___________________________ to The Bidder was the (check one) Prime Contractor _____ or Subcontractor _____ on this project.
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Telephone Number: (_____)______________________ Fax Number: (_____) E-mail address: Service Provided: Average Annual Inbound Tonnage: Service Provided From: ___________________________ to The Bidder was the (check one) Prime Contractor _____ or Subcontractor _____ on this project. 16.c. The Bidder has provided proof of current/non-expired Florida Recovered Materials Dealer Certification.
16.d.
Yes
No
No
The Bidder has provided documentation of existing Single-Stream RMPF in the State of Florida. Yes
16.e.
The Bidder has provided documentation that existing facility is capable of receiving the Countys SingleStream Program Recyclables and is located within Hillsborough County and within ten (10) aerial miles of the Resource Recovery Facility.
16.f.
Yes
No
No
The Bidder has provided documentation demonstrating that at least three hundred thousand (300,000) Tons of Recyclables are process annually in the United States? Yes
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16.g.
Has the Bidder had any of the following claims against it relating to Recyclables Processing and marketing involving more than $100,000 during the past five (5) years? Yes No Criminal or civil actions Losses in services contracts Losses in bid bonds Losses in performance bonds Debarred by any governmental agency Contract terminated for breach
If yes to any of the above questions, please provide for each such occurrence, the name of the claim, arbitration, litigation, action; name the claimant; date of the alleged occurrence; amount at issue, if applicable; criminal charges alleged, if applicable; and disposition of the claim, arbitration, litigation or action on a separate sheet of paper.
Page 41 of 62
Page 42 of 62
Request for Taxpayer Identification Number (TIN) and Certification
Substitute W-9
All Bidders: Complete the Substitute W-9 Form below.
PART I PERSONAL or BUSINESS INFORMATION 1-NAME of INDIVIDUAL, business name, or sole proprietors name (as registered with the IRS-Internal Revenue Service) 2-BUSINESS NAME (DBA-doing business as), if different from above. P l e a s e t y p e o r p r i n t l e g i b l y. 3-CHECK ONE BOX to identify the type of business named above. Individual/Sole Proprietor Partnership Corporation Non-profit 501(c) Associations/Estate or Trust
Government Entity (Exempt under section 501(a))
Medical or Legal Corporation
Foreign Entity(fill out appropriate W-form)
LLC-Limited Liability Company (If business listed on line 2 is an LLC, must also select an LLC type from below) [ ] Disregarded entity [ ] Partnership [ ] Corporation [ ] Individual/Sole Proprietor (enter owner/individuals name on line 1 above, business/DBA name on line 2 4-WITHHOLDING (Optional) Already subject to backup withholding Exempt from backup withholding 5-PROTECTED STATUS Florida Statute 119.071(4)(d) Are you a member of law enforcement (active or former), a firefighter, judge or any other protected status as defined by Florida Statute 119.071(4)(d)? Yes No 6-ADDRESS - Street (include apt # or suite number) City E-mail address State
ZIP
PART II TAXPAYER IDENTIFICATION NUMBER (TIN) Enter your TIN in the Appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). For other entities, it is your employee identification number (EIN). TIN / SSN EIN PART III - CERTIFICATION Under penalties of perjury, I certify that: 1 The number shown on this form is my correct TIN (tax payer identification number) or I am waiting for a number to be issued to me, and 2 I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding and 3 I am a U.S. citizen or other U.S. person (see definition below). The IRS does not require your consent to any provision of this document other than the certifications required to avoid backup withholding Sign here > Date >
Florida Statute 119.07 (5) and the Federal Privacy Act of 1974; Collection of Social Security Numbers The Hillsborough County Clerk of the Circuit Court collects your social security number for the purposes of tax reporting to the Department of the Treasury, Internal Revenue Service (IRS) and for identity verification purposes. Florida Statute 119.07 (5) and the Federal Privacy Act of 1974 require the Clerk to notify you in writing of the reason for collecting this information which will be used for no other purpose than herein stated. GENERAL INSTRUCTIONS (section references are to the Internal Revenue Code unless otherwise noted). Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien, A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners share of the income from such business. Further, in certain cases where a form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. BID NO. ITB-S-0299-0-2012/JSW Page 43 of 62
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

STATEMENT OF COMPLIANCE THE BIDDER REPRESENTS THAT THE INFORMATION SUBMITTED HEREIN IS TRUE AND CORRECT. THE BIDDER ASSURES HILLSBOROUGH COUNTY OF ITS COMPLIANCE WITH FEDERAL, STATE AND COUNTY AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. THE BIDDER FURTHER ASSURES THAT IT AND ITS SUBCONTRACTOR'S/SUBRECIPIENT'S FACILITIES ARE ACCESSIBLE TO THE HANDICAPPED (IF APPLICABLE). INSTRUCTIONS As a Bidder /Contractor with the County, you are urged to carefully review the Equal Employment Opportunity Affirmative Action Questionnaire and respond to it as it relates to your own employment practices. Please note particularly that: 1. Where federally-assisted contracts are involved, the Bidder/ Contractor is bound by Revised Order No. 4 (41 CFR Part 60-2) and Executive Order 11246 of September 24, 1965 as amended, by Executive Orders 11375 and 12086; or Title VI of the Civil Rights Act of 1964 and Federal contract Compliance "bid conditions" in the proposal package. The Bidder/Contractor must complete all forms of this Equal Employment Opportunity Affirmative Action Questionnaire if the total amount of the Contract is equal to or exceeds $10,000.
2.
If at any time there arises a question, problem or need for assistance in meeting the equal opportunity requirements on County contracts, please contact Hillsborough County's Economic Development Department, DM/DWBE & SBE Programs Section, P.O. Box 1110, Tampa, Florida 33601, (813) 914-4028. SANCTIONS AND PENALTIES 1. Failure to comply with the Equal Opportunity and Affirmative Action requirements adopted by the Board of County Commissioners of Hillsborough County may result in suspension or debarment of the firms or individuals involved. Debarment of firms by Hillsborough County for activity contrary to this program will be carried out according to the debarment procedures contained in the Hillsborough County Procurement Manual. Said firm or individual will be notified by registered mail of said suspension or debarment and may appeal suspension or debarment through the procedure set forth in the Procurement Manual. The Board of County Commissioners encourages each Bidder to submit EEO documentation with its Bid. The Board of County Commissioners also reserves the right to reject any Bids from firms who have previously failed to perform properly and who have done so by commission or omission of an act of such serious or compelling nature that the act indicates a serious lack of business integrity or honesty or willingness to comply.
2. 3.
Page 44 of 62
EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION QUESTIONNAIRE FIRMS CIVIL RIGHTS STATUS All responding firms/Bidders are requested to carefully review the following questions and provide responses as it relates to the firm's/Bidders own affirmative action and equal opportunity practices. Please respond to the following: 1. Provide a copy of your organization's Affirmative Action Plan or Program (if not submitted within the past twelve (12) months.) A written Affirmative Action Plan or Program is required if the firm has fifteen (15) or more employees. If the firm has fewer than fifteen (15) employees, then an Affirmative Action Policy Statement is required. 2. 3. 4. 5. 6. 7. Workforce Analysis by race/sex and EEO Category. If organization receives federal/state/local funding, please list source and dollar amount. Name of person designated as EEO representative. Is the organization receptive to on-site reviews? Does the organization have a procedure for resolving discrimination complaints? Has your firm been charged with discrimination within the past eighteen (18) months? If yes, how many charges, nature of charge; when; and where? Do you anticipate hiring additional staff to perform this Contract? If yes, please provide the number of positions and type of positions. Please provide a copy of the company's Affirmative Action/Equal Employment Opportunity Policy Statement, signed and dated by the Chief Executive Officer (if not submitted within the past twelve (12) months).
8.
9.
Page 45 of 62
FIRM NAME:
JOB CATEGORY TOTAL EMPLOYEES MALE Officials & Managers Professionals Technicians Sales Workers Office & Clerical Craftsmen (Skilled) Operatives (SemiSkilled) Laborers (Unskilled) Service Workers TOTAL HISP: API: AI: Hispanic Asian/Pacific Islander American Indian FEMALE WHT BLK
MALES HISP API AI WHT
FEMALES BLK HISP API AI
Job categories as provided herein are those categories identified and used in EEO (1-6) reporting requirements, required from employers by the Federal government.
Page 46 of 62
BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT WE, (hereinafter called the Principal) and (hereinafter called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the City of and authorized to do business in the State of Florida, are held and firmly bound unto the Board of County Commissioners, Hillsborough County, Florida, in the full and just sum of dollars ($ )
in good and lawful money of the United States of America, to be paid upon demand of Hillsborough County and to which payment, will and truly to be made, we bind ourselves, heirs, executors, administrators, successors, and assignees, jointly and severally and firmly by these presents. WHEREAS, the Principal is about to submit or has submitted a Proposal to Hillsborough County for the purpose of
for Hillsborough County and designated as Bid No. ______________________ WHEREAS, the Principal desires to file this Bid Bond in accordance with law, in lieu of an acceptable check otherwise required to accompany the Proposal; NOW THEREFORE, the conditions of this Bid Bond are such that if the Proposal is accepted by Hillsborough County and if the Principal, within ten (10) days after written Notice of Award, (a) executes a written contract in the form and manner required by Hillsborough County; in accordance with the Proposal; and upon the terms, conditions and price(s) set forth therein and (b) executes any Performance Bond and/or Payment Bond required by the Proposal; valued in the amount(s) specified therein; and in a form and with sureties satisfactory to Hillsborough County, or furnishes an Alternate form of security acceptable to Hillsborough County; then this Bid Bond is void. Otherwise, this Bid Bond remains in full force and effect and the Surety shall immediately pay to Hillsborough County, upon demand, the amount secured by this Bid Bond in good and lawful money of the United States of America, upon failure of the Principal to comply with any and all of the foregoing requirements within the time specified above.
Page 47 of 62
THIS BOND DATED THIS ATTEST: PRINCIPAL:
DAY OF
, 20
(Printed Name) BY: Authorized Signature (Principal) (SEAL)
Witness
Witness
Printed Name Title -ORBY:
Witness
As Attorney in Fact (Attach Power)
Witness
Printed Name
Page 48 of 62
ATTEST:
SURETY:
(Printed Name) Mailing Address
Witness Witness
BY: (SEAL) Authorized Signature/s (Surety or Sureties) Printed Name -OR-
Witness Witness
BY: As Attorney in Fact (Attach Power) Printed Name Agency Name Agency Mailing Address
(SEAL)
Agency Telephone Number
Page 49 of 62
By signing this Bid, the undersigned affirms that said Bid is made without any understanding, agreement, or connection with any other person, firm or corporation providing a Bid for the same purpose and that this Bid is, in all respects, fair and without collusion or fraud. The undersigned understands that this Bid must be signed in ink and that an unsigned Bid will be considered incomplete and subject to rejection by Hillsborough County. At this present time, we understand all requirements and state that as a serious Bidder we will comply with all the stipulations included in this Invitation to Bid. The above-named Bidder affirms and declares: (1) (2) That the Bidder is of lawful age and that no other person, firm or corporation has any interest in this Bid or in the Contract proposed to be entered into. That this Bid is made without any understanding, agreement, or connection with any other person, firm or corporation making a Bid for the same purpose, and is, in all respects, fair and without collusion or fraud. That the Bidder is not in arrears to Hillsborough County upon debt or contract and is not a defaulter, as surety or otherwise, upon any obligation to Hillsborough County. That no officer or employee or person whose salary is payable, in whole or in part, from the County Treasury is, shall be or become interested, directly or indirectly, surety or otherwise in this Bid; in the performance of this Contract; in the supplies, materials, equipment, and Services and/or Work to which they relate; or in any portion of the profits thereof. That the Bidder has carefully examined the site where the Services and/or Work are to be performed and that, from the Bidders own investigations, the Bidder is satisfied with the nature and location of the Project and/or Work to be performed; the character, quality and quantity of materials; the kind and extent of the equipment and other facilities needed for the performance of the Services and/or Work; the general and local conditions, all difficulties to be encountered; and all other items which may in any way affect the performance of the Services and/or Work. Bidder understands that Section 287.135, Florida Statutes, prohibits agencies and governmental entities from contracting with companies for goods and/or services that are One Million Dollars ($1,000,000.00) or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. Bidder hereby certifies that Bidder is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Bidder understands that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorneys fees and/or costs.
(3) (4)
(5)
(6)
Page 50 of 62
IN WITNESS WHEREOF, this Bid is hereby signed and sealed as of the date indicated. ATTEST: BIDDER: BY: (SEAL)
Witness Witness
(Authorized Signature in Ink)
(Printed Name of Signer) (Title of Person Signing)
CORPORATE SEAL (Where appropriate)
(Date Signed) (Phone Number of Signer)
Page 51 of 62
ACKNOWLEDGEMENT OF BIDDER, IF A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me this (Date) of By (Name of officer or agent, title of officer or agent)
a corporation, (Name of corporation acknowledging) (State or place of incorporation) on behalf of the corporation, pursuant to the powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF BIDDER, IF A PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging partner or agent) partner (or agent) on behalf a partnership. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF BIDDER, IF AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging) who personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped)
Page 52 of 62
INSURANCE REQUIREMENTS
Contractor's Liability Insurance: The Contractor shall procure and maintain in force such insurance as will protect the Contractor from claims under Workers' Compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of Contractors employees including claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractors employees including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property including loss of use resulting therefrom, any or all of which may arise out of or result from the Contractors operations under the Contract Documents, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by any of them or for whose acts for which any of them may be legally liable. This insurance shall be written for not less than the limits of liability specified in the Contract Documents or required by law, whichever is greater, and shall include contractual liability insurance. Before starting the work, the Contractor will file with the County certificates of such insurance, acceptable to the County; these certificates shall contain a provision for cancellation as found in Section B, paragraph 11 immediately below. Insurance Required: A. General Before starting and until acceptance of the Work by the County, the Contractor shall procure and maintain insurance of the types and to the limits specified in Section B, paragraphs (1) through (6) below. All policies of insurance under this contract shall include as additional insured Hillsborough County and its employees. All policies shall provide for separation of insured's interests such that the insurance afforded applies separately to each insured against whom a claim is made or a suit is brought. Coverage The Contractor shall procure and maintain in force during the life of this Contract the following types of insurance coverage written on standard forms and placed with insurance carriers acceptable to the County and approved by the Insurance Department of the State of Florida. The amounts and type of insurance shall conform to the following requirements: 1. Worker's Compensation Insurance - The Contractor shall procure and shall maintain in force during the life of this Contract, Workers' Compensation Insurance providing statutory benefits, including those that may be required by an applicable federal statute, for all of his/her employees to be engaged in work on the project under this Contract. In case any class of employee engaged in hazardous work on the project under this Contract is not protected under the Workers' Compensation statute, the Contractor shall provide employer's liability insurance for all said employees. a. Employer's Liability: $100,000.00 $500,000.00 $100,000.00 2. Limit each Accident Limit Disease Aggregate Limit Disease each Employee
B.
Commercial General Liability Insurance - Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Service office with limits of not less than those listed below and must include:
Page 53 of 62
a.
General Aggregate: Products and Completed Operations: Personal and Advertising Injury: Each Occurrence: Fire Damage (anyone fire): Specific Contract Aggregate Limits:
$1,000,000.00 $1,000,000.00 N/A $1,000,000.00 N/A Same as above
3.
Automobile Liability Insurance - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy filed by the Insurance Service office with limits not less than those listed below and must include: a. b. c. d. e. f. $1,000,000.00 combined single limits each accident, for bodily injury and property damage liability. Owned Vehicles Hired and Non-owned Vehicles Employer Non-ownership Garage Keepers Liability: Proof of coverage required, additional insured endorsement not required.
4.
Certificate of Insurance and Copies of Policies - Certificates of Insurance must be furnished to Hillsborough County evidencing the insurance coverage specified in the paragraphs above, and, upon request by the County, certified copies of the policies shall be filed with the Risk Management Division of the County on a timely basis. The required Certificates of Insurance shall list Hillsborough County as an additional insured for the operations of the Contractor under this contract (excluding the worker's compensation, automobile liability, and professional liability policies) and shall name the types of policies provided and shall refer specifically to this Contract. If the initial insurance will expire prior to the completion or expiration of the Contract, renewal Certificates of Insurance shall be furnished to the County thirty (30) Days prior to the date of their expiration. The required limits for insurance may be achieved through a combination of primary and umbrella policies. These policies must provide that the insurer(s) waive their rights of subrogation against the Hillsborough County Board of Commissioners, their officials, employees, agents, and consultants. Cancellation - Insurance policies shall not be canceled or non-renewed before the stated expiration date thereof. If the insurance policies will be canceled or non-renewed before the stated expiration of such policies, then the insurer will not cancel same until at least thirty (30) Days prior written notice has been given to the below named certificate holder. This prior notice provision shall be a part of each of the above-described policies.
5.
6. 7. 8.
Page 54 of 62
CERTIFICATE OF LIABILITY INSURANCE

Date:
Producer, Address, Telephone No. Insurer A: Insurer B: Insured, Address Insurer C: Insurer D: Insurer E: This is to certify that the insurance policies listed below have been issued to the insured and are in force at this time. It is further certified that these policies have been endorsed to provide that they will not be cancelled or changed so as to reduce the described coverages until 30 days after written notice of such cancellation or change has been delivered to the certificate holder at the address shown below. Insr Type of Insurance Policy Number Policy Policy Limits Ltr Effective Expiration Date Date General Liability Commercial General Liability Claims Made Occur Each Occurrence Fire Damage Personal & Advertising Injury General Aggregate General Aggregate Limit Applies per: Policy Project Loc Products Completed Operations Aggregate
Insurers Affording Coverage
$ $ $ $ $ $
Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos
Combined Single Limit (Each Accident) Bodily Injury (Per Person) Bodily Injury (Each Accident) Property Damage (Per Accident)
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Garage Liability Any Auto
Auto Only Ea Acc Other than Auto Only: Ea Acc
Excess Liability Occur Deductible Retention Claims Made
Aggregate Each Occurrence Aggregate
$
WC StatuOthtory Limits er E. L. Each Accident E. L. Disease Ea Emp E. L. Disease Pol Limit
Workers Compensation and Employers Liability
Other
Contractual Liability Coverage is Included in listed General and Auto Liability Policies.
Hillsborough County, a political subdivision of the state of Florida has been named as an Additional Insured on the listed General, Auto and
Aircraft Liability Policies. Listed General Liability Policies include a Separation of Insureds (severability of interests) provision. Other Provisions/Limitations/Conditions: BID NO. ITB-S-0299-0-2012/JSW Certificate Holder: Hillsborough County - BOCC Risk Management Division 601 E. Kennedy Blvd, 26th FL Tampa, FL 33602 Fax No. (813-635-8274) Authorized Representative: Signature _____________________________________
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AGREEMENT
THIS AGREEMENT is made and entered into this ________day of________________________, 20________, (award date for projects subject thereto) by and between the BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, hereinafter called County; and __________________________________________________________________ hereinafter called Contractor. WITNESSETH THAT: In consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1. The Contractor, being the lowest responsible Bidder, shall provide to the County the labor, Services, materials, Work and all appurtenances thereto per the requirements set forth within this Invitation to Bid. 2. The following sections of this Invitation to Bid are hereby incorporated into this Agreement by reference: Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, all Addenda issued, all attachments to this Invitation to Bid, and the Bidders Bid. 3. The Contractor shall furnish, at its own cost and expense, all equipment, tools, materials and labor of every description necessary to carry out and complete said Services/Work in a good, firm, substantial and workmanlike manner. 4. This Agreement shall be in effect for the period beginning ___________ and ending . The Contractor shall commence performance of Services/Work required hereunder on said beginning date unless otherwise stated herein. 5. Indemnification (General Liability): The Contractor shall indemnify, hold harmless, and defend the County and the Board of County Commissioners, their agents and employees and anyone directly or indirectly employed by either of them, from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in equity, including court costs and attorneys' fees, that may hereafter at anytime be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, to the extent caused or incurred, as a result of any negligent, wrongful, or intentional act or omission of, or based on any act of fraud or defalcation by the Contractor, or anyone performing any act required of the Contractor in connection with performance of the Contract awarded pursuant to this Bid. These obligations shall survive acceptance of any goods/Work and/or performance and payment therefore by the County. 6. Including the provisions contained in this Agreement, the Contractor and the County shall adhere to all provisions contained in the Contract Documents, the same being incorporated as part of this Agreement by reference. 7. The County shall pay and the Contractor shall accept as full compensation for all Work done and materials furnished; for all costs and expenses incurred, and loss or damages sustained by reason of action of the elements or growing out of the nature of the Work, or from any unforeseen obstruction or difficulties encountered in the prosecution of the Work; for all expenses incurred by, or in consequence of the suspension or discontinuance of the Work herein specified; and for well and faithfully completing the Work, the whole thereof, therein provided, and maintaining the Work in good condition until the final payment is made, an amount based upon the actual quantities of Work and materials utilized in constructing the Project, compensable at the unit prices shown in the Contractors Bid , however, in no event shall the total compensation paid under the terms of this Agreement exceed $ ______________________________for_______________________________________ unless otherwise authorized by the County in a Modification Agreement. The County and the Contractor acknowledge that the total Bid price shown in the Contractors Bid is based upon the extension of the unit prices and estimated quantities shown in the Contractors Bid. The County and the Contractor acknowledge that the performance of this Contract may require changes in the item quantities shown in the Contractors Bid which changes may result in adjustments in the pay quantities which comprise elements of the total Bid price shown in Contractors Bid. All such changes and adjustments shall be accomplished by Modification Agreement(s) issued in accordance with the provisions of these Contract Documents.
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8. Contractor understands and agrees that during the fiscal year in which this Agreement is entered into, the County will have sufficient unencumbered funds to cover payment for the goods, Services and/or Work to be provided under this Agreement during said fiscal year. 9. During the performance of this Agreement, the Contractor herein assures the County that said Contractor is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992 in that the Contractor does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discriminate in any form or manner against said Contractors employees or applicants for employment. The Contractor understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Contractor herein assures the County that said Contractor will comply with Title VI of the Civil Rights Act of 1964 when Federal grant(s) is/are involved. Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability. 10. This Agreement shall be contingent upon the Contractor furnishing the County, when required, a certificate of Competency, Certificate(s) of Insurance, Performance Bond, Payment Bond, and any other such documents as required in this Contract within ten (10) Days after the Notice of Award. 11. This Agreement may only be amended or modified by a written instrument executed by the County and the Contractor, except for Unilateral Change Orders and Unilateral Extensions, as provided for in the General Terms and Conditions. 12. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of Florida, or the laws, rules, and regulations of the United States when providing Services and/or Work funded by the United States government and venue shall be in Hillsborough County, Florida. 13. Termination for breach: Unless the Contractors breach is waived, the County may, upon the giving of written notice, terminate this Agreement for said breach. Waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach; nor shall it be construed to be a modification of this Agreement. The aforesaid termination notice shall be considered received by the Contractor and the County if delivered in person with written proof thereof, or when deposited in the U.S. Mail, in a prepaid wrapper marked certified, return receipt requested. 14. Notice - Any notice required by this Agreement shall be given to the following representatives of the parties: CONTRACTOR:
COUNTY:
15. The foregoing constitutes the entire Agreement between the parties with respect to the subject matter contained herein.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: PAT FRANK CLERK OF CIRCUIT COURT COUNTY: HILLSBOROUGH COUNTY FLORIDA BY:
BY:
DEPUTY CLERK
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
ATTEST:
CONTRACTOR
WITNESS
AUTHORIZED CORPORATE OFFICER OR INDIVIDUAL (SIGN BEFORE NOTARY PUBLIC)
WITNESS
(Printed Name Of Signer) (Title) (Phone) (Date)
Approval Department Business and Support Services - Procurement County Attorneys Office _______________ _______________ _______________
Date _____________ _____________ _____________
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ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me this (Date) of By (Name of officer or agent, title of officer or agent)
a corporation, (Name of corporation acknowledging) (State or place of incorporation) on behalf of the corporation, pursuant to the powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging partner or agent) partner (or agent) on behalf a partnership. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF CONTRACTOR, IF AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging) who personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped)
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PERFORMANCE BOND
BOND NO. I. BY THIS BOND, WE (hereinafter called the "Principal") and (Name of Surety) (hereinafter called the "Surety"), a surety insurer chartered and existing under the laws of the State of and authorized to do business in the State of Florida, are held and firmly bound unto the BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA (hereinafter called the "Owner") in the sum of ($ ) for payment of which we bind ourselves, our heirs, our personal representatives, our successors, and our assignees, jointly and severally. II. WHEREAS, the Principal and Owner have reached a mutual agreement (hereinafter referred to as the "Contract"), as of ____________________________ (the bid award date for projects subject thereto) for the purpose of _______________________________________________________________________ _____________________________________said Contract being made a part of this Bond by this reference. III.A. NOW THEREFORE, THE CONDITION OF THIS BOND IS THAT IF THE PRINCIPAL: 1. Shall faithfully perform the Contract, including and during such time the Contract has been renewed or extended pursuant to the Owner's options in that regard, at the times and in the manner prescribed in said Contract; Shall pay the Owner for all losses, damages, expenses, costs, and attorney's fees, including those resulting from appellate proceedings, that the Owner sustains because of a default by the Principal in contravention to the Contract; and Shall perform the guarantee of all work and materials furnished under the Contract for the time specified in said Contract; then this Bond is void; otherwise, this Bond remains in full force and effect.
2.
3.
B. BE IT FURTHER KNOWN: Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the said Contract or alterations which may be made in the terms of the said Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the said Contract, or any other forbearance on the part of either the Owner or the Principal to the other, shall not in any way release the Principal and the Surety, or either or any of them, their heirs, their personal representatives, their successors or their assigns from liability hereunder, notice to the Surety of any such changes, alterations, extensions or forbearance being hereby waived.
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THIS BOND DATED THIS
DAY OF
, 20
(the date of issue by the Surety or by the Surety's agent and the date of such agent's power-of-attorney). ATTEST: PRINCIPAL:
(Printed Name) BY: Authorized Signature (Principal) Printed Name Title of Person Signing -OR(SEAL)
Witness Witness
Witness Witness
BY: As Attorney in Fact (Attach Power) Printed Name ACKNOWLEDGEMENT
(SEAL)
State of
County of (Date)
The foregoing instrument was acknowledged before me this By of a
(Name of officer or agent, title of officer or agent) (Name of corporation acknowledging) (State or Place of Incorporation) corporation, on behalf of the corporation, pursuant to the
powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced (Type of Identification) as identification and did certify to have knowledge of the matters stated in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) Commission Number Commission Expiration Date
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ATTEST:
SURETY:__________________________________ (Printed Name) Mailing Address
Witness Witness Witness Witness
BY: Authorized Signature Printed Name -ORBY: As Attorney in Fact (Attach Power) Printed Name Agency Name Agency Mailing Address
(SEAL)
(SEAL)
Agency Telephone Number ACKNOWLEDGEMENT State of County of (Date)
The foregoing instrument was acknowledged before me this By of (Name of officer or agent, title of officer or agent)
(Name of corporation acknowledging) a _________________ corporation, on behalf of the corporation, pursuant to the _________________________ (State or Place of Incorporation) powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced (Type of Identification) as identification and did certify to have knowledge of the matters stated in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) Commission Number Commission Expiration Date
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HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT DOCUMENT
INVITATION TO BID COVER SHEET

BUSINESS & SUPPORT SERVICES DEPARTMENT PROCUREMENT J. THOMAS FESLER, DIRECTOR WEB SITE: Procurement Services E-MAIL: procurementservices@hillsboroughcounty.org 601 E. KENNEDY BLVD., COUNTY CENTER, 18TH FLOOR P. O. BOX 1110 TAMPA, FLORIDA 33601 TELEPHONE: (813) 272-5790 FAX NUMBER: (813) 272-6290
BID NO: TITLE:
ITB-S-0300-0-2012/JSW Residential and Commercial Solid Waste Collection Services
IMPORTANT NOTICE: Hillsborough County issues its solicitations electronically through its contracted vendor, Onvia DemandStar. All Addenda to such solicitations will be issued exclusively through Onvia DemandStar. If you have obtained this solicitation from a source other than Onvia DemandStar, you will not be listed on the plan holders list and may not receive notification of any Addenda issued. Failure to receive any issued addenda shall not relieve the Bidder from any obligation(s) contained in the addenda. To access Hillsborough County solicitations, any resulting Addenda and Bid results, go to: DemandStar If you need assistance in registering with Onvia DemandStar, please call 1-800-711-1712.
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TABLE OF CONTENTS
(Contract Documents)
Title
Pages
BID DATA PAGE.................................................................................................................................... 3 STATEMENT OF NO BID ......................................................................................................................... 4 DEFINITIONS ........................................................................................................................................ 4 INSTRUCTIONS TO BIDDERS .................................................................................................................... 7 GENERAL TERMS AND CONDITIONS ....................................................................................................... 13 SPECIAL TERMS AND CONDITIONS ......................................................................................................... 21 SPECIFICATIONS .................................................................................................................................. 25 BID FORMS........................................................................................................................................ 61 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS............................................................................... 74 BID BOND ......................................................................................................................................... 77 CERTIFICATE OF LIABILITY INSURANCE .................................................................................................... 85 AGREEMENT ...................................................................................................................................... 86 PERFORMANCE BOND ......................................................................................................................... 90
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BID DATA PAGE KEY DATES AND IMPORTANT INFORMATION BID TITLE: RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICES BID NUMBER: ITB-S-0300-0-2012/JSW DESCRIPTION OF BID: The Hillsborough County Public Utilities Department is seeking Bids for an exclusive Franchise for Residential Collection Services and Special Collection Services, and the exclusive right to compete with other Franchise Collectors for Commercial Collection Services according to the provisions of this document. The County is seeking bid prices for four (4) different service options for the Residential Collection Services as outlined herein. Selection of which service option to implement will be determined by the Board of County Commissioners. The County will enter into a Franchise Agreement with multiple vendors (Franchise Collectors) to provide the Services described in this Invitation to Bid. The Franchise Collector will be responsible for the complete delivery of the required Services. The County will not accept alternative proposals that are outside the scope of this Invitation to Bid. BID SUBMITTAL DEADLINE: Xx/Xx/Xxxx at 2:00 p.m. Eastern Standard Time BID SUBMITTAL LOCATION: Bidder is directed to deliver its sealed Bid to the following address no later than the above-referenced Bid Submittal Deadline: Hillsborough County Business and Support Services Department - Procurement th 601 E. Kennedy Blvd., 18 Floor Tampa, Florida 33602 All Bids should be labeled with the Bidders name and marked BID NO. ITB-S-0300-0-2012/JSW SEALED BID FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICES. OPENING OF BIDS: Bids will be opened at the above address on the date of the Bid Submittal Deadline at 2:00 p.m., Eastern Standard Time. PRE-BID CONFERENCE: Date/Time/Location
BID BOND/SECURITY REQUIRED: No: _____ Yes: __XX__ [check one] If Yes, then the Bond/security shall be no less than Amount $300,000. Bidder is hereby directed to item number 30 of the Instructions to Bidders portion of this Invitation to Bid for more information regarding the required Bond/security, if applicable. IMPORTANT NOTICE REGARDING ANY ADDENDA THAT MAY BE ISSUED FOR THIS INVITATION TO BID: Hillsborough County issues its solicitations electronically through its contracted vendor, Onvia DemandStar. All Addenda to this Information to Bid will be issued exclusively through Onvia DemandStar. If you have obtained this solicitation from a source other than Onvia DemandStar, you will not be listed on the plan holders list and may not receive notification of any Addenda issued. Failure to receive any issued Addenda shall not relieve the Bidder from any obligation(s) contained in the Addenda. To access Hillsborough County solicitations, any resulting addenda and Bid results, go to: DemandStar. If you need assistance in registering with Onvia DemandStar, please call 1-800-711-1712. FOR ADDITIONAL INFORMATION CONTACT: Name of Procurement Analyst: Title: Telephone: E-Mail: procurementservices@hillsboroughcounty.org
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IMPORTANT NOTICE TO VENDORS: If you do not intend to submit a Bid, please return this Statement of No Bid. STATEMENT OF NO BID HILLSBOROUGH COUNTY BUSINESS AND SUPPORT SERVICES DEPARTMENT PROCURMENT P.O. Box 1110, Tampa, Florida 33601
Bid Number: __________________________________________________________________ Title: ________________________________________________________________________ If you elect not to submit a bid/proposal, please indicate the reason below and either fax this form to 813-2726290 or mail it to the above address. We do not offer this product/service or an equivalent Our schedule would not permit us to perform Insufficient time to respond to solicitation Unable to meet specifications Specifications not clear Unable to meet bond and/or insurance requirements Specifications too tight/restrictive (i.e. geared to specific brand or manufacturer) Subcontractor (submitted bid to General Contractor) Other (please explain):_________________________________________ _____ ____________________________________________________________________________ ____________________________________________________________________________
Signature:_______________________________________ Date:________________________ Name: _________________________________________ Title: ________________________ Company: ___________________________________________________________________ Address: ____________________________________________________________________ Federal Tax Identification Number: ________________________________________________ Telephone: _______________ Fax: _________________ E-Mail: _______________________
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DEFINITIONS
The following words and expressions (or pronouns) shall, wherever they appear in this Invitation to Bid and the Contract Documents, be construed as follows unless a different meaning is clear from the context: "Addendum" or Addenda shall mean the additional information and/or requirements concerning this Invitation to Bid that are issued by the County, in writing, prior to the Bid Submittal Deadline. "Agreement" shall mean the written agreement between the County and the Successful Bidder/Contractor covering the goods and/or Services to be provided and/or the Work to be performed pursuant to this Invitation to Bid. The Agreement (if one is required for this particular Invitation to Bid) will be attached to and made a part of the Contract Documents. Bid and Bidders Bid shall mean the offer, bid or proposal of the Bidder submitted on the prescribed forms setting forth the prices for the work to be performed, along with all other documents submitted by the Bidder in response to this Invitation to Bid. Bidder shall mean any person, partnership, corporation or other entity or organization submitting a Bid to provide the goods, Services and/or Work solicited by the County in this Invitation to Bid. Bid Submittal Deadline shall mean the date and time set for delivery to the County of all Bids submitted in response to this Invitation to Bid as more specifically set forth on the Bid Data page. "Board of County Commissioners" shall mean the Board of County Commissioners of Hillsborough County, Florida. "Bonds" shall mean Bid bond, performance bond, and/or payment bond and other instruments of security furnished by the Bidder and/or Contractor and its Surety in accordance with this Invitation to Bid and/or the Contract Documents. Business Day(s) shall mean Monday through Friday excluding public holidays. Change Order shall mean a written order or alteration to a contract or purchase order signed by the appropriate County and Contractor authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time. "Contract" or "Contract Documents" shall mean the Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, all Addenda issued, the Bidders Bid, the Agreement (if applicable), and all the attached documents identified in this Invitation to Bid. "Contractor" shall mean the Successful Bidder and vice versa, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and permitted assignees. "Contract Price" shall mean the total monies payable to the Contractor under the Contract Documents. "Contract Time" or Contract Period shall mean the number of calendar Days stated in the Contract Documents for the completion of the Work and/or the provision of the goods and/or Services specified therein. "County" shall mean the Board of County Commissioners, and the Board of County Commissioners acting by and through its authorized designees, agents, and employees. "County Administrator shall mean the County Administrator of Hillsborough County. "Day(s)" shall mean one calendar day. Designee shall mean the person appointed by the Board of County Commissioners and/or the County Administrator to act on his/her behalf. Invitation to Bid shall mean the solicitation issued by the County for the goods, Services and/or Work specified herein; and shall include the Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications and all Addenda issued.
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"Modification Agreement" shall mean the written order to the Contractor signed by the County authorizing an addition, deletion, or revision in the goods, Services and/or Work to be provided under the Contract Documents or an adjustment in the Contract Price issued after execution of the Agreement. "Notice" shall mean a written notice for the County and the Contractor as set forth in this Invitation to Bid and/or the Contract Document. "Notice of Award" shall mean the written notice given by the County to the Successful Bidder that said Bidder has been selected by the County to provide the goods/Services and/or perform the Work specified in this Invitation to Bid. "Notice to Proceed" shall mean the written notice given by the County to the Successful Bidder/Contractor of the date for the Work to start and/or for the date of the Successful Bidder/Contractor to provide the goods and/or Services specified in the Contract Documents. "Project" shall mean the entire action and/or improvement which is the subject of this Invitation to Bid/Contract. "Project Manager" shall mean the duly authorized representative of the Board of County Commissioners or designee during the Contract Period. Purchase Order shall mean the Countys written document to the Contractor formalizing all the terms and conditions of the successful Bid, thereby forming a valid contract between the County and the Successful Bidder. "Service(s)" shall mean the activity/improvement and/or the means or methods necessary for implementation and prosecution of the Project and/or Work that is the subject of the Contract Documents. "Site(s)" shall mean the area(s) upon or in which the Contractors operations are carried on and such other areas adjacent thereto as may be designated as such by the County. "Specifications shall mean the detailed information set forth in the Specifications section of this Invitation to Bid describing and/or concerning the goods, Services and/or Work being solicited by the County via this Invitation to Bid, including, but not limited to, any terms and conditions contained within the Specifications section, any Addenda issued related to the Specifications section, and/or any drawings or maps relating to the Specifications section of this Invitation to Bid. . "Subcontractor" shall mean any person, firm or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor, materials, and/or equipment for the Work and/or Project to be performed that is the subject of the Contract Documents. Successful Bidder shall mean the Contractor and vice versa, whether a corporation, partnership, individual or any combination thereof, and its, their or his/her successors, personal representatives, executors, administrators, and assignees. "Surety" shall mean any corporation that executes, as surety, the Bidders Bid bond, and/or any corporation that executed, as surety, the Contractors Bid, performance, and/or payment Bond. Unilateral Change Order shall mean shall mean a written order or alteration to a contract or purchase order signed by the appropriate County authority directing an addition, deletion, or revision in the provision of the goods and/or Services or an adjustment in the Contract Price and/or Contract Time that does not require concurrence of the Contractor. "Work" shall mean any and all obligations, duties and responsibilities necessary for the successful delivery of the goods and/or the successful completion of the Services, Project and/or tasks assigned to or undertaken by the Contractor pursuant to the Contract Documents, including, but not limited to, the furnishing of all labor, materials, equipment and other incidentals contemplated by and/related to the Contracted Documents.
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INSTRUCTIONS TO BIDDERS
1. BIDDERS COMPLIANCE WITH COUNTYS PROCUREMENT POLICY AND PROCEDURES: Bidder is advised that by submitting a Bid, Bidder hereby agrees to comply with the Countys Procurement Policy and Procedures, including, but not limited to, the Countys policy and procedures regarding Bid protests. The Countys Procurement Policy and Procedures can be found on the Countys website at: Procurement Policy and Procedures BID DOCUMENTS: 2.1. The Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, any Addenda issued, together with all the attached documents herein identified constitute the entire Invitation to Bid, and must be the basis upon which all Bids are offered. Bidders Bid pricing, in addition to all Addenda issued (signed, if applicable), and any other documentation required by this Invitation to Bid that is submitted by the Bidder in response to this Invitation to Bid shall constitute the Bid. The Bidder is only required to submit its Bid in addition to any Addenda issued (signed, if applicable) and any other documentation required by this Invitation to Bid. Bidder is not required to submit the Bid Data Page, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, or the Specifications. The Bid Data Page, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, any Addenda issued, the Bidders Bid, the Agreement, if attached, together with all other attached documents herein identified shall constitute the Contract Documents upon the award of this Invitation to Bid. 4.3.
s. 812.081, Florida Statutes, and which they believe to be exempt from disclosure, citing specifically the applicable exempting law and including narrative explaining the applicable legal exemption as it relates specifically to Bidders confidential and/or proprietary information. 4.2. All Bids received in response to this Invitation to Bid will become the property of the County and will not be returned. In the event of an award, all documentation produced as part of the Contract will become the exclusive property of the County. All materials that qualify for exemption from Chapter 119, Florida Statutes or other applicable law must be submitted in a separate envelope, clearly identified as "EXEMPT FROM PUBLIC DISCLOSURE" with Bidders name and the Invitation to Bid number marked on the outside. The County will not accept Bids when the entire Bid is labeled as exempt from public disclosure. Be aware that the designation of an item as exempt from public disclosure by a Bidder may be challenged in court by any person or entity. By designation of material in the Bid as exempt from public disclosure, Bidder agrees to defend the County (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Bidders designation of material as exempt from public disclosure and to hold harmless the County (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys fees, incurred by the County by reason of any claim or action related to Bidders designation of material as exempt from public disclosure.
2.
2.2.
4.4. 4.5.
2.3.
5.
3.
CANCELLATION OF INVITATION TO BID: The County reserves the right to cancel, in whole, or in part, this Invitation to Bid when deemed to be in the best interest of the County. FLORIDA PUBLIC RECORDS LAW: 4.1. In accordance with Chapter 119, Florida Statutes, and, except as may be provided by other applicable State and Federal laws, all Bidders should be aware that this Invitation to Bid and all Bids are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their Bids which they consider confidential and/or proprietary, inclusive of trade secrets as defined in
BIDDERS UNDERSTANDING OF INVITATION TO BID: Bidder is solely responsible for reading and completely understanding this Invitation to Bid in its entirety. BIDDER REQUEST FOR INTERPRETATION OF INVITATION TO BID: No interpretation of the meaning of the Specifications contained in this Invitation to Bid or other contract documents will be made to any Bidder orally. Every request for such interpretation must be in writing, addressed to the Director of Business & Support Services Procurement. To be given consideration, such requests must be received at least ten (10) Days prior to the Bid Submittal Deadline. Any and all such interpretations and any supplemental instructions will be in the form of a written Addendum which, if issued, will be posted at: DemandStar at least five (5) Days prior to the Bid Submittal Deadline. Failure of a Bidder to receive any such Addendum
6.
4.
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or interpretation shall not relieve said Bidder from an obligation under its Bid as submitted. All Addenda so issued shall become part of the Contract Documents. 7. OBTAINING CLARIFICATION AND/OR ADDITIONAL INFORMATION: Bidders are instructed not to contact County employees regarding this Invitation to Bid with the exception of employees of the Business & Support Services Department - Procurement. Potential Bidders requesting clarification or additional information should contact Business & Support Services - Procurement at the address/telephone/fax numbers or e-mail address listed on the Bid Data page. BID PRICING/PRICE QUOTES: Bid pricing must be quoted only on the Bid form(s) provided with this Invitation to Bid; no other form(s) will be accepted. When applicable, all prices quoted are to be free-on-board (F.O.B.) to the job site or specified delivery location in Hillsborough County, Florida. REQUESTED INFORMATION & DESCRIPTIVE LITERATURE: Bidder must furnish all requested information in the spaces provided in the included Bid form(s). Additionally, where required, Bidders must submit cuts, sketches, descriptive literature and/or complete specifications relating to the items proposed in the Bidders Bid.
12. SEALING AND LABELING OF BID: Bidder is directed to seal its Bid from public view and label its sealed Bid with the Bidders name, this Invitation to Bids title, and the Bid Number as specified on the Invitation to Bid Cover Sheet and Bid Data page. Sealed Bids may not be amended or otherwise changed by any writing placed outside the sealed Bid. Any writing that is outside of the sealed Bid will not be considered in the Countys evaluation of the Bid. 13. BID SUBMITTAL DEADLINE: Bidder must have its Bid delivered to the Business & Support Services Department Procurement no later than the Bid Submittal Deadline specified on the Bid Data page of this Invitation to Bid. Under no circumstances will Bids delivered after the Bid Submittal Deadline be considered. Late Bids will not be accepted. 14. DELIVERY OF BIDS: 14.1. 14.2. Bidder must have its Bid delivered to the address specified on the Bid Data page. Bidder is strictly responsible for the delivery of its Bid. The County and/or the Director of the Business & Support Services Department - Procurement shall in no way be responsible for any delays caused by the United States Postal Service and/or other couriers, or for delays caused by any other occurrence. For informational purposes only, Bidder is advised that United States Postal Service delivery is made to the Countys post office box (P.O. Box). Such delivery is not made directly to the street address shown on the Bid Data page, even if the Bidder specifies the street address and/or even if express mail service is utilized; therefore, Bidders use of the United States Postal Service may cause a delay in the Countys receipt of the Bidders Bid by the Bid Submittal Deadline. Bidder is cautioned to plan necessary delivery time accordingly. Electronic or faxed Bids will not be considered.
8.
9.
10. DRUG FREE WORKPLACE PROGRAM: Pursuant to Section 287.087, Florida Statutes, Bidders may submit with their Bids a certificate certifying that they have implemented a drug free workplace program. If two or more Bids are equal in price, quality, and service, preference will be given in the award process to the Bidder who has furnished such certification with its Bid. Certificate forms are available from the Business and Support Services Department Procurement website at: Procurement Services 11. SIGNING OF BID: 11.1. Bidder must manually sign its Bid along with all applicable Addenda issued for this Invitation to Bid. 11.2. Bidders Bid must be manually signed by a person that is legally authorized to contractually bind the Bidder. 11.3. If a Bidder is a partnership, then the Bid must be signed by one or more of the companys general partners. 11.4. If Bidder is a corporation, the Bid must be signed by a current officer of the corporation with such persons corporate title clearly listed below the signature. 11.5. A person signing the Bid as Bidders agent should include with the Bid legal evidence of such persons authority to sign on behalf of the Bidder.
14.3.
14.4.
15. MODIFICATION AND/OR WITHDRAWAL OF BID PRIOR TO BID SUBMITTAL DEADLINE: Prior to the Bid Submittal Deadline, Bids may be withdrawn upon written request signed by the Bidder and submitted and/or postmarked to the County prior to the Bid Submittal Deadline. Withdrawn Bids will not be returned to the Bidder. Except as specifically provided for herein, Bidders may not modify their Bids after the specified Bid Submittal Deadline. Negligence on the part of the Bidder in preparing its Bid confers no right of withdrawal or modification of its Bid after such Bid has been opened by County staff at the specified time and place. Bidders may not withdraw or modify their Bids after the Bid Submittal Deadline.
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16. BID OPENING: At the time and place fixed for the opening of the Bids, every Bid properly delivered by the Bid Submittal Deadline will be opened and specific parts of such Bid shall be publicly read aloud, irrespective of any irregularities found therein. Bidders and other persons interested may be present or represented. 17. TIME PERIOD BID IS VALID: Bidders Bid shall be in force for a period of not less than ninety (90) Days after the Bid Submittal Deadline. Further, said Bid shall continue in force after said ninety (90) Day period, until thirty (30) Days following the date of receipt by County of written notice from the Bidder of its intent to withdraw its Bid, or until the date specified in said written notice as the expiration date of the Bid, whichever is later. The aforementioned time periods will remain in effect irrespective of whether an award has been made by the County. Notwithstanding the provisions of the preceding sentence, the Bidder may extend its Bid at any time prior to the scheduled expiration thereof. 18. NO ASSIGNMENT OF BIDS: Bidder may not assign or otherwise transfer its Bid prior to or after the Bid Submittal Deadline. 19. ERRORS ON BID PRICING: If a Bidders Bid contains erasures, corrections or mathematical errors, the Bidder will be bound to the Countys reasonable interpretation of the Bidders intent. The County shall have the discretion to correct any mathematical calculation error and the unit price will control. If a unit price is left blank, the County shall have the discretion to make a reasonable interpretation of the Bidders Bid, which may include, but is not limited to, assigning a zero dollar ($0) amount to such blank unit price. 20. DEVIATIONS: Bidders Bid must state all deviations to the exact requirements imposed upon the Bidder. Such deviations must be stated upon the Bidders Bid form; otherwise, the County may consider Bidders Bid as being made in strict compliance with the requirements of this Invitation to Bid. The County reserves the right to accept or reject any and all Bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if doing so will serve the Countys best interest. Only Bids which conform in all material respects to this Invitation to Bid will be accepted. The County may reject any Bid not submitted in the manner specified by this Invitation to Bid. 21. UNBALANCED BIDS AND/OR EXCESSIVE LINE ITEM PRICES: The County reserves the right to reject any Bid in which unit prices, in the sole opinion of the County, are unbalanced. In addition, where the County has decided to award this Invitation to Bid, it further reserves the right not to utilize a particular line item that, in the sole opinion of
the County, is excessively priced, and reserves the right to obtain that item from another source. 22. FACILITIES INSPECTION: Prior to the award of this Invitation to Bid, he County reserves the right to inspect the Bidder's facility and place of business to determine that the Bidder has a regular, bona fide established business that is presently an on-going concern and is likely to continue as such, and is capable of providing the products and/or services, including any later warranty service, or replacement parts support as may be required. 23. EQUIPMENT DEMONSTRATION: Prior to the award of this Invitation to Bid, the County reserves the right to require a demonstration of equipment as proposed in Bidders Bid. Each Bidder shall be prepared to schedule a demonstration of the type of equipment proposed at a time and location mutually agreeable to the Bidder and the County. The location should be within reasonable traveling distance from the County, and the County shall be responsible for the travel expenses of its County staff members attending such demonstration. Equipment demonstration may be of Bidder-owned equipment or third-party-owned equipment. Failure on the Bidders part to provide the equipment demonstration as described may result in the rejection of its Bid and/or suspension from consideration for award of bids or contracts with the County for a period of up to twenty-four (24) months. 24. INSPECTION OF SAMPLES: After the Bid opening, the County reserves the right to review and inspect representative samples of the products/goods being proposed by the apparent lowest responsive Bidder. Within ten (10) Business Days of receiving a request from the County, Bidder shall provide the County with samples of each item requested for the purpose of the County conducting a quality test or comparison without cost to the County. At the Countys option, this inspection may take place locally, at the Bidders place of business or at a location selected by the County. The County will not be responsible for shipping or other expenses incurred by the Bidder in the qualification of its products or company. The County makes no guarantee that samples will be returned; however, samples not destroyed in testing may be available for return upon request (at the Bidders expense) after testing is completed and after award of the Bid. Failure to provide the samples described above may result in the rejection of Bidders Bid and/or suspension of Bidder from bidding on County procurements. 25. AWARD OF CONTRACT AND REJECTION OF BIDS: 25.1. A contract, if awarded, will be awarded to the lowest responsive and responsible Bidder in accordance with this Invitation to Bid and applicable law.
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25.2.
The County, in its sole discretion, may determine whether acceptance of the Bid is in the best interest of the County. Further, the County reserves the right to reject any and all Bids and to waive any informality concerning a Bid whenever such rejection or waiver is in the best interest of the County and in conformance with Florida Law. The County also reserves the right to reject the Bid of any Bidder: 1) determined to be non-responsible due to failure to perform properly or timely on a comparable contract; and 2) who is not in a position to perform the contract. Bidder must have the capacity, knowledge, skill and general ability to fully perform. Bidder must also have the integrity, reliability and other applicable qualities that will ensure good faith performance. The County reserves the right to require Bidder to submit documentation and other evidence attesting to the Bidders responsibility. The County may reject Bidders Bid if, at the Countys sole discretion, Bidder fails to submit documents and evidence of responsibility and/or the County has determined that the Bidder is not responsible.
and/or Services provided prior to the Successful Bidders/Contractors receipt of said termination notice. The County shall be the final authority as to the availability of funds. 29. EXECUTION OF WRITTEN AGREEMENT: Within ten (10) Days of the Notice of Award, the Successful Bidder will be required to sign a written Agreement if one has been made a part of this Invitation to Bid and identified as the Agreement. 30. BID BOND: 30.1. If Bidder is required to submit a Bid Bond for this Bid (as more specifically set forth on the Bid Data page), then either a certified check, a cashiers check, an irrevocable letter of credit or, in the alternative, a submission of a Bid Bond completed and signed by all required parties and submitted in the format detailed by the Bid Bond page (attached to this Invitation to Bid) shall be required to accompany each Bid in the dollar amount set forth on the Bid Data page of this Invitation to Bid. Any submitted certified check or irrevocable letter of credit shall be drawn on a solvent bank or trust company to the order of Hillsborough County Board of County Commissioners, and shall have all necessary documentary revenue stamps attached, if required by law. Surety on Bid Bonds shall be authorized to do business in the State of Florida. All Bid Bonds shall be issued or countersigned by an authorized agent, with satisfactory evidence of the authority of the person or persons executing such bonds. Personal checks, business checks and cash deposits are not acceptable.
25.3.
25.4.
30.2.
26. BID RESULTS: When available Bid results may be viewed at: DemandStar Bid Results 27. PAYMENT BY VISA CREDIT CARD ACCOUNT (ePAYABLES): 27.1. The County has an ePayables electronic payment solution where the Bidder may choose to be paid by a VISA credit card account. If the Bidder requests to participate in the Countys ePayables electronic payment solution, the Bidder should indicate its acceptance in its Bid. If the Bidder has indicated that it will accept the Countys VISA credit card for payment, then the Bidder will be required to sign an ePayables Enrollment Form after the contract has been awarded. The Bidder must have the capacity to accommodate/accept VISA credit card payments in order to participate in the Countys ePayables electronic payment solution. For more information on the Countys ePayables electronic payment solution, go to: ePayables Solution 30.3. 30.4.
30.5.
27.2.
31. EVIDENCE OF POWER-OF-ATTORNEY ON SURETY INSTRUMENTS: Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power-of-attorney. 32. SECURITY FORFEITURE: If within ten (10) Days after the Notice of Award, the Successful Bidder fails to execute the required Agreement and/or performance security, the Bidders Bid security may be forfeited or enforced against the Bidder. If a Bidders Bid security is no longer subject to forfeiture or enforcement, the Bid security will be returned to the Bidder within a reasonable time; however, this shall only be applicable to Bid security that is in the form of cash, cashiers check or money order.
28. FISCAL NON-FUNDING/AVAILABLILITY OF FUNDING: The award of this Invitation to Bid is contingent upon the availability of funding. Furthermore, if funding during the Contract Period becomes unavailable, the County reserves the right to terminate the Contract after providing the Successful Bidder/Contractor no less than twenty-four (24) hours written notice, provided that, the County will pay the Successful Bidder/Contractor for any authorized goods
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33. LICENSING: Bidder shall be properly licensed for the appropriate category of Work specified in this Invitation to Bid. All Bidders are requested to submit any required license(s) with their Bids. License(s) must be effective as of the Bid opening date and must be maintained throughout the Contract Period. Failure to be properly licensed as stated above will result in the rejection of the Bid as nonresponsive. 34. IRS SUBSTITUTE W-9, REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: All Bidders are requested to complete and submit the attached Substitute W-9 form with their Bid. 35. TAXES: State sales and Federal Excise taxes shall not be included in the Bidders Bid, as Hillsborough County is tax exempt. 36. HILLSBOROUGH COUNTY BUSINESS TAX: All Bidders are required to comply with Hillsborough County Ordinance No. 95-4, as amended by 02-5 and as may be amended in the future. Failure of Bidder to comply with such Ordinance shall not be a basis to protest the Countys award of the Contract; instead, any reported failure of a Bidder to comply with the Ordinance will be referred to the Hillsborough County Tax Collector. 37. AFFIRMATIVE ACTION BUSINESS ENTERPRISE PROGRAM: The County hereby notifies all Bidders that Minority Business Enterprises (MBE's), Disadvantaged Minority Business Enterprises (DMBE's), and Disadvantaged Women Business Enterprises (DWBE's) will be afforded an equal opportunity to participate in any award made by the County pursuant to this Invitation to Bid and will not be subjected to discrimination on the basis of race, color, sex, national origin, age or disability. The County prohibits any person involved in County contracting and procurement activities, to discriminate on the basis of race, color, religion, sex, national origin, age, or disability. 38. BIDDER RESPONSIBLE FOR EXAMINING/INVESTIGATING WORK SITE(S): If applicable to this Invitation to Bid, Bidder is solely responsible for examining all Sites of the proposed Work and conducting any investigations necessary to inform itself of any difficulties that may be involved in the completion of the Work. Bidders failure to conduct such examinations and investigations shall not: 38.1. excuse the Successful Bidders failure to complete the Work in accordance with the Specifications and requirements set forth in this Invitation to Bid based on the Successful Bidders/Contractors ignorance of conditions or difficulties that may exist prior to the Bid opening or of conditions or difficulties that may be encountered during the execution of the Work, and/or
38.2.
be a basis for any claims for additional compensation and/or for any extensions of time.
39. CONDITION OF GOODS, SHIPPING COSTS, AND CLAIMS AGAINST CARRIER: Unless otherwise specified, all goods supplied will be new, not used or re-manufactured. Bid prices shall include costs of delivery, shipping and handling. Any claims against the carrier will be the responsibility of the Successful Bidder. 40. BRAND NAMES, ETC.: In instances where the Specifications make this subject applicable, any use therein of brand names, manufacturers' names, trade names, information and/or catalog numbers are used solely for the purpose of providing descriptions and for establishing acceptable quality levels. Such references are not intended to place restriction on the Bidders (other than as to quality) and Bidders may propose and describe upon the Bid forms deviations that the Bidder believes to be equal to or better than the requirements set forth in this Invitation to Bid. However, Bidder is advised that such deviation(s) may subject the Bidders Bid to rejection by the County if, at the sole discretion of the County, the deviation is considered material in nature. 41. PUBLIC ENTITY CRIMES STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a Bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit Bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months following the date of being placed on the convicted vendor list. Additionally, pursuant to County policy, a conviction of a public entity crime may cause the rejection of a Bid, offer, or proposal. The County may make inquiries regarding alleged convictions of public entity crimes. The unreasonable failure of a Bidder to promptly supply information in connection with an inquiry may be grounds for rejection of a Bid, offer or proposal.
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GENERAL TERMS AND CONDITIONS The provisions contained in this section (General Terms and Conditions) sets forth the general terms and conditions that will apply to the Bidder that is ultimately awarded this Invitation to Bid by the County (the Successful Bidder/Contractor). All Bidders must review and fully understand the terms and conditions contained herein. 1. NO ASSIGNMENT OF CONTRACT: The Contractor may not make any assignment of the resulting Contract between the County and the Contractor, in whole or in part, without the prior written authorization of the County. Failure to obtain prior written authorization of the County will result in a delay of payment(s) at a minimum and may result in termination for breach of contract. APPLICABLE LAW: Unless otherwise specified, this Contract, including, but not limited to, the interpretation, bidding, award, execution and implementation thereof, shall be governed by the laws, rules, and regulations of the State of Florida. LAWS AND REGULATIONS: The Contractor is hereby advised that all applicable Federal and State laws, municipal and County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the goods, Services and/or Work provided under this Contract shall be deemed to be a part of this Contract. INTERPRETATION & INTENT OF CONTRACT DOCUMENTS: The Contract Documents are complementary; what is called for by one Contract document is as binding as if called for by all of the Contract Documents. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor must bring it to the Countys attention in writing before proceeding with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents shall be given preference in the following order: 1) Agreement, 2) Addenda (if applicable to this Invitation to Bid), 3) Specifications, 4) Special Terms and Conditions, 5) General Terms and Conditions, and 6) Instructions to Bidders. Any Work that may reasonably be inferred from the Specifications and/or drawings/maps as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which, when applied, have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. In case of conflict, the more stringent requirements shall take precedence. SEVERABILITY: In the event any section, sentence, clause or provision of this Contract is held to be invalid, illegal or unenforceable by a court having jurisdiction over the
matter, the remainder of this Contract shall not be affected by such determination and shall remain in full force and effect. 6. NOTICES TO CONTRACTOR: Notices to the Contractor shall be served upon the Contractor either personally or by leaving said notice at the Contractors residence, place of business and/or with the Contractors designated agent, or addressed to the Contractor at the residence or place of business given in Contractors Bid and deposited in a postpaid wrapper in any post box regularly maintained by the United States Post Office. NOTICES TO THE COUNTY: See the Special Terms and Conditions section of this Invitation to Bid for notices to the County. STARTING THE WORK: The Contractor will start the Work and/or Project on the date determined by the County in its Purchase Order or Notice to Proceed. PERFORMANCE STANDARDS AND PRODUCT QUALITY: In the event the Specifications omit details concerning performance standards and/or product quality, the Contractor shall use only the best commercial practices and/or materials and workmanship of the highest quality when performing this Contract.
7.
8.
2.
9.
3.
4.
10. CONTRACTOR'S RESPONSIBILITIES: The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work and/or Project. If the Contractor observes that the Specifications are at variance with such laws, ordinances, rules or regulations, then the Contractor will give the County prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order, Unilateral Change Order or Modification Agreement to the Contract. If the Contractor performs any Work knowing that such Work is contrary to such laws, ordinances, rules and regulations and without giving such notice to the County, the Contractor will bear all costs arising therefrom; however, it shall not be the Contractors primary responsibility to ensure that the Specifications are in accordance with such laws, ordinances, rules and regulations. 11. EMERGENCIES: In emergencies affecting the safety of persons, the Work/Project or property at the site of such Work/Project or adjacent thereto, the Contractor, without special instruction or authorization from the County, is obligated to act at the Contractors discretion to prevent threatened damage, injury or loss. The Contractor shall give the County prompt written notice of any significant changes in the Work/Project or deviations from the Contract Documents caused thereby, and a Change Order, Unilateral Change Order or Modification Agreement shall be issued covering the changes and deviations involved. If the Contractor believes that additional work done by it in
5.
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an emergency which arose from causes beyond the Contractors control entitles the Contractor to an increase in the Contract Price or an extension of the Contract Time, the Contractor may make a claim for the same. Such increase in Contract Price and/or extension of the Contract Time will be included in the Change Order, Unilateral Change Order or Modification Agreement if such claim is approved by the County. 12. PROJECT MANAGER'S STATUS: 12.1. County's Representatives: The Project Manager shall be the Countys representative during the Contract Period. The duties, responsibilities and the limitations of authority of the Project Manager during the Contract Period are set forth in this section and shall not be extended without the written consent of the Countys Board of County Commissioners or designee. Rejecting Defective Work: The Project Manager will have the authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective and/or does not conform to the requirements of any inspection, test or approval). The Project Manager will also have the authority to require special inspection or testing of the Work.
Change Order or Modification Agreement shall the Contractor be authorized to proceed with the Work involved. All such Work shall be executed under the applicable terms and conditions contained in the Contract Documents. 14.2. Additional Work performed by the Contractor without the authorization of a Change Order, Unilateral Change Order or Modification Agreement will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time except in the case of an emergency as provided for herein. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. The County will execute an appropriate Modification Agreement if such Modification Agreement is approved by the Countys Board of County Commissioners. Such Modification Agreement will be prepared by the Project Manager and shall cover changes in the Work to be performed, Work performed in an emergency, and/or any other claim of the Contractor for a change in the Contract Time or the Contract Price. It is the Contractors responsibility to notify its Surety of any changes affecting the general scope of the Work/Services or change of the Contract Price and the amount of the applicable Bond(s) shall be adjusted accordingly. The Project Manager, within fifteen (15) Days of receipt of each invoice will either approve or reject the invoice. If the Project Manager rejects the invoice, then the invoice will be returned to the Contractor and will state, in writing, the reason for rejecting the invoice. In the event the Contractor receives a rejected invoice, the Contractor may make the necessary corrections and resubmit the invoice to the Project Manager. Within thirty (30) Days of approval of an invoice for payment, the County will pay the Contractor the amount approved. The Project Managers approval of any payment requested in an invoice shall constitute a representation by the Project Manager to the County that the conditions precedent to the Contractor being entitled to payment as set forth herein have been fulfilled. The Project Managers approval of final payment shall constitute an additional representation by
14.3.
12.2.
14.4.
13. ESTIMATED QUANTITIES: Quantities given represent the best estimate for use and shall be the basis for award. However, these quantities are not intended to represent actual requirements, which are not known at this time and may vary during the Contract Period. The County does not guarantee a minimum total purchase. Furthermore, the requirements of the County may exceed best estimates and the Successful Bidder shall provide such requirements to the extent they are reasonable. 14. CHANGES IN THE WORK / UNILATERAL CHANGE ORDERS / MODIFICATIONS: 14.1. Without invalidating the Contract, the County may, at any time or from time to time, through its Director of Business and Support Services Procurement or designee, order additions, deletions or revisions in the Work, the same being authorized by Change Order, Unilateral Change Order or Modification Agreement. The cumulative total of Unilateral Change Orders shall not exceed $25,000.00. Once the $25,000.00 cap is reached, all other additions, deletions, or revisions shall be valid and enforceable only when authorized by a written Modification Agreement executed by the Contractor and the County, and may be subject to approval by the Board of County Commissioners. Only upon receipt of a Change Order, Unilateral
15. PAYMENT AND COMPLETION: 15.1.
15.2.
15.3.
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him/her to the County that the conditions precedent to the Contractor's being entitled to final payment as set forth herein have been satisfied. 15.4. The Project Manager may refuse to approve, in whole, or in part, an invoice if, in his/her opinion, he/she is unable to make the representation to the County that all the conditions precedent to the Contractor being entitled to payment have been satisfied. The Project Manager may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous approval of such payment, to such extent as may be necessary in his/her opinion to protect the County from loss because: (a) The Work is defective; (b) Claims have been filed or there is reasonable evidence indicating the probable filing thereof; or (c) The Contract Price has been reduced because of Change Order, Unilateral Change Order or Modification Agreement. 15.5. As established by Florida Statute 218.74(2) payment for the purchase or lease of goods and services shall be made within forty-five (45) Days after the date a proper invoice is presented for payment to the Countys Finance Department, Clerk of the Circuit Court, as Accountant to the Board of County Commissioners and as Chief Disbursement Officer.
enroll in ePayables for a minimum of twelve (12) months. 17. PAYMENT TO SUBCONTRACTORS: By submission of an invoice, the Contractor certifies that all subcontractors and suppliers have been paid for work and materials from previous progress payments received (less any retainage) by the Contractor prior to receipt of any further progress payments. During the Contract Period and upon completion of the Contract, the County may request documentation to certify payment to subcontractors and/or suppliers. This provision in no way creates any contractual relationship between any subcontractor and the County or any liability on the County for the Contractors failure to make timely payment to the subcontractors and/or suppliers. 18. COUNTY AS INTENDED BENEFICIARY OF SUBCONTRACTS: The County shall be an intended substantial beneficiary of the written agreements between the Contractor and its subcontractors. 19. INJURY AND/OR DAMAGE CLAIMS: Should the County or the Contractor suffer injury or damage to its person or property because of any error, omission or act of the other or of any of its employees, agents or others for whose acts it is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 20. INDEMNIFICATION: 20.1. General Liability Indemnification with respect to any Work, Services and/or goods provided pursuant to this Contract, the Contractor shall be liable for the actions of its agents, employees, partners, or subcontractors and shall indemnify, defend, and hold harmless the County, and it officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys fees, arising from or relating to personal injury and/or damage to real or personal tangible property alleged to be caused, in whole or in part, by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the County. Patent and Copyright Indemnification - with respect to any Work, Services and/or goods provided pursuant to this Contract, the Contractor shall indemnify, defend, and hold harmless the County from any suits, actions, damages, and costs of every name and description, including attorneys fees, arising from or relating to violation or infringement of trademark, copyright patent, trade
16. PAYMENT TO CONTRACTOR BY VISA CREDIT CARD ACCOUNT (ePAYABLES): 16.1. If the Contractor is enrolled in the Countys ePayables electronic payment solution, all payments will be made using the ePayables electronic payment solution. The Contractor will be issued a VISA credit card account number with zero ($0) available funds until an invoice is approved by the County for payment. Once the County has approved payment, an electronic remittance advice will be sent to the Contractor via e-mail or fax along with approval for the Contractor to charge the VISA credit card account for that amount. The Contractor will only have the ability to charge up to the monetary limit available to the account. Once the Contractor is enrolled in ePayables electronic payment solution and then requests to opt out, the Contractor will not be eligible to re-
20.2.
16.2.
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secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Countys misuse or modification of Contractors products or Countys operation or use of Contractors products in a manner not contemplated by the Contract. If any product is the subject of an infringement suit, or in the Contractors opinion is likely to become the subject of such a suit, the Contractor may, at its sole expense, procure for the County the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure for the County the right to continue using the product, the Contractor shall remove the product and refund the County the amounts paid in excess of a reasonable rental for past use. The County shall not be liable for any royalties. 20.3. The Contractors obligations under the preceding two paragraphs with respect to any legal action are contingent upon the County giving the Contractor: (a) (b) written notice of any action or threatened action; the opportunity to take over and settle or defend any such action at Contractors sole expense; and assistance in defending the action at Contractors sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the County in any legal action without the Contractors prior written consent, which shall not be unreasonably withheld.
Activities in the Iran Petroleum Energy List. Both lists are created pursuant to section 215.473, Florida Statutes. The County reserves the right to terminate the Contract if the County discovers that the Contractor has submitted a false certification regarding the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List, and/or if, during the Contract Period, the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List. 23. FAILURE TO PERFORM: If, during the Contract Period, the Contractor should refuse or otherwise fail to perform any of its obligations under the Contract, the County reserves the right to obtain the goods, Services and/or Work from another contractor; and/or: (a) Terminate the Contract; and/or (b) Suspend/debar the Contractor from bidding on County procurements/contracts for a period of up to twenty-four (24) months; and/or (c) Pursue any and all other remedies available to the County. 24. CONTRACTOR WORKFORCE: 24.1. MUST HAVE LEGALLY AUTHORIZED
(c)
21. SUSPENSION OF WORK: Upon seven (7) Days written notice to the Contractor, the County may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and/or Project and terminate this Contract. In such case the Contractor shall be paid for all Work executed and/or goods delivered to and accepted by the County. 22. TERMINATION FOR CONTRACTOR BEING ON THE SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE SUDAN LIST AND/OR SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE IRAN PETROLEUM ENERGY LIST: Contractor is advised that section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of One Million Dollars ($1,000,000.00) or more, that are on either the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with
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Contractor is advised that the County has entered into an agreement (the IMAGE Agreement) with U.S. Immigration and Customs Enforcement (ICE) wherein the County will, in part, seek to promote the principles of ethical business conduct, prevent knowingly hiring unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE. Accordingly, by submitting its Bid, Contractor represents and warrants (a) that Contractor is in compliance with all applicable federal, state and local laws, including, but not limited to, the laws related to the requirement of an employer to verify an employees eligibility to work in the United States, (b) that all of Contractors employees are legally eligible to work in the United States, and (c) that the Contractor has actively and affirmatively verified such eligibility utilizing the Federal Governments Employment Eligibility Verification Form (the Form I-9). A mere allegation of Contractors intent to use and/or current use of unauthorized workers may not be a basis to delay the Countys award of a contract to the Contractor unless such an allegation has been determined to be factual by ICE prior to
24.2.
the date the Contract is scheduled to be awarded by the County. 24.3. Legitimate claims of the Contractors use of unauthorized workers must be reported to both of the following agencies: The Countys Compliance Services hotline at (813) 272-6554; and ICE (Immigration and Customs Enforcement) at 1-866DHS-2-ICE (1-866-347-2423). In the event it is discovered that the Contractors employees are not legally eligible to work in the United States, then the County may, in its sole discretion, demand that the Contractor cure this deficiency within a specified time frame, and/or immediately terminate the Contract without any cost or penalty to the County, and/or debar the Contractor from bidding on all County contracts for a period of up to 24 months, and/or take any and all legal action deemed necessary and appropriate. Contractor is encouraged (but not required) to incorporate the following IMAGE Best Practices into its business and, when practicable, incorporate verification requirements into its agreements with subcontractors: (a) Use the Department of Homeland Security employment eligibility verification program (E-Verify) to verify the employment eligibility of all new hires. Use the Social Security Number Verification Service and make a good faith effort to correct and verify the names and Social Security numbers of the current workforce. Establish a written hiring and employment eligibility verification policy. Establish an internal compliance and training program related to the hiring and employment verification process, to include, but not limited to, completion of Form I-9, how to detect fraudulent use of documents in the verification process, and how to use EVerify and the Social Security Number Verification Service. Require the Form I-9 and E-Verify process to be conducted only by individuals who have received appropriate training and include a secondary review as part of each employees verification to minimize (i) (e)
the potential for a single individual to subvert the process. Arrange for annual Form I-9 audits by an external auditing firm or a trained employee not otherwise involved in the Form I-9 process. Establish a procedure to report to ICE credible information of suspected criminal misconduct in the employment eligibility verification process. Establish a program to assess subcontractors compliance with employment eligibility verification requirements. Encourage contractors to incorporate the IMAGE Best Practices contained in this paragraph and, when practicable, incorporate the verification requirements in subcontractor agreements. Establish a protocol for responding to letters received from Federal and State government agencies indicating that there is a discrepancy between the agencys information and the information provided by the employer or employee; for example, no match letters received from the Social Security Administration. Establish a tip line mechanism (inbox, e-mail, etc.) for employees to report activity relating to the employment of unauthorized workers, and a protocol for responding to employee tips. Establish and maintain appropriate policies, practices, and safeguards against use of the verification process for unlawful discrimination, and to ensure that U.S. citizens and authorized workers do not face discrimination with respect to hiring, firing, recruitment or referral for a fee because of citizenship status or national origin. Maintain copies of any documents accepted as proof of identity and/or employment authorization for all new hires.
(f)
24.4.
(g)
24.5.
(h)
(b)
(c)
(j)
(d)
(k)
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25. STATEMENT OF ASSURANCE: During the performance of this Contract, the Contractor herein assures the County, that said Contractor is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Human Rights Act of 1977 in that the Contractor does not on the grounds of race, color national origin, religion, sex, age, disability or marital status, discriminate in any form or manner against said Contractors employees or applicants for employment. The Contractor understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Contractor herein assures the County that said Contractor will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. 26. HILLSBOROUGH COUNTY EQUAL OPPORTUNITY CLAUSE: APPLICABLE TO ALL CONTRACTS AND SUBCONTRACTS IN THE AMOUNT OF $10,000 OR MORE. 26.1. General: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or disability. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. Recruitment: The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability or marital status. Unions: The Contractor will send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advertising the labor union or worker's representative of the Contractor's commitments under this assurance, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
26.4.
Compliance Reports: The Contractor will maintain records and information assuring compliance with these requirements and shall submit to the designated County official timely, complete and accurate compliance reports at such times and in such form containing such information as the responsible official or Contractors designee may determine to be necessary to enable Contractor to ascertain whether the Contractor has complied or is complying with these requirements. The Contractor will permit access to its books, records and accounts by the County for purposes of investigation to ascertain compliance with such rules, regulations and orders. In general, the Contractor and subcontractors should have available racial and ethnic data showing the extent to which members of minority groups are beneficiaries under this Contract. Sanctions: In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further County contracts by rule, regulation or order of the Board of County Commissioners of Hillsborough County, or as otherwise provided by law. Subcontractors: The Contractor will include the provisions of paragraphs (24.1) through (24.6) in every subcontract under this contract so that such provisions will be binding upon each subcontractor. The Contractor will take such action with respect to any subcontractor as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Federal Requirements: In the event this Contract is paid in whole or in part from any federal governmental agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause. Applicable Statutes, Orders and Regulations: 26.8.1. Federal: (a) Section I of the Fourteenth Amendment to the United States Constitution. (b) Title VI of the Civil Rights Act of 1964. (c) Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 and 1975.
26.5.
26.6.
26.2.
26.7.
26.3.
26.8.
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(d) Civil Rights Acts of 1866 and 1870. (e) Standards for a Merit System Personnel Administration, 45 CFR 70. (g) Rehabilitation Act of 1973, P.L. 93-112. (h) Interagency Agreement dated March 23, 1973. (i) Executive Order 11914, Non-discrimination with Respect to the Handicapped in Federally Assisted Programs. (j) Age Discrimination Act of 1967, P.L. 94135 (k) Civil Rights Act of 1968, P.L. 90-284 (l) Veterans Readjustment Act. (m) Section 14001 of the Consolidated Omnibus Budget Reconciliation Act of 1985, (State and Local Assistance Act of 1972, as amended). (n) Office of Management and Budget Circular 102, Attachment O (o) Age Discrimination in Employment Act, as amended. (p) Civil Rights Restoration Act of 1987. (q) Federal Civil Rights Act of 1991. (r) Americans with Disabilities Act. (s) General Accounting Procedures, 45 CFR, Part 74 and/or Part 92. (t) Clean Air Act, 42 USC 1857(h), section 306. (u) Clean Water Act, 33 USC 1368, section 508. (v) Executive Order 11738. (w) Environmental Protection Regulations, 40 CFR, Part 15. 26.8.2. State: (a) State Constitution, Preamble and Article I, Section 2 protects citizens from discrimination because of race, national origin, or religion, national origin, sex or physical disability. (b) Florida Statutes, Chapter 112.042, requires non-discrimination in Agency (b) of
(f) Revised Order Number 4, 41 CFR 60-2.10.
employment by counties and municipalities, because of race, color, national origin, sex, handicap, or religious creed. (c) Florida Statutes, prohibits age employment. Chapter 112.043, discrimination in
(d) Florida Statutes Chapter 413.08, prohibits discrimination against the handicapped in employment. (e) Florida Statutes, Chapter 448.07, prohibits wage rate discrimination based on sex. (f) Florida Civil Rights Act of 1992, as amended. 26.8.3. Hillsborough County: (a) Hillsborough County Ordinance #0037, (Human Rights Ordinance) prohibits discrimination in housing, employment, public accommodations, and procurement and contracting. Hillsborough County Ordinance #839, (Home rule Charter) Article IX, Section 9.11, provides that no person shall be deprived or any right because of race, sex, age, national origin, religion, physical handicap, or political affiliation.
27. MAINTENANCE OF RECORDS: The Contractor will keep adequate records and supporting documentation applicable to this Contract. Said records and documentation will be retained by the Contractor for a minimum of six (6) years from the date of termination of this Contract or from the date of final payment under this Contract, whichever is longer (the Record Retention Period). The County and its authorized agents shall have the right to audit, inspect and copy all such records and documentation as often as the County deems necessary during the Contract Period and during the Record Retention Period. The Record Retention Period will be extended until audit findings are issued if an audit is initiated during the Record Retention Period. Such activity shall be conducted only during normal business hours. During the Record Retention Period, the County shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and documentation.
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28. CONTRACTOR USE OF HILLSBOROUGH COUNTY FOR MARKETING PROHIBITED: The Contractor shall in no way use any statements, whether written or oral, made by the Countys employees to market, sell, promote or highlight the Contractor and/or the Contractors product(s) and/or service(s) unless authorized to do so, in writing, by the County Administrator or his/her designee. In addition, the Contractor shall not use subjective or perceived interpretations, even if factual, regarding the County's opinion of the Contractors performance, product(s) and/or service(s) in any document, article, publication or press release designed to market, promote or highlight the Contractor and/or the Contractors product(s) and/or service(s). This does not prevent the Contractor from including the County on its client lists and/or listing or using the County as a reference. 29. HAND SANITIZER ORDINANCE (05-8): (This provision shall be applicable only if the Services and/or Work to be performed under this Contract will involve and/or require the use of portable restrooms.) Pursuant to Hillsborough County Ordinance 05-8, as amended, every portable restroom in service in Hillsborough County which does not have a hand washing facility located within the portable restroom must have an operable hand sanitizer dispenser containing sanitation liquid affixed to the inside of the portable restroom or immediately adjacent to the portable restroom. The Contractor is solely responsible for ensuring that any and all portable restrooms owned or leased by the Contractor are in compliance with the ordinance.
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SPECIAL TERMS AND CONDITIONS 1. BID COPIES: Bidders are requested to submit an original and two (2) copies of its Bid. Also, any manufacturer's specification sheets, brochures, or other printed supporting documents should be submitted in duplicate. Bids should be printed double-sided on recycled content paper with at least 35% post-consumer recycled content. BID OPENING: Pursuant to F.S. 119.071(2), Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Hillsborough County shall follow the preceding statutory provision when the Bids are opened. BASIS FOR AWARD: The County shall utilize the following procedures and criteria in determining the award for this Invitation to Bid: 3.1. This Invitation to Bid includes four (4) service options for Residential Collection Services, only one (1) of which will be selected by the Board of County Commissioners at the time of award. Bidders are required to bid on all service options for each Franchise District. Bidders who fail to provide a price on each service option for each Franchise District may be deemed non-responsive and their Bid rejected. The County reserves the right to select any, all, or none of the options listed in the Bidders Bid. The determination will be based on the pricing of the options, the Countys needs, and/or available funding. Each Bidder must document that it meets the minimum qualification requirements. If minimum requirements are not met, the Bid may be rejected. The maximum number of Franchise Districts that shall be awarded to any one Bidder shall be two (2) Franchise Districts. Franchises shall be awarded and the limitation on the number of Franchise Districts shall be determined in the following manner: 3.5.1. The amount of the Bid for each service option shall be placed into a matrix consisting of the five (5) Franchise Districts. 3.5.2. When all qualified Bids have been placed into the matrix, the lowest Bid for each Franchise District shall be noted and all other bids within each Franchise District shall be assigned a ranking number as compared with the lowest Bid amount. (That is, second lowest, third lowest, fourth lowest, etc.) The difference between the lowest Bid and the second lowest Bid in each Franchise District shall be calculated and noted on the matrix. 3.5.3. The first Franchise District to be awarded shall be the Franchise District within which there is the greatest difference between the lowest Bid and the second lowest Bid. The next Franchise District to be awarded shall be that Franchise District within which the next greatest difference appears and the order of awarding Franchise Districts shall continue determined by the descending order of the difference between the lowest and the second lowest Bid. 3.5.4. In the event of a tie between two (2) Franchise Districts of the difference between the lowest Bid and the second lowest Bid, the order of awarding as to the tied Franchise Districts shall go first to the Franchise District with the highest Residential Unit count. 3.5.5. Any Bidder that has reached the maximum limitation of two (2) Franchise Districts shall no longer be eligible to be awarded any additional Franchise Districts. In the event that the lowest Bid in a subsequent Franchise District to be awarded was submitted by a Bidder that is no longer eligible, the next lowest Bidder that is eligible shall be offered the opportunity to accept the Franchise District at the dollar amount of the lowest Bid in that Franchise District. If that Bidder does not accept the award of the Franchise District at the dollar amount of the lowest Bid, then the next lowest eligible Bidder shall be offered that opportunity, and this procedure shall continue until
2.
3.
3.2. 3.3. 3.4. 3.5.
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one of the eligible Bidders for that Franchise District accepts the award at the lowest Bid price or until all of the eligible Bidders have been offered that opportunity and none have accepted. If no eligible Bidder accepts the lowest Bid price then that Bid shall be eliminated from consideration and the next lowest Bid in the Franchise District shall now be the lowest Bid. This process shall continue until the lowest Bid is either that of an eligible Bidder or an eligible Bidder has accepted the lowest Bid of a Bidder that is no longer eligible, whichever occurs first. 3.5.6. In the event of any tie bids, preference shall be given in accordance with Purchasing Policy. 4. PURCHASE ORDER/CONTRACT: By submitting a Bid, the Bidder declares that it understands and agrees that Bidders Bid in addition to the Specifications, the Instructions to Bidders, the General Terms and Conditions, the Special Terms and Conditions, any Addenda issued and all applicable attachments to this Invitation to Bid shall become a valid contract between the County and the Successful Bidder upon award of a Contract. HILLSBOROUGH COUNTY GOVERNMENTAL PURCHASING COUNCIL: REFERENCE LAWS OF FLORIDA 69-1112 AND 69-1119: All Bids received by the County in response to this Invitation to Bid shall be considered as bids to members of the Hillsborough County Governmental Purchasing Council. Members, at their discretion, may utilize the Contract that results from this Invitation to Bid. Members may purchase the goods, Services and/or Work under the same terms and conditions as the Contract between the Successful Bidder and the County. Members will issue their own purchase orders, issue payments and coordinate the service locations with the Successful Bidder, as applicable. The Hillsborough County Governmental Purchasing Council consists of the following agencies: Childrens Board of Hillsborough County City of Tampa City of Temple Terrace Expressway Authority Hillsborough County Aviation Authority Hillsborough Community College Hillsborough County Sheriff State Attorneys Office Tampa Palms Community Development District Tampa Sports Authority 6. City of Plant City City of Tampa Housing Authority Clerk of the Circuit Court Hillsborough Area Regional Transit Authority Hillsborough County Board of County Commissioners Hillsborough County School Board Property Appraiser Supervisor of Elections Tampa Port Authority Tax Collector
5.
OPTIONAL PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Bidder in its Bid, the Bidder agrees to make available to all government agencies, departments, and municipalities the Bid prices submitted in accordance with the terms and conditions of this Invitation to Bid, should any governmental entity desire to buy under the Contract resulting from this Invitation to Bid. CONTRACT PERIOD FOR TERM CONTRACT: The Contract resulting from this Invitation to Bid will be in effect for a seven (7)-year period beginning October 1, 2013 at 12:01 a.m. and ending on September 30, 2020 at 11:59 p.m. RENEWAL OPTION: At the sole option of the County, through the Board of County Commissioners or designee, this Contract may be renewed for one (1) additional three (3)-year period at the same prices, terms and conditions. The County alone will determine whether or not this renewal option will be exercised based on its convenience and its best interest. TERMINATION FOR CONVENIENCE: The County reserves the right to terminate this Contract, in whole or in part, for the convenience of the County. Notification of termination shall be provided to the Contractor in writing by certified mail. The County shall pay the Contractor for any accepted goods, Services and/or Work provided by the Contractor to the County prior to Contractors receipt of said termination notice.
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7.
8.
9.
10. UNILATERAL EXTENSION PERIODS: The County, through its Director of Business & Support Services or designee, reserves the right to unilaterally extend the Contract Period or the renewal period of this Contract for up to three (3) additional one (1) month periods or any portion thereof, at the same terms and conditions. Notice of the County's intent to extend the Contract Period and/or the renewal period shall be provided by the County in writing to the Successful Bidder prior to the expiration of the Contract, or the renewal period. 11. INSURANCE REQUIREMENTS: Before starting performance under this Contract and until acceptance of the goods, Services and/or Work by the County, the Successful Bidder shall procure and maintain insurance of the types and to limits specified in this Invitation to Bid. 12. PERFORMANCE BONDS: When required by the Special Terms and Conditions and/or the Specifications, the Successful Bidder will execute a Performance Bond or furnish acceptable alternative forms of security as stipulated in the Special Terms and Conditions and/or Specifications as security for the faithful performance of all its obligations under the Contract. Each such Bond (or acceptable alternative) shall be in an amount as specified below and in such form and with such surety as is acceptable to the County. If the Contract is increased by Modification Agreement(s), the Performance Bond (or acceptable alternative) must be amended accordingly. 12.1. Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power of attorney. 12.2. A Performance Bond issued in a sum equal to $3,000,000 per each Franchise District awarded (a maximum of $6,000,000) by a surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida shall be required from the Successful Bidder to ensure the faithful performance of the obligations imposed by the Contract. The Performance Bond form will be included in the Contract Documents and must be properly executed by the surety company and the Successful Bidder and submitted to the County within ten (10) Days after notification by the County of award of the Contract. In lieu of the Performance Bond, the Successful Bidder may file with the County an alternative form of security which shall be in the form of money order, certified check, cashier's check, irrevocable letter of credit, or alternative securities of the type listed in Part II of Chapter 625, Florida Statutes. Such alternative forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the Performance Bonds. The determination of the value of such alternative forms of security shall be made by the County. 12.3. If within ten (10) Days after notification by the County of the Countys award of the Contract, the Successful Bidder refuses or otherwise neglects to execute the Agreement (if attached) and/or fails to furnish a Performance Bond (if required) or acceptable alternative forms of security as stipulated herein, the amount of the Successful Bidder's Bid security (check, Bid Bond or other) shall be forfeited and the same shall be retained by the County. No plea of mistake in the Bid or misunderstanding of the conditions of forfeiture shall be available to the Successful Bidder for the recovery of its Bid security or as a defense to any action based upon the neglect or refusal to execute the Agreement and/or written contract 13. MINIMUM QUALIFICATIONS: Contract award will be made only to responsive, responsible Bidder, in a financial position and with the qualifications and experience to perform the Services specified herein. Experience of the Bidders parent company and/or subsidiary companies will be considered. To ensure consideration of parent company experience, Bidders are encouraged to bid as the parent company, as in AllAmerican Waste dba Southeast Hauling. Bidder shall demonstrate proven ability to perform the Services described herein: a) Bidder shall have successfully provided residential and commercial solid waste collection service for at least three (3) years within the past five (5) years, with at least two (2) contracts serving 30,000 or more households each.
b) Bidder shall have provided exclusive residential service to at least three (3) counties or municipalities in the Southeast including curbside garbage, recycling, and yard waste within the past five (5) years.
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c)
Bidder shall have at least four (4) references that can verify that the Bidder has completed or is currently working on substantially similar projects with a minimum twelve (12) months continuous collection services within the last five (5) years. The "Schedule of Bidder's Qualifications" appended to the Bid form should be used by the Bidder to provide such information, as well as including any necessary documentation. If the Bidder uses its own form, the information provided must be in substantially the same format as the Schedule of Bidders Qualifications.
d) Bidder shall have an experienced senior management team. Each member of the senior management team shall have at a minimum five (5) years experience in Solid Waste Collection Services. The senior management team is defined as the Chief Executive Officer, Chief Operating Officer, and General Manager, or similarly titled positions. e) f) Bidder shall have the financial ability to service up to two (2) Franchise Districts for the term of the Franchise Agreement. Bidder shall disclose claims against the Bidder or any member of the senior management team relating to solid waste collection involving more than one hundred thousand dollars ($100,000) during the past five (5) years.
14. FINANCIAL GUARANTEE: Financial responsibility of a proposing downstream or subsidiary company must be guaranteed in writing by the parent company by endorsement of the Agreement as follows: In the event that (the Bidder) is unable to pay any claim payable within the time and in accordance with the terms and provisions set forth in the above-referenced agreement, the (Parent Company) herby agrees to make such payment therefore in accordance with the terms and provisions of such agreement. 15. DEMONSTRATION OF SUFFICIENT RESOURCES: Bidder shall demonstrate sufficient resources to provide the Services required for the term of the Franchise Agreement by supplying a list with the estimated number of Routes anticipated to provide Residential Collection Service (noted by collection type: Processable Waste, Recyclables, Yard Waste), the estimated number of homes per Route, service vehicles to be used (including type of vehicle, make, model, and year), and personnel needed to service the Routes. Resources anticipated to provide Special Collection Services should also be supplied. A separate demonstration should be made for each service level option.
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SPECIFICATIONS
The specifications contained in this section are intended to describe the goods, Services and/or Work to be provided by the Successful Bidder/Contractor. The following words and expressions (or pronouns) shall, wherever they appear in this Invitation to Bid and the Contract Documents, be construed as follows unless a different meaning is clear from the context: DEFINITIONS FOR SPECIFICATIONS: Apartment Complex shall mean any building or structure or group of any buildings or structures having common conveniences generally under one ownership, containing two (2) or more attached but independent dwelling units for human habitation, which structures and buildings are designed and constructed for the primary purpose of providing housing as a commercial enterprise for rental compensation and which one (1) or more of such units are generally nonowner occupied. Collection Frequency shall mean the number of times a type of collection service is provided to a customer each week. Commercial Collection Service shall mean the collection of commercial Solid Waste in Front-end/Roll-off Containers, whether compaction or non-compaction, as provided for in the Franchise Agreement, not including Construction and Demolition Debris and commercial Recyclables. Commercial Customer shall mean any Residential Unit or Commercial Establishment which receives Commercial Collection Service. Commercial Establishment shall mean all improved real property primarily used or designed for use for commercial, manufacturing, industrial, business or government activities and enterprises, including those properties currently under construction or destruction. Condominium shall mean any portion of a building or structure designed or constructed for and capable of use as a residence for one (1) family and such unit being owned under the Condominium concept of ownership and subject to the provisions of F.S. ch. 718. Construction and Demolition Debris (C&DD) shall mean discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Except as provided in F.S. 403.707(9)(j), yard trash not collected as part of the Residential Collection Service and unpainted, non-treated wood scraps and wood pallets from sources other than construction and demolition projects; (c) Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction and demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding, concrete, and similar materials from industrial or commercial facilities; and (d) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.
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Container shall mean a container of not greater than a forty-five (45) gallon capacity or less than ten (10) gallon capacity which shall be free of jagged or sharp edges and shall be watertight and of impervious and nonrusting materials, provided with two (2) side handles, a tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, and which shall not have any inside structures, inside bands for reinforcing, or anything to prevent the free discharge of the contents. The term container also means a waterproof bag which shall be of a type and size acceptable to the County. Department Director shall mean the Director of Hillsborough Countys Public Utilities Department. Designated Facility shall mean the facilities where the Solid Waste collected pursuant to this Franchise Agreement shall be delivered. Franchise shall represent the legal arrangement between the County and a Person to collect and transport Solid Waste from Residential Units and Commercial Establishments within the Service Area. Franchise Agreement shall mean the specific Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, all Addenda issued, the Bidders Bid, the Agreement, and all the attached documents identified in this Invitation to Bid for Residential and Commercial Solid Waste Collection Services. Franchise Collector (Franchisee) shall mean any Person awarded a Franchise by the Board of County Commissioners for the right to collect Solid Waste within the Service Area. Franchise District shall mean specified areas within the Service Area for which a Franchise is granted under the authority of County Code. [Exhibit 1 contains written legal descriptions of the Franchise Districts; Exhibit 2 contains graphical depictions of the Franchise Districts.] Front-end Container shall mean a container which is generally utilized with front-end type collection service and generally comes in sizes: one (1), two (2), three (3), four (4), six (6), and eight (8) cubic yards. Hazardous Waste shall mean solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under F.S. Chapter 407. Holidays shall mean New Years, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Missed Collection shall mean a collection that does not occur before 6:00 p.m. on the regularly scheduled collection Day, or in the case of a Special Collection, a collection which does not occur as agreed to between the Customer and the Franchise Collector. Mobile Home Park shall mean any improved real property divided into spaces for the erection and maintenance of trailers, manufactured housing, and mobile homes, permanent or temporary, in which the individual spaces are not individually owned. Nonprocessable Waste shall mean furniture such as couches, chairs, tables; bedding, such as mattresses and box springs and other similar items; white goods, such as refrigerators, ovens, water heaters, window air conditioning units and other similar appliances; motor vehicles and major vehicle parts; machinery, equipment or other metals. Person shall mean any or all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under laws of the state of Florida or any other state; any county of the state of Florida; and any government agency of the state of Florida or the Federal Government. Processable Waste shall mean any combustible Solid Waste, including, but not limited to, Putrescible Waste, cardboard, paper products, plastics and food containers.
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Program Recyclables shall mean the Recyclables collected as part of the Residential Collection Service under this Franchise Agreement and any amendments thereto. Public Lodging Establishments shall mean any building or structure or group of buildings or structures within a single complex of buildings, which is kept, used, maintained or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants. Public Utilities shall mean the Hillsborough County department responsible for Solid Waste management. Putrescible Waste shall mean all kitchen and/or table food waste, animal or vegetable waste that results from the storage, preparation, cooking or handling of food materials. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. Recovered materials as described in this definition are not Solid Waste. Recyclables shall mean those materials that are capable of being recycled and that would otherwise be processed or disposed of as Solid Waste. Recycling Bins shall mean bins, approximately eighteen (18) gallons in size, utilized by Residential Customers for the collection of Program Recyclables. [Technical specifications for Recycling Bins are provided in Exhibit 4.] Rejects shall mean materials, other than Residue, that cannot be processed into Recovered Materials. Residential Collection Service shall mean the regular curbside collection of Processable Waste, Program Recyclables, and Yard Waste as provided for in the Franchise Agreement. Residential Customer shall mean any Residential Unit or Commercial Establishment which receives Residential Collection Service. Residential Customer Roll shall mean the list developed by the County, and provided to the Franchise Collector, of Residential Customers receiving Residential Collection Service. Residential Units shall mean any building or structure designed or constructed for and capable of use as a residence for one or more families including, but not limited to, single-family homes, mobile homes, Condominiums, townhouses, Apartment Complexes, Public Lodging Establishments and other multifamily units. Roll Cart shall mean a container designed and intended to be used for automated or semi-automated Residential Collection Service. Roll-off Container shall mean a container which is generally utilized with roll-off type collection service, is open on the top with a door on the end, and generally comes in sizes 20, 25, 30, 35, and 40 cubic yards. Route shall mean the area which is serviced by a single collection vehicle on a single Day for Residential Collection Service. Sale shall mean any sale, exchange, barter or offer of sale. Service Area shall mean the Hillsborough County Solid Waste Management System Service Area which is the unincorporated areas of the County existing as of June 10, 1983. [A graphic depiction of the Service Area is provided in Exhibit 2.] Single-Family Residential Unit shall mean any building or structure designed or constructed for and capable of use as a residence for one (1) family regardless of the type of structure, unattached to similar structures, primarily for owner occupancy but from time to time may be rented or leased; such term includes a mobile home, manufactured housing, or trailer that is erected on a separate parcel of property.
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Single-Stream shall mean a recycling process that allows for Recyclable Materials to be collected commingled with no sorting required by residents, businesses or haulers. Solid Waste shall mean garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, or agricultural operations, governmental operations, and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, other common water pollutants, or any byproducts, the sale or reuse of which is intended by the Person from whose process they resulted. Special Collection Services shall mean any Solid Waste collection services provided to Residential Customers in addition to regular Residential Collection Service. System shall mean the Hillsborough County Solid Waste Management System. Ton shall mean a unit weight equal to 2,000 pounds. Yard Waste shall mean vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils. 1. INTRODUCTION: The Hillsborough County Public Utilities Department is seeking Bids for an exclusive Franchise for Residential Collection Services and Special Collection Services, and the exclusive right to compete with other Franchise Collectors for Commercial Collection Services according to the provisions of this document. The County is seeking bid prices for four (4) different service options for the Residential Collection Services. Selection of which service option to implement shall be a Board of County Commissioners decision. The County will enter into a Franchise Agreement with multiple vendors (Franchise Collectors) to provide the Services described in this Invitation to Bid. The Franchise Collector will be responsible for the complete delivery of the required Services. The County will not accept alternative proposals that are outside the scope of this Invitation to Bid. 2. BACKGROUND: The Service Area of Hillsborough County encompasses approximately 250,000 households, and is currently divided into three (3) franchise districts each being serviced by a different franchise collector. The collection system in the County has existed in its current form since 1996. In 2006, changes to these franchise agreements were negotiated to gain a fairer pricing arrangement and higher collection performance standards; however, specific services were not fundamentally altered. County Residential Customers currently receive the following services: Processable Waste Collection: Two (2) collections per week; maximum of three (3) customer-owned thirty-five (35) gallon containers per collection. Program Recyclables Collection: One (1) collection per week; two (2) fourteen (14) gallon bins provided by the franchise collector; one (1) bin for aluminum, steel, plastic, and glass containers; one (1) bin for recyclable fiber products. Yard Waste Collection: One (1) collection per week; maximum of two (2) cubic yards, bundled, stacked, or containerized in customer-owned containers. Special Services Collection: Collection is provided on an on-call basis at an additional price charged directly to the customer by the franchise collector at the time of the service. Bulky item pickup, oversize/large volumes of waste, and backdoor service are provided for via Special Services Collection.
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Provided below are the quantities of Processable Waste, Recyclable Materials, and Yard Waste collected through Residential Collection Services in the County in FY2011 (October 2010 September 2011). Type of Waste Processable Waste Recyclable Materials Yard Waste Total Tonnage for FY2011 256,424.86 30,609.45 71,760.99
Under the new Franchise Agreement, Program Recyclables will be collected Single-Stream. In addition, the Service Area will be reapportioned into five (5) Franchise Districts. Written legal descriptions and graphical depictions of the Franchise Districts are provided in Exhibits 1 and 2, respectively. A vendor may be awarded, at most, two (2) Franchise Districts. The five (5) Franchise Districts designated have the following number of Residential Customers as of FY2011. The actual number of Residential Customers will vary during the term of the Franchise. Number of Residential Customers (FY2011) District #1 District #2 District #3 District #4 District #5 49,444 49,303 48,533 50,467 49,028
Currently, all Commercial Collection Services are provided in a restricted open-market system, which allows Commercial Customers to contact any of the Franchise Collectors for Solid Waste services, negotiating pricing on an individual basis. This system will be retained under the new Franchise Agreement. 3. SCOPE OF WORK/TECHNICAL SPECIFICATIONS: 3.1. Countys Ownership of Solid Waste and Recyclables Materials 3.1.1. The County shall, at all times, hold title and ownership to all Solid Waste, including Processable Waste, Nonprocessable Waste, Yard Waste, and all other Solid Waste collected by the Franchise Collector pursuant to the Franchise Agreement. The Franchise Collector shall deliver such waste to a Designated Facility. There shall be no preprocessing of these materials allowed. The County shall, at all times, hold title and ownership to all residential Program Recyclables until said materials are delivered by the Franchise Collector to a Designated Facility. Neither the Franchise Collector nor its employees shall have the right to take, keep, alter, or remove said Program Recyclables. The Franchise Agreement provides the Franchise Collector an exclusive Franchise to provide Residential Collection Service and Special Collection Service within the designated Franchise District. The Franchise Collector shall have the sole right and responsibility for providing Services in compliance with the requirements set forth in the Franchise Agreement.
3.1.2.
3.2.
Franchise Agreement 3.2.1.
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3.2.2.
The Franchise Agreement provides the Franchise Collector the opportunity to compete with the other Franchise Collectors exclusively to provide Commercial Collection Service throughout the Countys Service Area. The Franchise Collector shall negotiate terms and conditions of the Commercial Collection Service with the Commercial Customer within limitations provided by the Franchise Agreement. The Franchise Collector shall offer commercial Recyclables collection to all its Commercial Customers in the Service Area and provide such collection upon request by the Customer, the County, or through the solicitation efforts of the Franchise Collector. However, commercial Recyclables collection is not exclusive to the Franchise Collector in the Service Area. The Franchise Collector shall cooperate with any commercial recycling haulers providing services to Commercial Customers in the Service Area. To be considered commercial Recyclables, a commercial container may contain only a de minimis amount of Solid Waste. If a commercial container contains more than a de minimis amount of Solid Waste, all materials in the container shall be considered Solid Waste and shall be delivered to a Designated Facility for disposal. The Franchise Agreement does not grant the Franchise Collector the exclusive right to provide collection for C&DD in Front-end/Roll-off Containers or Hazardous Waste. The Franchise Collector shall not be required to offer such services, but may offer such services in strict compliance with all applicable law.
3.2.3.
3.2.4.
3.3.
Residential Collection Service Level Options The County is requesting bid prices for four (4) different service options for Residential Collection Service. Bidders must submit prices for all five (5) Franchise Districts and all four (4) service options within each Franchise District. The four (4) tables below summarize the Residential Collection Service required for each service option. 3.3.1. Service Option #1 (SO#1): Residential 2-1-1 Manual Collection Service Type of Service Processable Waste Level of Service Twice weekly manual collection of up to three (3) resident-provided Containers, not to exceed fifty (50) pounds each. Once weekly manual collection of Franchisee-provided Recycling Bins, collected on the same day as one of the Processable Waste collections. Once weekly collection in resident-provided Containers, or properly prepared bundles, including stumps, not to exceed forty (40) pounds each. Branches, limbs and stumps not to exceed four (4) feet in length and six (6) inches in diameter. The use of plastic bags is discouraged. Collected on the other Processable Waste collection Day.
Program Recyclables
Yard Waste
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3.3.2.
Service Option #2 (SO#2): Residential 2-1-1 Automated Collection Service Type of Service Processable Waste Program Recyclables Level of Service Twice weekly automated collection in ninety-five (95) gallon Roll Carts. Once weekly automated collection in sixty-five (65) gallon Roll Carts, collected on the same day as one of the Processable Waste collections. Once weekly collection in resident-provided Containers, or properly prepared bundles, including stumps, not to exceed forty (40) pounds each. Branches, limbs and stumps not to exceed four (4) feet in length and six (6) inches in diameter. The use of plastic bags is discouraged. Collected on the other Processable Waste collection Day.
Yard Waste
3.3.3.
Service Option #3 (SO#3): Residential 1-1-1 Automated Collection Service Type of Service Processable Waste Program Recyclables Level of Service Once weekly automated collection in ninety-five (95) gallon Roll Carts. Once weekly automated collection in sixty-five (65) gallon Roll Carts, collected on the same day as Yard Waste. Once weekly collection in resident-provided Containers, or properly prepared bundles, including stumps, not to exceed forty (40) pounds each. Branches, limbs and stumps not to exceed four (4) feet in length and six (6) inches in diameter. The use of plastic bags is discouraged.
Yard Waste
3.3.4.
Service Option #4 (SO#4): Residential 1--1 Automated Collection Service Type of Service Processable Waste Program Recyclables Level of Service Once weekly automated collection in ninety-five (95) gallon Roll Carts. Every other week automated collection in ninety-five (95) gallon Roll Carts, collected on the same day as a Yard Waste collection. Once weekly collection in resident-provided Containers, or properly prepared bundles, including stumps, not to exceed forty (40) pounds each. Branches, limbs and stumps not to exceed four (4) feet in length and six (6) inches in diameter. The use of plastic bags is discouraged.
Yard Waste
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3.4.
Hours and Days of Collection 3.4.1. Residential collection shall take place between 6:00 a.m. and 6:00 p.m., Monday through Saturday for SO#1/SO#2 and Monday through Friday for SO#3/SO#4, except for Holidays. Collection shall be permitted until 8:00 p.m. and/or on Saturdays during a Holiday collection schedule. Holiday schedules shall be approved by the Project Manager. Commercial collection shall take place between 3:00 a.m. and 9:00 p.m., Monday through Saturday, except for Holidays. However, in the event the Commercial Customers property is located 500 feet or less from any Residential Unit, the hours of collection shall be the same as the residential collection identified above. The following Days shall be the Countys designated Holidays: New Years Day; Memorial Day; Fourth of July; Labor Day; Thanksgiving; and Christmas. The Countys Designated Facilities will be closed on Holidays. The Franchise Collector shall not be required to provide collection services or maintain office hours on Holidays. For SO#1/SO#2, the collection schedule is not changed following a Holiday. For SO#3/SO#4, when a Holiday falls on a regularly scheduled collection Day, collection shall be one Day after the normally scheduled collection Day for rest of the week. The Franchise Collector shall deliver all Solid Waste to a Designated Facility. Such facilities shall be open a minimum of 60 hours per week, 7:30 a.m. to 5:30 p.m., Eastern Time, Monday through Saturday, except Holidays or as otherwise necessary. The County may extend hours for Designated Facilities following a Holiday in order to accommodate the Holiday collection schedule. The County may designate additional facilities during the term of the Franchise Agreement. If the County designates an additional facility, the County shall provide written notice to the Franchise Collector. In the event the Franchise Collector is directed by the Department Director to a less convenient facility for a period longer than fourteen (14) consecutive Days, the Department Director shall negotiate compensation to the Franchise Collector for additional costs incurred as a result of such a diversion, where such additional costs can be documented to the Department Directors satisfaction. The Systems Designated Facilities are graphically depicted in Exhibit 3 and are as follows: Processable Waste Northwest County Transfer Station 8001 W. Linebaugh Avenue Tampa, Florida 33625 Resource Recovery Facility 350 N. Falkenburg Road Tampa, Florida 33619 South County Transfer Station 13000 U.S. Highway 41 Gibsonton, Florida 33534 Nonprocessable Waste Southeast County Landfill 15960 County Road 672 Lithia, Florida 33547
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3.4.2.
3.4.3.
3.4.4.
3.5.
Designated Facilities 3.5.1.
3.5.2.
3.5.3.
Program Recyclables This facility shall be located within ten (10) aerial miles of the Resource Recovery Facility. Yard Waste Northwest County Yard Waste Facility 8001 W. Linebaugh Avenue Tampa, Florida 33625 Falkenburg Yard Waste Facility 350 N. Falkenburg Road Tampa, Florida 33619 South County Yard Waste Facility 13000 U.S. Highway 41 Gibsonton, Florida 33534 3.6. General Collection 3.6.1. Restrictions on Collection of Mixed Loads 3.6.1.1. Processable Waste, Program Recyclables, Yard Waste, and Nonprocessable Waste shall each be handled separately by the Franchise Collector at all times during the collection process and shall not be commingled, unless such action is approved in advance by the Project Manager. If necessary, the Project Manager may designate other materials that shall be handled separately under the Franchise Agreement. 3.6.1.2. The Franchise Collector shall not combine Processable Waste, Program Recyclables, Yard Waste, Nonprocessable Waste, or other materials collected in the Service Area with Solid Waste, Recyclables, or other materials collected outside of the Service Area, unless such action is approved in advance by the Project Manager. 3.6.1.3. The Franchise Collector shall not combine Processable Waste, Program Recyclables, Yard Waste, Nonprocessable Waste or other materials generated by Residential Customers with any Solid Waste, Recyclables, or other material generated by any other customers, unless such action is approved in advance by the Project Manager. 3.6.2. Spillage and Littering 3.6.2.1. The Franchise Collector shall not litter or cause any spillage to occur upon the premises or the right-of-way wherein the collection and transport of materials shall occur. During transportation, all collected Solid Waste shall be contained, tied, or enclosed so that leaking, spilling and blowing is prevented. 3.6.2.2. In the event of any confirmed spillage/leakage from a Franchise Collector vehicle, the Franchise Collector shall promptly, at least within twenty-four (24) hours, clean up all spillage/leakage at no cost to the County. The Franchise Collector is responsible to clean such spills to the satisfaction of the Project Manager up to, and including, resealing or resurfacing depending on the severity of the spill. If the Franchise Collector can prove to the County that the responsibility for the spillage/leakage belongs with a third party, then the Franchise Collector will not be responsible for the cleanup.
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3.7.
Residential Collection 3.7.1. General Conditions 3.7.1.1. By 6:30 p.m. on each service Day, the Franchise Collector shall send an e-mail to the County verifying Route completion. The e-mail shall state whether the Routes are complete or not complete. A Route shall be deemed incomplete if more than 3% of Residential Customers have not received collection service. 3.7.1.2. The Franchise Collector shall provide Residential Collection Service to Residential Customers located on privately maintained roadways pursuant to the terms of Hillsborough County Code. 3.7.1.3. There shall be no charge to the Franchise Collector for the disposal of Processable Waste, Yard Waste, or Nonprocessable Waste collected from Residential Customers. 3.7.1.4. The Franchise Collector shall be responsible for the proper handling of any white goods that the Franchise Collector collects. The Franchise Collector shall not crush or compact any white goods and shall take appropriate steps to control the release of Freon, coolants, and other similar materials. 3.7.1.5. All Containers/Roll Carts shall be completely emptied and placed back in an upright position at the point where collected. Containers with an unattached lid shall be completely emptied and placed back in an upright or inverted position with the lid set on top, or placed beside the Container, at the point where collected. 3.7.2. Program Recyclables 3.7.2.1. Residential Program Recyclables shall be delivered to the Designated Facility. There will be no charge for tipping the materials. 3.7.2.2. The Franchise Collector shall not collect Solid Waste which is not a Program Recyclable if this Solid Waste is clearly visible in the Recycling Bin/Roll Cart at the time of collection. The Franchise Collector shall leave, in the Recycling Bin/Roll Cart, the Solid Waste which is not a Program Recyclable, along with a County-approved notice explaining the reason for non-collection. 3.7.2.3. If a load of Program Recyclables delivered to the Designated Facility is rejected, the Franchise Collector shall be responsible for the disposal of all rejected materials at its cost. The process for rejection is as follows: 1) The processor shall have the right to reject loads of Program Recyclables that contain more than twenty percent (20%) Rejects by volume or that contain any amount of Hazardous Waste. Processor shall immediately notify the Franchise Collector and Project Manager or designee if a load is rejected and shall keep the entire load segregated from other materials for inspection. 2) If the Franchise Collector concurs with the processor that the load in question contains more than twenty percent (20%) Rejects by volume, the Franchise Collector will be responsible for disposal of rejected materials at its cost. 3) If the Franchise Collector disputes the processors claim that the load contains more than twenty percent (20%) Rejects by volume, the Project Manager or designee will determine whether the load contains more than twenty percent (20%) Rejects by volume based on a visual
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inspection. Should the Project Manager or designee concur with the processor, the Franchise Collector will be responsible for disposal of rejected materials at its cost. Should the Project Manager or designee determine that such load does not contain more than twenty percent (20%) Rejects by volume, the materials will be accepted by the processor. The Project Manager or designee shall provide the final determination as to whether or not the load contains more than twenty percent (20%) Rejects by volume. 4) If any Hazardous Waste is detected in any Program Recyclables delivered to the Designated Facility, in addition to immediately notifying the Franchise Collector and Project Manager, the processor shall note the incident by taking a photograph of the Hazardous Waste load and the truck, including the truck number that delivered the Hazardous Waste. Unless otherwise advised by the Project Manager, the processor shall properly isolate and containerize all Hazardous Waste detected in any Program Recyclables in accordance with all applicable law. After the processor has isolated and contained all such Hazardous Waste, the Franchise Collector shall, at its sole cost and expense, dispose of the Hazardous Waste in accordance with all applicable law. 3.7.3. Yard Waste Collection 3.7.3.1. The Franchise Collector shall exercise care to ensure that the contamination of the collected Yard Waste is kept to a minimum. In the event that a load of collected Yard Waste delivered to the Designated Facility contains more than the County established acceptable amount of Solid Waste which is not Yard Waste, the County has the right to reject the load. 3.7.3.2. The Franchise Collector shall remove the Yard Waste from any plastic bag used as a Container before placing the Yard Waste in the collection vehicle. The Franchise Collector shall retain the plastic bag on the collection vehicle separate from the Yard Waste for later disposal as Processable Waste or return it to the Residential Customers Container if the Processable Waste had not yet been collected. 3.7.4. Customer-Provided Containers The Franchise Collector shall replace a Customer's personal Container within three (3) Days after being notified by the Project Manager or customer that the customer's Container was damaged by the Franchise Collector. The Franchise Collector shall provide a replacement Container (as applicable) that is similar in style, material, quality, and capacity to the Customer's original Container. 3.7.5. Recycling Bins (SO#1) 3.7.5.1. Existing Residential Customers have been issued two (2) Recycling Bins for Program Recyclables. During the term of the Franchise Agreement the Franchise Collector shall have complete responsibility for the purchase, distribution, and replacement of Recycling Bins for Residential Customers. Replacement Recycling Bins must meet the specifications provided in Exhibit 4. All replacement Recycling Bins shall be County-approved. 3.7.5.2. The Franchise Collector shall provide, at no cost, up to four (4) replacement Recycling Bins to any Residential Customer whose Recycling Bin is: (1) lost or stolen; and/or (2) rendered unserviceable through normal wear and tear of
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collection services. For any customer who exceeds four (4) Recycling Bins during the seven (7) year term of the Franchise Agreement, the Franchise Collector may charge the Residential Customer a delivery fee of ten dollars ($10) for each additional replacement Recycling Bin required. 3.7.5.3. The Franchise Collector shall provide two (2) Recycling Bins for new Residential Customers along with an information package provided by the County as new Residential Customers are added to the Residential Customer Roll. 3.7.5.4. The Franchise Collector shall be responsible for maintaining an inventory of Recycling Bins. New or replacement Recycling Bins shall be delivered to the Residential Customer in no more than three (3) Days from the date of request. 3.7.6. Roll Carts (SO#2/SO#3/SO#4) 3.7.6.1. The County will be responsible for the initial purchase, assembly, and distribution of Roll Carts to all Residential Customers within the Service Area prior to October 1, 2013. The Roll Carts will be from a major manufacturer, designed for both U.S. standard semi- and fully-automated collection equipment, and carry a 10-year warranty from manufacturer defects. 3.7.6.2. The County will equitably stock and distribute to the Franchise Collector an initial quantity of Roll Carts for inventory purposes estimated at two percent (2%) of the Franchise District, or 1,000 Processable Waste and 1,000 Recycling Roll Carts. Initial cart inventories may be redistributed across Franchise Districts at the Project Managers discretion. After the initial inventory has been depleted, the Franchise Collector will be responsible for maintaining satisfactory Roll Cart inventory from the Countys supplier. Replacement carts must match County specifications. 3.7.6.3. The Franchise Collector shall be responsible for Roll Cart maintenance, repair, warranty recovery, and delivery/removal to Residential Customers beginning October 1, 2013. Roll Carts purchased by the Franchise Collector shall become the property of the County when the Roll Carts are delivered to a Residential Customer. 3.7.6.4. The County will maintain an asset database of all Roll Carts procured by the County or Franchise Collector. The database will include serial number, size, RFID tag number, and location. The Franchise Collector will be responsible for reporting and tracking the movement of all Roll Carts including deliveries, removals, repairs, and warranty recovery to the Project Manager. 3.7.6.5. The Franchise Collector shall repair or replace a Roll Cart upon receiving notice from the Project Manager or Customer of the need for repair, or identified unserviceable by the Franchise Collector. 3.7.6.6. If the Franchise Collector can prove that a damaged Roll Cart is the fault of the Customer, the Franchise Collector may charge the Residential Customer a fee of fifty dollars ($50) to replace the damaged Roll Cart. 3.7.6.7. If a Roll Cart is reported stolen, lost, or missing, the Residential Customer files a claim with the Hillsborough County Sheriffs Department, and provides a copy of the Sheriffs report to the Franchise Collector, the Franchise Collector shall replace the Roll Cart at no charge. If a claim is not filed, the Franchise Collector may charge the Customer a fee of fifty dollars ($50). The Franchise Collector shall make reasonable effort to track and locate all lost Roll Carts. If a Roll Cart is unable to be located after sixty (60) Days from the date a claim was filed, the County will reimburse the Franchise Collector fifty dollars ($50) for the stolen,
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lost, or missing cart. To receive reimbursement, the Franchise Collector shall submit a copy of the Sheriffs report to the County. 3.7.6.8. If a customer generates large quantities of waste and requests a second Roll Cart to accommodate it, the Franchise Collector shall provide an additional Roll Cart. The Franchise Collector may charge the Residential Customer a fee of thirty dollars ($30) for each additional Roll Cart required. There shall be no charge for the additional collection service. The Franchise Collector shall notify the Project Manager of the customers use of an additional Roll Cart. 3.7.6.9. Franchise Collector shall be responsible for the assembly and distribution of Roll Carts along with an information package provided by the County as new Residential Customers are added to the Residential Customer Roll. 3.7.6.10. All new or replacement Containers shall be delivered to the Residential Customer in no more than three (3) Days from the date of request. 3.7.6.11. County-purchased Roll Carts shall not be used for any type of commercial application. 3.7.7. Backdoor Service 3.7.7.1. The Franchise Collector shall provide backdoor service for disabled Persons, as specified by the County, at no additional cost to the County or customer. The point of collection for backdoor service shall be the customer's back yard, side yard, or other location that is mutually acceptable to the Franchise Collector and the customer. The Franchise Collector shall provide backdoor service on the scheduled collection Day when Residential Collection Service would otherwise be provided to the Customer. 3.7.7.2. Backdoor service for individuals not designated by the County may be negotiated between the Franchise Collector and the Residential Customer. The County will not pay for the additional service. 3.7.8. Special Collection Services 3.7.8.1. The Franchise Collector shall provide Special Collection Services to Residential Customers at an on-call basis. Special Collection Services shall include services that are not included as part of regular Residential Collection Service including, but not limited to:
Curbside collection of Nonprocessable Waste; Curbside collection of oversized or large volumes of Processable Waste or Yard Waste; Backdoor service for individuals who are not approved by the County to receive complimentary service; and Residential Collection Service provided on a roadway that is not publicly maintained, excluding those Residential Customers located on a privately maintained roadway as identified in Section 130-21(j) of Hillsborough County Code.
3.7.8.2. The Franchise Collector shall complete all requests for Special Collection Services received from Residential Customers within three (3) Days of the Residential Customers request or on the specific date agreed to by the Franchise Collector and the Residential Customer.
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3.7.8.3. Special Collection Services shall be provided according to the pricing schedule in Exhibit 7. Prices for Special Collection Services are approved by the County and may be periodically adjusted. 3.7.9. Procedures for Non-Collection 3.7.9.1. In the event that the Solid Waste placed out for collection contains Hazardous Waste, the Franchise Collector shall not be required and shall be prohibited from collecting and disposing of Hazardous Waste and a non-collection notice shall be placed on the Container/Roll Cart explaining why collection was not made. 3.7.9.2. In the event that the Solid Waste placed out for collection does not comply with set out procedures pursuant to the Franchise Agreement or County Code, the Franchise Collector is not required to collect it. If the Franchise Collector elects to not collect such materials, a non-collection notice shall be placed on the Container/Roll Cart or non-conforming materials explaining why collection was not made. 3.7.9.3. In the event that Program Recyclables are contaminated through commingling with Solid Waste, the Franchise Collector shall, if practical, collect the Program Recyclables and leave the Solid Waste in the Recycling Bin/Roll Cart along with a non-collection notice explaining why the Solid Waste was not collected. However, in the event that the Program Recyclables and Solid Waste are commingled to the extent that they cannot easily be separated by the Franchise Collector, or the nature of the Solid Waste renders the entire Recycling Bin/Roll Cart contaminated, the Franchise Collector shall leave all the materials along with a non-collection notice explaining why collection was not made. 3.7.9.4. The design and content of non-collection notices must be approved by the Project Manager. 3.7.10. If the Project Manager or customer notifies the Franchise Collector about a Missed Collection before 12:00 p.m., the Franchise Collector shall return to the customer's premises by 6:00 p.m. the same day and collect all of the Solid Waste or Recyclable Materials that have been set out for collection. If the Franchise Collector is notified about a Missed Collection after 12:00 p.m., collection shall be made by 12:00 p.m. the following Day. All Missed Collections shall be noted as a complaint. 3.7.11. Residential Opt-Out Customers Residential Units that are subject to the Countys Solid Waste Disposal Assessment may select Commercial Collection Service. As a Commercial Customer, the Residential Unit may choose any one of the Franchise Collectors to be their service provider. The Franchise Collector that provides the Commercial Collection Service will not bill this Residential Unit for disposal. Instead, the County shall credit the Franchise Collector for the disposal based on the following format. 3.7.11.1. For Front-end Container service, the Franchise Collector shall be credited based on the number and size of Front-end Containers collected from the Commercial Customers subject to the Solid Waste Disposal Assessment. The credit shall amount to the number of Tons of Solid Waste collected times the tipping fee established by the County. The conversion rate for cubic yards to Tons shall be one hundred five (105) pounds per cubic yard. 3.7.11.2. For Roll-off Container service, the Franchise Collector providing service to Commercial Customers subject to the Solid Waste Disposal Assessment must
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present approved waiver letter at the Designated Facility to be processed as residential waste. Failure to present the waiver will result in the load being billed at the established per Ton rate. 3.8. Commercial Collection 3.8.1. The size of the commercial container and the Collection Frequency shall be determined by the Commercial Customer. However, the size of the container and the Collection Frequency shall be sufficient to ensure that no Solid Waste is placed outside the container, falls out of the container, or becomes a nuisance situation for the general public or other commercial entities. The minimum frequency of Processable Waste collection shall be once per week with collection not more than seven (7) Days apart, unless a Holiday necessitates a delay. The Franchise Collector shall equip all commercial collection containers serviced with Ultra High Frequency (UHF) Radio Frequency Identification (RFID) tags. Technical specifications for the Franchise Collectors RFID tags are located in Exhibit 5. All Commercial Customer collection containers shall be kept on private property in a place easily accessible to the Franchise Collector and in such locations as to prevent a nuisance condition to inhabitants and the general public. Containers shall be set back from adjacent properties or rights-of-way as determined by the County. Adequate screening from public view shall be provided either by locating the container as close to the building as possible or by providing other concealment to be least noticeable from a public thoroughfare. The container shall be placed so as to not interfere with the movement of pedestrian and vehicular traffic. Franchise Collector shall offer recycling collection to all Commercial Customers to which they provide Solid Waste collection. In addition, Franchise Collector shall provide recycling collection in the Service Area upon request by a Customer or County, or through the solicitation efforts of the Franchise Collector. However, commercial recycling services are not exclusive to the Franchise Collector in the Service Area. In those situations when the Commercial Customer chooses to lawfully receipt of Commercial Collection Service from one Franchise Collector Franchise Collector, each Franchise Collector shall work cooperatively to there is an efficient transition of Commercial Collection Service so the Customer is not negatively impacted by the transition. Commercial Collection Service Contracts 3.8.6.1. Any and all contracts that provide Solid Waste collection service, disposal, and/or related Solid Waste services between the previous Franchise Collectors and Commercial Customers shall be null and void as of 11:59 p.m. on September 30, 2013. 3.8.6.2. The Franchise Collector shall not begin to negotiate Commercial Collection Services with Commercial Customers until April 1, 2013. The Franchise Collector shall not enter into an initial contract for Commercial Collection Services with a Commercial Customer until June 1, 2013. The Franchise Collector cannot commence providing service until October 1, 2013 in accordance with the Commercial transition schedule. 3.8.6.3. The term of any contract for Commercial Collection Services between the Franchise Collector and a Commercial Customer shall not extend past the term of the Franchise Agreement. change the to another ensure that Commercial
3.8.2.
3.8.3.
3.8.4.
3.8.5.
3.8.6.
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3.9.
Franchise Collectors Relationship with the County 3.9.1. The Franchise Collector shall cooperate with the County in every reasonable way to facilitate the successful completion of the activities contemplated under the Franchise Agreement. The County shall have twenty-four (24) hour access to the Franchise Collectors General Manager, Operations Manager, or designee. To promote the highest level of customer service, the Project Manager may meet monthly with the Franchise Collector for the purpose of: Ensuring that the Franchise Agreement, Solid Waste Ordinances, and applicable law are being interpreted correctly; Addressing any problem the Franchise Collector may be experiencing while performing the Franchise Agreement responsibilities; and Discussing any ideas that may enhance Solid Waste collection services.
3.9.2.
The County Reserves the right to increase the frequency of these meetings as needed. 3.10. Personnel 3.10.1. The Franchise Collector shall use competent, qualified, sober personnel to provide the Services required by the Franchise Agreement. The Franchise Collector shall devote sufficient personnel, time, and attention to its operations under the Franchise Agreement to ensure that its performance will be satisfactory to the County. 3.10.2. The General Manager shall be the primary point of official contact on behalf of the Franchise Collector for all technical and administrative matters pertaining to the Franchise Agreement. The General Manager shall be responsible for overseeing and implementing the Franchise Collectors performance under the Agreement. 3.10.3. Franchise Collector shall appoint one (1) or more Operations Managers within sixty (60) Days from the Notice to Proceed. The Operations Manager(s) shall oversee the Franchise Collectors day-to-day operations and collection services under the Franchise Agreement. 3.10.4. The Franchise Collector shall furnish each employee with an appropriate means of identifying him or her as an employee of the Franchise Collector (e.g., a uniform with a name tag and company logo). The Franchise Collectors employees shall wear the identification at all times while on duty. 3.10.5. All of the Franchise Collectors personnel shall maintain a courteous and respectful attitude toward the public at all times. The Franchise Collector shall instruct its employees to avoid loud or profane language at all times during the performance of their duties under the Franchise Agreement. Franchise Collectors employees shall not conduct themselves in a negligent, disorderly, or dishonest manner. 3.10.6. The Project Manager reserves the right to disapprove and request removal of any Franchise Collector personnel assigned to the Countys work. Such disapproval or request shall be for reasonable cause only and shall be addressed in writing to the Franchise Collectors General Manager. Notwithstanding the foregoing, the Franchise Collector shall not be required to take any action with regard to the Franchise Collectors personnel that would violate any applicable law. 3.11. Employee Training and Licenses 3.11.1. All of the Franchise Collectors employees shall be qualified and appropriately trained for the tasks assigned to them. The Franchise Collector shall provide refresher courses and additional training to its employees, as needed, to ensure compliance with the
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requirements of the Franchise Agreement and all applicable law. The County has the right to review the Franchise Collectors training records. 3.11.2. At all times when operating vehicles or equipment pursuant to the Franchise Agreement, the Franchise Collectors employees shall carry a valid Florida driver's license for the type of vehicle or equipment being operated. 3.12. Franchise Collectors Safety Program 3.12.1. The Franchise Collector shall develop, implement, and maintain a safety plan for all of its operations under the Franchise Agreement. The safety plan shall comply with the requirements in ANSI standards for Solid Waste collections operations and equipment, OSHA, and all other applicable law. The Franchise Collector shall comply with its safety plan at all times. A copy of the safety plan shall be provided to the Project Manager upon request. 3.12.2. The Franchise Collector shall appoint an employee who is qualified and authorized, as defined by ANSI and OSHA, to supervise and enforce safety compliance. 3.12.3. The Franchise Collector shall provide routine safety training to all of its employees, in compliance with ANSI, OSHA, and all other applicable law. Documentation of the Franchise Collectors training programs, and the successful training of each employee, shall be maintained on file and shall be provided to the Project Manager upon request. 3.12.4. A written procedure shall be established for the immediate removal to a hospital or a doctor's care of any employee or other Person that is injured and requires medical assistance during the execution of the Franchise Agreement. Any injury sustained by a Franchise Collector employee while on the job, including OSHA recordable injuries, shall be reported to the Project Manager immediately. 3.13. Office Requirements 3.13.1. The Franchise Collector shall maintain an office within Hillsborough County. The office shall remain open for business from 8:00 a.m. to 5:00 p.m., Monday through Friday, and Saturday if Service Option #1 or #2 is selected. 3.13.2. The Franchise Collectors office shall be equipped with adequate and appropriate personnel and equipment to document and timely respond to all inquiries, issues, and complaints. The Franchise Collectors office staff shall be familiar with the County and the Franchise Collectors obligations under the Franchise Agreement. 3.13.3. The Franchise Collector shall provide either an answering machine or voice mail service during non-office hours for customer calls. During office hours, these services must be monitored regularly, so that the Franchise Collector can respond to any message within sixty (60) minutes. During non-office hours, customer inquiries shall be recorded and answered no later than noon the following business Day. 3.13.4. The Franchise Collectors office shall be equipped with a two-way communication system that can be used to promptly contact the Project Manager, the General Manager, the Operations Manager(s), and all of the Franchise Collectors collection vehicle drivers. 3.13.5. The Franchise Collector shall establish a process for receiving and handling emergency calls, both during and after normal operating hours. 3.14. Customer Service Standards 3.14.1. The Franchise Collector shall be responsible for providing the highest quality service to Residential and Commercial Customers under the provisions of the Franchise Agreement.
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3.14.2. The Franchise Collector shall resolve all complaints as expeditiously as possible. The Franchise Collector shall take whatever steps are necessary to remedy the cause of a complaint within twenty-four (24) hours after receiving a complaint from the Customer or the Project Manager. The Franchise Collector may request and the Project Manager may grant additional time to remedy a complaint when necessary. 3.14.3. Dispute Resolution Process for Customers 3.14.3.1. The Franchise Collector shall promptly notify the Project Manager whenever assistance is needed to resolve a dispute between a customer and the Franchise Collector, including but not limited to, disputes concerning the proper interpretation and implementation of the Franchise Agreement and County Code. The Franchise Collector shall notify the Project Manager about any disputes with a customer that the Franchise Collector has not been able to resolve within twenty-four (24) hours after receiving the customer's complaint. The Project Manager shall promptly evaluate the facts concerning such disputes and shall make a fair and impartial determination about such matters. 3.14.3.2. The Project Manager shall notify the Franchise Collector and the customer in writing concerning the Project Manager's decision about the disputed issues. 3.14.3.3. The Franchise Collector and customer shall have three (3) Days to comply with the Project Manager's decision or, in the alternative, provide the Project Manager with a written request for the dispute to be reviewed by the Department Director. 3.14.3.4. If a request is filed, the Department Director shall review the facts concerning the dispute within twenty (20) Days from receipt of the request for review. The Department Director may confirm, in whole or in part, with the Project Manager's findings; grant relief to the customer or the Franchise Collector; or take whatever other action the Department Director deems necessary and appropriate. The Department Directors decision shall be final and nonappealable. 3.15. Protection of Private and Public Property and Personal Rights 3.15.1. The Franchise Collector acknowledges that collection points on rights-of-way are frequently co-located with other utility easements. Therefore, particular attention shall be given to the location of water meters, transformers, guy wires, utility poles, and irrigation structures. Authorization to use the easement does not abrogate the Franchise Collectors responsibility to exercise caution in relationship to the property of other authorized users. 3.15.2. All collection vehicles shall remain on the right-hand side of the road when providing Residential Collection Service and at no time shall collection crews cross to the left-hand side of the road to retrieve Containers or Roll Carts that have been set out. Vehicles shall remain off curbs, sidewalks, and lawns at all times. 3.16. Vehicle and Collection Equipment 3.16.1. General Requirements 3.16.1.1. The Franchise Collector shall maintain a dedicated fleet of collection vehicles to fulfill the Franchise Agreement. The Franchise Collectors frontline fleet shall not exceed an average age of four (4) years. No single frontline vehicle shall exceed a maximum age of eight (8) years; no single reserve vehicle shall exceed a maximum age of ten (10) years.
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3.16.1.2. The Franchise Collector shall purchase and/or lease, maintain, and repair all of the vehicles and equipment necessary to comply with the requirements of the Franchise Agreement. The Franchise Collectors vehicles and equipment shall be compatible (in size and weight) with, and appropriate for, the areas where such vehicles and equipment are utilized. If the Franchise Collector must use a substandard road (as determined by the Project Manager) to obtain access to a customer, the Franchise Collector shall use lightweight vehicles and equipment when providing service on such roads. 3.16.1.3. All of Franchise Collectors collection vehicles shall have waterproof seals and shall be watertight to a depth sufficient to prevent the discharge or leaking of liquids that have accumulated in the vehicle's cargo area during loading and transport operations. 3.16.1.4. All collection vehicles shall be painted a uniform color. 3.16.2. Ancillary Equipment in Franchise Collectors Vehicles 3.16.2.1. All vehicles used to provide collection services under the Franchise Agreement shall be equipped at all times with: (a) all safety supplies, equipment, and first aid supplies required by applicable laws; (b) a fire extinguisher; (c) a heavy-duty broom, a rake, and a large dustpan; (d) a spill response kit; (e) an audible backup warning device; and (f) back-up cameras. The spill response kit shall be suitable and adequate for cleaning up any leaks or spills of oil, hydraulic fluid, or other liquids from Franchise Collectors collection vehicles. 3.16.2.2. The Franchise Collectors collection vehicles shall be equipped with a vehicle locator system using the global positioning system (GPS) and an office-based routing software system capable of monitoring the vehicles' movements for customer service and operational improvement processes. Upon request, the Franchise Collector shall promptly provide its GPS logs and records to the Project Manager. 3.16.2.3. The Franchise Collectors collection vehicles shall be equipped with RFID reading equipment that is compatible with the RFID tags specified for the Roll Carts and commercial containers. The RFID reading equipment shall be supplied and maintained by the Franchise Collector. Data acquired with the RFID reading equipment will be used to: (a) track collection events for customer service purposes, dispute resolution, and program participation; (b) track and verify the location of Containers; (c) track repairs that are required/have been performed; and (d) provide additional Solid Waste collection information, as requested by the County. 3.16.3. Reserve Vehicles and Equipment 3.16.3.1. The Franchise Collector shall have sufficient reserve vehicles and equipment available to complete daily Routes. The use of reserve vehicles and equipment shall include, but not be limited to, occasions when frontline vehicles and equipment are out of service, or when unanticipated delays will prevent frontline vehicles and equipment from completing the collection Route(s) within the established hours of collection. 3.16.3.2. The reserve vehicles and equipment shall be ready to go into service within two (2) hours of any breakdown or delay. The reserve vehicles and equipment shall be similar in size and capacity to the vehicles and equipment being replaced.
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3.16.4. Maintenance and Cleaning 3.16.4.1. The Franchise Collector shall monitor, maintain and repair its collection vehicles and equipment, at a minimum, in compliance with the manufacturers recommendations. Oil/hydraulic systems and waterproof seals/enclosures shall be kept in good condition at all times to prevent spills and leaks. 3.16.4.2. The Franchise Collector shall keep all collection vehicles and equipment cleaned. All collection vehicles used for the collection of Processable Waste shall be washed thoroughly and sanitized with a suitable disinfectant and deodorant at least once each week, unless the Project Manager approves an alternate cleaning schedule. Other collection vehicles shall be cleaned and washed, as necessary, to minimize the potential for odors and nuisance conditions. 3.16.4.3. Franchise Collector shall provide convenient means to clean and sanitize commercial containers periodically, and on an as-needed basis. 3.16.5. Vehicle Identification 3.16.5.1. The Franchise Collector shall display the Countys recycling theme and logo on signs (decal or painted) on the sides and rear of every vehicle used to collect Solid Waste in the Service Area. The signs shall be appropriately sized, as mutually agreed. The County will provide the approved artwork for the Franchise Collectors vehicles. 3.16.5.2. The Franchise Collectors vehicles and commercial containers shall clearly display its logo, name, and telephone number for service requests and complaints. 3.16.5.3. All vehicles delivering Solid Waste to a Designated Facility must display the account number assigned by Public Utilities and a vehicle number on both sides of the vehicle. Account and vehicle numbers must be at least three inches high. Vehicles that are not properly marked and that are not registered in the Solid Waste Integrated Management System (SWIMS) will not be processed as a prepaid (charge) customer. Vehicles that need to be registered in SWIMS may be faxed/emailed during normal working hours (Monday through Friday 8:00 a.m. 5:00 p.m.). A twenty-four (24) hour lead time is required. In emergency situations where due to the amount of waste, or the unexpected loss of vehicles by accident, breakdown, or otherwise, the County may endeavor to expedite the vehicle registration process and accommodate said request within three (3) business hours, for the purpose of ensuring uninterrupted collection service. 3.16.6. Alternative Fuels and Hybrid Drive Technology The County encourages the use of alternative fuels and/or hybrid drive technology in collection service vehicles. For the Franchise Collector to be eligible for the three (3) year extension of the initial Franchise Agreement term, the Franchise Collectors frontline fleet must be fully comprised of vehicles using alternative fuels and/or hybrid drive technology. 3.17. Billing and Payment of Services 3.17.1. Residential Services 3.17.1.1. Beginning on October 1, 2013, each month, the Franchise Collector shall be paid the unit price for each Residential Customer on the Residential Customer Roll.
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3.17.1.2. For new Residential Customers added to the Residential Customer Roll, the Franchise Collector shall be paid the full unit price for any Residential Customer added to the Residential Collection Roll prior to the 15th of the month. The Franchise Collector shall not be paid, until the following month, for any Residential Customer added to the Residential Collection Roll after the 15th of the month. 3.17.1.3. The Franchise Collector shall be responsible for the billing and collection of fees for all Special Collections. 3.17.1.4. Annual Rate Adjustment The unit price for Residential Collection Services shall remain the same through the first year of the Franchise Agreement. Beginning October 1, 2014 and each October 1 for the remaining term of the Agreement, the rate shall be adjusted. Ninety percent (90%) of the rate shall be adjusted based on the percentage change in the Consumer Price Index between the month of February in the previous year and the month of February in the current year. Ten percent (10%) of the rate shall be adjusted based on the percentage change in the Fuel Price Index between the average monthly fuel price from February through January in the year prior, and the average monthly fuel price from February through January of the most current twelve (12) months. The total adjustment to the service rate in any given year shall not exceed five percent (5%) of the previous years rate. The rate adjustment shall be calculated as specified in Exhibit 6. The CPI will be the Consumer Price Index for the South Urban Region, All Items - All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics. The Fuel Index will be the Lower Atlantic (PADD 1C) No. 2 Diesel Ultra Low Sulfur Diesel (0-15 ppm) Retail Prices (cents per gallon), published by the United States Department of Energy. If the CPI or Fuel Index is discontinued or substantially altered, the County may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. 3.17.2. Commercial Services 3.17.2.1. The Franchise Collector shall negotiate the charges for Commercial Collection Service directly with the Commercial Customer and shall disclose in writing to the potential Commercial Customer that the Commercial Customer has the right to negotiate for Commercial Collection Services with any of the Franchise Collectors. 3.17.2.2. The Franchise Collector shall bill the Commercial Customer directly for the negotiated services and receive payment directly from the Commercial Customer. 3.17.2.3. All Commercial Customer contracts shall include the following breakdown on the charges for the service:
Charge for container rental and maintenance; Charge for Collection of Solid Waste, inclusive of any/all surcharges; Charge for disposal of Solid Waste.
No other charges shall be included.
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3.17.2.4. The Franchise Collector shall be billed monthly by the County for disposal of all Solid Waste (except Recyclables) collected from Commercial Customers by the Franchise Collector and delivered to Designated Facilities. The amount of the billing shall be the weight of Solid Waste delivered times the tipping fee established by the County. This monthly bill must be paid by the 10th working day of the following month or the account will be placed on HOLD STATUS until payment is received. This monthly bill may be paid by the 15th working day of the following month provided that the Franchise Collectors deposit is sufficient to cover two (2) months disposal activity. Vehicles that fail to weigh out, when required, will be billed the gross weight. 3.17.2.5. The Commercial Customers disposal rate shall be adjusted whenever the tip fee at the designated disposal site is adjusted. The percentage of change in the tip fee (increase/decrease) shall be applied to the Commercial Customers disposal rate. 3.17.2.6. Franchise Collector may terminate service when a Commercial Customer fails to pay for service. In the event service is terminated, the Franchise Collector is authorized to remove any commercial containers or equipment belonging to the Franchise Collector. 3.17.3. Change in Law The Franchise Collector may petition the County for an additional rate adjustment resulting from a change in law. The Franchise Collectors request shall contain substantial proof and justification to support the need for the rate adjustment. The County may request from the Franchise Collector such further information as may be reasonably necessary in making its determination. Within sixty (60) calendar days of receipt of the request and all other additional information required by the County, the Department Director shall make a determination regarding the fairness of the request, and shall make a recommendation to the Board of County Commissioners at a regular meeting. Adjusted rates shall become effective upon approval by the Board of County Commissioners. 3.18. Reports 3.18.1. Regular Reporting The Franchise Collector shall supply the County regularly with the following reports in a County-approved format. The Project Manager will provide report specifications and frequency during the transition period. Residential Program Recyclables Special Collection Services Performance Indicators Commercial Customers Subject to Solid Waste Disposal Assessment Complaints Non-collection Notices Incident/Injury Roll Cart/Recycling Bin Requests/Delivery and Maintenance
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3.18.2. Waste Profile Program 3.18.2.1. The Franchise Collector shall be responsible for complying with all aspects of the Countys Waste Profile Program. 3.18.2.2. The Franchise Collector shall ensure that all Commercial Customers have a valid Waste Profile form approval from the County prior to providing Commercial Collection Service. All customers whose waste is being disposed of within the System must submit a Waste Profile form and obtain approval. 3.18.2.3. Should a Commercial Customer not have Waste Profile approval from the County, the Franchise Collector shall be required to secure a completed Waste Profile form from the Commercial Customer. The Franchise Collector shall submit the completed Waste Profile form to the County for approval. Commercial Collection Service shall not be provided until the Commercial Customer receives County approval of that customers Waste Profile form or until the County advises the Franchise Collector to pick up the waste in order to avoid the illegal accumulation of Solid Waste by that customer pursuant to Hillsborough County Code. 3.18.2.4. Should the Commercial Customer require immediate collection and disposal, the Commercial Customer may request interim approval until final approval is provided by the County. If interim approval is granted by the County, the Franchise Collector may provide the Commercial Collection Service. 3.18.3. Collection Plan 3.18.3.1. The Franchise Collector shall prepare a collection plan that describes in detail how the Franchise Collector will provide Residential Collection Services in compliance with the requirements in the Franchise Agreement. The collection plan shall identify and describe, at a minimum, each Route name/number, the type of collection service provided, scheduled collection Day(s), approximate number of customers on the Route, vehicle, equipment, and personnel assigned to the Route. The collection plan shall also include a legible map for each Route and the preferred Designated Facility for disposal, if applicable. The collection plan and all revisions to the plan are subject to the Project Manager's prior written approval. 3.18.3.2. A proposed collection plan shall be submitted to the Project Manager for approval whenever the Franchise Collector requests changes to the collection plan. 3.18.3.3. If the Project Manager approves a change in the Franchise Collectors residential schedules or Routes, the Franchise Collector shall provide all affected Residential Customers with written notice of the change. If the Project Manager approves a change to a customer's scheduled collection Day, a notice shall be mailed to each affected customer two (2) weeks prior to such change. The notice must be approved by the Project Manager. 3.18.4. Contingency Plan Franchise Collector shall develop a contingency plan that describes the Franchise Collectors plan of action in the event that an emergency, natural disaster or other situation renders the Franchise Collectors operations, yard, or equipment unusable. The contingency plan shall describe the steps that the Franchise Collector shall take to avoid interruptions or reductions in collection service. The contingency plan shall be updated
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annually and resubmitted to the Project Manager as requested, or within two (2) Days whenever the plan is revised by the Franchise Collector. The Contingency Plan and all revisions to the plan are subject to the Project Managers approval. 3.18.5. Transition Plan The Franchise Collector will be required to participate in frequent and on-going transition meetings conducted by the Department Director or designee to plan and manage the transition process so that there is no service interruption. However, it shall be the Franchise Collectors responsibility to ensure that there is a smooth transition and implementation of the new Franchise Agreement so that inconvenience to Residential and Commercial Customers is minimized. To assist in accomplishing this smooth transition, no later than thirty (30) Days following the Notice to Proceed, the Franchise Collector shall submit to the County a transition plan that provides a detailed description of how the Franchise Collector will plan and prepare for collection during the transition period. At a minimum, the Franchise Collector must address the following specific performance requirements in their transition plan and accomplish them according to the stated deadlines. Please Note: The following timeline was determined to help facilitate a smooth transition; however, these dates may be adjusted upon the sole determination of the County. April 1, 2013 Franchise Collector may begin to negotiate terms and conditions for Commercial Collection Service with potential Commercial Customers. Franchise Collector shall submit to the Project Manager a Collection Plan that meets the approval of the Project Manager. Franchise Collector shall submit to the Project Manager documentation that all necessary vehicles and equipment have been ordered and will be delivered as required. June 1, 2013 August 1, 2013 Franchise Collector may enter into initial contract with Commercial Customers for Commercial Collection Service. Franchise Collector shall have opened an office which is capable of responding to Customer inquires relative to the Solid Waste Collection Services. Franchise Collector shall submit all Route maps as approved by the Project Manager. Franchise Collector shall submit its safety plan. August 1 September 30, 2013 Franchise Collector shall train all supervisors and drivers on all Routes by driving the collection Route. At least one training trip shall be conducted with a vehicle which will be utilized to provide the collection service. Franchise Collector shall submit its contingency plan. Franchise Collector shall ensure that all vehicles and equipment necessary to provide collection Services are delivered to the Franchise Collectors equipment yard. Franchise Collector shall provide to the Project Manager a vehicle and equipment list including the make, type, year, license number, and ID number for each.
May 1, 2013
August 15, 2013 September 1, 2013
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Transition for Commercial Customers shall be phased in by Franchise District during the time frames below. Existing service provider and new service provider shall coordinate to accomplish all transitions within the designed timeframe. Franchise District #1 Franchise District #2 Franchise District #3 Franchise District #4 Franchise District #5 3.19. Disasters 3.19.1. Franchise Collector shall attend the Countys emergency management/disaster preparedness meetings, and shall provide the County with any materials that may be useful to the Countys efforts, including but not limited to collection schedules, Routes, and security codes to private community gates. The Project Manager shall notify the Franchise Collector of the date, time and location of the meetings, and any necessary materials to be provided by the Franchise Collector. 3.19.2. In the event of a hurricane, tornado, major storm, or other disaster, natural or manmade, the Franchise Collectors primary responsibility shall be to reestablish regular schedules and Routes for Solid Waste collection as soon as possible after the disaster. Collection and disposal of Processable Waste shall be the highest priority. 3.19.3. In the event of a disaster, which, at the Countys determination, necessitates the suspension of Yard Waste collection, the County may suspend Yard Waste collection as defined in the Franchise Agreement for those affected areas, and require the Franchise Collector to collect only containerized Yard Waste for such time as determined by the County to be necessary. 3.19.4. The County may request the Franchise Collector to collect disaster debris within its Franchise District(s), or within an area specified by the County, at a service rate that is mutually agreed upon by the parties. Upon agreement by the Franchise Collector and written authorization by the Project Manager, the Franchise Collector shall collect disaster debris in an agreed upon area for a specified period of time and shall deliver such disaster debris to a location designated by the County. 3.19.5. Nothing herein shall require the County to utilize the services of Franchise Collector to collect disaster debris, or to prevent the County from contracting with other parties to perform all or a portion of such work. 3.20. Education and Outreach 3.20.1. The County shall have the primary responsibility for creating public educational and outreach promotional materials for the Countys Solid Waste Services. The Franchise Collector shall, as requested by the County, assist the County in developing educational and promotional material. In addition, the Franchise Collector shall contribute a yearly education and outreach fee of twenty-five thousand dollars ($25,000) per Franchise District to support the Countys education and outreach efforts. A check shall be due by Coordinated removal and insertion dates shall fall between October 1 and October 15. Coordinated removal and insertion dates shall fall between October 16 and October 31. Coordinated removal and insertion dates shall fall between November 1 and November 15. Coordinated removal and insertion dates shall fall between November 15 and November 30. Coordinated removal and insertion dates shall fall between December 1 and December 15.
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October 1 prior to each year during the term of the Franchise Agreement. The first years education and outreach fee shall be due October 1, 2013. 3.20.2. At a maximum of twice per year, the County may provide educational and promotion information regarding Solid Waste collection and disposal services for all customers. The Franchise Collector may be asked to distribute this material during regular Route operations. 3.20.3. The Franchise Collector shall, at no time, develop or distribute any promotional and/or educational materials to customers without prior written authorization from the County. 3.21. Liquidated Damages 3.21.1. Basis for Liquidated Damages The County and Franchise Collector acknowledge and agree that it is impossible to precisely determine the amount of damages that would be incurred by the County due to those failures or circumstances described in this section and for which the Franchise Collector would otherwise be liable. Accordingly, the County has determined terms and amounts of the liquidated damages set forth herein, and the parties agree that the liquidated damages are reasonable under the circumstances. Therefore, the following shall constitute liquidated damages, not penalties, for the Franchise Collectors breach of the Franchise Agreement. 3.21.2. Dispute Resolution Process 3.21.2.1. The County will provide written notice of any assessment and the Franchise Collector will then have five (5) Days to submit a written response detailing the basis for disputing the assessment. Failure to respond in writing constitutes acceptance of the assessment. 3.21.2.2. The Project Manager will then meet with the Franchise Collector within five (5) Days of the Countys receipt of the written response and attempt to resolve the dispute. 3.21.2.3. In the event no resolution is reached, at the written request of the Franchise Collector, the Department Director shall attempt to resolve the dispute with the Franchise Collector. 3.21.2.4. If the dispute is not resolved within seven (7) Days following the date such request is received by the Department Director, the Franchise Collector, and the County may submit the dispute for mediation to a mutually agreeable mediator. Responsibility for the costs of mediation shall be divided equally, unless otherwise mutually agreed, among the Franchise Collector and the County. 3.21.2.5. If the parties are not able to resolve the dispute through mediation, then either party, provided it first gives notice to the other party within seven (7) Days following the conclusion of the mediators involvement, may take whatever further action(s) may be available at law, in equity, or under the Contract. 3.21.3. If a dispute arises between the County, the Franchise Collector, or any other Person concerning the Franchise Collectors performance, rights, or compensation under the Franchise Agreement, the Franchise Collector shall continue to perform its duties in strict compliance with the requirements of the Franchise Agreement, regardless of the pending dispute.
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3.21.4. Liquidated damages shall be deducted from the monthly payment due the Franchise Collector from the County. 3.21.5. Notwithstanding any other provisions of the Franchise Agreement to the contrary, in the event that the total liquidated damages assessed the Franchise Collector during any 60calendar Day period (which may begin on any Day within a month) exceeds forty thousand dollars ($40,000), the County, at its discretion, and in addition to all other remedies that may be available to it, may terminate the Franchise Agreement. 3.21.6. Liquidated Damages Before Collection Commencement Date Prior to the Commencement Date, the Franchise Collector shall prepare to provide its collection services in a responsible manner and, at a minimum, shall adhere to the requirements set out in section 3.18.5. In the event the Franchise Collector fails to meet the deadlines, the County has the right to assess liquidated damages for each deadline that is missed. Failure to meet the deadline of more than two (2) tasks may lead to the termination of the Franchise Agreement. The Project Manager may impose liquidated damages for Franchise Collectors actions during the Transition Period, as set forth below: Performance Standard Violation Failure to hire the Franchise Collectors Operations Manager. Failure to have all of the necessary collection vehicles and equipment ready for service. Failure to hire and train all the employees needed to provide collection service in compliance with the Franchise Agreement. Failure to drive and inspect each collection Route with the driver for each collection Route and the Operations Manager or General Manager. Failure to comply with any other tasks identified in section 3.18.5. 3.21.7. Per Incident Charges Performance Standard Violation Weekly complaints as a percentage of total services delivered.* Liquidated Damages .00046 to .00085 complaints per number of services = $500 per week >.00085 complaints per week = $1,000 per week Failure to respond to a complaint within the specified time frame. Reporting unresolved complaints as resolved. Failure to report Route status. $100 per occurrence per Day. $500 per occurrence. $1,000 per Day. Liquidated Damages $4,000 for each calendar Day of delay. $10,000 for each calendar Day of delay. $10,000 for each calendar Day of delay. $10,000 for each calendar Day of delay. $2,000 for each calendar Day of delay.
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Failure to complete a scheduled Route.** Failure to report accurate Route information (i.e., reporting that a Route is complete when it has, in fact, not been completed). Chronic service failures three (3) or more instances of any type of problem at the same service address within any ninety (90) Day period. Chronic equipment failures three (3) or more instances of the same or similar problem with the same equipment or vehicle within a twelve (12) month period. Chronic personnel problems three (3) or more instances of the same or similar problem with the same individual within a twelve (12) month period. Commingling of Processable Waste, Program Recyclables, Yard Waste, Nonprocessable Waste, or any other materials, unless approved by the Project Manager. Mixing Solid Waste or other materials collected in the Service Area with Solid Waste or other materials collected outside the Service Area. Collecting Solid Waste or Recyclable Materials with vehicles that are not part of the dedicated fleet for the County, without prior written approval from the Project Manager. Failure to deliver any Solid Waste collected pursuant to the Franchise Agreement to a Designated Facility.
$1,000 per Route, per Day. $1,000 per Route, per Day. $1,000 upon the 3 occurrence; $2,000 per occurrence thereafter. $1,000 upon the 3 occurrence; $2,000 per occurrence thereafter. $1,000 upon the 3 occurrence; $2,000 per occurrence thereafter. $5,000 per occurrence; commingled loads may be rejected by the County. $5,000 per occurrence; mixed loads may be rejected by the County. 5,000 per occurrence.
rd rd rd
$5,000 per occurrence; occurrences beyond the first one may also result in termination of Franchise Agreement. $3,000 per occurrence.
Changing part or all of a Route, without receiving prior approval from the Project Manager or without providing notice as required. Failure to clean spillage or leakage (oil, hydraulic fluid, Solid Waste, Recyclables, etc.) within twenty-four (24) hours. Failure to repair or replace a Container/Roll Cart within three (3) Days of notification. Failure to deliver Container/Roll Cart to new account within three (3) Days of notification. Failure to leave a non-collection notice for customer explaining why material was not collected. Failure to submit reports within required timeframes.
$500 per occurrence, per Day. $200 per occurrence. $200 per occurrence. $200 per occurrence. $250 per report, per Day.
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* The total number of services delivered shall be determined by multiplying the number of Residential Customers by the number of weekly services provided to each Residential Customer. For example, if SO#1 is selected, the number of services delivered would be four (4) per Residential Customer [two (2) Processable Waste, one (1) Program Recyclable, and one (1) Yard Waste collection]. If the number of Residential Customers for the Franchise District is fifty thousand (50,000), the total number of services delivered would equal fifty thousand (50,000) times four (4), or two hundred thousand (200,000). ** Except when such completion is made impossible by weather or other conditions, as determined by the County. Liquidated damages for incomplete Routes (or other rerouting related service failures) will not be assessed for a period of six (6) weeks from the implementation of any County-approved Route change. Complaints from Residential Customers residing in the affected areas shall still be reported during this grace period; however, these complaints will not be counted in any other service failure category, including chronic service failures. If the Franchise Collector fails to comply with any provision of the Franchise Agreement for which other liquidated damages have not been specified, the County may impose a $200 assessment per occurrence per Day. 4. TRANSITION REQUIREMENTS: Prior to the expiration of the Franchise Agreement, Franchise Collector shall work with the County to ensure that there is no interruption or reduction of service when the Franchise Collector ends its services to the County. If a new Franchise Agreement is awarded to a Person other than the Franchise Collector, the Franchise Collector shall coordinate and cooperate with the newly selected Franchise hauler, as well as the County, to minimize any disruptions in the service provided to the public. In addition, the Franchise Collector shall provide collection services to the County for an additional ninety (90) Days after the expiration of the Franchise Agreement, at the then established rates, if the County requests this service to aid in the transition of a new Franchise Agreement. 5. NOTICES TO THE COUNTY: All notices to the County must be sent by the Successful Bidder to the following person(s): Title: Director, Public Utilities Department Mailing Address: 925 E. Twiggs Street, Tampa FL 33602 Phone number: (813) 272-5977 Facsimile Number: (813) 272-5589 6. COUNTY NOTIFICATIONS TO SUCCESSFUL BIDDER: Unless otherwise set forth in this Invitation to Bid, the Countys preferred method of sending notices to the Successful Bidder will be via electronic mail (e-mail). However, the County reserves the right to use other means of notification to the Successful Bidder, which may include, but is not limited to, notices sent via facsimile, U.S. Mail, express mail or personal courier. 7. EXHIBITS: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Written Legal Description of the Five (5) Franchise Districts Graphic Depiction of the Five (5) Franchise Districts and Service Area Graphic Depiction of Solid Waste System Designated Facilities Technical Specifications for Recycling Bins Technical Specifications for RFID tags for Commercial Application Calculation of Annual CPI and Fuel Adjustments to Rate Special Collection Service Rate Sheet
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EXHIBIT 1: Written Legal Description of the Five (5) Franchise Districts The written legal description of the Franchise Districts takes precedence over the graphic depiction of the Franchise Districts. In the event of any discrepancy between the graphic depiction and the written legal description, the written legal description shall prevail.
WRITTEN LEGAL DESCRIPTIONS TO BE INSERTED HERE
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EXHIBIT 2: Graphic Depiction of the Five (5) Franchise Districts and Service Area
District #1
District #2
District #3
District #4
District #5
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EXHIBIT 3: Graphic Depiction of Solid Waste System Designated Facilities
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EXHIBIT 4: Technical Specifications for Recycling Bins Following are minimum requirements for the Recycling Bins as required in SO #1 within the scope of the Franchise Agreement. Construction Material Size (Capacity) Color High-density polyethylene Minimum of 25% post-consumer recycled content 18 gallons Blue (recycling) Non-fading; integrated UV inhibitor Colors must be impregnated into the plastic Painted carts are unacceptable Exact color codes to be approved by County
Markings Body Warranty
Each container shall have Property of Hillsborough County and the Hillsborough County logo hot stamped on each side; County will provide detail The bin is required to have drain holes in the bottom The bin shall have carrying handles on two sides Minimum 10 years
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EXHIBIT 5: Technical Specifications for RFID tags for Commercial Application Following are minimum requirements for the RFID tags required to be placed on all commercial collection containers used for Commercial Collection Service within the scope of the Franchise Agreement. Technical Specs RFID tags must be passive Ultra High Frequency (UHF) with an optimal operating frequency of 860 960 MHz Read range: 6 foot minimum Protocol: EPC Class 1 Gen 2 RFID tags must have an optimal operating temperature of -40F to +149F Waterproof Chemical resistant appropriate for Solid Waste collection application Mechanical resistant appropriate for Solid Waste collection application
Environmental Specs
Mounting Specs Memory Requirement
Encapsulated tag designed for mounting Mounting surfaces: Metal, plastic, etc. EPC 96 bits; User 512 bits; TID 64 bits. EPC and User memory reprogrammable, TID is locked at point of manufacturer
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EXHIBIT 6: Calculation of Annual CPI and Fuel Adjustments to Rate Effective October 1, 2014 and the same date each year thereafter during the term of the Agreement, the rate shall be adjusted as specified below. Ninety percent (90%) of the rate shall be adjusted based on the percentage change in the Consumer Price Index between the month of February in the previous year and the month of February in the current year. Ten percent (10%) of the rate shall be adjusted based on the percentage change in the Fuel Price Index between the average monthly fuel price from February through January in the year prior, and the average monthly fuel price from February through January of the most current twelve (12) months. The total adjustment to the service rate in any given year shall not exceed five percent (5%) of the previous years rate. New Rate = Current Rate (CR) + CPI Adjustment + Fuel Adjustment CPI Adjustment = Round (((CPI2-CPI1)/CPI1) * .90 * CR, 2) (CPI 2 minus CPI 1, divided by CPI 1, times .90, times CR, rounded 2 places) CPI = Consumer Price Index for the South Urban Region, All Items - All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CWUR0300SA0) CPI1 = published CPI average for the month of February of the prior year CPI2 = published CPI average for the month of February of the current year Fuel Adjustment = Round (((FI2-FI1)/FI1) * .10 * CR, 2) (FI 2 minus FI 1, divided by FI 1, times .10, times CR, rounded 2 places) FI = Fuel Index is the Lower Atlantic (PADD 1C) No. 2 Diesel Ultra Low Sulfur (0-15 ppm) Retail Prices (Cents per Gallon), U.S. Department of Energy, Energy Information Administration FI1 = average published monthly fuel price from February through January of the year prior to FI2 FI2 = average published monthly fuel price from February through January of the most current 12 months SAMPLE CALCULATION Assumptions: CR = $8.00 CPI1 = 212.416 CPI2 = 220.080 FI1 = 2.999 FI2 = 3.843
New Rate = [CR] + [Round(((CPI2-CPI1)/CPI1) * .90 * CR, 2)] + [Round(((FI2-FI1)/FI1) * .10 * CR, 2)] New Rate = [$8.00] + [$0.26] + [$0.22) = $8.48 Maximum Increase Allowed = [CR] * 1.05 = $8.40 New Rate = $8.40
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EXHIBIT 7: Special Collection Service Rate Sheet Items Bath Tub BBQ Grill (no tank) Bicycle Bicycle (exercise) Chairs Cabinet (per unit) Carpet (10 x 10) Carpet & Padding (10 x 10) Chest (small) Chest (large) Desk (small) Desk (large) Dishwasher Dresser (small) Dresser (large) Dryer Entertainment Center (broken down) Fence (per 8 section) Freezer Headboard (twin & full) Headboard (queen & king) Hot Water Heater Insulation (bagged up to 13 bags) Loveseat Lawn Mower (no oil or gas) Mattress & Box Spring (twin & full) Mattress & Box Spring (queen & king) Microwave Refrigerator Swing Set (disassembled) Sink Sofa/Couch Sectional Sofa Stove Table (small) Table (large) TV (floor model) TV (up to 19") TV (up to 25") TV (larger than 25) Trash Compactor Toilet Washing Machine Water Softener Price per Item $50.00 $25.00 $15.00 $30.00 $15.00 $20.00 $30.00 $40.00 $15.00 $25.00 $25.00 $50.00 $50.00 $25.00 $50.00 $50.00 $25.00 $25.00 $125.00 $25.00 $35.00 $50.00 $25.00 $25.00 $20.00 $35.00 $50.00 $20.00 $100.00 $50.00 $25.00 $50.00 $75.00 $50.00 $25.00 $25.00 $35.00 $18.00 $25.00 $30.00 $30.00 $35.00 $50.00 $25.00
Note: There is a $50.00 "trip charge" for each collection
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BID FORMS 1. 2. 3. 4. Name of Bidder: __________________________________________________________________ Federal Tax ID Number: ____________________________________________________________ Contact Person: __________________________________________________________________ Business Address(es): Tampa (or closest to Tampa): _______________________________________________________ _______________________________________________________________________________ Principal Address, if different: _______________________________________________________ ________________________________________________________________________________ 5. 6. 7. 8. 9. 10.
11.
Telephone Number: (____________)__________________________________________________ Cell Phone Number: (____________)_________________________________________________ Fax Number: (____________)________________________________________________________ E-mail Address: ___________________________________________________________________ Web Site URL: ____________________________________________________________________ Business has been in operation under its present name since: ______________________________
DEVIATION(S): Any representation of deviation(s) below may cause this Bid to be rejected by Hillsborough County. The following represents every deviation (itemized by number) to the foregoing Invitation to Bid upon which this Bid is based:
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12.
In the event an Agreement is executed upon the award of this Invitation to Bid to the Bidder, the County will provide Successful Bidder with a copy of the executed Agreement, if applicable. The County prefers to provide the document via electronic mail (e-mail). However, if Bidder wishes to receive an original hard copy of the executed Agreement, it can be mailed. Check only ONE of the delivery methods below.
Send electronic version (to e-mail address indicated above)

13.
OR
Send hard copy via U.S. mail
Bidder is currently set up with a merchant account to accept payment by VISA credit card and will accept payment from the County by VISA account through the ePayables electronic payment solution.
14.
YES
NO
NOTE: If Bidder is already enrolled in the Countys ePayables for an existing contract/award, the Bidder will automatically receive payment using ePayables in the event Bidder is the Successful Bidder. Pursuant to the SPECIAL TERMS AND CONDITIONS that allows the Contract to be available to all government agencies, departments, and municipalities, does the Bidder agree to make the contract and bid prices submitted available all government agencies, departments, and municipalities?
YES, I agree to make the contract available to all governmental agencies. NO, I do not agree to make the contract available to all governmental agencies.
The Bidder's choice to make the contract available (or not) will NOT be considered in the award of the Bid.
BID FORM(S) CHECKLIST

Bid Bond Completed Bid Pricing Completed Schedule of Bidders Qualifications Completed Hillsborough County Substitute IRS W-9 Form Completed Equal Opportunity/ Affirmation Action Questionnaire Current Hillsborough County Business Tax License, if required License(s), if applicable Signed and notarized Bid Manufacturers Specification Sheets/Brochures, if applicable Other: Financial Guarantee (Special Terms and Conditions, #14) Demonstration of Sufficient Resources (Special Terms and Conditions, #15)
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15. 15.1
Bid Pricing Bid Price for Service Option #1: Residential 2-1-1 Manual Collection Service (as defined in section 3.3.1.) SO#1 Bid Price - Rate for Residential Collection Service (per unit) Type of Service Processable Waste Program Recyclables Yard Waste Franchise District #1 $ Franchise District #2 $ Franchise District #3 $ Franchise District #4 $ Franchise District #5 $
(A)
Total
(B)
# of HH
49,444
49,303
48,533
50,467
49,028
(C) # of months
12
12
12
12
12
Annualized Value
(A x B x C)
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15.2
Bid Price for Service Option #2: Residential 2-1-1 Automated Collection Service (as defined in section 3.3.2.) SO#2 Bid Price - Rate for Residential Collection Service (per unit) Type of Service Processable Waste Program Recyclables Yard Waste Franchise District #1 $ Franchise District #2 $ Franchise District #3 $ Franchise District #4 $ Franchise District #5 $
(A)
Total
(B)
# of HH
49,444
49,303
48,533
50,467
49,028
(C) # of months
12
12
12
12
12
Annualized Value
(A x B x C)
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15.3
Bid Price for Service Option #3: Residential 1-1-1 Automated Collection Service (as defined in section 3.3.3.) SO#3 Bid Price - Rate for Residential Collection Service (per unit) Type of Service Processable Waste Program Recyclables Yard Waste Franchise District #1 $ Franchise District #2 $ Franchise District #3 $ Franchise District #4 $ Franchise District #5 $
(A)
Total
(B)
# of HH
49,444
49,303
48,533
50,467
49,028
(C) # of months
12
12
12
12
12
Annualized Value
(A x B x C)
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15.4
Bid Price for Service Option #4: Residential 1--1 Automated Collection Service (as defined in section 3.3.4.) SO#4 Bid Price - Rate for Residential Collection Service (per unit) Type of Service Processable Waste Program Recyclables Yard Waste Franchise District #1 $ Franchise District #2 $ Franchise District #3 $ Franchise District #4 $ Franchise District #5 $
(A)
Total
(B)
# of HH
49,444
49,303
48,533
50,467
49,028
(C) # of months
12
12
12
12
12
Annualized Value
(A x B x C)
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16. 16.1.
Schedule of Bidders Qualifications (Complete all lines) Experience Requirement (Reference #1) Company/Bidding Entity: Municipal/County Contact: Municipal/County Address: Municipal/County Employee Responsible for Contract Compliance: Above Employees Phone: ( ) Fax: ( ) End Date: Email:
Term of Current Contract: Start Date Current Level of Residential Collection Service Provided Services Provided within Contract (check all that apply)
Type of Service Curbside Solid Waste Curbside Recycling Curbside Yard Waste Carted Solid Waste Carted Recycling
Number of Units Serviced
Frequency of Collection 1x per week 2x per week Other
Current Level of Commercial Collection Service Provided Number of commercial MSW customers Roll-off compactor/open top container service provided Commercial recycling collection provided

YES YES
NO NO
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Experience Requirement (Reference #2) Company/Bidding Entity: Municipal/County Contact: Municipal/County Address: Municipal/County Employee Responsible for Contract Compliance: Above Employees Phone: ( ) Fax: ( ) End Date: Email:

YES YES
NO NO
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YES YES
NO NO
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YES YES
NO NO
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16.2.
Bidder shall have an experienced senior management team. Each member of the senior management team shall have at a minimum five (5) years experience in Solid Waste Collection Services. The senior management team is defined as the Chief Executive Officer, Chief Operating Officer, and General Manager, or similarly titled positions. Resume Five (5) Years Provided Experience Chief Executive Officer: Chief Operating Officer: General Manager:
YES YES YES
YES YES YES
16.3.
The Bidder has provided appropriate documentation to demonstrate the financial ability to service up to two (2) Franchise Districts for the term of the Franchise Agreement.
YES
16.4.
Has the Bidder or any member of its senior management team had any of the following claims against it relating to solid waste collection involving more than $100,000 during the past five (5) years? Yes No Criminal or civil actions Losses in services contracts Losses in bid bonds Losses in performance bonds Debarred by any governmental agency Contract terminated for breach
If yes to any of the above questions, please provide for each such occurrence, the name of the claim, arbitration, litigation, action; name of the claimant; date of the alleged occurrence; amount at issue, if applicable; criminal charges alleged, if applicable; and disposition of the claim, arbitration, litigation or action on a separate sheet of paper.
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Request for Taxpayer Identification Number (TIN) and Certification
Substitute W-9
All Bidders: Complete the Substitute W-9 Form below.
PART I PERSONAL or BUSINESS INFORMATION 1-NAME of INDIVIDUAL, business name, or sole proprietors name (as registered with the IRS-Internal Revenue Service) 2-BUSINESS NAME (DBA-doing business as), if different from above. P l e a s e t y p e o r p r i n t l e g i b l y. 3-CHECK ONE BOX to identify the type of business named above. Individual/Sole Proprietor Partnership Corporation Non-profit 501(c) Associations/Estate or Trust
Government Entity (Exempt under section 501(a))
Medical or Legal Corporation
Foreign Entity(fill out appropriate W-form)
LLC-Limited Liability Company (If business listed on line 2 is an LLC, must also select an LLC type from below) [ ] Disregarded entity [ ] Partnership [ ] Corporation [ ] Individual/Sole Proprietor (enter owner/individuals name on line 1 above, business/DBA name on line 2 4-WITHHOLDING (Optional) Already subject to backup withholding Exempt from backup withholding 5-PROTECTED STATUS Florida Statute 119.071(4)(d) Are you a member of law enforcement (active or former), a firefighter, judge or any other protected status as defined by Florida Statute 119.071(4)(d)? Yes No 6-ADDRESS - Street (include apt # or suite number) City E-mail address State
ZIP
PART II TAXPAYER IDENTIFICATION NUMBER (TIN) Enter your TIN in the Appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). For other entities, it is your employee identification number (EIN). TIN / SSN EIN PART III - CERTIFICATION Under penalties of perjury, I certify that: 1 The number shown on this form is my correct TIN (tax payer identification number) or I am waiting for a number to be issued to me, and 2 I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding and 3 I am a U.S. citizen or other U.S. person (see definition below). The IRS does not require your consent to any provision of this document other than the certifications required to avoid backup withholding Sign here > Date >
Florida Statute 119.07 (5) and the Federal Privacy Act of 1974; Collection of Social Security Numbers The Hillsborough County Clerk of the Circuit Court collects your social security number for the purposes of tax reporting to the Department of the Treasury, Internal Revenue Service (IRS) and for identity verification purposes. Florida Statute 119.07 (5) and the Federal Privacy Act of 1974 require the Clerk to notify you in writing of the reason for collecting this information which will be used for no other purpose than herein stated. GENERAL INSTRUCTIONS (section references are to the Internal Revenue Code unless otherwise noted). Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien, A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners share of the income from such business. Further, in certain cases where a form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Page 73 of 92
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

STATEMENT OF COMPLIANCE THE BIDDER REPRESENTS THAT THE INFORMATION SUBMITTED HEREIN IS TRUE AND CORRECT. THE BIDDER ASSURES HILLSBOROUGH COUNTY OF ITS COMPLIANCE WITH FEDERAL, STATE AND COUNTY AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. THE BIDDER FURTHER ASSURES THAT IT AND ITS SUBCONTRACTOR'S/SUBRECIPIENT'S FACILITIES ARE ACCESSIBLE TO THE HANDICAPPED (IF APPLICABLE). INSTRUCTIONS As a Bidder /Contractor with the County, you are urged to carefully review the Equal Employment Opportunity Affirmative Action Questionnaire and respond to it as it relates to your own employment practices. Please note particularly that: 1. Where federally-assisted contracts are involved, the Bidder/ Contractor is bound by Revised Order No. 4 (41 CFR Part 60-2) and Executive Order 11246 of September 24, 1965 as amended, by Executive Orders 11375 and 12086; or Title VI of the Civil Rights Act of 1964 and Federal contract Compliance "bid conditions" in the proposal package. The Bidder/Contractor must complete all forms of this Equal Employment Opportunity Affirmative Action Questionnaire if the total amount of the Contract is equal to or exceeds $10,000.
2.
If at any time there arises a question, problem or need for assistance in meeting the equal opportunity requirements on County contracts, please contact Hillsborough County's Economic Development Department, DM/DWBE & SBE Programs Section, P.O. Box 1110, Tampa, Florida 33601, (813) 914-4028. SANCTIONS AND PENALTIES 1. Failure to comply with the Equal Opportunity and Affirmative Action requirements adopted by the Board of County Commissioners of Hillsborough County may result in suspension or debarment of the firms or individuals involved. Debarment of firms by Hillsborough County for activity contrary to this program will be carried out according to the debarment procedures contained in the Hillsborough County Procurement Manual. Said firm or individual will be notified by registered mail of said suspension or debarment and may appeal suspension or debarment through the procedure set forth in the Procurement Manual. The Board of County Commissioners encourages each Bidder to submit EEO documentation with its Bid. The Board of County Commissioners also reserves the right to reject any Bids from firms who have previously failed to perform properly and who have done so by commission or omission of an act of such serious or compelling nature that the act indicates a serious lack of business integrity or honesty or willingness to comply.
2. 3.
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EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION QUESTIONNAIRE FIRMS CIVIL RIGHTS STATUS All responding firms/Bidders are requested to carefully review the following questions and provide responses as it relates to the firm's/Bidders own affirmative action and equal opportunity practices. Please respond to the following: 1. Provide a copy of your organization's Affirmative Action Plan or Program (if not submitted within the past twelve (12) months.) A written Affirmative Action Plan or Program is required if the firm has fifteen (15) or more employees. If the firm has fewer than fifteen (15) employees, then an Affirmative Action Policy Statement is required. 2. 3. 4. 5. 6. 7. Workforce Analysis by race/sex and EEO Category. If organization receives federal/state/local funding, please list source and dollar amount. Name of person designated as EEO representative. Is the organization receptive to on-site reviews? Does the organization have a procedure for resolving discrimination complaints? Has your firm been charged with discrimination within the past eighteen (18) months? If yes, how many charges, nature of charge; when; and where? Do you anticipate hiring additional staff to perform this Contract? If yes, please provide the number of positions and type of positions. Please provide a copy of the company's Affirmative Action/Equal Employment Opportunity Policy Statement, signed and dated by the Chief Executive Officer (if not submitted within the past twelve (12) months).
8.
9.
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FIRM NAME:
JOB CATEGORY TOTAL EMPLOYEES MALE Officials & Managers Professionals Technicians Sales Workers Office & Clerical Craftsmen (Skilled) Operatives (SemiSkilled) Laborers (Unskilled) Service Workers TOTAL HISP: API: AI: Hispanic Asian/Pacific Islander American Indian FEMALE WHT BLK
MALES HISP API AI WHT
FEMALES BLK HISP API AI
Job categories as provided herein are those categories identified and used in EEO (1-6) reporting requirements, required from employers by the Federal government.
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BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT WE, (hereinafter called the Principal) and (hereinafter called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the City of and authorized to do business in the State of Florida, are held and firmly bound unto the Board of County Commissioners, Hillsborough County, Florida, in the full and just sum of dollars ($ )
in good and lawful money of the United States of America, to be paid upon demand of Hillsborough County and to which payment, will and truly to be made, we bind ourselves, heirs, executors, administrators, successors, and assignees, jointly and severally and firmly by these presents. WHEREAS, the Principal is about to submit or has submitted a Proposal to Hillsborough County for the purpose of
for Hillsborough County and designated as Bid No. ______________________ WHEREAS, the Principal desires to file this Bid Bond in accordance with law, in lieu of an acceptable check otherwise required to accompany the Proposal; NOW THEREFORE, the conditions of this Bid Bond are such that if the Proposal is accepted by Hillsborough County and if the Principal, within ten (10) days after written Notice of Award, (a) executes a written contract in the form and manner required by Hillsborough County; in accordance with the Proposal; and upon the terms, conditions and price(s) set forth therein and (b) executes any Performance Bond and/or Payment Bond required by the Proposal; valued in the amount(s) specified therein; and in a form and with sureties satisfactory to Hillsborough County, or furnishes an Alternate form of security acceptable to Hillsborough County; then this Bid Bond is void. Otherwise, this Bid Bond remains in full force and effect and the Surety shall immediately pay to Hillsborough County, upon demand, the amount secured by this Bid Bond in good and lawful money of the United States of America, upon failure of the Principal to comply with any and all of the foregoing requirements within the time specified above.
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THIS BOND DATED THIS ATTEST: PRINCIPAL:
DAY OF
, 20
(Printed Name) BY: Authorized Signature (Principal) (SEAL)
Witness
Witness
Printed Name Title -ORBY:
Witness
As Attorney in Fact (Attach Power)
Witness
Printed Name
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ATTEST:
SURETY:
(Printed Name) Mailing Address
Witness Witness
BY: (SEAL) Authorized Signature/s (Surety or Sureties) Printed Name -OR-
Witness Witness
BY: As Attorney in Fact (Attach Power) Printed Name Agency Name Agency Mailing Address
(SEAL)
Agency Telephone Number
Page 79 of 92
By signing this Bid, the undersigned affirms that said Bid is made without any understanding, agreement, or connection with any other person, firm or corporation providing a Bid for the same purpose and that this Bid is, in all respects, fair and without collusion or fraud. The undersigned understands that this Bid must be signed in ink and that an unsigned Bid will be considered incomplete and subject to rejection by Hillsborough County. At this present time, we understand all requirements and state that as a serious Bidder we will comply with all the stipulations included in this Invitation to Bid. The above-named Bidder affirms and declares: (1) (2) That the Bidder is of lawful age and that no other person, firm or corporation has any interest in this Bid or in the Contract proposed to be entered into. That this Bid is made without any understanding, agreement, or connection with any other person, firm or corporation making a Bid for the same purpose, and is, in all respects, fair and without collusion or fraud. That the Bidder is not in arrears to Hillsborough County upon debt or contract and is not a defaulter, as surety or otherwise, upon any obligation to Hillsborough County. That no officer or employee or person whose salary is payable, in whole or in part, from the County Treasury is, shall be or become interested, directly or indirectly, surety or otherwise in this Bid; in the performance of this Contract; in the supplies, materials, equipment, and Services and/or Work to which they relate; or in any portion of the profits thereof. That the Bidder has carefully examined the site where the Services and/or Work are to be performed and that, from the Bidders own investigations, the Bidder is satisfied with the nature and location of the Project and/or Work to be performed; the character, quality and quantity of materials; the kind and extent of the equipment and other facilities needed for the performance of the Services and/or Work; the general and local conditions, all difficulties to be encountered; and all other items which may in any way affect the performance of the Services and/or Work. Bidder understands that Section 287.135, Florida Statutes, prohibits agencies and governmental entities from contracting with companies for goods and/or services that are One Million Dollars ($1,000,000.00) or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. Bidder hereby certifies that Bidder is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Bidder understands that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorneys fees and/or costs.
(3) (4)
(5)
(6)
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IN WITNESS WHEREOF, this Bid is hereby signed and sealed as of the date indicated. ATTEST: BIDDER: BY: (SEAL)
Witness Witness
(Authorized Signature in Ink)
(Printed Name of Signer) (Title of Person Signing)
CORPORATE SEAL (Where appropriate)
(Date Signed) (Phone Number of Signer)
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ACKNOWLEDGEMENT OF BIDDER, IF A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me this (Date) of By (Name of officer or agent, title of officer or agent)
a corporation, (Name of corporation acknowledging) (State or place of incorporation) on behalf of the corporation, pursuant to the powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF BIDDER, IF A PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging partner or agent) partner (or agent) on behalf a partnership. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF BIDDER, IF AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging) who personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped)
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INSURANCE REQUIREMENTS
Contractor's Liability Insurance: The Contractor shall procure and maintain in force such insurance as will protect the Contractor from claims under Workers' Compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of Contractors employees including claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractors employees including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property including loss of use resulting therefrom, any or all of which may arise out of or result from the Contractors operations under the Contract Documents, whether such operations be by the Contractor or by any subcontractor or anyone directly or indirectly employed by any of them or for whose acts for which any of them may be legally liable. This insurance shall be written for not less than the limits of liability specified in the Contract Documents or required by law, whichever is greater, and shall include contractual liability insurance. Before starting the work, the Contractor will file with the County certificates of such insurance, acceptable to the County; these certificates shall contain a provision for cancellation as found in Section B, paragraph 11 immediately below. Insurance Required: A. General Before starting and until acceptance of the Work by the County, the Contractor shall procure and maintain insurance of the types and to the limits specified in Section B, paragraphs (1) through (6) below. All policies of insurance under this contract shall include as additional insured Hillsborough County and its employees. All policies shall provide for separation of insured's interests such that the insurance afforded applies separately to each insured against whom a claim is made or a suit is brought. Coverage The Contractor shall procure and maintain in force during the life of this Contract the following types of insurance coverage written on standard forms and placed with insurance carriers acceptable to the County and approved by the Insurance Department of the State of Florida. The amounts and type of insurance shall conform to the following requirements: 1. Worker's Compensation Insurance - The Contractor shall procure and shall maintain in force during the life of this Contract, Workers' Compensation Insurance providing statutory benefits, including those that may be required by an applicable federal statute, for all of his/her employees to be engaged in work on the project under this Contract. In case any class of employee engaged in hazardous work on the project under this Contract is not protected under the Workers' Compensation statute, the Contractor shall provide employer's liability insurance for all said employees. a. Employer's Liability: $100,000 $500,000 $100,000 2. Limit each Accident Limit Disease Aggregate Limit Disease each Employee
B.
Commercial General Liability Insurance - Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Service office with limits of not less than those listed below and must include: a. General Aggregate: Products and Completed Operations:
Page 83 of 92
$2,000,000 $2,000,000
Personal and Advertising Injury: Each Occurrence: Fire Damage (anyone fire): Specific Project Limits: 3.
N/A $2,000,000 N/A $2,000,000
Automobile Liability Insurance - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy filed by the Insurance Service office with limits not less than those listed below and must include: a. b. c. d. e. $2,000,000 combined single limits each accident, for bodily injury and property damage liability. Owned Vehicles Hired and Non-owned Vehicles Employer Non-ownership Garage Keepers Liability:
6. 7.
Pollution Liability: $2,000,000 per occurrence. Certificate of Insurance and Copies of Policies - Certificates of Insurance must be furnished to Hillsborough County evidencing the insurance coverage specified in the paragraphs above, and, upon request by the County, certified copies of the policies shall be filed with the Risk Management Division of the County on a timely basis. Any General Liability, Pollution Liability, Garage Keepers, Builders Risk, Watercraft, or Aircraft Insurance policies that are required under this Contract must include Hillsborough County BOCC as an Additional Insured and shall name the types of policies provided and shall refer specifically to this Contract. If the initial insurance will expire prior to the completion or expiration of the Contract, renewal Certificates of Insurance shall be furnished to the County thirty (30) Days prior to the date of their expiration. The required limits for insurance may be achieved through a combination of primary and umbrella policies. These policies must provide that the insurer(s) waive their rights of subrogation against the Hillsborough County Board of Commissioners, their officials, employees, agents, and consultants. Cancellation - Insurance policies shall not be canceled or non-renewed before the stated expiration date thereof. If the insurance policies will be canceled or non-renewed before the stated expiration of such policies, then the insurer will not cancel same until at least thirty (30) Days prior written notice has been given to the below named certificate holder. This prior notice provision shall be a part of each of the above-described policies.
8.
9. 10. 11.
Page 84 of 92
CERTIFICATE OF LIABILITY INSURANCE

Date:
Producer, Address, Telephone No. Insurer A: Insurer B: Insured, Address Insurer C: Insurer D: Insurer E: This is to certify that the insurance policies listed below have been issued to the insured and are in force at this time. It is further certified that these policies have been endorsed to provide that they will not be cancelled or changed so as to reduce the described coverages until 30 days after written notice of such cancellation or change has been delivered to the certificate holder at the address shown below. Insr Type of Insurance Policy Number Policy Policy Limits Ltr Effective Expiration Date Date General Liability Commercial General Liability Claims Made Occur Each Occurrence Fire Damage Personal & Advertising Injury General Aggregate General Aggregate Limit Applies per: Policy Project Loc Products Completed Operations Aggregate
Insurers Affording Coverage
$ $ $ $ $ $
Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos
Combined Single Limit (Each Accident) Bodily Injury (Per Person) Bodily Injury (Each Accident) Property Damage (Per Accident)
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Garage Liability Any Auto
Auto Only Ea Acc Other than Auto Only: Ea Acc
Excess Liability Occur Deductible Retention Claims Made
Aggregate Each Occurrence Aggregate
$
WC StatuOthtory Limits er E. L. Each Accident E. L. Disease Ea Emp E. L. Disease Pol Limit
Workers Compensation and Employers Liability
Other
Contractual Liability Coverage is Included in listed General and Auto Liability Policies.
Hillsborough County, a political subdivision of the state of Florida has been named as an Additional Insured on the listed General, Auto and
Aircraft Liability Policies. Listed General Liability Policies include a Separation of Insureds (severability of interests) provision. Other Provisions/Limitations/Conditions: BID NO. ITB-S-0300-0-2012/JSW Certificate Holder: Hillsborough County - BOCC Risk Management Division 601 E. Kennedy Blvd, 26th FL Tampa, FL 33602 Fax No. (813-635-8274) Authorized Representative: Signature _____________________________________
Page 85 of 92
AGREEMENT
THIS AGREEMENT is made and entered into this ________day of________________________, 20________, (award date for projects subject thereto) by and between the BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, hereinafter called County; and __________________________________________________________________ hereinafter called Contractor. WITNESSETH THAT: In consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1. The Contractor, being the lowest responsible Bidder, shall provide to the County the labor, Services, materials, Work and all appurtenances thereto per the requirements set forth within this Invitation to Bid. 2. The following sections of this Invitation to Bid are hereby incorporated into this Agreement by reference: Bid Data, Instructions to Bidders, General Terms and Conditions, Special Terms and Conditions, Specifications, all Addenda issued, all attachments to this Invitation to Bid, and the Bidders Bid. 3. The Contractor shall furnish, at its own cost and expense, all equipment, tools, materials and labor of every description necessary to carry out and complete said Services/Work in a good, firm, substantial and workmanlike manner. 4. This Agreement shall be in effect for the period beginning ___________ and ending . The Contractor shall commence performance of Services/Work required hereunder on said beginning date unless otherwise stated herein. 5. Indemnification (General Liability): The Contractor shall indemnify, hold harmless, and defend the County and the Board of County Commissioners, their agents and employees and anyone directly or indirectly employed by either of them, from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in equity, including court costs and attorneys' fees, that may hereafter at anytime be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, to the extent caused or incurred, as a result of any negligent, wrongful, or intentional act or omission of, or based on any act of fraud or defalcation by the Contractor, or anyone performing any act required of the Contractor in connection with performance of the Contract awarded pursuant to this Bid. These obligations shall survive acceptance of any goods/Work and/or performance and payment therefore by the County. 6. Including the provisions contained in this Agreement, the Contractor and the County shall adhere to all provisions contained in the Contract Documents, the same being incorporated as part of this Agreement by reference. 7. The County shall pay and the Contractor shall accept as full compensation for all Work done and materials furnished; for all costs and expenses incurred, and loss or damages sustained by reason of action of the elements or growing out of the nature of the Work, or from any unforeseen obstruction or difficulties encountered in the prosecution of the Work; for all expenses incurred by, or in consequence of the suspension or discontinuance of the Work herein specified; and for well and faithfully completing the Work, the whole thereof, therein provided, and maintaining the Work in good condition until the final payment is made, an amount based upon the actual quantities of Work and materials utilized in constructing the Project, compensable at the unit prices shown in the Contractors Bid , however, in no event shall the total compensation paid under the terms of this Agreement exceed $ ______________________________for_______________________________________ unless otherwise authorized by the County in a Modification Agreement. The County and the Contractor acknowledge that the total Bid price shown in the Contractors Bid is based upon the extension of the unit prices and estimated quantities shown in the Contractors Bid. The County and the Contractor acknowledge that the performance of this Contract may require changes in the item quantities shown in the Contractors Bid which changes may result in adjustments in the pay quantities which comprise elements of the total Bid price shown in Contractors Bid. All such changes and adjustments shall be accomplished by Modification Agreement(s) issued in accordance with the provisions of these Contract Documents.
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8. Contractor understands and agrees that during the fiscal year in which this Agreement is entered into, the County will have sufficient unencumbered funds to cover payment for the goods, Services and/or Work to be provided under this Agreement during said fiscal year. 9. During the performance of this Agreement, the Contractor herein assures the County that said Contractor is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992 in that the Contractor does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discriminate in any form or manner against said Contractors employees or applicants for employment. The Contractor understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Contractor herein assures the County that said Contractor will comply with Title VI of the Civil Rights Act of 1964 when Federal grant(s) is/are involved. Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability. 10. This Agreement shall be contingent upon the Contractor furnishing the County, when required, a certificate of Competency, Certificate(s) of Insurance, Performance Bond, Payment Bond, and any other such documents as required in this Contract within ten (10) Days after the Notice of Award. 11. This Agreement may only be amended or modified by a written instrument executed by the County and the Contractor, except for Unilateral Change Orders and Unilateral Extensions, as provided for in the General Terms and Conditions. 12. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of Florida, or the laws, rules, and regulations of the United States when providing Services and/or Work funded by the United States government and venue shall be in Hillsborough County, Florida. 13. Termination for breach: Unless the Contractors breach is waived, the County may, upon the giving of written notice, terminate this Agreement for said breach. Waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach; nor shall it be construed to be a modification of this Agreement. The aforesaid termination notice shall be considered received by the Contractor and the County if delivered in person with written proof thereof, or when deposited in the U.S. Mail, in a prepaid wrapper marked certified, return receipt requested. 14. Notice - Any notice required by this Agreement shall be given to the following representatives of the parties: CONTRACTOR:
COUNTY:
15. The foregoing constitutes the entire Agreement between the parties with respect to the subject matter contained herein.
Page 87 of 92
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: PAT FRANK CLERK OF CIRCUIT COURT COUNTY: HILLSBOROUGH COUNTY FLORIDA BY:
BY:
DEPUTY CLERK
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
ATTEST:
CONTRACTOR
WITNESS
AUTHORIZED CORPORATE OFFICER OR INDIVIDUAL (SIGN BEFORE NOTARY PUBLIC)
WITNESS
(Printed Name Of Signer) (Title) (Phone) (Date)
Approval Department Business and Support Services - Procurement County Attorneys Office _______________ _______________ _______________
Date _____________ _____________ _____________
Page 88 of 92
ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me this (Date) of By (Name of officer or agent, title of officer or agent)
a corporation, (Name of corporation acknowledging) (State or place of incorporation) on behalf of the corporation, pursuant to the powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced
as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging partner or agent) partner (or agent) on behalf a partnership. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) ACKNOWLEDGEMENT OF CONTRACTOR, IF AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging) who personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped)
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PERFORMANCE BOND
BOND NO. I. BY THIS BOND, WE (hereinafter called the "Principal") and (Name of Surety) (hereinafter called the "Surety"), a surety insurer chartered and existing under the laws of the State of and authorized to do business in the State of Florida, are held and firmly bound unto the BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA (hereinafter called the "Owner") in the sum of ($ ) for payment of which we bind ourselves, our heirs, our personal representatives, our successors, and our assignees, jointly and severally. II. WHEREAS, the Principal and Owner have reached a mutual agreement (hereinafter referred to as the "Contract"), as of ____________________________ (the bid award date for projects subject thereto) for the purpose of _______________________________________________________________________ _____________________________________said Contract being made a part of this Bond by this reference. III.A. NOW THEREFORE, THE CONDITION OF THIS BOND IS THAT IF THE PRINCIPAL: 1. Shall faithfully perform the Contract, including and during such time the Contract has been renewed or extended pursuant to the Owner's options in that regard, at the times and in the manner prescribed in said Contract; Shall pay the Owner for all losses, damages, expenses, costs, and attorney's fees, including those resulting from appellate proceedings, that the Owner sustains because of a default by the Principal in contravention to the Contract; and Shall perform the guarantee of all work and materials furnished under the Contract for the time specified in said Contract; then this Bond is void; otherwise, this Bond remains in full force and effect.
2.
3.
B. BE IT FURTHER KNOWN: Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the said Contract or alterations which may be made in the terms of the said Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the said Contract, or any other forbearance on the part of either the Owner or the Principal to the other, shall not in any way release the Principal and the Surety, or either or any of them, their heirs, their personal representatives, their successors or their assigns from liability hereunder, notice to the Surety of any such changes, alterations, extensions or forbearance being hereby waived.
Page 90 of 92
THIS BOND DATED THIS
DAY OF
, 20
(the date of issue by the Surety or by the Surety's agent and the date of such agent's power-of-attorney). ATTEST: PRINCIPAL:
(Printed Name) BY: Authorized Signature (Principal) Printed Name Title of Person Signing -OR(SEAL)
Witness Witness
Witness Witness
BY: As Attorney in Fact (Attach Power) Printed Name ACKNOWLEDGEMENT
(SEAL)
State of
County of (Date)
The foregoing instrument was acknowledged before me this By of a
(Name of officer or agent, title of officer or agent) (Name of corporation acknowledging) (State or Place of Incorporation) corporation, on behalf of the corporation, pursuant to the
powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced (Type of Identification) as identification and did certify to have knowledge of the matters stated in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) Commission Number Commission Expiration Date
Page 91 of 92
ATTEST:
SURETY:__________________________________ (Printed Name) Mailing Address
Witness Witness Witness Witness
BY: Authorized Signature Printed Name -ORBY: As Attorney in Fact (Attach Power) Printed Name Agency Name Agency Mailing Address
(SEAL)
(SEAL)
Agency Telephone Number ACKNOWLEDGEMENT State of County of (Date)
The foregoing instrument was acknowledged before me this By of (Name of officer or agent, title of officer or agent)
(Name of corporation acknowledging) a _________________ corporation, on behalf of the corporation, pursuant to the _________________________ (State or Place of Incorporation) powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced (Type of Identification) as identification and did certify to have knowledge of the matters stated in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) Commission Number Commission Expiration Date
Page 92 of 92

09-13-12 Hillsborough Solid Waste

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09-13-12 Hillsborough Solid Waste

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Board of County Commissioners Solid Waste Collection Workshop Agenda September 13, 2012 1:30 3:30 p.m.

Ken Hagan, Chair, BOCC

Michael S. Merrill, County Administrator

Overview of Objectives and the Process

John W. Lyons, Director, Public Utilities

Mitch Kessler, Kessler Consulting, Inc.

Board of County Commissioners

Ken Hagan, Chair, BOCC

HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT DOCUMENT

INVITATION TO BID COVER SHEET

BID NO: TITLE:

ITB-S-0299-0-2012/JSW Processing and Marketing of Recyclable Materials

BID NO. ITB-S-0299-0-2012/JSW

BID NO. ITB-S-0299-0-2012/JSW

BID NO. ITB-S-0299-0-2012/JSW

BID NO. ITB-S-0299-0-2012/JSW

BID NO. ITB-S-0299-0-2012/JSW

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16. PAYMENT AND COMPLETION: 16.1.

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(f) Revised Order Number 4, 41 CFR 60-2.10.

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Principal Address, if different:

Business has been in operation under its present name since:

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BID FORM(S) CHECKLIST

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$50.00) Contractors fee

AMV of one Ton of Program Recyclables

Share to be paid to the County

per Ton of inbound Program Recyclables to be paid by Contractor to the County

per Ton of inbound Program Recyclables to be paid by Contractor to the County

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16.b.1. Reference: Contracted With: Contact Person: Address:

Date _______ _ _______