HomeMy WebLinkAboutCity of Tamarac Resolution R-98-170Temp. Reso. #8231
Page 1
May 18, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- 00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 98-
19B TO CLARKE WASTE SYSTEMS, INC. FOR
CONSTRUCTION OF A RECYCLING TRUCK; AUTHORIZING
AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED
$100,875; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac is required to maintain and replace its recycling
truck as stated in Ordinance No. 94-14, attached hereto as Exhibit 1; and
WHEREAS, the City of Tamarac existing recycling truck is eight (8) years old and
showing mechanical and structural fatigue and needs to be replaced by a more efficient
unit; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 98-19B for construction
of a recycling truck, attached hereto as Exhibit 2; and
WHEREAS, on April 15, 1998 three (3) bids were opened and reviewed in order to
determine cost and responsiveness to the City's technical specifications; and
WHEREAS, Clarke Waste Systems, Inc., submitted the lowest proposal at
$100,875, Vantage Equipment Company and Transtat Equipment, Inc., quoted
respectively $103,863 and $106,400; and
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Temp. Reso. #8231
Page 2
May 18, 1998
WHEREAS, funding was appropriated by the City Commission in the General Fund
for said purpose; and
WHEREAS, the Public Works Director, Purchasing/Contracts Manager, and Public
Works Operations Manager recommend that the City utilizes Clarke Waste Systems, Inc.,
for construction of the recycling truck; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to award the recycling
truck bid to Clarke Waste Systems, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The award of Bid #98-19B to Clarke Waste Systems, Inc., in the
amount of $100,875 is HEREBY authorized.
SECTION 3: That a total expenditure in an amount not to exceed $100,875
is hereby authorized from within the General Fund.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp. Reso. #8231
Page 3
May 18, 1998
SECTION 5: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
h
A
r
M
n• :.
I HEREBY CERTIFY that I
approved this
RESaLUTION as to form.
(TCHELWP
CITY ATTOR
U:\adm correspondence\agenda\8231 RES-Recycling Truck
/0 day of 9&4_� 1998.
YOE
SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER Z_7__
DIST 1:
COMM. McKAYE
DIST 2:
V/M MIS HKIN
DIST 3:
COMM. SULTANOF
DIST 4:.
COMM. ROBERTS
Exhibit 1 1
TEMP, SO+ No. Temp. Ord.. # 1 d 9 8
Revised 9/19/94
CITY OF TAMARAC, FLORIDA
Ordinance NO. 94-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA; AWARDING
JOINT GROUP CITIES BID NO. 6-20-94-10 TO
ALL SERVICE REFUSE AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
FRANCHISE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND ALL SERVICE REFUSE COMPANY,
INC. FOR RESIDENTIAL RECYCLING COLLECTION;
SETTING FORTH TERMS AND CONDITIONS OF
SAID FRANCHISE PROVIDING AUTHORITY TO
COLLECT $1.00 PER MONTH FROM SINGLE-
FAMILY UNITS AND $.82 PER MONTH FROM
MULTI -FAMILY UNITS; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDINGFOR AN EFFECTIYE DATE,
WHEREAS, the City of Tamarac is authorized to enter into franchise
agreements with recycling collectors; and
WHEREAS, the City of Tamarac, Margate, North Lauderdale, Lauderhill
and Coconut Creek advertised for bids for recycling collection from multi-
family units and curbside collection from all single-family units within
Group Cities; and
WHEREAS, on June 20, 1994 the Joint Group Cities Contract
Administrator opened Bid No. 6-20-94-10 for the Joint Group Cities
Recycling Program; and
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Temp. Ord.. # 16 9 $
Revised 9/19/94
WHEREAS, on August 18, 1994 the Joint Group Cities Administrative
Committee awarded Bid No. 6-20-94-10 to All Service Refuse Company,
Inc., for the City of Tamarac subject to Commission approval; and
WHEREAS, All Service Refuse Company is the lowest, fully
responsive and responsible bidder; and
WHEREAS, the City of Tamarac has full right and authority to the
Joint Recycling Bid submitted, utilized and accepted by CONTRACTOR; and
WHEREAS, CITY desires to contract with CONTRACTOR to provide
residential curbside and containerized Recycling Collection services as
defined herein; and
WHEREAS, Chapter 403, Florida Statutes mandates that cities
cooperate with counties to reduce the waste stream by thirty percent
(30%) by December 31, 1994, and
WHEREAS, Broward County has recognized the value of recycling by
exempting recyclable materials from the mandatory delivery of all solid
waste to the resource recovery facility as contained in the Interlocal
Agreement with Broward County for Solid Waste Disposal Service, dated
November 25, 1986, and
WHEREAS, the City of Tamarac and All Service Refuse Company, Inc.
wish to set forth the terms and conditions of the Recycling Agreement.
WHEREAS, the City Commission wishes to grant a franchise to All
Service Refuse Company, Inc. for residential single-family and multi-
family recycling collection.
3
Temp. Ord.. #169$
Revised 9/19/94
WHEREAS, the City of Tamarac will be required to administer,
manage, and service grants and purchase additional recycling bins, carts
and educational materials; and
WHEREAS, the City of Tamarac will be required to maintain and
replace its recycling truck; and
WHEREAS, the City of Tamarac hereby recognizes a decrease in grant
revenues and an increase in operational costs; and
WHEREAS, the City of Tamarac will establish recycling rates to
maintain operational costs; and
WHEREAS, to pay for the costs associated with the administration
of the recycling program, the following costs have been recommended by
the City Administration:
Single-family $1.00 per month
Multi -family $ .82 per month
WHEREAS, the -Assistant City Manager and City Manager hereby
recommend approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS' clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific
part of this Ordinance.
0
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Temp. Ord.. #169_8
Revised 9/19/94
ECTION 2: That a franchise is granted to All Service Refuse
Company, Inc. subject to the terms and conditions in the attached
agreement hereto and made a part hereof as Exhibit "A" for an initial term
to expire on December 31, 1997.
5FCTION _3: That authority is given to collect $1.00 per month from
single-family units and $.82 per month from multi -family units and for
the CONTRACTOR to be paid as designated in Exhibit "A" attached hereto
currently at a rate of $.81 per month for single-family units and $.41 per
month for multi -family units.
SECTION_4^ All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
$ACTION 5: If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of this Ordinance that can be
given affect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be severable.
191
APPROVED ON 1ST READING this /`f day of 1clsiX , 1994.
It
APPROVED ON 2ND READING this,29 day of Acr: 1994.
. i WLE^ • POW
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5
Temp. Ord.. # 16 9 8
Revised 9/19/94
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
L_ MITCHELL S. KRA U,,,/
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DIST. 1:
V / M KATZ
DIST. 2:
C / M MISHKIN
DIST. 3:
C / M SCHREIBER t�
DIST. 4:
C / W MACHEK
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•
m IM Cr Y OF TAMARAC
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
ALL SERVICE REFUSE COMPANY, INC.
FOR
FURNISHING
RESIDENTIAL RECYCLING COLLECTION SERVICES
SEPTEMBER 1,1994
•
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
F.1�111
ALL SERVICE REFUSE COMPANY, INC.
� t
FURNISHING RESIDENTIAL RECYCLING COLLECTION SERVICES
v
This is an Agreement dated the '44 day of 1994, between THE CITY
OF TAMARAC, a political subdivision of Broward County, Florida, its successors and assigns,
(hereinafter referred to as "CITY"), through its City Council, and ALL SERVICE REFUSE
COMPANY, INC., its successors and assigns, (hereinafter referred to as "CONTRACTOR").
WITNESSEIH
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
ARTICLE I
Definitions
1.1 ADJUSTED TON: Tonnage that is received by the processing center less any
adjustment for contamination.
1.2 CM: Shall include the City Council of the City of Tamarac, Florida.
1.3 : Shall be December 19, 1994 at 12:01
a.m.
1.4 : Recyclable Materials
other than newspaper, cardboard and incidental kraft paper mixed together in the
same container.
1.5 CONDOMINIUM: Multi -family residential apartment buildings that are on the
Broward County tax rolls as condominium ownership and assessment, and are
designed for mechanical container (dumpster) garbage and trash pick. -up.
1.6 CONTAMINATION: The mixture of Recyclable Materials and materials which
are not capable of being recycled to the extent that it is not possible to separate the
Recyclable Materials from the materials which are not capable of being recycled.
1.7 CONTRACT ADMINISTRATOR: Shall be City Manager and/or his designee.
1.8 CONTRACTOR: Shall be All Service Refuse Company, Inc.
1.9 : Shall include any single-family or residential service unit within
the corporate limits of the City of Tamarac.
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1.10 DEFAULT: The failure of CONTRACTOR to provide a material portion of any
of the scope of services as outlined in this Agreement.
1.11 GROSS ,RECEIPTS: Shall include all revenues received by CITY pursuant to
this Agreement which shall include monthly compensation pursuant to Article 6.
1.12 GROUP CITIES: Coconut Creek, Lauderhill, Margate, North Lauderdale and
Tamarac.
1.13 MATERIALS RECOVERY FACILITY (MRF): A processing center facility
which accepts the delivery of Recyclable Materials which have not been sorted by
type by CONTRACTOR and which purchases or accepts Recyclable Materials
which have not been sorted by type by CONTRACTOR.
1.14 PERFORMANCE BOND: Shall mean the form of security approved by the
CITY and furnished by the CONTRACTOR as a guarantee that the
CONTRACTOR will execute the work in accordance with the terms of the
Agreement and will pay lawful claims.
1.15 PUBLIC AWAIRENESS P • Promotional, educational program
developed by CONTRACTOR and CITY to inform and encourage residents to
use the recycling collection services.
1.16 RECYCLABLE MATERIALS: Program recyclables are defined as:
- Corrugated cardboard;
- Newspapers and inserts;
- Clear glass, green glass and brown glass food and beverage containers;
- Aluminum steel and bi-metal food and beverage containers;
- Plastic containers (types #1, #2 and #3);
- Polycoated gabletop containers and aseptic packages;
- Incidental kraft paper and film plastic bags used to contain program recyclables;
- Phone books (on scheduled program).
Program recyclables and other such Recyclable Materials from single family or
multi -family units as the parties may agree to in writing.
1.17 RECYCLING COLLECTION SERVICES: Services to be performed by
CONTRACTOR:
(a) Collection of Recyclable Materials from locations designated by City.
(b) Transportation, sale and unloading of Recyclable Materials at the MRF.
1.18 RESIDENT: An owner of or occupant of a unit.
1.19 ROLM- A scheduled sequence of streets for pick-up of Recyclable Materials by
a recycling vehicle on any given day.
1.20 SCUEE QIE WORK: The work under this Agreement shall consist of the
supervision, materials, equipment, labor and all other items necessary to complete
said work.
1.21 SERVICE AREA: City limits of City of Tamarac.
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1.21 SERVICE AREA: City limits of City of Tamarac.
1.22 5 RETY: Shall mean the party who is bonded with and for the CONTRACTOR
to insure the payment of all lawful debts pertaining to and for the acceptable
performance of the Agreement.
1.23 UNIT: Shall mean the place of residence of a customer.
(a) Single Famft.,
A single dwelling unit or a multi -family unit which uses curbside trash
collection.
(b) MW Eam ilx;.
A dwelling unit within a multi -family structure, or a single dwelling unit
which uses containerized trash collection.
ARTICLE 2
Grant of Franchise
In consideration of the CONTRACTOR'S performance hereunder and compliance with the
covenants and conditions set forth herein, and in the ordinances and regulations of the CITY
governing the collection of residential solid waste, the CITY hereby grants to the
CONTRACTOR the non-exclusive right pursuant to Article 7.19 of the City's Charter to use the
public streets, alleys and thoroughfares within the corporate limits of the CITY for the purpose of
engaging in the business of collection of recyclable materials from residential customers located
within the corporate limits of the CITY pursuant to the terms of this Agreement, but not
otherwise.
The CITY shall retain vested title to all Recyclable Materials covered by this franchise
Agreement and generated within the corporate limits of the CITY. CONTRACTOR shall
transport all collected Recyclable Materials to the processing center facility designated by the
CITY.
CONTRACTOR shall take possession of the Recyclable Materials upon pickup from residents
and shall be responsible for the safe delivery of such Recyclable Materials to the designated
processing center facility.
ARTICLES
Term
3.1 CONTRACT TERM: The term of this Agreement shall begin at 12:01 a.m. on
December 19, 1994 and shall expire on December 18, 1997.
3.2 OPTION (EXTENSION): CITY and CONTRACTOR shall have the option to
extend the term of this Agreement on a month -to -month basis on thirty (30) days
written notice.
3.3 RENEWAL: CITY and CONTRACTOR shall have the option to extend the
term of this Agreement for a Two Year Period of Time to allow for concurrent
term of solid waste and recycling contracts, thereafter this Agreement may be
renewable for five (5) year periods by CITY. The decision to renew this
Agreement for an additional term shall be made by the CITY no later than the end
of the current term. Notice shall be provided by CITY to CONTRACTOR
9/1/94 3
to CONTRACTOR pursuant to Article 19.17. CITY shall not have any obligation
to exercise any additional term.
ARTICLE 4
Scope of Services
4.1 T N :
CONTRACTOR hereby agrees to collect all Recyclable Materials by residential
customers within the corporate limits of the CITY, except as specifically excluded
in this Agreement.
4.2 : Residential Recycling
Service shall be provided regular recycling collection service at least one (1) time
per week under this Agreement. All units are required to receive such service.
O1 HOLIDAY SCHEDULE: Pickups shall not be reduced by holidays, other
than Christmas Day. CONTRACTOR shall be required to pick up recycling on
all holidays other than Christmas Day. If a pick-up day falls on Christmas Day,
collection shall not be made.
(c,) QUANTITY: CONTRACTOR shall be required to pick up recyclabled
materials as follows:
(c)(1) CONTRACTOR will establish route(s) for recycling collection
vehicle(s) to efficiently collect recyclabled materials.
(c)(2) CONTRACTOR shall collect recycling materials a minimum of
once per week.
4.4 METHOD OE COLLECTTQN- CONTRACTOR shall provide recycling
collection to:
(A) Multi -Family Units
1. Materials:
Two sort commingled Recycling Collection Service consisting of sort (1) -
newspaper, and corrugated cardboard, sort (2) consisting of glass food or
beverage containers (clear, brown, green); aluminum, steel and bi-metal
food and beverage containers; plastic containers (Types 1, 2 and 3), gable
top and aseptic beverage containers, incidental kraft paper and film plastic
bags used to contain Program Recyclables.
2. Route:
CONTRACTOR may establish route(s) for recycling collection vehicle(s)
without regard to the order of multi -family units within each phase. Each
location shall be provided with Recycling Collection Service a minimum
of once per week, and shall be provided with Recycling Collection
Service, in CONTRACTOR'S discretion, more often if needed to prevent
container overflow. All recycling containers shall be placed within trash
. rooms or dumpster enclosures. In locations where it is not possible to
place containers in enclosures, CONTRACTOR shall contact Contract
Administrator for instructions. Each container shall be serviced by
9/1/94 4
CONTRACTOR'S employee and emptied. The employee shall then return
the container to its designated location.
3. Container5:
(a) Each multi -family complex will be distributed a minimum of two (2)
containers per each trash dumpster enclosure. One container shall be used
for the collection of sort one and the other for collection of sort two. A
compartmentalized truck shall be used to service each location. CITY
shall provide 90-100 gallon containers at commencement of service. The
location of complexes, number of dumpster sites and units assigned for the
recycling program are outlined in Exhibit B, attached hereto and made a
part hereof.
(b) Containers shall contain decal text relative to the items to be deposited
and ownership of containers. Container assembly, application of decals
and delivery to complexes/site locations shall be the responsibility of
CONTRACTOR. Maintenance of containers, including but not limited to,
repair or replacement of broken lids, wheels, axles, stop bars and handles
and all costs related to maintenance shall be the responsibility of
CONTRACTOR. When CITY determines that a container has been
damaged beyond repair, CONTRACTOR will transport container to the
City's inventory site for replacement and deliver a new container to site.
CITY shall retain ownership of all containers.
(B) Single Family Units
1. Mgtezials
Two sort commingled Recycling Collection Service consisting of sort (1) -
newspaper, and corrugated cardboard, sort (2) - consisting of glass, food
and beverage containers (clear, brown, green); aluminum, steel and bi-
metal food and beverage containers; plastic containers (Types 1, 2 and 3),
gable top and aseptic beverage containers, incidental kraft paper and film
plastic bags used to contain Program Recyclables.
2. Route:
(a) Single Family: CONTRACTOR shall collect once each week from
all single family units on the same day of the week as one of the garbage
collection days. Collection shall be made only between the hours of 7:00
a.m. and 7:00 p.m. There shall be no collection on Sundays.
(b) Commencemgnt of Service; Prior to commencing services,
CONTRACTOR shall provide CITY with a route map or schedule. CITY
shall have the right to approve said route map or schedule, which approval
shall not be unreasonably withheld. Should CONTRACTOR propose
substantial route changes which alter the date of collection, upon City's
approval of the proposed changes by CONTRACTOR, CONTRACTOR
shall promptly give written notice to the affected residential units.
CONTRACTOR acknowledges and agrees that CONTRACTOR shall be
obligated to take such actions as necessary to fulfill its duties and
obligations hereunder and that CITY may after negotiation with
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CONTRACTOR and a mutual agreement between CITY and
CONTRACTOR, from time to time, issue written directions to
CONTRACTOR clarifying the scope of Contractor's services to fulfill the
intent of this portion ofthe Agreement.
3. Cgntairtersr
Each single family unit shall be provided with a minimum of at least one
12-gallon or larger recycling container for collection of commingled
Recyclable Materials.
Contractor's employee shall pickup recycling container and newspaper at
curbside. Recyclable Materials shall be placed into recycling collection
vehicle. The emptied recycling containers shall be placed at the curb.
Recycling materials will be delivered to the Materials Recovery Facility.
Containers will contain text relative to ownership and instructions as to
what are items to be deposited in the containers. Initial container
placement shall be the responsibility of CITY. Storage and replacement of
broken or stolen containers shall be the responsibility of CITY upon
notification by CONTRACTOR. CITY shall retain ownership of all
containers.
4. Missed Pickups:
In the event of a missed pick-up reported by CITY or a resident,
CONTRACTOR shall collected the Recyclable Materials from such site
within 24 hours of receipt of any such report. CONTRACTOR shall not
be responsible for missed pick-ups caused by residents who do not place
their Recyclable Materials at curbside in a timely manner.
(C) Service to City Facilities:
CONTRACTOR shall provide Recycling Collection Service of program
materials from containers to be placed by CONTRACTOR at dumpster
locations at CITY facilities as defined in ARTICLE 4.9. CONTRACTOR
shall provide servicing of recycling containers to be placed at CITY
facilities. Said locations shall be provided with Recycling Collection
Service a minimum of once per week. All revenue from material in these
containers will be shared in accordance with ARTICLE 6.5(a).
4.5 HOURS OF COLLECTION: Collection shall begin no earlier than 7:00 A.M.
and shall cease no later than 7:00 P.M. In the case of an emergency, collection
may be permitted at other times, provided CONTRACTOR has received prior
approval from CITY or authorized representative, to be later evidenced by a
written memorandum confirming the approval. There shall be no collection on
Sundays.
4.6 PHYSICALLY DISABLED: CONTRACTOR shall provide recycling pickup
(back or side door) concurrent to single family curbside service who qualify for
such service. Residents shall be required to write a letter and provide proof of
medical disability to the City Manager of the City of Tamarac establishing such
disability of household members.)
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4.7 RECYCLING- COLLECTION: CONTRACTOR shall make collections with a
minimum of noise and disturbance. Containers shall be handled carefully by
CONTRACTOR and shall be disposed in a sanitary manner. Any Recyclable
Materials spilled by the CONTRACTOR shall be picked up and removed by
CONTRACTOR.
4.$ MUNICIPAL SERVICE: CONTRACTOR shall provide CITY with multi-
family sort 1 and sort 2 recycling collection service at the following locations at
no cost to CITY:
MUNICIPAL UCA11ONS_FR.EE OF CHARGE
QUANTITY
Tamarac City Hall 3 carts
7525 N.W. 88th Avenue
Police Facility 3 carts
7515 N.W. 88th Avenue
Tamarac Public Services 3 carts
6001 Nob Hill Road
And any additional locations may be specified by the City Manager and approved by
CONTRACTOR.
4.9 PHONE BOOKS: CONTRACTOR shall add phone books to sort 1 items for a
period not to exceed three (3) months per calendar year. CONTRACTOR shall
not be responsible for MRF processing costs assessed, if any. CONTRACTOR
agrees to assist CITY in pursuing grant funding for telephone book processing.
4.10
(a) Whenever feasible, CONTRACTOR shall remove non -Recyclable Materials,
subject to ARTICLE 9 of this Agreement, entitled "Refusal to Pick-up". In multi-
family collection, CONTRACTOR will contact the complex manager requesting
future corrective action and notify CITY. In single family collection,
CONTRACTOR shall notify in writing the resident as to the need for corrective
action.
(b) Items not acceptable at the MRF will continue to be considered contaminants.
When CONTRACTOR is apprised of contamination in a load or loads.
CONTRACTOR will immediately notify the administrator for CITY and
CONTRACTOR will remove contaminants from MRF.
(e) City shall not be responsible to CONTRACTOR for any disposal cost of
contaminated Recyclable Materials.
4.11 DELAY CAUSED BY EMERGENCY _CONDITIONS: In the event an
emergency, as defined in Chapter 252, Florida Statues, is declared by Broward
County or by CITY which causes an interruption of service, CONTRACTOR
shall notify CITY as soon as practicable of the service interruption, and the time
of anticipated restoration of service.
4.12 IMPLEMENTATION OF SERVICE& CONTRACTOR shall perform
Recycling Collection Services as provided by this Agreement. The area and
9/1/94 7
number of units serviced shall not be reduced during the term hereof unless said
unit is no longer within the boundaries of CITY.
ARTICLE-5
Data Gathering
5.1 CONTRACTOR shall provide CITY with a monthly report (as described in
Exhibit "A") due by the loth of each month outlining weight of each sort
collected on a daily basis per route, daily number of drive bys, by route, daily
number of set outs, by route, adjusted weight and percentage of contamination,
and weight ticket numbers. Weight tickets and all records required shall be made
available for review upon request by CITY. Single family curbside and Multi-
family shall contain an estimate of weights of materials collected.
CITY shall provide CONTRACTOR a quarterly report within ten (10) days of
receipt from County which itemizes the amount of gross revenues paid to CITY
from the sale of recyclables itemized by sort.
In the event that materials are directed to a facility other than MRF and reports are
directed to the CONTRACTOR, the above obligation reverts to the
CONTRACTOR.
ARTICLE 6
Rates, Records, Billing
6.1 MULTI-F MA ILY:• The price paid to CONTRACTOR shall be $.41 (Forty -One
Cents) per multi -family unit per month.
6.2 SMLE FAMILY: The price paid to CONTRACTOR shall be $.81 (Eighty -
One Cents) per single family unit per month.
63 CONSUMER PRICE INDEX (CPI_ AD.IUSTMENT: If this agreement is not
terminated as provided herein, on January 1 of each subsequent year hereof, the
rate shall be adjusted by the same percentage increase or decrease, if any, in the
Miami Urban Consumer Price Index (CPI) for the twelve (12) month period
ending the previous September 30.
6.4 RECORDS: CONTRACTOR agrees to maintain, at his local office or principal
place of business within Broward County, adequate books and records relating to
the performance of its obligation under this Agreement.
:�_i �I �fi►�CKi�Fi1—aC� ii�h'7�a rl ��`�u i �i►� ��
(a) CITY shall remit to CONTRACTOR on a quarterly basis due within ten (10)
business days of receipt of payment from the County, fifty percent (50%) of the
gross revenues received by CITY from the sale of all recyclable material(s) from
the single family program and from the multi -family program.
(b) CITY shall pay to CONTRACTOR on a monthly basis, net within thirty (30)
days of receipt of an invoice from CONTRACTOR. In the multi -family program,
"units serviced" is defined to mean number of units in a multi -family complex
regardless of occupancy rate. In the single family program, "units serviced" is
defined to mean those single family units currently receiving a water bill from
CITY.
9/1/94
(c) New unit(s) shall be billed commencing the month a utility account was
opened with CITY.
(d) All amounts billed by CITY on behalf of CONTRACTOR for recycling shall
be segregated and accounted for in a proper liability account for CITY. CITY
shall remit to CONTRACTOR on a monthly basis the amount billed for recycling
collection services for the previous calendar month.
(e) All units required to participate as specified by applicable CITY ordinance are
required to use the recycling services of CONTRACTOR.
ARTICLE 7
Processing Center Facility
7.1 CONTRACTOR shall transport all collected Recyclable Materials to a Processing
Center Facility located within an estimated 15 miles from the Mid -Point of
Service Area. CITY shall retain the right to direct all Recyclable Materials to any
Processing Center Facility or Materials Recovery Facility designated by CITY, or
to any combination of said Processing Center Facility and Materials Recovery
Facility. Should CITY direct CONTRACTOR to a Processing Center Facility or
a Materials Recovery Facility more than 15 miles, but less than 30 miles from the
Mid -Point of Service Area, and CONTRACTOR can produce evidence of an
increase in Contractor's costs directly related to the increased distance, CITY shall
reopen this Agreement solely for the purpose of renegotiating the rate paid per
unit per month. The parties agree to negotiate for a period of sixty (60) days. If at
the end of sixty (60) days no Agreement has been reached, CITY has the
discretion to seek other bids or proposals, and to terminate this Agreement.
CONTRACTOR agrees to provide services at the established rate until such time
as a new Agreement is secured or 120 days from notice to CONTRACTOR to
direct Recyclable Materials to a facility beyond 15 miles from mid -point of
service area. In such event, CONTRACTOR may terminate this Agreement.
ARTICLE 8
Ownership, Transportation And Sale
Of Recyclable Materials
8.1 CONTRACTOR shall transport all collected Recyclable Materials to the MRF.
CONTRACTOR shall take possession to the Recyclable Materials upon pick-up
from residents and shall be responsible for the safe delivery of said materials to
the MRF. All of the proceeds from the sale of Recyclable Materials shall be
shared between CONTRACTOR and CITY according to the terms of ARTICLE
6.5(a).
In the event there are no revenues from the sale of all Recyclable Materials for a
period of ten (10) days, CONTRACTOR shall immediately notify CITY and shall
present to CITY documentation, verifiable by CITY, that the designated
Processing Center Facility provided no revenue to CONTRACTOR for the
delivery and sale of Recyclable Materials far the preceding ten (10) days.
Upon receipt of sufficient documentation (verifiable by CITY) from
CONTRACTOR, CITY shall review same and determine whether CITY concurs
9/1/94
with Contractor's assertion that no revenues have been generated from the
delivery and sale of all Recyclable Materials. CITY shall within five (5) working
days of receipt of sufficient documentation (verifiable by CITY) direct
CONTRACTOR to an alternate Processing Center Facility or MRF which
provides revenue for the delivery and sale of Recyclable Materials.
CONTRACTOR agrees to assist City in locating an alternate Processing Facility.
Should CITY be unable to locate a Facility which so provides revenue, CITY and
CONTRACTOR shall reopen this Agreement solely for the purpose of
renegotiating the rate paid per unit per month. In that event, CITY agrees to
negotiate for a period of sixty (60) days. If at the end of sixty (60) days no
Agreement has been reached, CITY has the discretion to seek other bids or
proposals, and to terminate this Agreement.
CONTRACTOR agrees to provide services at the established rate until such time
as a new Agreement is secured or materials have been directed to an alternate
Processing Center Facility or MRF which provides revenue. In the event no
alternate Processing Center or MRF is designated or Agreement is secured,
CONTRACTOR may terminate this Agreement 120 days from the date of receipt
by CITY of sufficient documentation (verifiable by CITY) as submitted by
CONTRACTOR.
In the event the Processing Center Facility fails to accept Recyclable Materials it
shall be the responsibility of CONTRACTOR to provide the means to ultimately
recycle all Recyclable Materials and not dispose of same at a landfill or a
Resource Recovery Facility. In said event, CITY agrees to reimburse
CONTRACTOR for any additional direct cost incurred by CONTRACTOR to
recycle Recyclable Materials, limited to increased cost of transportation and/or
direct payments to a Processing Center Facility or MRF.
After expiration of 5 days storage by CONTRACTOR, CITY agrees to reimburse
CONTRACTOR for actual costs incurred due to the storage of materials or other
methods of disposing of the Recyclable Materials. There shall be no payment for
an increase in transportation costs should the Recyclable Materials be taken to the
designated Processing Center Facility or designated MRF, except pursuant to
ARTICLE-7 herein, entitled "Processing Center Facility".
ARTICLE 9:
Refusal To Pick -Up
9.1 The first time a resident does not properly segregate said materials.
CONTRACTOR shall pick-up Recyclable Materials as described in ARTICLE
4.12 of this Agreement. In addition, CONTRACTOR will issue a written notice
to the resident which contains instructions for the proper segregation of
Recyclable Materials. The second time the same resident does not properly
segregate the materials, CONTRACTOR can refuse to make a pick-up. At the
time of refusal to make the pick-up CONTRACTOR shall issue a notice to the
resident which contains instructions for the proper segregation of Recyclable
Materials. It shall not be required for CONTRACTOR to issue a subsequent
notice to the resident for any further infractions after the second occurrence.
Further incidents of non-compliance by a resident shall be reported to CITY.
9,,,9, 10
ARTICLE 10
Contractor's Local Office
10.1 OFFjCE/MANAGING AGENT: Throughout the term of this Agreement,
CONTRACTOR shall establish or maintain a local office or authorized managing
agent within Broward County. CITY and CONTRACTOR designates .he agent
as specified in Article 16.17 as the agent upon whom all notices may be served.
Service upon CONTRACTOR'S agent shall always constitute service upon
CONTRACTOR.
10.2 HOURS: CONTRACTOR'S local office shall be open during collection hours so
that customers can lodge complaints, requests for information, and requests for
service. At a minimum, CONTRACTOR shall be available during the hours of
8:00 A.M. to 5:00 P.M. , local time, Monday through Friday.
10.3 STAFFING: CONTRACTOR'S local office shall have a responsible person in
charge during collection hours on collection days, shall be equipped with
sufficient telephones, a local telephone number, and sufficient attendants to
receive telephone calls. Attendants shall receive calls in a courteous and polite
manner, record all complaints, and resolve all legitimate complaints as outlined in
Article 11.2 in an expeditious manner by the end of the next business day.
ARTICLE 11
Contractor's Relation to City
11.1 IINDEEENDEN_T_CONTRACIUR: The relationship of CONTRACTOR to the
CITY shall be that of an independent CONTRACTOR, and no principal -agent or
employer -employee relationship between the parties is created by this agreement.
By entering into this agreement with CITY, CONTRACTOR acknowledges that it
will, in the performance of its duties under this agreement, be acting as an
independent CONTRACTOR and that no officer, agent or employee of
CONTRACTOR will be for any purpose an employee of the City of Tamarac and
that no officer, agent or employee of CONTRACTOR is entitled to any of the
benefits and privileges of a city employee or officer under any provision of the
statutes of the State of Florida or ordinances of the City of Tamarac.
11.2 CUSTOMER COMELAINTS: CONTRACTOR shall perform every reasonable
act to provide a service of high quality and keep the number of legitimate
complaints to a minimum. In order that CITY may be fully informed of the
quality of the service, CONTRACTOR shall arrange the handling of complaints
in substantially the following manner; all legitimate complaints, whether received
in person, by mail or by telephone, shall be received by CONTRACTOR.
Complaints received after 12:00 noon shall be serviced before 12:00 noon on the
following calendar day. CONTRACTOR shall be available at CITY'S request to
inform action taken on complaints. Legitimacy of challenged complaints may, at
the option of CITY, be determined on the basis of a joint inspection by a
representative of CITY and a representative of CONTRACTOR.
11.3 DISCRIMINATION PROHIBITED AF EMAT E CT ON:
CONTRACTOR, in the execution, performance, or attempted performance of this
agreement, shall not discriminate against any person or persons because of sex,
race, religion, color, or national origin, handicap or marital status.
CONTRACTOR'S employees or applicants for employment (as provided in Title
9/1/9, 11
11.4
VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the
American Disabilities Act of 1992), understand and agree that this agreement is
conditioned upon the veracity of this Statement of Assurance. CONTRACTOR
herein assures CITY that said CONTRACTOR will comply with Title VI of the
Civil Rights Act of 1964 when federal grants are involved. Other applicable
Federal and State laws, Executive Orders, and regulations prohibiting
discrimination as hereinabove referenced 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.
CONTRACTOR must be an Equal Opportunity Employer and have an affirmative
action plan and not discriminate on the basis of handicapped status.
(a) CONTRACTOR shall at its sole cost and expense, except as otherwise
provided herein, furnish all labor and equipment required to perform curbside
collection of Recyclable Materials pursuant to this Agreement.
(b) CONTRACTOR shall assign a qualified person or persons to be in charge
of its operations in CITY and shall give the name or names to CITY; information
regarding experience shall also be furnished.
(c) CITY has right to require CONTRACTOR'S collection employees to wear
clean uniforms or shirts bearing the company's name.
(d) Each Driver shall at all times, carry a valid operator's license for the type
of vehicle they are driving.
(e) CONTRACTOR shall provide operating and safety training for all
personnel.
M No person shall be denied employment by CONTRACTOR for reasons of
race, creed, sex or religion.
6 e L. t
CITY shall provide one (1) collection vehicle for use in this Agreement.
Additional vehicles or replacement vehicles shall be provided by CONTRACTOR
as needed. Vehicles shall be leased to CONTRACTOR for $1.00 per year. Any
additional vehicles which CITY may provide to CONTRACTOR shall be subject
to the same lease terms. Maintenance shall be the responsibility of
CONTRACTOR. In the event of equipment failure, responsibility for temporary
replacement is with CONTRACTOR.
In the event this Agreement is terminated as provided for herein, the lease
Agreement for the vehicles referenced in ARTICLE 11.5(A) above shall be
automatically terminated and the vehicles shall be immediately redelivered to
CITY.
0 CITY agrees to lease to CONTRACTOR the truck vehicle described in Exhibit
"S", attached.
9/1/94 12
CITY shall remain the owner of the recycling truck. CONTRACTOR shall
acquire no right, title or other interest in or to the vehicle other than that of a
bailee for hire.
CONTRACTOR agrees as its own expense, provide suitable and adequate garage
space and shall maintain this truck and any vehicle which may be substituted for
the truck as provided below in good repair, mechanical condition and running
order. CONTRACTOR shall use as a guide the maintenance program prescribed
in the Owner's Manual and shall perform all preventative maintenance required to
insure full validation of any manufacturer's warranty. In addition,
CONTRACTOR agrees to maintain a written maintenance log of vehicle on the
forms provided by CITY and provide written copies to the City Manager on a
monthly basis. ( See Exhibit "C")
CONTRACTOR agrees, at its own expense, to furnish all necessary tires, tubes,
and parts for the vehicle and with all necessary repair parts or substitute parts to
replace may part which becomes worn, broken or otherwise incapable of efficient
operation as long as the replacement parts are readily available from a normal
parts distribution network. If replacement parts are not readily available,
contractor shall continue to service program.
CONTRACTOR shall furnish a temporary replacement vehicle to replace any
truck which becomes incapable of proper operation and which cannot be repaired
or restore to good running order within two (2) days. Any such vehicle, while in
the service of the CONTRACTOR, shall be subject to all of the terms and
conditions of this agreement.
CONTRACTOR shall maintain in force at his own expense, insurance as
specified in Article 15 and any additional insurance required by CITY for the
purpose of the lease vehicle.
2.Notice:
CONTRACTOR agrees to notify CITY representative of any major repairs or
issues involving CITY vehicle.
ma Vmm" to)-te 5rou1'u a1
In addition to lease vehicle CONTRACTOR shall supply all equipment necessary
to provide the services in this Agreement. CONTRACTOR shall establish a
regular preventative maintenance program for all equipment and shall maintain
records of preventative maintenance and other maintenance repairs to the
equipment as specified in Exhibit "D". CONTRACTOR shall be responsible for
initiating, maintaining and supervising all maintenance programs, safety
precautions and programs, in connection with the work and services performed
hereunder. CONTRACTOR shall establish reasonable procedures and programs
to prevent property loss or damage and/or personal injury to persons, including,
but not limited to, employees performing such work and all other persons who
may be affected hereby.
isCONTRACTOR shall comply with all Federal, State, and Local rules and
regulations when conducting operations pursuant to this agreement.
9/, /94 13
CONTRACTOR shall maintain files and records of all citations and violations of
any laws, statutes, ordinances, or regulations in the ownership, title, maintenance,
or operation of the equipment and such files and records shall be available upon
reasonable notice for review by CITY.
11.6 VEHICULAR „11E,N-IIFICATION:, All vehicles and equipment used by
CONTRACTOR for the collection of residential recyclable materials shall be
clearly marked with the CONTRACTOR'S name and telephone number in letters
of a size sufficient to reasonably identify the vehicle, but not less than five �5)
inches in height. CONTRACTOR shall also assign to each of its vehicles an
identifying number and shall mark the same upon said vehicles in figures not less
than five (5) inches in height.
ARTICLE 12
Evaluation and Monitoring
12.1 RIGHT TO INSPE( ON: CITY hereby reserves the right to inspect and
evaluate CONTRACTOR'S operations relating to its performance hereunder
either on a continuing or random inspection basis.
12.2 NON-COMPLIANCE BY THE CONTRACTOR: In the event
CONTRACTOR shall fail to perform any of the material provisions of this
Agreement, CITY shall provide CONTRACTOR with written notice of non-
compliance, stating all reasonable facts relating thereto. If the practice, event or
condition is not reformed, corrected or otherwise made to comply with the terms
of this Agreement within a period of time which is reasonable in relation to the
nature of the practice, event or condition of non-compliance, but in no event more
than ten (10) days from the date of the receipt of notice of violation unless the
non-compliance cannot be cured within ten (10) days, then within a reasonable
time using best efforts and CONTRACTOR shall notify CITY of those efforts.,
the same shall constitute an Act of Non -Compliance.
12.3
(a) Subject to the procedures in Article 13, CITY reserves the right to terminate
the Agreement at any time whenever the service provided by CONTRACTOR
fails to meet reasonable standards of the trade, after CITY gives written notice to
CONTRACTOR of the deficiencies as set forth in the written notice within
fourteen (14) days of the receipt by CONTRACTOR of such notice from CITY.
Upon termination, CITY may call the Surety and apply the proceeds to the cost of
service charged to CITY for the balance of the Agreement.
(b) In the event of a strike by the employee or any other similar labor dispute
which makes performance of this Agreement by CONTRACTOR substantially
impossible, CONTRACTOR agrees that CITY shall have the right to call the
Surety Bond and temporarily engage another firm to provide necessary service.
12.4 CONTRACTOR shall furnish to CITY a
Performance Bond, Letter of Credit or cash bond guaranteeing the faithful
performance of this Agreement specified herein as Exhibit "E". The security shall
be in the form acceptable to the City Attorney and shall be for the term of this
Agreement and in an amount equal to One Hundred Thousand (S 100,000) Dollars.
The security shall be furnished to CITY by CONTRACTOR within ten (10) days
9/1/94 14
of the date of execution or 10 days prior to commencement of this Agreement or
any renewal thereof. Without limiting any other indemnity provisions herein,
such security shall indemnify CITY against any loss, expense, cost or damage
resulting from any default by CONTRACTOR hereafter or any failure of
performance by CONTRACTOR. The City Attorney is hereby delegated the
authority to approve the form of the security. The Finance Director has authority
to approve the financial capabilities of the Surety to perform. Upon completion of
this Agreement in compliance with all terms and conditions hereof,
CONTRACTOR shall be entitled to the return of any Cash Bond on Deposit with
CITY within ten (10) business days.
12.5 LIABILITIES FOR DELAYS OR NON-CONFORMANCE:
Due to Unusual Circumstances:
(a) It is expressly agreed that in no event shall CITY be liable or responsible
to CONTRACTOR or to any other person on account of any stoppage or delay in
the work herein provided for, by injunction or other legal proceedings brought
against CITY or CONTRACTOR, or on account of any delay for any cause for
which CITY has no control.
(b) CONTRACTOR shall not be responsible for delays or non-performance of
the terms and provisions of this agreement where such delays or non-performance
are caused by events or circumstances over which CONTRACTOR has no
control, including riots, civil disturbances, or acts of God; provided, however, that
in the event of any such non-performance. or delay resulting from events or
circumstances beyond the control of CONTRACTOR, CONTRACTOR shall not
be entitled to compensation for such period of time as a delay or non-performance
shall continue.
ARTICLE 13
Default of Agreement
13.1 DEFAULT OF CONJEACT: If, in the opinion of the City Manager, there has
been a default of the Agreement, City Manager shall notify CONTRACTOR in
writing, specifying that which has been a default of Agreement. If, within
fourteen (14) calendar days CONTRACTOR has cured the default, then no other
remedy for that particular default shall be permitted to the City. However, if,
within fourteen (14) calendar days, CONTRACTOR has not eliminated the
conditions considered to be a default to this Agreement, City Attorney shall notify
City Council and CONTRACTOR, and a hearing shall be set for a date within
fifteen (15) days of such notice. On that day City Council shall hear
CONTRACTOR and CITY'S representatives and shall make a determination as to
whether or not it has been a breach and shall direct what further action shall be
taken by CITY, as hereinafter provided. Pending Resolution of the alleged
breach, CONTRACTOR shall be governed by the provisions of ARTICLE 13.4.
13.2 IZEAUL3:: Default by CONTRACTOR shall occur if CONTRACTOR fails to
observe or perform a material portion of its duties under the Agreement. CITY
may terminate CONTRACTOR'S performance of services under this Agreement
in the event of default by CONTRACTOR and the failure by CONTRACTOR to
cure such default after receiving notice hereof. Should default occur, CITY may
deliver a written notice to CONTRACTOR describing such default and the
9/1/94 15
r
proposed date of termination. Such date may not be earlier than the thirtieth (30)
day following receipt of the notice. CITY, at its sole option, may extend the
proposed date of termination to a later date. If, prior to the proposed date of
termination, CONTRACTOR cures such default then the proposed termination
shall be ineffective. If CONTRACTOR fails to cure such default prior to the
proposed date of termination, then CITY may terminate CONTKACTOR'S
performance under this Agreement as of such date.
13.3 POST-URMINATION SERVICES: Upon the effective date of termination as
contained in the above notice referenced in ARTICLE 13.1 of this Agreement,
CONTRACTOR shall, unless the notice directs otherwise, immediately
discontinue all service in connection with this Agreement and shall proceed to
cancel promptly all existing orders chargeable to this Agreement. Within ten (10)
days of receipt of notice of termination, CONTRACTOR shall submit to CITY
monthly reports and revenues required under this Agreement to the day of
termination.
13.4 REME]?IES: In addition to, or in lieu of, the termination procedure set above in
ARTICLE 13.3 of this Agreement, CITY may take any or all of the following
actions in the events of a default by CONTRACTOR;
(a) If CITY determines, and notifies CONTRACTOR, that such default poses
an immediate threat to the health or safety of any person or to any property
interest, and if CONTRACTOR has not cured such default within twenty four
(24) hours after receiving such notice, CITY shall have the right to perform or
cause to be performed all or part of the work necessary to cure such default. In
the event that CITY performs such work, or causes it to be performed,
CONTRACTOR shall bear the cost of such work, and if necessary, shall
reimburse CITY for the cost thereof. CITY shall have the right to deduct any
such compensation due to CITY from any sum otherwise due and owing to
CONTRACTOR.
(b) CITY may make or file a claim under the Performance Bond, Letter of
Credit, or Cash Bond for any damages, expenses or liabilities that CITY has
incurred as a result of CONTRACTOR'S default.
(c) CITY may exercise its rights under Article 12.2 non-compliance by
CONTRACTOR in this Agreement.
13.5 CA►NCELLATIM OR ANNULMENJ OF CONTRACT: In the event the
Processing Center Facility charges a fee to accept Recyclable Materials as
specified herein, CONTRACTOR shall notify CITY in writing by certified mail,
return receipt requested within fifteen (15) days, at which time CITY may elect:
(a)(1) To reimburse CONTRACTOR for the actual fee(s) charged by the
Processing Center Facility to accept Recyclable Materials as specified herein.
(a)(2) To reimburse CONTRACTOR for actual costs incurred due to the storage
of materials or other methods of disposing of the. Recyclable Materials.
(b) CITY reserves the right to direct CONTRACTOR to deliver Recyclable
Materials to any Processing Center Facility, to any Materials Recovery Facility, or
to store or otherwise dispose of Recyclable Materials; and to reimburse
CONTRACTOR as set forth in ARTICLE 8.
9/1/94 16
-
(c) CITY may elect to terminate this Agreement based on the foregoing, and
CONTRACTOR shall be paid for services rendered through the termination date.
ARTICLE 14
Indemnification
INDEMNIFICATIONCLAIMS AGA-INST CITY BY CONTRACTOR:
CONTRACTOR hereby assumes risk of loss and/or injury to property and/or persons
arising directly or indirectly from the performance of any of its obligations under this Agreement
and further agrees to indemnify and hold harmless CITY, its officers, agents, and employees
from and against any and all claims, liabilities, demands, suits, costs or expenses, including, but
not limited to, expenses of litigation and attorney's fees arising from any such claims, loss or
injury, or claims, loss or injury arising as a result of awarding this bid to CONTRACTOR.
Without limiting the foregoing, the indemnity provided herein shall specifically include any
claim against CITY arising out of Contractor's performance of this Agreement arising out of any
Environmental Law (as herein defined). This indemnification shall continue beyond the term of
this Agreement for claims arising as a result of this Agreement. CITY shall notify
CONTRACTOR of such claims, liabilities, demands and suits no later than sixty (60) days after
City's receipt of a claim.
F.11 I'll d (of ;Q
1S•� �sFiLNEHA CONTRACTOR shall not commence work under this Agreement
until it has obtained all the insurance required under this Agreement, and such
insurance has been approved by the City. CONTRACTOR shall be responsible
for delivering to CITY the Certificate of Insurance for approval. CONTRACTOR
shall name the City of Tamarac as an additional named insured on the Certificate
of Insurance. CONTRACTOR'S insurance policies shall be primary to any
insurance policies carried by the City. CONTRACTOR'S Certificate of Insurance
must be attached and included in this Agreement as Exhibit " E ". All insurance
policies shall be issued by companies duly licensed to write business insurance
policies in the State of Florida and rated -A- or better by A.M. Best's Key Rating
Guide. Further, CITY shall be named as an additional named insured on all
insurance policies (except Workers' Compensation). Certificates of each policy,
together with a statement by the issuing company to the extent that said policy
shall not be canceled without thirty (30) days prior written notice received by
CITY, and shall be delivered to CITY for review and approval. Insurance
coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of CONTRACTOR under
the terms of this Agreement. CONTRACTOR shall procure and maintain, at its
own cost and expense, any additional kinds and amounts of insurance that, in its
own judgment, may be necessary for proper protection in the completion of its
work.
15.2 COMPENSATM Sii AR NCE: CONTRACTOR shall maintain, during the
term of this Agreement and any renewals, Worker's Compensation Insurance on
all of its employees to be engaged in work under this Agreement, and shall require
the same from any subcontractors used. In the event that any class of employees
0 engaged in hazardous work pursuant to this Agreement is not protected under the
Workers' Compensation Statute, CONTRACTOR shall provide adequate
employer's liability insurance for the protection of employees not so protected.
9/1/9, 17
15.3 C_OMMER( „,AL (COMPREHENSIVE, LIABIL111 INSY„1.RANCE:
CONTRACTOR shall procure and shall maintain during the term of this
CONTRACT and any renewals Public Liability and Property Damage Insurance
in an amount not less than S1,000,000 combined single limit coverage for bodily
injury, death and property damage (except automobile).
Coverage A shall include premises, operations, products and completed
operations, independent contractors, contractual liability covering this agreement
or contract, and broad form property damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Occurrence Form: The occurrence form of Commercial General Liability
must be provided.
Garage keeper's legal liability insurance, comprehensive form, with limits not less
than $300,000 each occurrence and any deductible not to exceed $5,000.
15.4 AUTOMOBILE INSURANCE: CONTRACTOR shall procure and maintain,
during the term of this Agreement and renewals, Comprehensive Automobile
Liability Insurance in an amount not less than $1,000,000 combined single limit
coverage for bodily injury, death, and property damage (automobile).
15S EXCESS UMBRELLA LTABTL=: CONTRACTOR shall procure and
maintain, during the term of this Agreement and any renewals, Excess Umbrella
Liability Insurance in an amount not less than $1,000,000 coverage in excess of
Automobile and Bodily Injury/Property Damage coverage's.
15.6 : The insurance required under the above paragraphs
shall provide adequate protection for CONTRACTOR against damage claims
which may arise from operations under this Agreement, whether such operations
be by the insured or by anyone directly or indirectly employed by the insured.
CITY shall be named an additional insured on all of CONTRACTOR'S insurance
policies provided for herein.
15.7 LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and
bonding companies with whom CONTRACTOR'S insurance and performance
bonds are written shall be licensed to do business in the State of Florida and shall
be represented by an agent or agents having an office located in the State of
Florida. Each such agent shall be duly qualified, upon whom service of process
may be had, and must have authority and power to act on behalf of the insurance
and/or bonding company to negotiate and settle with CITY, or any other claimant,
or any property owner who has been damaged, may have against
CONTRACTOR, insurance, and/or bonding company. The name of the agent or
agents shall be set forth on all such bonds and certificates of insurance.
CONTRACTOR shall keep the required insurance in full force and effect at all
times during the term of this CONTRACT, and any renewals thereof prior to the
commencement of this Agreement.
CONTRACTOR shall furnish to CITY a Certificate of Insurance on a form and
approved by CITY, evidencing CONTRACTOR has obtained the required
insurance coverage. At the request of CITY the original policy shall be provided
9/1/94 18
I
for inspection. All policies must provide that they may not be changed or
cancelled by the insurer in less than thirty (30) days after CITY has received
written notice of such change or cancellation. Such insurance amounts may be
reviewed upward at CITY'S request. and CONTRACTOR shall revise such
amounts within thirty (30) days after receipt of such request.
Miscellaneous Provisions
16.1 VENUE: This agreement shall be considered consummated in Broward County,
Florida. All actions brought hereunder shall be brought exclusively in Broward
County, Florida.
16.2 TIME IS OF THE ESSENCE: Time shall be deemed to be of the essence
concerning this agreement whenever time limits are imposed herein for the
performance of any obligations by any of the Parties hereto, or whenever the
accrual of any rights to either of the Parties hereto depends on the passage of time.
16.3 RSA]' TO REQUIRE PERFnRMANCE: The failure of CITY, at any time,
to require performance by CONTRACTOR of any provisions herein shall in no
way affect the rights of CITY thereafter to enforce the same. Nor shall waiver by
CITY of any breach of any provisions herein be taken or held to be a waiver of
any succeeding breach of such provisions or as a waiver of any provision itself.
16.4 FORCE MAJEURE: Neither CONTRACTOR nor CITY shall be liable for the
failure to perform its duties if such failure is caused by a riot, war, governmental
order or regulation, strike, act of God, or other similar or different contingency
beyond the reasonable control of CONTRACTOR.
16.5 PRI_ OR CONTRACTS: This Agreement supersedes and replaces all terms
related to single-family and family recycling service in the Agreement between
The Joint Group Cities (Tamarac as signator) and All Service Refuse Company,
Inc. dated November 29, 1993 and The Joint Group Cities (Tamarac as signator)
and Southern Sanitation, a division of Waste Management, Inc. dated December
18, 1989 and effective immediately, which agreement, upon the commencement
date of this. agreement shall be null and void and of no further force and effect.
16.6 APPROVAL BY CITY COjJNCIL: This agreement shall not be considered
fully executed or binding or effective on CITY until the same shall be approved
and accepted by the City Council of the City of Tamarac in an open meeting as
required by law and executed by the CONTRACTOR and CITY. After such
approval and acceptance, CITY shall deliver to CONTRACTOR a certified copy
of the Ordinance as evidence of the authority of the person authorized to bind
CITY to the terms, covenants and provisions of this agreement and to perform the
same in accordance herewith.
16.7 COMpyIANCE WITH LAWS: CONTRACTOR, its officers, agents,
employees, and contractors, shall abide by and comply with all laws, federal, state
and local. It is agreed and understood that, if CITY calls the attention of
CONTRACTOR to any such violations on the part of CONTRACTOR, its
off cers, agents, employees, or subcontractors, then CONTRACTOR shall
immediately desist from and correct such violation.
9/1/94 19
16.8 R11GFfT TO PERIODIC RF:yIEWS: CITY shall have the right to conduct
of periodic public meetings, to review and consider the performance of
CONTRACTOR regarding its compliance with the material terms of the
franchise, any amendments desired by CONTRACTOR, the need for any future
new services, and potential amendments to the franchise reflecting service
requirement changes based on advancements in technology or demonstrated
community needs. An agent of CONTRACTOR shall be available to attend all
Public meetings upon reasonable notice by CITY for concerns associated with the
Agreement.
16.9 CHANCzES IN LAW: Should the State of Florida, City, County, United States
or Federal agency, or any State or Federal Court, or any agency thereof require
either Broward County, City of Tamarac, or CONTRACTOR to act in a manner
which, affects or is inconsistent with any provisions of this Agreement, CITY
shall be authorized to determine whether a material provision is affected in
relation to the rights and benefits conferred by this Agreement. Upon such
determination, CITY and CONTRACTOR shall negotiate in good faith to modify
or amend the franchise to such extent as may be necessary to carry out the full
intent and purposes thereof in relation to the rights and benefits of CITY, or the
public.
16.10 SEER ABILITY OF CONTRACT: No assignment of this agreement or
any right accruing under this agreement shall be made in whole or in part by the
CONTRACTOR without the express written consent of CITY; such consent of
CITY shall not be unreasonably withheld. In the event of any assignment, the
assignee shall assume the liability of CONTRACTOR.
16.11 EFFECTIVE 12AIE: This agreement shall be effective upon the execution of
this agreement and performance of this agreement shall begin on the
commencement date set forth herein.
16.12 LICENSES AND TAXES: CONTRACTOR shall obtain all licenses and
permits (other than the license and permit granted by CONTRACTOR) and
promptly pay all taxes required by CITY.
16.13 P : The paragraph headings contained herein are for
convenience and reference and are not intended to define or limit the scope of any
provision of this agreement.
16.14 ENTIRE CONTRACI: This agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter, and it shall not be
modified, altered, changed, or amended in any respect unless done so in writing
and approved by the City Council of the City of Tamarac, Florida.
16.15 : This agreement shall terminate in the case of bankruptcy
(voluntary or involuntary) or insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on the day and at the time that the
bankruptcy action is filed.
16.16 NOTICES: Notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered, whether or not actually received,
when deposited in the United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the respective party at the address set forth below:
9/1 /94 20
CITY:
City Manager
designated agent for the
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305)724-1230
With a copy. to:
City Attorney
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 724-1240
CQNIRACTQR:
Harold Carter
Designated Agent For
All Service Refuse Company, Inc.
825 NW 31 Avenue
Ft. Lauderdale, FL 33311
(305)583-1830
With a copy to:
Mr. Harris W. Hudson
c/o Hudson Management Corp.
200 E. Las Olas Blvd., Suite 1420
Ft. Lauderdale, FL 33301
(305)761-8333
CONTRACTOR may change the address and/or agent upon written notice as
above.
16.17 ENFORCEMENT: The legal fees and other expenses of the prevailing party to
any litigation or dispute arising out of this agreement will be paid by the other
party-
16.18 ADDENDUMS AND ATTACHMENT/EXHIBITS: The provisions of the
foregoing Articles 1 through 16, together with the following Exhibits A through
F, are intended by the undersigned parties to and shall constitute a binding
agreement between them. All Exhibits A, B, C, D,E and F are incorporated
herewith and fully set forth.
16.19 NEYERABILITY AND UNENEQUEARLEJMLITSIONS: If any part,
ARTICLE, sub -article, or other portion of this agreement is declared void,
unconstitutional, or invalid for any reason, such part, article, sub -article, or other
portion, or the prescribed application thereof, shall be severable, and the
remaining -provisions of this agreement, and all applications thereof not having
been declared void, unconstitutional, or invalid shall remain in full force and
affect. CITY and CONTRACTOR declare that no invalid or prescribed provision
or application was an inducement to the execution of this agreement, and that they
would have executed this agreement, regardless of the invalid or prescribed
provision or application.
16.20 GOOD FAITH: CITY and CONTRACTOR agree to continue to work together
in good faith and to coordinate their efforts to maintain and improve the level and
quality of residential collection service.
16.21 MEUTUAL CONSFNT: Both parties to this Agreement have had full opportunity
to review and draft this Agreement. Further, both parties have had full
opportunity to review this Agreement with their respective legal counsel. Both
parties have had an opportunity to participate in the finalization of this Agreement
and all provisions have been agreed to by mutual consent.
9/1/94 21
C7
is
16.22 NQN-WAIVER OF POWERS: This agreement shall
not be taken or held to imply the relinquishment or waiver by CITY of its power
to make other reasonable requirements or regulations pertaining to the subject
matter hereof, and CITY hereby expressly reserves the right to make all
regulations which may be necessary or proper to secure the safety, welfare and
accommodation of the public, including, but not limited to, the right to adopt and
enforce regulations to protect and promote the health and general welfare of the
public from danger and inconvenience in the management and operation of
Recycling services detailed herein. Nothing herein contained shall constitute a
waiver of any of the requirements of the rules and regulations adopted by CITY,
including the right to make such changes and amendments to said rules and
regulations as said CITY may deem to be advisable and necessary to protect the
public health and general welfare of its inhabitants.
9/1/94 22
R
•
•
Cora VrFM o7rir rs7 tmm,'
u1c,
This Agreement shall be effective this the day of �1� �` '-� �' , 1994, with the
Commencement Date of December 19.1994.
T ITY OF TA RAC, FLORID
By: �•
ay% Norman Abramowitz
Date: Z;�76,2 ,t, `� 9
ATTEST: By! r\"� n,,,�
Robert S. Noe, Jr. '
City Manager
Carol A. Evans Date:
City Clerk
to
City Attorney
911/94 23
�J
•
STATE OF FLORIDA
COUNTY OF- 6,''CLCA J'ZD :SS
I HERESY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that executed the same.
7f L
WITNESS my hand and official seal this day of G�'-�- 1994.
NOTARY PUBLIC, State of
Florida at Large NOTARII PUEN.I r
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( ✓Personally known to me, or
( ) Produced identification
C S A?E OF FI.ORIOA
MY COMISSION EXP. NOV. 8:i994
BONDED THRU GENERAL INS. UNO,
Type of I.D. Produced
( ) DID take an oath, or ( /) DID NOT take an oath.
9/1/94
24
•
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ATTEST:
By:
r"!
• �r
Corporate Secretary
Ile- k iv", , , At.
(Corporate Seal)
STATE OF FLORIDA
. :SS
COUNTY OFF <, Y 4 - '«t ---
CORPORATION:
By:
,/, ,.President /�fr��. /� c'•rc.E
Of:_li// -��,�� I'�-%.ter. ,. �/ '�� T, .
Contractor
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person(s) described in and who executed the
/
foregoing instrument and acknowledged before me that executed the same.
WITNESS my hand and official seal this
NOTARY PUBLIC, State of
Florida at Large /
(Name of Notary Public•
day of rz t 1994.
Print, Stamp, or Type as
-.:
� "WE T. EWQTT
Commissioned)
�� :.�'
'NION + CC3Q.7T14
FMM' May 21,199e
/ �
known
.. ��'
--
S r tKG 'hrj Ndpty Pump (�f1�pMldf�
(-personally to me, or
-
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( " SDID NOT take an oath.
9/1/94
25
a1:4)1'A' . CERTIFICATE' OF
INSURANCE, CSR CP DAT9IMMMOrM
ALLSE-1 09/02,94
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
NEST Risk Management
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
William F. Comiskey, Jr., CIC
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
192&Glades Road, Suits 103
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
H aton FL 33431-7333
COMPANIES AFFORDING COVERAGE
w. omiskey, Jr., CIC 746134
4 -3 -0488
COMPANY
A Michigan Mutual Ins. Co.
INSURED
COMPANY
B ITT Hartford Insurance Group
COMPANY
C Westchester Fire Insurance
All Service Refuse Co., Inc.
82S N.W. 31st Avenue
Fort Lauderdale, FL 33311
COMPANY
D
COVERAGES..
THE POLICIES OF INSURANCE LISTED
THIS IS TO CERTIFY THATSUED
TO THE INSURED NAMED A
BELOW HAVE BEEN IS ROVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
TYPE OF INSURANCE
POLICY NUTABER
POLICY EFFECTNE
DATE OMM/ OAM
POLICY EXPIRATION
DATE WAM/DD/YY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
# 2, 0 0 0, 0 0 0
8
PRODUCTS- comp/op AGG
s1,000,000
A
COMMERCIAL GENERALUABRlTY
CLAIMS MADE ® OCCUR
SACPP0276417-94
05/15/94
05/15/95
PERSONAL A ADV INJURY
$ 1, 0 0 0 , 0 0 0
EACH OCCURRENCE
$ 1, 0 0 0 , 0 0 0
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any an. ra.l
$ 50,000
MED EXP IAnI orm pwoon)
t 51000
AUTOMOBILE
LIABILITY
B
ANY AUTO
Z1II�d87670$-94
05/15/94
05/15/95
COMBINED SINGLE LIMIT
01,000,000
3
BODILY INJURY
IPr
�
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
ON-OWNEO AUTOS
BODILY INJURY
S'r •naidwrtl
�
PROPERTY DAMAGE
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
AGGREGATE
1
EXCESSLIWLITY
EACH OCCURRENCE
$10,000,000
UMBRELLA FORM
CUA10017SO
05/15/94
05/15/95
AGGREGATE
* 10, 000, 000
C
3 OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERB' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
t
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
DISEASE - POLICY LIMIT
f
DISEASE - EACH EMPLOYEE
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONSAACATIONSNEMGLWBPBCIAL ITEM
The Certificate Holder is named Additional Insured, per GL policy formes, as
their interest may appear.
CERTIFICATE HOLDER
; CANCEL1AT10N
TAMA0 01 SHOULD ANY OF THE ABOVE D=CpeED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSMNG COMPANY WILL ENDEAVOR TO MAIL
City D f Tamarac
Attn: City Manager
3 0 OAYS wNT EN NOTICE TO THE CERTIRCATE HOLDER NAMED To THE LIFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE No OBLIGATION OR UAMUTY
7525 R.W. 8 8 th Avenue
OF ANY KIND UPON THE COMPANY. ITS AOte OR REPRESENTATIVES.
Tamarac, FL 33321
AIITNOWZEO A
•
W,F. Came s y�r".`;
AcoRa 2ri I3l93t
a .
ACORD P TfON 1993.
•
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Exhibit 2
TUP. RES0. No. Fa3 /
INVITATION TO BID
BID # 98-19B
RECYCLING TRUCK CHASSIS AND COMPACTION RECYCLING BODY AS
A COMPLETE UNIT
FINANCE DEPARTMENT
PURCHASING DIVISION
CITY OF TAMARAC
7525 NW 88TH AVENUE
TAMARAC, FLORIDA 33321-2401
Stanley D. Hawthorne
Director of Finance
�J
•
City of Tamarac
mnance Department, purchasing Division
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-2450 Facsimile (954) 724-2408
INVITATION TO BID
BID NO. 98-19B
Sealed bids, addressed to the Purchasing and Contracts Manager of the City of
Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW
88th Avenue, Tamarac, Florida 33321-2401 until April 15, 1998 at 2:00 p.m., at which
time bids will be publicly opened in Conference Room No. 107 in City Hall and
announced for:
RECYCLING TRUCK CHASSIS AND COMPACTION RECYCLING BODY AS A
COMPLETE UNIT
All bids received after the date and time stated above will be returned unopened to the
Bidder. All Bidders are invited to attend the opening.
One original and two copies (2) of the bid shall be submitted on an official bid form
furnished with the bid package and those submitted otherwise will not be considered
responsive. The submittal shall be plainly marked Bid No. 98-19B, RECYCLING
TRUCK CHASSIS AND COMPACTION BODY opening, April 15, 1998 at 2:00 p.m.
on the outside of the envelope.
The City reserves the right to accept or reject any or all bids, or any part of any bid, to
waive any informalities, and to award in the best interest of the City of Tamarac.
Bid documents will be available for review and may be obtained from the Purchasing
Office at the above address. For non -technical inquiries, contact Earl W. Noll III, Senior
Buyer, at the Purchasing Office at (954) 724-2450; and for technical issues, contact
Jean Dupuis at (954) 724-2405.
Earl W. Noll III
Senior Buyer
Publish Sun Sentinel: Sunday, 03/29/98
Sunday, 04/05/98
1
Equal Opportunity Em
INSTRUCTIONS TO BIDDERS
BID NO. 98-19B
RECYCLING TRUCK CHASSIS AND COMPACTION RECYCLING BODY AS A
COMPLETE UNIT
It is the intent of the City to award this bid to the lowest responsible and responsive
bidder. The City reserves the right to accept or reject any or all bids and to waive any
informality concerning the bids when such rejection or waiver is deemed to be in the
best interest of The City of Tamarac. The City reserves the right to award the bid on a
split order basis, lump sum or individual item basis unless otherwise stated.
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all offers made to the City of Tamarac by
all prospective Bidders including but not limited to Request for Quotes, Request for Bids
and Request for Proposals. As such the words "bid" and "proposal" are used
interchangeably in reference to all offers submitted by prospective bidders.
1. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the
City0s Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida
33321, ON: -April 15, 1998, no later than 2:00 PM. At this time the bids will be
opened, the names of all Bidders will be announced and all bids shall be a matter of
public record. All Bidders and their representatives are invited to attend. The Bidder
must show the bid number, bid name, time and date of the bid opening on the outside of
the sealed bid package. Delivery of the sealed bids to the City Purchasing Office on or
before the above date is solely and strictly the responsibility of the Bidder. Late bids will
be returned unopened to the Bidder.
It is the Bidder's responsibility to read and understand the requirements of this bid.
Unless otherwise specified the Bidder must use the bid form furnished in the bid packet.
Bidders are required to state exactly what they intend to furnish to the City via this
Solicitation and must indicate any variances to the terms, conditions and specifications
of this bid, no matter how slight. If variations are not stated in the bid, it shall be
construed that the Bidder's bid fully complies with all conditions identified in this bid.
The Bidder shall submit one (1) ORIGINAL and two (2) copies of the bid. The
ORIGINAL bid must be manually and duly signed in ink by a Corporate Officer,
Principal, or Partner with the authority to bind the bidding company or firm by his/her
signature. All quotations must be typewritten or filled in with pen and ink. Bids having
erasures or corrections must be initialed in ink by the Bidder.
All prices, terms and conditions quoted in the submitted bid will be firm for acceptance
for sixty days from the date of the bid opening unless otherwise stated by the City.
2
1. BONDING: Not applicable for this bid.
2. WITHDRAWAL OF BID: Any Bidder may withdraw its bid prior to the indicated
opening time. The request for withdrawal must be submitted in writing to the City
Purchasing Office.
3. PUBLIC ENTITY CRIMES FORM: A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to 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, for Category Two for a
period of 36 months from the date of being placed on the convicted vendor list.
4. NON -COLLUSIVE AFFIDAVIT: Each Bidder shall complete the Non -Collusive Form
and shall submit the form with the Proposal. CITY considers the failure of the Offeror to
submit this document to be a major irregularity and may be cause for rejection of the
Proposal.
5. QUANTITIES: Not Applicable.
6. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the
extent required under Special Conditions. Payment will be made only after receipt and
acceptance of the completed unit. Cash discounts may be offered for prompt payment,
however, such discounts shall not be considered in determining the lowest net cost for
bid evaluation.
Bidders are encouraged to provide prompt payment terms in the space provided on the
Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the
percentage discount to indicate net 30 days. If the Bidder does not enter a percentage
discount, it is understood and agreed that the payment terms shall be 2% 10 days, net
30 days effective on the date that the City receives an accurate invoice or accepts the
product, whichever is the later date. Payment is deemed to be made on the date of the
mailing of the check.
7. DELIVERY: All items shall be delivered F.O.B. destination to a specific City of
Tamarac address. All delivery cost and charges must be included in the bid price. All
exceptions shall be noted. Failure to do so may be cause for rejection of the bid. The
City reserves the right to cancel orders or any part thereof, without obligation if delivery
is not made at the time specified in the bid.
8. BRAND NAMES: Manufacturers' name, brand name, model number or make is
used in these specifications for the sole purpose of establishing minimum requirements
of quality, performance and design. APPROVED EQUAL is added to the specifications
3
to avoid ruling out qualified competition. Where equal is bid, the Bidder must submit
brochures, specifications in detail and/or samples. The City shall be the sole judge of
equality.
9. SAMPLES AND DEMONSTRATIONS: When requested samples are to be
furnished free of charge to the City. If a sample is requested it must be delivered within
seven days of the request unless otherwise stated in the bid. Each sample must be
marked with the bidder's name and manufacture's brand name. The City will not be
responsible for returning samples. The City may request a full demonstration of any
product or service before the award of a contract. All demonstrations will be done at the
expense of the Bidder.
10. CONDITIONS OF MATERIALS: All materials and products supplied by the Bidder
in conjunction with this bid shall be new, warranted for their merchantability, fit for a
particular purpose, free from defects and consistent with industry standards. The
products shall be delivered to the City in excellent condition. In the event that any of the
products supplied to the City are found to be defective or do not conform to the
specifications, the City reserves the right to return the product to the Bidder at no cost to
the City.
11. COPYRIGHTS OR PATENT RIGHTS: The Bidder warrants that there has been no
violation of copyrights or patent rights in manufacturing, producing or selling the goods
shipped or ordered as a result of this bid. The seller agrees to hold the City harmless
from all liability, loss or expense occasioned by any such violation.
12. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City
conforms with all respects to the standards set forth in the Occupational Safety and
Health Act and its amendments to any industry standards if applicable.
13. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions,
terms, specifications and requirement of the bid shall be just cause for the cancellation
of the bid award. The City may, by written notice to the Bidder, terminate the contract for
failure to perform. The date of termination shall be stated in the notice. The City shall
be the sole judge of nonperformance.
14. DEFAULT: In the event that the Bidder defaults on the contract or the contract is
terminated for cause due to performance, the City reserves the right to obtain the
materials or services from the next lowest Bidder or other source during the remaining
term of the contract. Under this arrangement the City will charge the Bidder any excess
cost occasioned or incurred thereby and shall apply to any bid bond required.
15. TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7) calendar days
written notice delivered by certified mail, return receipt requested, to the Bidder, the
CITY may without cause and without prejudice to any other right or remedy, terminate
the agreement for the CITY'S convenience whenever the CITY determines that such
termination is in the best interest of the CITY. Where the agreement is terminated for
4
the convenience of the CITY the notice of termination to the Bidder must state that the
contract is being terminated for the convenience of the CITY under the termination
clause and the extent of termination. Upon receipt of the notice of termination for
convenience, the Bidder shall promptly discontinue all work at the time and to the extent
indicated on the notice of termination, terminate all outstanding sub -contractors and
purchase orders to the extent that they relate to the terminated portion of the Contract
and refrain from placing further orders and sub -contracts except as they may be
necessary, and complete any continued portions of the work.
16. ASSIGNMENT: The Bidder shall not transfer or assign the performance required by
this bid without the prior written consent of the City. Any award issued pursuant to this
bid and monies that may become due hereunder are not assignable except with prior
written approval of the City.
17. EMPLOYEES: Employees of the Bidder shall at all times be under its sole direction
and not an employee or agent of the City. The Bidder shall supply competent and
physically capable employees. The City may require the Bidder to remove an employee
it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall
be responsible to the City for the acts and omissions of all employees working under its
directions.
18. TAXES: The City of Tamarac is exempt from all Federal, State, and Local taxes. An
exemption certificate will be provided where applicable upon request.
19. BID PREPARATION EXPENSE: The Bidder preparing a bid in response to this bid
shall bear all expenses associated with its preparation. The Bidder shall prepare a bid
with the understanding that no claim for reimbursement shall be submitted to the City for
the expense of bid preparation and/or presentation.
20. OMISSION OF DETAILS: Omission of any essential details from these
specifications will not relieve the Bidder of supplying such product(s) as specified.
21. INDEMNIFICATION: The Bidder shall indemnify and hold harmless the City of
Tamarac, its elected and appointed officials and employees from any and all claims,
suits, actions, damages, liability, and expenses (including attorneys' fees) in connection
with loss of life, bodily or personal injury, or property damage, including loss of use
thereof, directly or indirectly caused by, resulting from, arising out of or occurring in
connection with the operations of the Bidder or his Subcontractors, agents, officers,
employees or independent contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross negligence or willful
misconduct of the City of Tamarac or its elected or appointed officials and employees.
22. CLARIFICATION TO TERMS AND CONDITIONS: Where there appears to be
.variances or conflicts between the General Terms and Conditions and the Special
Conditions and/or Technical Specifications outlined in this bid, the Special Conditions
and/or the Technical specifications shall prevail.
I•"
•
The Bidder shall examine all bid documents and shall judge all matters relating to the
adequacy and accuracy of such documents. Any inquires, suggestions, request
concerning clarification or solicitation for additional information shall be submitted in
writing to the City of Tamarac's Senior Buyer, Earl W. Noll III. The City shall not be
responsible for oral interpretations given by any City employee or its representative.
23. BID TABULATION: Bidders who wish to receive a copy of the bid tabulation should
request it by enclosing a stamped, self-addressed envelope with their bid, or by
requesting a tabulation be sent to their fax machine. Bid results will not be given out by
telephone. The City does not notify unsuccessful bidders of contract awards.
101
RECYCLING TRUCK SPECIFICATIONS
The City of Tamarac is seeking for a recycling truck apparatus that will be hydraulically
actuated, over the top loading, dual side loading and shall be capable of loading 100% of
the body's volumetric rating. It will have the capacity to handle the Broward County two -
sort system: paper and commingled materials. The recycling truck will also
accommodate to the specifics of the City's roads and recycling conditions. For instance,
in the older sections of the City, roads are narrow and maneuverability becomes an
important decision factor. Here, the overall length and turning radius of the unit will be
part of our decision -making process. Also, our City experiences one of the highest
recycling rates in Broward County. Our present recycling truck must travel back and forth
to the Material Recovery Facility (MRF) between 4 to 0 times a day. We hope to reduce
traveling time by using a compaction body. We presently carry 7,000 lbs. per load. This
number would have to be optimized to achieve less traveling time.
VEHICLE SUMMARY
Unit
Model: Conventional
Type: Truck 2 axles
Application
Intended use: Recycling/Road
Commodity: Paper, plastics, cans
Glass, drink boxes
Body
Chassis
Front axle load (lbs.):
10,000
Rear axle load (lbs.):
23,000
Road conditions:
Class A (Highway)
100%
Class B (Hwy/Mtn)
0%
Class C (Off hwy)
0%
Class D (Off road)
0%
Type: G-S Products, model 5732D or approved equal
• Special requirements: 1. Right side stand-up drive cab conversion
2. Front mounted hydraulic pump preferred. Other option will
be considered if delivery time becomes an issue.
These specifications should be considered to be the minimum acceptable specifications.
Failure to comply with these minimum standards shall result in the rejection of the
bidder's bid offer.
If the equipment offered differs from the specifications stated herein, the bidder shall
declare a "VARIATION" (Exception) and these differences shall be explained in detail.
Bidder shall note all variations on attachment "A" of the invitation to bid.
Bidders shall "initial" in the space provided to indicate compliance or note a variation.
Failure to do so may result in rejection of the bid.
The City reserves the right to accept or reject any part of or all bids and to accept the bid
deemed to be in the best interest of the City.
7
A - CHASSIS REQUIREMENTS COMPLIANCE
1. The chassis supplied shall have a Frame Rail
constructed of 100,000 PSI material, and a
minimum RBM of 1,100,000 in-lbs.
2. The chassis provided shall have:
• Cab to Axle of "
• Wheel Base of "
• Turning radius of "
3. The Rear Axle and Rear Suspension rating shall
be a minimum of 23,000 lbs.
4. The Front Axle and Suspension rating shall be
a minimum of 10,000 lbs.
5. The after -frame length shall be in.
B - FRAME AND EQUIPMENT
1. 10.125"X 3.062"X 0.312" steel rails/steel cross members
• 225" through 254" WB with 97" maximum AF
• heat treated alloy (110,000 psi yield)
frame reinforcement full "C" channel; 10.720"X 3.310"
X 0.250"; 225" through 254" WB
2. Two (2) frame mounted front tow hooks
3. Steel bumper extension to accommodate hydraulic
pump assembly (if chosen)
C - FRONT AXLE AND EQUIPMENT
1. 10,000 lbs. capacity.
• Zerk fittings on tie rod ends, king pins and
ball joints
2. Power steering
• 2-spoke, 18" diam.
3. Standard oil seals
4. Air cam S-cam brakes; 16.5 X 5.0" Cam breaks
• Automatic slack adjusters
D - REAR AXLE AND EQUIPMENT
1. 23,000 lbs. capacity
• Upper torque rod
• Heavy duty springs
2. Air cam S cam; 16.5 X 7 Cam breaks
• Includes 30 sq. in. MGM spring actuated
parking brake chambers
0 Automatic slack adjusters
E — ENGINE AND EQUIPMENT
1. 230 HP, diesel
2. 100 Amps alternator, 22 SI
3. Fiberglass tilting front end
4. 12 volt starter
• Ignition button start switch in center of dash
• 12 Volt system with circuit protection
5. Two (2) 12V batteries, minimum 1300 CCA
• Tapered post type terminal
• Maintenance free 12V batteries
• Stranded copper battery cables
• Double aught (00) or larger
6. Blend -air conditioner
• Integral heater and defroster
7. Engine shutdown with automatic override
• Warning light and buzzer
• Shutdown on low engine oil pressure
• Shutdown on high engine coolant temperature
• Shutdown on low coolant level
8. Road speed type governor
9. Standard core radiator
• 718 sq. in. with high performance
• 565 sq. in. charge air cooler for use with front
mounted PTO
• Soldered down flow, Series system
10. Silicone coolant hoses
11. Circuit breakers
• Manual reset SAE type III with trip indicators
• Replaces all fuses except for 5-amp fuses
12. Hand throttle Vernier type
13. Single vertical RH exhaust system
• Aluminized steel with guards
F — TRANSMISSION AND CLUTCH
1. Allison, automatic, 4 or 5 speed
2. Water oil heat exchange
3. Transmission oil filter
G — AIR AND TRAILER EQUIPMENT
model
1. Bendix Tu-Flo 550, 13.2 cfm air compressor
2. Bendix AD-9 air dryer
• Heater
Standard location
3. Pull chain drain valve, Berg manual, for air tank
9
H - TIRES AND WHEELS
1. Two (2) front tires, 16 ply, 11 R22.5 unisteel
G286 (Goodyear), 496 rev/mile, load range H
2. Four (4) rear tires, 16 ply, 11 R22.5 unisteel
G286 (Goodyear), 496 rev/mile, load range H
3. Two (2) front cast wheels, 22.5 X 8.25
• 6-spoke, painted steel
4. Two (2) dual rear cast wheels, 22.5 X 8.25
• 6-spoke, painted steel
• Oil lubricated wheel bearing
I - FUEL TANK
1. Steel 50 gallon right hand fuel tank with center step
J - CAB AND EQUIPMENT
1. 80" conventional, steel, RH Drive Stand-up conversion
• Dual Steer use
• Ignition and Doors Keyed alike
• Full length RH bi-fold steel door with 4 tined
glass windows
2. Structured box tubing sub -frame
3. Backrest for RH stand-up position
4. 3-pt seat belt/shoulder harness driver only
5. Inside/outside door latches
6. 12/14 gauge galvanized steel
7. 1/8" diamond plate floor with hinged deck plate
8. Tinted windows
9. Right hand curb view window
10. Dual chrome fender mirrors with convex
11. Dual oscillating ceiling mounted fans
12. Factory front windshield
13. PTO engaged indicator light
14. Back Up Alarm
15. Standard AM/FM radio
16. Tachometer
17. Voltmeter
18, Hourmeter
19. Daytime running lights
20. Stop/tail/back-up lights
21. Two (2) rectangular mirrors
• West coast type
• Electrically controlled from inside cab
• Aluminum heads and brackets
16" X 7" size with 102" wide spacing
• Two (2) 8" convex stainless steel, mounted below
22. Transmission shifter relocated to center floor
HC
23. Gauges and instruments
• Two (2) temperature trans. main oil gauges
• Two (2) coolant temperature gauges
• Two (2) oil pressure engines gauges
• Two (2) air pressure gauges
• Two (2) fuel level gauges
• Two (2) speedometers with odometers
• Dual turn signal controls
• Two (2) inside sunvisors
• Dual air horn buttons
• Dual windshield wiper controls
• Dual accelerator and brake controls
24.Additional headlight switch RH
25.Additional start button / stop switch RH
26. Flip down RH side seat
K - PAINT
1. Cab shall be painted yellow, IMRON 5194U
2. All wheels shall be painted white, IMRON
L — FEDERAL EMISSION
40 Vehicle shall meet all requirements prior to acceptance by City.
Proof of passage is required.
•
11
Compaction Recycling Body
0 Specifications
It is the intent of these specifications to describe a Tilt -to -Dump Dual Side Loading
Compaction type Recycling Body with two integral Loading Troughs which will each
accommodate a dumping mechanism for poly carts up to 96 gallons in capacity. The
body shall be suitable for mounting on a chassis manufactured by others.
The compaction body shall have two compartments capable of compacting a legal
payload. The capacity of the body shall be approximately 32 cubic yards. The gross
lifting capacity of each loading trough shall be a minimum of 1,000 pounds.
The body shall be designed and constructed in accordance with the appropriate parts of
ANSI Z245.1.
The omission of any standard feature described herein shall not relieve the bidder of the
responsibility to furnish a complete body and loader mechanism with all standard
equipment of the body manufacturer's latest model. All equipment furnished shall be
new and unused.
The unit specified and all equipment, standard and optional, shall be completely
assembled, adjusted, installed and be ready for use on a truck chassis furnished by
others. The City of Tamarac is looking for the ultimate combination of capacity,
turning radius and maneuverability to accommodate its situation.
A - BODY CAPACITY
1. The loading body capacity
2. Expected average material weight per load
B - BODY DIMENSIONS
1.
The overall height of the body, in the travel
mode, shall not exceed 100" above the
chassis frame.
2.
The width of the body, in the travel mode,
shall not exceed 96".
3.
The overall length of the body
The overall length of the vehicle
4.
The maximum height of the body, with the
body in the dumping mode, shall not exceed
218" above the chassis frame rail.
5.
The maximum height of the body, with the
Loading Trough in the dum_ping,,mode, shall
not exceed 128" above the chassis frame
rail height.
Compliance
cu. yards
lbs.
in
in.
12
C - CYCLE TIMES
1. The Loading Trough cycle time (full cycle)
2. The Compacting Cycle time
D - LOADING MECHANISM AND LOADING TROUGHS
1. The Loading Troughs, one per side, and with enough
volumetric capacity to allow multiple recycling bins to
be emptied without having to dump the troughs. The
End and Front Walls of the troughs shall be a minimum
of 12 GA material.
2. The Loading Troughs shall travel upward on "track and
trolley" system which will incorporate two curved track
sections and four UHMW Polyethylene rollers/stabilizers,
per trough. The rollers/stabilizers shall be permanently
lubricated to promote a favorable service life of this
component. The track shall incorporate at least one
removable section per trough to facilitate replacement
of the Rollers. The Loading Troughs shall be raised and
lowered by the top door cylinders via a linkage system.
Any design utilizing chains or cable drive or hydraulic
gearmotors is not acceptable to the City;
3. A Cart Attachment, which is capable of dumping a
mobile cart up to 96-Gallon capacity shall be included.
The cart attachment shall automatically retain the cart
during the dumping cycle and release the cart prior to
the end of the cycle so as to avoid structural damage
to the cart. The Cart Attachment shall designed in such
a manner so as to enable the operator to alternate
between cart dumping and manual loading of the trough
without the need to manipulate and pin(s) or lever(s).
The bidder, by submission of his bid agrees to
performance test prior to acceptance of any bodies/
chassis which may by purchased in conjunction with this
specification.
4. At least four (4) Cart Attachments per side.
5. The Loading Trough/Top Door raise cylinders shall
incorporate an internal "cushioning" device at each
end of the stroke to minimize hydraulic system wear
and curtail unnecessary operational noise while the
unit is on the route.
6. The "raise"/"lower" function of the Trough shall be
controlled by a lever located forward of each
respective trough and shall be detented to the
neutral position to cause the "raise"/"lower" action
to cease whenever the operator releases the lever.
7. Any system which enables the Loading Trough
to be cycled from inside the cab, is not acceptable.
sec.
sec.
NINav:R
carts
13
E - PACKER HEAD/CYCLE
1. Packer Blade (s)
shall be a minimum of 12 GA Hot Rolled
ASTM A569 or Cold Rolled ASTM Steel.
2. Reinforcin . A combination of pressed and
structural members shall be used to assure
maximum rigidity.
1. Slides for compacting compartment (s)
shall be the replaceable type.
2. The Packer Head, for the compacting compartment (s)
shall promote the compaction process. To preclude
unnecessary breakage of the commingled glass,
the packer assembly shall not penetrate into
the compaction zone. Any system which utilizes a
"full pack" type packer assembly shall be deemed
unacceptable to the Cit .
3. Packing Cylinders. There shall be a total of two (2)
double acting cylinders, which shall provide the
sweeping and compaction forces. They shall have a 4"
bore x " stroke and incorporate a 2.5" Hard
Chrome Plated Rod. Maximum rated working
pressure shall not exceed 2,500 PSI.
0 F - HYDRAULICALLY OPERATED HOPPER COVERS
PSI
gauge
Both RH and LH Hopper Covers shall be hinged near the vehicle centerline and shall be
hydraulically operated by two cylinders per side (total of 4) via a "torque tube" configuration.
The Hopper Covers shall lift their respective Troughs to the dumping position by means of
two link rods. Systems which utilize chains, cables, or gearmotors to raise the hopper
covers and loading troughs are not acceptable to the City. A dump angle of approximately
50 degrees shall be achieved to insure that the recyclable dump freely into the hopper
without the need for repeated c clin (inertia dumping) of the trough assemblies.
COMPLIES: YES NO
Typical Dump Angle
(Bidder to complete)
1. Hopper Covers shall consist of a tubular framework
with an insert fabricated of a 14 GA steel to minimize
body weight and provide a means to contain the
payload when the hopper cover is in the "closed"
position.
2. The Top Doors/Hopper Covers shall open
automatically whenever the Loading Trough(s) are
raised to the "dump" position and close automatically
whenever the Loading Trough is fully lowered.
3. The Top Door/Hopper Cover Lift Cylinders shall
have a 4" bore x " stroke, with a 2" Hard Chrome
Plated rod. They shall have a rated working pressure
of 2,500 PSI and incorporate an internal cushion at
14
either end of the stroke. There will be a quantity of four
(4) cylinders per body
4. The Top Doors/Hopper Covers shall be equipped
with Hopper Extensions to minimize the potential
of load contamination during the dumping cycle.
G - REAR DISCHARGE DOOR
1. The Rear Discharge Door (s) or Tailgate (s)
shall be of the "Bustlegate" configuration to
promote efficient packing and to maximize the body
volume. A Flat Tail ate or hinged "Barn Door"
configurations will not be acceptable to the City.
2. The Tailgate shall be attached to the compaction
body with two (2) hinges with a minimum of 1 '/4"
diameter pins.
3. The Tailgate Opening shall be equal to the
maximum width and height of the body for complete
and unobstructed discharge of the payload.
4. Tailgate Construction. The Bubblegate shall be
constructed of 11 GA, ASTM A569 Hot Rolled or
A366 Cold Rolled Material. The construction shall
be a curved Rear Wall with flat Sidewalls. The
forward edge of the tailgate shall be reinforced
rectangular steel tubing framework to form a
flange with the compaction body. The tailgate
shall incorporate a positive seal across the bottom
and at least 18" up each side of the tailgate to
minimize leakage of liquids.
5. The Tailgate "Raise" shall be accomplished by two
(2) single acting hydraulic cylinders having a
minimum of 2.5" bore with a Chrome Plated 1.5" rod.
A restrictor valve shall be incorporated into the
cylinder circuit to control the closure speed of the
tailgate.
6. The Bubble Tailgate Latch Mechanism shall be of
the automatic type. A mechanical locking (pin)
device, to be manually removed by the operator
shall be provided to minimize the potential for
unintentional opening of the tailgate. The tailgate
latch and raise mechanism shall be operated from
the cab using a detented air controller (air over
hydraulic servo). Manually operated latches are
not acceptable to the City.
7. An indicator light shall be illuminated on the cab
console whenever the tailgate is not fully closed.
H — UNLOADING STSTEM
1. Body shall tilt to discharge payload. Maximum
15
height of the raised body shall not exceed 218"
above chassis frame rail. Twin hoist cylinders
shall be provided to promote stable dumping and
even distribution of the frame loading forces during
the dumping cycle. The telescopic cylinder shall
have three (3) stages, having a minimum of 6V 57
4" bores and 163.13" stroke. There shall be two
Safety Body Props to support the empty body
during servicing.
I - HYDRAULIC SYSTEM
1. A complete hydraulic system shall be provided.
2. A front mounted crankshaft driven Live Power pump
shall be provided as standard equipment.
The complete hydraulic system shall incorporate
only one hydraulic pump. Tandem pump systems
are unacceptable to the City.
3. The Main Systems pressure shall not exceed 1,500
PSI @ 30 GPM. The compaction system pressure
shall not exceed 1,000 PSI.
4. The Hydraulic Reservoir shall have a capacity of
30 U.S. gallons and shall incorporate a Suction Line
Strainer. The reservoir shall also incorporate a
Sight Glass to enable the operator to check the oil
level without removing the reservoir cap.
5. A 10 micron, full flow Return Line Filter shall be
provided. The filter shall be serviceable with
minimal loss of hydraulic oil and shall not require
draining the reservoir.
6. A manual Shut-off valve shall be provided to
facilitate maintenance.
7. High pressure hydraulic hose shall be of the wire
braid construction, designed to withstand four (4)
times the normal maximum working pressure.
8. All high pressure fittings shall be SAE split flange,
straight thread ("O" Ring), or 37 degree JIC type.
9. Hydraulic tubes shall be mounted in shock
absorbing industrial type clamps.
10. The Main Control Valve shall be air servo actuated,
excepting the Loading Trough control, which shall
be lever/direct linkage. The air -actuated controls
shall be provided to ensure that spool movement
is responsive to the "commands" of the operator.
The valve shall be sized appropriately to ensure
adequate capacity for all components.
11.All components shall be sized to ensure that the
normal system operating temperature does not
exceed 1601 F.
Dumping angle =
PSI
16
OJ, CONTROLS
1. All controls shall be mounted in a centralized cab
console so as to be readily accessible to the
operator.
2. Each control shall be properly labeled and indicate
direction of travel (i.e. "Body Up", "Body Down", ...)
3. The Tailgate and Body Lift controls shall be of the
air servo type and be detented to the "neutral"
position to ensure that movement of the various
functions shall cease whenever the operator
releases the controller.
K - LIGHTING
1. Clearance, stop, tail, back-up lights and reflectors
shall be provided in accordance with
FMVSS regulations.
2. Clearance lights shall be located below the top
crossmember for better protection. Stop, tail, and
back-up lights shall be located on the tailgate for
maximum protection.
3. The lens shall be a sealed unit, TRUCKLITE, high
impact, corrosion and water-resistant type.
IW/:7_11►kI
The complete unit, body and loading trough will be thoroughly cleaned to remove all
grease, dirt, weld slag, and foreign matter. One (1) coat (1 % to 1 '/z Mils) of Brown IMRON
7444U high gloss acrylic enamel will be applied to all external surfaces. All safety and
warning decals are to be affixed in accordance with ANSI Z245.1.
M - DELIVERY
• Delivery shall be F.O.B. CITY OF TAMARAC, Public Works facilities, located at 6011
Nob Hill Road, Tamarac, Florida
• The City is very interested in receiving the recycling apparatus (complete unit) as soon
as possible and as such may include delivery time as a factor in rendering the award.
Therefore it is in the Bidder best interest to deliver the complete unit as soon as it is
able to.
• Notwithstanding the above, the City may decide to incorporate liquidating damages of
an amount not to exceed $100 per day for the late delivery of the complete unit.
• Bidder hereby guarantees that it will deliver the complete recycling apparatus not more
than calendar days from the receipt of the purchase order/contract. TIME
IS OF THE ESSENCE.
IVA
N - LITERATURE
Descriptive literature will accompany bid and become a part thereof.
O - MANUALS
One (1) complete PARTS MANUAL shall be furnished with each piece of equipment
delivered to the City.
2. One (1) Operator's manuals shall be furnished, at the time of delivery, for each unit
accepted by the City.
3. One (1) Maintenance Manual shall be furnished, at the time of delivery, for each unit
accepted by the City.
P - MANUFACTURER'S EXPERIENCE / PARTS COMMONALITY
It is the City's intent to purchase that equipment which will have the lowest ownership costs
over the life of the equipment. In this regard, it is in the City's interest to determine and
give preference to those manufacturer's that can demonstrate their experience in the
manufacture of the type of equipment being sought, based upon the number of similar units
sold. Additionally, the bidder shall specify percentage of parts interchangeability of body
being proposed with the manufacturer's existing products in service.
Quantity of Automated Recycling bodies sold in last 24 months?
What percentage of parts used on these bodies will interchange with the body being
proposed to the City? %
Q - WARRANTY
The bidder shall provide a minimum of one (1) year "Parts and Labor" warranty on the
compaction body. Bidder shall also pass on to the City any and all manufacturer's
warranties associated with any and all components of the recycling truck chassis and
compaction body.
The warranty extended for this recycling apparatus will be an evaluation factor in
rendering the award.
0
19
20
11
•
21
777 W 'n"^ i 7 kw
k
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ATTACHMENT "A"
continued
0
Bidder's Name'
a
4
Variations:
•
The Bidder shall identify all variations and exceptions taken to the Instructions to
Bidders, the Special Conditions and any Technical Specification's in the space providedj�'
below; provided, however, that such variations are not expressly prohibited in the bid } '
documents. For each variation listed, reference the applicable section of the bid
pP
document. If no variations are listed here, it is understood that the Bidder's Proposal
•
u
r'
22
C1
23
k ) UIIJ not iaKe an oatn, or ( ) LAU NU I taKe an oath.
y
24
/"1V 11 IVI\ILLLJ vIt71 Y/'11 VRC.
,. ..
. .Ix L � W.i y
AUTHORIZED SIGNATURE (PRINTED OR TYPED
.
TITLE
FEDERAL EMPLOYER I.D. OR SOCIAL SECURITY NO
COMPANY NAME:
ADDRESS:
H
CITY:
STATE: ZIP:,
TELEPHONE NO.:
FAX NO.:
Ym
CONTACT PERSON:
25
26
•
uoniact Contact.
Agency/Firm Name: Agency/Firm Name:
Address Address: x,
s y�i
q Y.'✓: ..f'.
f•
City/State/Zip
City/State/Zip
Phone: Fax:
Phone: Fax:
"4
Contact
:Contact:
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R ;
Agency/Firm Name:
..,Agency/Firm Name:'w;
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Address
Address:<,F
r
City/State/Zip
City/State/Zip
Phone: Fax:
Phone:' Fax:
r , q
Contact
Contact:
Agency/Firm Name:
Agency/Firm Name:
Address
Address:
City/State/Zip
City/State/Zip
Phone: Fax:
Phone: Fax:
a;
a .,
Contact
Contact:
YOUR COMPANY NAME
n
ADDRESS
PHONE:
' ; FAX:
27
p.
ATTACHMENT "F»
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying '
they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This
requirement effects all public entities of the State and becomes effective January 1, 1991. The
special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace
programs. Whenever two or more bids which are equal with respect to price, quality, and service f'
are received by the State or by any political subdivision for the procurement of commodities or f
contractual services, a bid received from a business that certifies that it has implemented a drug .
free workplace program shall be given preference in the award process. Established procedures'', r .
for processing tie bids will be followed if non of the tied vendors have adrug-free workplace ,;,�
program. In order to have a drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace 1 f,
and specifying the actions that will be taken against employees for violations of such r air
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'sx��:; F
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,_
programs, p at may be imposed upon' w
and employee assistance ro rams, and the penalties that
employees for drug abuse violations. "
3. Give each employee engaged in providing the commodities or contractual services that J� k
ar, 1r
in subsection (1) K ;
are under bid a co of the stateme
nt specified
pY
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will'r ;
abide by the terms of the statement and will notify the employer of any conviction of, ar,
plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace "aKti;F
no later that five 5 days after each conviction._'''
5. Impose a section on, or require the satisfactory participation in a drug abuse assistance `
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.:
6. Make a good faith effort to continue to maintain a drug -free workplace through, k
implementation of this section. As the person authorized to sign the statement, I certify
that this form complies fully with the above requirements.
.,p
Authorized Signature Company Name
K-*1