April 23, April 30, 2010
Waste Collection and Disposal
for the City of Riverside, Ohio
Due in the Office Monday, August 17th, 4:00 PM local time
City of Riverside, 5200 Springfield Street, Suite 100, Riverside, OH 45431
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
NOTICE TO PROSPECTIVE BIDDERS
Until 4:00 PM on Monday, August 17, 2020, the City of Riverside, Montgomery County, Ohio, will accept sealed bids at its office located at the City of Riverside, 5200 Springfield Street, Riverside, Ohio, 45431 for collection and disposal of residential solid waste and recyclables on an exclusive contract basis for all single and duplex household residential units within the City for a five (5) year term beginning January 1, 2021 to December 31, 2025.
Bids must be submitted in a sealed envelope clearly marked “WASTE COLLECTION AND DISPOSAL BID” and accompanied by a certified check, cashier’s check or bid bond in the amount of five (5) percent of the total bid, which will be held as security until completion of the bid solicitation process. The successful bidder will furnish a performance bond in the minimum amount of $100,000. All requested information must be provided completely and on the prescribed forms or the bid will not be considered.
This bid solicitation consists of the following documents: (1) a Notice to Bidders (2) Instruction to Bidders; (3) an agreement entitled “Residential Solid Waste Collection Service Agreement”; (4) a Bid Response Form; and (5) a Bidder’s Statement of Qualifications. These documents are available at the City’s offices or by contacting, the city at (937) 233-1801 between the hours of 8:00 AM and 5:00 PM, Monday through Friday.
There will be a mandatory pre-bid conference for all prospective bidders. The pre-bid conference is scheduled for Wednesday, August 5, 2020 at 9:00 AM and will be held at the City Administration Building inside the Council Chambers. Prospective bidders should contact Mark Carpenter, City Manager at the telephone number noted above to confirm their attendance at the pre-bid conference.
The City reserves the right to reject any or all bids, or to waive any technicalities or irregularities in the bids as the interests of the City may require. The City further reserves the right to award the contract for this service to the bidder who, in the sole discretion of the City, is the lowest and best bidder, or to the bidder who is deemed most favorable to the City of Riverside.
______________________________
C. Mark Carpenter
City Manager
Dayton Daily News
Advertise: July 13, 2020
July 20, 2020
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
INSTRUCTIONS TO BIDDERS
RESIDENTIAL SOLID WASTE COLLECTION SERVICE
1. Sealed bid proposals will be received by the City of Riverside, Montgomery County, Ohio (herein “the City”), at the City of Riverside, 5200 Springfield Street, Suite 100, Riverside, Ohio, until 4:00 PM on Monday, August 17, 2020, for supplying on an exclusive basis all necessary equipment, labor, materials, and supervision for the collection, disposal and processing of residential solid waste and other household waste material and recyclables within the boundaries of the City. Such services will be provided for a five (5) year period, in accordance with the proposed agreement entitled “Residential Solid Waste Collection Service Agreement” (“Service Agreement”) which accompanies this bid solicitation and forms and integral part hereof. The commencement date for the Service Agreement will be January 1, 2021.
2. Only bids properly completed on the accompanying Bid Response Form will be accepted for consideration. All such forms and related documents must be executed where indicated by an authorized officer or agent of the bidder. Such execution shall serve as the bidder’s certification that the bidder has examined carefully and understands all terms and conditions of the documents that comprise this bid solicitation (“Solicitation Documents”). Unless otherwise indicated, the definitions contained in the Service Agreement of terms used therein will also apply to such terms when used in the other Solicitation Documents.
3. Bids shall be submitted in sealed envelopes and directed to C. Mark Carpenter, City Manager, City of Riverside, 5200 Springfield Street, Riverside, Ohio. Envelopes must be clearly marked with the notation “WASTE COLLECTION AND DISPOSAL BID,” and contain the full name and address of the bidder, the name of the bidder’s agent/representative, along with a telephone number at which the bidder’s agent/representative may be contacted.
4. Bidders are cautioned to examine carefully the conditions within the City affecting the collection, transportation, and disposal or processing of household waste material and recyclables, and to make all necessary investigations to acquaint themselves with the quantity and character of refuse to be handled under the Service Agreement. The City does not attempt to advise bidders in any of these matters.
5. There will be a mandatory pre-bid conference for all prospective bidders. The pre-bid conference is scheduled for Wednesday, August 5, 2020 at 9:00 AM and will be held at the City of Riverside Administration Offices in the Council Chambers, 5200 Springfield Street, Riverside, Ohio. Prior to the meeting, prospective bidders should contact C. Mark Carpenter, City Manager, at (937) 233-1801, to inform the City of their intention to attend the pre-bid conference.
6. The Contractor (i.e., the selected bidder) shall furnish all equipment, labor, materials and supplies necessary to perform the services and work required under the Service Agreement.
7. Each bid shall be accompanied by a deposit in the form of a certified check, cashier’s check or bid bond, made payable to the City of Riverside, Ohio, in the amount of five (5) percent of the total bid, which will be held as security for performance hereunder. The selected bidder shall execute the Service Agreement within ten (10) business days after a contract award. In the event the selected bidder fails to execute the Service Agreement within that period, its deposit shall be forfeited to the City as liquidated damages incurred by the City by reason of such default.
8. Each bidder is to provide a statement detailing prior experience in providing services like the services solicited herein, including references and other information that will enable the City to judge the bidders’ responsibility, experience, skill and overall ability to perform the subject services for the City. The statement shall include sufficient information to confirm that the bidder: (i) maintains or would establish a permanent place of business in Montgomery County or the immediate vicinity such that the facilities and equipment necessary for the services required under the Service Agreement would be located within an appropriate geographic proximity to the City; (ii) have in its employ a sufficient number of skilled and trained employees to carry out the services and work to be performed under the Service Agreement; and (iii) have the requisite managerial skills to organize and operate efficient residential solid waste collection and disposal services.
9. The City reserves the right, and all bid proposals shall acknowledge such right of the City, to investigate the financial standing and ability of the bidder to perform the Service Agreement. The bidder shall furnish all information requested by the City as necessary to complete that investigation.
10. The selected bidder must demonstrate to the satisfaction of the City that it has adequate financial resources and expertise to perform all the Contractor’s obligations under the Service Agreement. No contract will be awarded to any bidder who, as determined by the City in its sole discretion, has an unsatisfactory performance record or inadequate experience, or lacks the necessary capital, organization and equipment to perform the Service Agreement.
11. At the time of executing the Service Agreement, the selected bidder shall furnish a performance bond to secure performance thereunder in the minimum amount of $100,000. The bond must have a five (5) year term and be issued by a responsible surety company licensed to do business in the State of Ohio.
12. Any person who intends to submit a bid in response to this solicitation that has questions regarding the meaning of any term or provision used in the Solicitation Documents may submit to the City Manager a written request for an interpretation of such terms or provision. Any interpretation by the City of any term or provision used in the Solicitation Documents will be by written addendum only, and a copy of such addendums will be mailed or delivered to each prospective bidder to whom the City has provided a copy of the Solicitation Documents as of the date the addendum is issued. The City shall not be bound by or responsible for any other interpretation or explanation of the Solicitation Documents.
13. The City has provided a map of the community for bidders’ reference. The City estimates that it has 6,650 Residential Customers in the single and duplex household categories. The figure noted above is provided for informational purposes only, and the actual number of Residential Customers is likely to differ from that figure; for purposes of payment for services under the Service Agreement, the number and categorization of Residential Customers is determined in accordance with the provisions of Section 5 of the Service agreement. For bidders’ reference, in 2019, the city’s current refuse contractor reported collection of 7,011.5 tons of solid waste and 1,037 tons of recyclables.
14. The proposed Service Agreement provides for twice monthly collection of Bulk Waste, except as otherwise specified in the Bid Response Form.
15. The Service Agreement provides for collection of Yard Waste. Residents shall be permitted to include yard waste in their regular trash containers and/or in a manner as directed by the successful bidder to ensure that yard waste is collected at no additional cost to the Residential Customer.
16. As noted above, the Service Agreement will have a five (5) year term beginning January 1, 2021. In completing the Bid Response Form the bidder is to specify its proposed unit prices based on two alternate service options. The City shall choose one (1) of the two alternates and inform the contractor.
17. Bidder is asked to provide base quarterly pricing for each residential unit as well as a cost to provide the quarterly billing and fee collection services per residential unit.
18. If the City contracts with the successful bidder to provide billing and fee collection then the City and successful bidder will determine a mutually agreeable method for discontinuing service for each residential unit due to nonpayment and notification of the same with the City. Should residential unit continue to generate a need for waste collection, the Contractor, upon notification by the City, shall provide waste collection service at the residential unit and invoice the City for the one-time service. Bidders shall provide pricing for this one-time pick up service.
19. Billing and fee collection will be performed on a quarterly basis with bills sent to the property owner of record. List of residential units will be updated using a mutually agreeable methodology.
20. As stated in the Service Agreement, the selected bidder shall provide collection service at no charge to the City’s government facilities, as those facilities may from time-to-time change.
21. Consistent with the requirements of Section 4 of the Service Agreement, bidders should specify a proposed collection schedule for regular collection of Disposable Solid Waste and Recyclables and describe the procedure by which Residential Customers and Government Facilities will be informed of any scheduling changes.
a. The Service Agreement provides for curbside collection of recyclables from Residential Customers. The contractor is responsible to provide residential recycling containers.
b. Each bidder is required to provide as part of its bid additional information regarding recycling, including a proposal for an incentive program for the City’s improvement of the overall diversion of recyclables from the waste stream, additional recycling services to be provided beyond the specified minimum level of service required by the Service Agreement (e.g., additional materials to be accepted for recycling, educational efforts to encourage recycling, etc.), and other matters which the bidder considers appropriate to address. Additionally, as part of the required Statement of Qualifications, each bidder shall describe its experience in providing recycling services such as those called for by the Service Agreement.
22. Pursuant to Ohio Revised Code Chapter 343, twenty-eight Montgomery County communities, including the City, are members of the Montgomery County Garbage and Refuse Disposal District (“the District” or “Solid Waste District”). The District operates pursuant to an agreement entitled “Waste Delivery and Disposal Agreement,” which requires that all “disposable solid waste” generated within the political boundaries of the District members is to be delivered to certain designated “Solid Waste Processing and Disposal Facilities.” All solid waste collected pursuant to the Service Agreement shall be delivered for disposal or processing at such designated Solid Waste Processing and Disposal Facilities (currently the Solid Waste Transfer Station, located at 1001 Encrete Lane, Dayton, Ohio 45439) and all recycling and yard waste must be delivered to EPA licensed facilities including but not limited to the Solid Waste Processing and Disposal Facilities. All bids shall reflect the cost for such delivery, processing and disposal.
23. Specifications regarding Bulk Waste collection are included in the Service Agreement. It will be the Contractor’s responsibility to assure proper disposal of articles that contain refrigerants such as CFSs or HCFCs. Contractor shall pick up bulk waste twice monthly, except as otherwise specified in Bid Response Form.
24. The prices in a bidders’ response must be stated in the manner specified in the Bid Response Form. In the event of a discrepancy in computing the overall amount of a bid, the underlying unit prices quoted will govern. The Contractor is responsible for all fees required to be paid to the County for disposal, including, but not limited to, tipping fees. The Contractor and the City each reserve the right to negotiate in good faith amendments to this Agreement necessitated by increases or decreases in disposal costs, state or local government fees, or other uncontrollable operational cost increases. Any such amendment shall be reduced to writing, refer to this Agreement, be executed by an authorized representative of the Contractor and the City, and, if necessary, be approved by the Riverside City Council.
25. The City reserves the right to reject any and all bids, or to waive any technicalities or irregularities in the bids as the interests of the City may require.
26. A bid cannot be modified after it has been submitted, but a bidder may, upon written notification filed with the City Manager, withdraw its bid unopened prior to the time set for the opening of bids.
27. A Contractor shall not be permitted to sublet the Service Agreement or any part thereof without first having obtained the written approval of the City. The subletting of the Service Agreement or any part thereof will not relieve the Contractor of any liability under the terms of the Service Agreement.
28. Bid prices shall remain valid for a period of sixty (60) days.
29. The City of Riverside is requesting optional bids for additional services:
i. City Wide Seasonal Leaf Collection - The City is seeking bids for leaf collection services for its residents. A minimum of two rounds of leaf pickup is performed for all residential customers. Each bidder will propose a start and completion date for this service accompanied by a collection schedule identifying days and/or weeks for pickup. The service will be performed each year during the term of the agreement. It is the City’s desire that these leaves be recycled as compost or mulch and not land filled.
The leaf collection program is not a replacement for yard waste requirements as stipulated in the base refuse collection contract. This program will be an additional seasonal service.
The Contractor shall state in detail how the collection will be performed and cost per unit for collection of leaves. Include the following:
• Disposal site and proposed end use
• Will leaves be picked up in bags (provided by whom, including cost) or by a vacuum system?
ii. Co-Op Opportunity for Businesses in the City of Riverside – The City is requesting pricing for a program that offers discounted waste collection services for businesses. The terms of service, schedule, process for enrollment, and any other conditions for participation shall be included in the proposal.
iii. House Side Subscription Service – The City is requesting bid pricing for residents to have optional house side subscription service. The provider will retrieve tote from the property to the truck for emptying. The hauler will replace tote to its original location after emptying. The bidder may designate separate pricing depending on length from curb to tote location. This may be offered as an optional service to individual Riverside residents at their own expense.
iv. Senior Discount Program – The City is requesting an optional bid for a provider sponsored program offering a discount to residents who are seniors. The proposal will include a description of the program including eligibility requirements, enrollment process, and other pertinent details.
v. Discount for Annual Payment – The City is requesting a bid for a rebate program which offers a discount to residents who pay their annual bill in one lump sum payment annually. The proposal will include the mechanism on how the program would be established and offered to the public.
30. The City reserves the right to select the lowest or best bid or the bid deemed most favorable to the City of Riverside. The City will rely on the following bidder criteria:
• Comparative pricing
• Prior experience
• Adequacy of facilities, equipment and personnel to provide services
• Adequacy of financial resources
• Hours of operation
• Past performance in providing service to comparable communities
• Completeness of bid and compliance with bid conditions.
• Quality and cost of any additional services proposed by the bidder
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
RESIDENTIAL SOLID WASTE COLLECTION
SERVICE AGREEMENT
TABLE OF CONTENTS
1. DEFINITIONS Page 12
2. RECITALS Page 16
3. REPRESENTATIONS AND WARRANTIES Page 17
4. SCOPE OF SERVICES Page 18
5. COMPENSATION AND PAYMENTS Page 29
6. TERM OF AGREEMENT, TERMINATION AND REMEDIES Page 31
7. CONTRACTOR INDEMNIFICATION OF THE CITY Page 34
8. INSURANCE AND PERFORMANCE BOND Page 34
9. COMPLIANCE WITH LAW Page 37
10. CUSTOMER RELATIONS Page 38
11. NOTICES, DELEGATION AND APPROVALS Page 39
12. INDEPENDENT CONTRACTOR Page 39
13. RESOLUTION OF DISPUTES; CHOICE OF FORUM AND LAW Page 40
14. LICENSES, PERMITS AND FEES Page 41
15. NON-ASSIGNMENT; NON-SUBCONTRACT Page 41
16. AMENDMENT OF AGREEMENT Page 41
17. INTEGRATED AGREEMENT Page 41
BIDDERS STATEMENT OF QUALIFICATIONS Page 44
REFERENCES Page 48
BID RESPONSE FORM Page 49
RESIDENTIAL SOLID WASTE COLLECTION SERVICE AGREEMENT
EFFECTIVE DATE:
COMMENCEMENT DATE: January 1, 2021
TERMINATION DATE: December 31, 2025
This Agreement is made effective on the date specified above between the City of Riverside, a political subdivision of the State of Ohio, Montgomery County (referred to herein as “the City”), and ___________________________ (referred to herein as “the Contractor”). Contractor is a corporation duly organized under the laws of the State of _______________________.
The City and Contractor agree as follows:
1. DEFINITIONS
The following definitions are used in this Agreement
a) Agreement means this Residential Solid Waste Collection Service Agreement
b) Approved Disposal or Processing Facility means the Solid Waste Processing and Disposal Facilities, or any other processing facility expressly approved in writing by both the City and by the Montgomery County Garbage and Refuse Disposal District (for disposable solid waste the current facility is the Solid Waste Transfer Station located at 1001 Encrete Lane, Dayton, Ohio 45439). Recycling and yard waste need only be deposited at an EPA approved facility, including but not limited to the North and South Transfer Stations.
c) Bid Response Form means the document submitted by Contractor in response to the date solicitation of bids by the City to provide residential solid waste collection service on a unified basis to the residents of the City.
d) Bulk Waste means appliances, furniture, mattresses, box springs, toys, carpet and draperies and like materials normally found in a residential unit. Bulk waste does not include demolition matter, infectious waste or hazardous waste.
e) Commencement Date means the date Contractor shall commence collection service hereunder, which date is specified on the first page hereof. In its sole discretion, the City may delay the Commencement Date until resolution of any pending judicial or administrative proceeding that seeks to enjoin or otherwise challenge action or inaction by the City with respect to this Agreement and which contests: (i) the validity of the contract award or the procedures relating thereto pursuant to the laws of the State of Ohio; (ii) the requirements of any applicable law regulating the environment or health and safety; or (iii) whether this Agreement complies with any other applicable law.
f) Container means the receptacle into which Disposable Solid Waste and Recyclables are placed for collection. All Containers shall be of a type approved by the City and Contractor.
g) Contract Administrator means individual identified to the Contractor by the City as having been delegated responsibility by the City to address on their behalf certain matters, as the City may in its sole discretion hereafter determine from time-to-time, that arise in the implementation and administration of this Agreement. In its sole discretion, and immediately upon written notice to the Contractor, the City may change the Contract Administrator.
h) County means Montgomery County, Ohio
i) Day means a calendar day except where various provision of this Agreement refers to business days. Whenever this Agreement prescribes a period within which certain action is to be taken or completed and that period ends on a weekend or holiday, such period is extended to include the next day that is not a weekend or holiday.
j) Disposable Solid Waste means all waste matter generated by the normal activities of a household. Includes, solid, liquid or mixed, which attends, exists, is created or accumulates within Riverside from the preparation, cleaning, cooking, use, storage or sale of or dealing in meats, fish, fowl, fruits, vegetables, cereals, grain or other animal, vegetable or mineral matter designed or intended as foodstuff for human consumption. Disposable Solid Waste includes Yard Waste and Bulk Waste as defined herein but excludes Recyclables and Unacceptable Waste.
k) District means the Montgomery County Garbage and Refuse Disposal District.
l) Recyclables means materials including many kinds of glass, paper, cardboard, metal, plastic, and other types of reusable materials as mutually agreed upon by the city and the Contractor which have been separated from Disposable Solid Waste by placement in an approved receptacle for separate collection hereunder, including a receptacle in which two or more Recyclables have been placed, and which have the economic value for reuse in the secondary materials market.
m) Residential Customer means each occupied single and duplex residential unit.
n) Solid Waste Processing and Transfer Station means the County Solid Waste Transfer Stations located, respectively, at 1001 Encrete Lane, Dayton, Ohio 45439 and includes, by way of example and without limitation, such equipment as may be required to transport Disposable Solid Waste and residues to processing and recycling facilities, landfills and other disposal sites, and all supporting equipment and appurtenances, and supporting appurtenances, and such recovery equipment as may be installed to recover and/or recycle any materials or energy from Disposable Solid Waste.
o) Service Area means the geographic area within the political boundaries of the City of Riverside as such boundaries exist at the outset of this Agreement, upon any renewals thereof, or as such boundaries may expand due to annexation or incorporation.
p) Tipping Fees means any per unit (per ton) charges to Contractor upon each delivery of Disposable Solid Waste to the Solid Waste Disposal Facilities.
q) Unacceptable Waste means hazardous and infectious waste, explosives, foundry sand, sewage, septic or other human waste, animal carcasses, motor vehicles, agricultural and farm machinery and equipment, other large machinery or equipment (excluding Bulk Waste), liquid waste, construction and demolition debris (other than minor amounts of homeowner-generated construction and demolition debris) and discarded tires and parts from automobiles and trucks (except insofar as such discarded and parts are Bulk Waste as defined herein).
r) Waste Delivery and Disposal Agreement means the Waste Delivery and Disposal Agreement entered by the members of the Montgomery County Garbage and Refuse Disposal District in order to assure proper management of Disposal Solid Waste. Agreement requires delivery of all solid waste the Montgomery County Solid Waste Transfer Station.
s) Yard Waste means discarded organic material such as wood chips, branches, leaves, flowers, shrubs, grass and other similar organic materials.
2. RECITALS
2.1 Twenty-eight Montgomery County communities, including the City, are the members of the Montgomery County Garbage and Refuse Disposal District (hereinafter “District Members”), which was created pursuant to Ohio Revised Code Chapter 343.
2.2 The disposal and processing of solid waste and recyclables vitally affects the public health, safety, and welfare of the residents of the City, as well as the residents of each of the other District Members and Montgomery County generally.
2.3 It is essential for the health, safety and welfare of the residents of the City and all other District Members that the City permit the County to maintain control of Disposable Solid Waste in coordination and cooperation with District Members. Moreover, because the safe operation of motor vehicles on their streets is a matter of the highest priority for the City, such control includes measures to assure that vehicles for the collection of Disposable Solid Waste and Recyclables are at all times operated in a safe, responsible and courteous manner.
2.4 Cooperation and coordination between the County and District Members, including the City, is intended to aid in preserving and protecting the environment and protecting the health, safety and welfare of the residents of the City and all other District Members.
2.5 In furtherance of its duty to protect the public health, safety and welfare, including its obligations as a District Member, the City solicited proposals from persons interested in providing residential collection service for municipal solid waste on an exclusive basis within the political boundaries of the City, and Contractor was the successful bidder.
2.6 The City and Contractor are desirous of entering into this Agreement to set forth their respective rights and obligations.
2.7 This Agreement supersedes all other agreements, if any, between the City and Contractor relating to the management of Disposable Solid Waste, Recyclables, and other waste, and any such agreements are hereby terminated as of the commencement date of this Agreement.
3. REPRESENTATIONS AND WARRANTIES
3.1 The City represents and warrants to Contractor that the execution and delivery of this Agreement has been duly authorized by all appropriate actions of the City’s governing body, the City Council of the City of Riverside, and that this Agreement constitutes a legal, valid and binding obligation of the City in accordance with its terms.
3.2 Contractor represents and warrants to the City that it is a corporation in good standing in its state of incorporation and either is incorporated in the State of Ohio or legally qualified to do business in Ohio.
3.3 Contractor represents and warrants to the City that the execution and delivery of this Agreement has been duly authorized by all appropriate actions of its board of directors and/or officers and that this Agreement constitutes a legal, valid and binding obligation of the Contractor in accordance with its terms.
3.4 Contractor represents and warrants to the City and the City represents and warrants to the Contractor that to the best of their knowledge, respectively, there is no pending or threatened litigation or government proceeding which would adversely affect the performance of their respective obligations under this Agreement.
4. SCOPE OF SERVICES
4.1 Exclusive Contract and License. For the term of this Agreement or any extensions thereof, the City hereby grants to Contractor the exclusive license and right to collect Disposable Solid Waste and Recyclables from all Residential Customers within the Service Area and deliver such Disposable Solid Waste and Recyclables to the Approved Disposal or Processing Facilities. No other person or entity will be issued a license to collect Disposable Solid Waste and Recyclables from the Residential Customers. Contractor shall hold its exclusive license and right for the period that this Agreement remains in effect and for no longer.
4.2 Services-Generally
4.2.1 Basic Service Obligation. Beginning on the Commencement Date, Contractor will diligently perform the public service and work of collecting all Disposable Solid Waste and Recyclables generated from Residential Customers within the Service Area and delivering same to Approved Disposal or Processing Facilities under the terms and conditions stated in this Agreement. The services provided by Contractor shall include the furnishing of all labor, tools, containers, equipment, rolling stock, materials, insurance, performance bonds, supervision, office space, and all materials and other items necessary to the performance of such services. All work and services to be performed under this Agreement shall be carried out in the manner specified herein. Services hereunder shall be subject to inspection without notice by the Contract Administrator or his or her designee. Contractor shall provide services hereunder in accordance with the highest standards of public or private entities engaged in providing such collection service.
4.2.2 Safety. The Contractor’s personnel shall at all times fully adhere to all traffic laws and regulations as well as prudent safety practices and regulations. When loading waste or other material, collection vehicles shall stop as close as practical to the right-hand curb or edge of pavement, and under no circumstances will a collection vehicle cross over into the opposite side of the street in order to make simultaneous collections from Residential Customers on both the left-hand and right-hand sides of a street unless said areas are authorized by the City. Contractor’s collection vehicle drivers shall be trained to avoid creating potential traffic hazards or causing inconvenience to the traveling public or to themselves. Such drivers will have annual training regarding traffic safety rules and procedures. The Contractor shall assure that each driver of a collection vehicle is licensed with a commercial driver’s license and all other required federal and state licenses for the type of collection vehicle being operated.
4.2.3 Sanitation. Contractor will conform to all applicable state and local laws, rules and regulations regarding proper collection of Disposable Solid Waste and Recyclables. In providing services under this Agreement, Contractor will observe standards of sanitation consistent with the highest standards of public or private entities engaged in providing such collection service. Any improper storage of Disposable Solid Waste or Recyclables or other unsanitary conditions observed by Contractor within the City must be reported to the Contract Administrator.
4.3 Collection Requirements
4.3.1 Services. Contractor shall collect all Disposable Solid Waste and Recyclables set out at all Residential Customers in the Service Area for collection. Contractor shall exercise all reasonable care and diligence in entering upon premises of Residential Customers. Contractor shall place emptied containers at their previous location (where they had been placed for collection). Contractor shall immediately notify the Contract Administrator in any case where collections cannot be made on schedule or where collection was not made due to failure to use Containers that conform to the requirements of this Agreement. Transportation and collection hereunder shall be conducted in a manner that does not create a nuisance. The collection vehicle must be constructed and operated in a manner that prevents spillage of waste on streets and right-of-ways. Any litter or other nuisance such as oil spills or other liquids caused by Contractor, whether through emptying a Container, or otherwise, shall be promptly cleaned by Contractor. Contractor must take care not to damage Containers, and in the event of willful or unnecessary damage to Container, Contractor shall be liable for the same. Contractor shall promptly notify the Contract Administrator of any claim of damage to Containers other than reasonable wear and tear.
4.3.2 Disposable Solid Waste. Contractor shall provide curbside collection of Disposable Solid Waste in accordance with the following specifications.
4.3.2.1 Service Requirement. On a weekly basis, the Contractor shall collect all Disposable Solid Waste set out for collection in approved containers by all Residential Customers in the service area. Containers shall be set out for collection at the curb. Disposable Solid waste includes vegetative matter and yard waste. Vegetative matter shall be bagged or placed in container and set out at the curb for collection. Yard waste shall be bundled and set out at the curb for collection.
4.3.2.2 Container. The contractor shall provide the container; size of container is specified on the Bid Response Form. In cases where Contractor does not provide container, Residential Customer can rent a 32, 64 or 96-gallon (or similar size) Container for a price set in Exhibit A, Alternate 1.
4.3.3 Recycling. Contractor shall provide curbside collection of Recyclables in accordance with the following specifications.
4.3.3.1 Service Requirement. Recyclables will be collected by contractor from all such Residential Customers on the same day as Disposable Solid Waste. The number of receptacles for Recyclables that Residential Customers can set out for collection is not limited. Contractor shall provide and distribute to each Residential Customer a 64-gallon recycling container, which should be clearly recognized as a recycling container (different color than disposable solid waste container). Other size containers will be made available to residents as requested at no additional cost.
4.3.3.2 Public Education. Contractor will provide an annual public awareness program to inform and encourage residents of the City to participate in the City’s recycling program. The content of the annual public awareness program will be as mutually agreed upon by the City and the Contractor.
4.3.3.3 Incentive. Contractor shall provide incentive program described in Bid Response Form. Plan may change from time to time, based on permission by the Contract Administrator. Contractor is encouraged to explore the incentives offered by the Montgomery County Solid Waste District and partner with the City on those types of endeavors.
4.3.4 Bulk Waste. Contractor shall provide curbside collection of Bulk Waste in accordance with the following specifications set forth in section 4.3.4.1.
4.3.4.1 Service Requirement. All Residential Customers are entitled to Bulk Waste pick-up on a twice monthly basis (or as specified in the Bid Response Form for the limited trash alternate). The Contractor may require disassembly of large items, including, but not limited to, swing sets and metal sheds. The Contractor shall specify if it is necessary for bulk waste furniture to be wrapped.
2 Yard Waste. Contractor shall provide curbside collection of Yard Waste in accordance with the following specifications.
4.3.5.1 Yard Waste Collection. Residents shall be permitted to include yard waste in their regular trash containers. Residents are required to prepare their yard waste in a manner prescribed by the Contractor.
4.3.6 Reports. Within thirty (30) days following the close of the calendar month that includes the Commencement Date, and within thirty (30) days of the close of each calendar month thereafter during the term of this Agreement, the Contractor shall furnish to the contract Administrator a report for the calendar month containing the following information: (i) the number of tons of material collected from all Residential Customers within the political boundaries of the City differentiated by type of material (e.g., Disposable Solid Waste, Recyclables, Yard Waste and Bulk Waste); and (ii) the number of tons of Disposable Solid Waste disposed or processed at the County’s Solid Waste Disposal Facilities. Throughout the term of this Agreement and for a period of no less than on (1) year thereafter, Contractor shall retain all original records showing the waste tonnage disposed by Contractor under this Agreement at the County’s Solid Waste Disposal Facilities (e.g., slips showing weight of waste per truck load).
4.3.7 Municipal Service. At no additional cost to the City, Contractor shall collect on a weekly basis, or as requested by the City of Riverside, all Disposable Solid Waste, Recyclables, Yard Waste, and Bulk Waste from offices and other facilities (hereinafter” government facilities”) of the City, as specified below and as may from time-to-time change. The City reserves the right to add facilities. For purposes of such collection, Contractor shall at its own expense furnish to each such government facility dumpsters or containers. Current dumpster/container size is noted below but can be changed by mutual agreement between Contractor and the City. Contractor shall maintain such dumpsters or containers in good mechanical and sanitary condition, and the dumpsters shall remain the property of Contractor. The following is the list of such government facilities and the type of service required as of the effective date of this Agreement.
|Facility Description |Size |Frequency |
|Riverside Municipal/Safety/Service |Five (5) 300 gallon containers |twice weekly |
|Buildings |(equivalent to approximately one 9 yard dumpster) | |
|Fire Station 5 |One (1) 300 gallon container (equivalent to approximately one |Weekly |
| |2 yard dumpster) | |
|Fire Station 6 |One (1) 300 gallon container (equivalent to approximately one |Weekly |
| |2 yard dumpster) | |
|Shellabarger Park |Two (2) 300 gallon containers (equivalent to approximately one|Weekly |
| |3 yard dumpster) | |
|Community Park |Six (6) 300 gallon containers (equivalent to approximately one|Weekly |
| |10 yard dumpster) | |
|Rohrer Park |Six (6) 300 gallon containers (equivalent to approximately one|Weekly |
| |10 yard dumpster) | |
|Wright Point Office Park |One (1) 10 yard dumpster |Twice Weekly |
|(5100 and 5200 Springfield Street. | | |
|Must use enclosure and close | | |
|enclosure. | | |
|Community Clean-Up (one day in |Not to exceed Fifteen (15) 30-yard dumpsters |Dumpsters must be delivered in the morning and removed by the |
|April and one day in September-City| |end of the day. Additional dumpsters will be delivered as |
|will provide dates annually) | |needed during the event. The provider and the City will |
| | |coordinate the time and number of dumpsters needed prior to |
| | |the event. |
|Bus Shelters |City provides container-contractor to empty and change out |14 locations: |
| |bags. |AIRWAY RD @ WOODMAN |
| | |AIRWAY RD @ WOODMAN |
| | |AIRWAY RD @ HAYDEN AV |
| | |AIRWAY RD @ WOODMAN |
| | |LINDEN AVE @ WOODMAN AVE |
| | |LINDEN AVE @ CARROLL SCHOOL |
| | |SPINNING RD @ 700 SPINNING RD |
| | |SPINNING RD @ 635 SPINNING RD |
| | |LINDEN AV @ 4514 LINDEN AV |
| | |WOODMAN DR @ EASTMAN AVE |
| | |HARSHMAN RD @ BEATRICE DR |
| | |HARSHMAN RD @ VALLEY ST |
| | |Northbound |
| | |HARSHMAN RD @ VALLEY ST |
| | |Southbound |
| | |HARSHMAN RD @ AMSTON DR |
4.3.8 Equipment. Any equipment Contractor furnishes to City shall remain Contractor’s property. City shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Contractor’s handling of the equipment). City shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment. City shall provide safe, unobstructed access to the equipment on the scheduled collection day.
4.3.9 Right of Refusal. “If Unacceptable Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire bin, container, bag or bundle of waste. In such situations, Contractor shall contact the City and the City shall undertake appropriate action to ensure that such Unacceptable Waste is removed and properly disposed of. If any Unacceptable Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove transport and dispose of such Unacceptable Waste at a location authorized to accept such Unacceptable Waste in accordance with all applicable laws. The City shall provide all reasonable assistance to Contractor to investigate and determine the identity of the depositor or generator of the Unacceptable Waste and to collect from the generator the costs incurred by Contractor in connection with such Unacceptable Waste. Subject to the City’s providing all such reasonable assistance to Contractor, Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Unacceptable Waste, except to the extent that such Unacceptable Waste is determined to be attributed to the City.
4.3.10 Title. Contractor shall acquire title to the Waste material when it is loaded into Contractor’s truck. Title to and liability for any Unacceptable Waste shall at no time pass to Contractor.
4.4 Hours and Days of Collection
7 Scheduling. Except where otherwise specifically provided in this Agreement, collection of Disposable Solid Waste and Recyclables shall be performed only during the following days and hours:
Days: Monday through Friday
Hours: Between 7:00 a.m. and 5:00 p.m.
Each Residential Customer and Government Facility shall receive collection service no less frequently than once per week for solid waste disposal and yard waste, twice monthly for bulk waste (or as otherwise specified in the Bid Response Form) and weekly for recycling on a pre-specified day or days that remains constant from week-to-week (“Pre-specified Schedule”). Contractor shall provide written notice of the Pre-specified Schedule to all Residential Customers and all Government Facilities. In the event a collection day falls on a legal holiday that is also a holiday for Contractor’s employees, collection shall be made the following day (including Saturday) that is not a legal holiday. Prior to the Commencement Date and immediately prior to each annual anniversary thereof, Contractor shall provide all Residential Customers and all Government Facilities with the holiday schedule for the next twelve (12) months (or the remaining term hereof if this Agreement will terminate in less than twelve months).
4.4.2 Routes. Twenty-one (21) days prior to the Commencement Date, Contractor shall submit to the Contract Administrator a detailed route map and Pre-specified Schedule for review and approval. The Pre-specified Schedule shall identify the weekday and approximate time (e.g., “between 7:00 a.m. and 11:00 a.m.”) that all Residential Customers located within the City will receive collection service.
4.4.3 Scheduling Changes. Contractor shall not change the Pre-specified Schedule without first obtaining, in writing, the approval by the Contract Administrator of the proposed schedule and how Contractor shall inform all affected Residential Customers and Government Facilities of the change.
4.4.4 Missed Collection. If, due to the fault of the Contractor, a regularly scheduled collection is missed, and a complaint is registered by the customer, the Contractor shall provide a special collection, at no charge, within one (1) working day of the day the missed collection was brought to the Contractor’s attention.
4.5 Approved Disposal and Processing Facilities
4.5.1 Contractor shall dispose of all Disposable Solid Waste collected under this Agreement, including Bulk Waste and Recyclables and Yard Waste, at an Approved Disposal or Processing Facility, as indicated on a list of facilities that will be provided to the Contractor by the City. The County will prepare and may from time-to-time modify that list of approved facilities. In its discretion, the City may, consistent with the County’s requirements, instruct Contractor to discontinue use of any such facility and Contractor shall immediately comply.
4.5.2 Contractor shall comply with all laws, rules and regulations of the State of Ohio, the County and the Montgomery County Garbage and Refuse Disposal District applicable to any Approved Disposal or Processing Facility. Violation of any such laws, rules or regulations by the Contractor is a material breach of this Agreement.
4.6 Equipment
4.6.1 For collection of Residential Waste under this Agreement, Contractor shall use only vehicles which meet the standards of the County Combined Health District and all, local, State and Federal laws and regulations.
4.6.2 All collection vehicles shall be maintained in good mechanical condition and working order and in a clean, sanitary and safe condition that insures proper operation pursuant to all applicable health and safety standards. Contractor shall maintain enough trucks and other equipment as necessary to provide for the efficient and timely completion of collection routes in the City, including enough backup vehicles in the event of mechanical breakdown or other unavailability. Contractor shall regularly provide thorough cleaning of collection vehicles.
4.6.3 All collection vehicles must display prominently, on both sides of each vehicle, Contractor’s name, a unique vehicle number, and the telephone number of Contractor’s local office.
4.6.4 The contractor will provide a brief description of all vehicles and distinguishing equipment used to provide the services described in their proposal
4.6.5 The City has the right to inspect all equipment used in the performance of this Agreement. Such inspection shall be permitted immediately upon the request of the Contract Administrator and without any requirement for notice.
4.7 Employees
4.7.1 Contractor’s employees are subject solely to the control of Contractor and are not subject to the control of the City.
4.7.2 In the course of performance under this Agreement, Contractor will prohibit its employees from using improper or abusive language, engaging in unacceptable or improper conduct, being discourteous or otherwise violate any laws or regulations affecting work hereunder. Contractor will instruct its employees concerning these prohibitions. If the Contractor Administrator reports to Contractor that any of Contractor’s employees is performing work under this Agreement in a manner that is discourteous or damaging to the image of Contractor of the City, Contractor shall investigate and report and, if the report is found to be substantiated, remove the employee from further duty on any collection routes under this Agreement.
4.7.3 Contractor shall require that its employees wear uniforms identifying them as employees of the Contractor. Contractor’s employees will wear shirts at all times during performance of services under this Agreement.
4.7.4 Contractor shall establish and enforce among all employees and agents performing services hereunder such operational standards and practices as will prevent or minimize the inception and spread of infection or contagious disease and prevent the creation of a nuisance on any public or private property.
4.7.5 Contractor will maintain sufficient personnel and make assignments to collection routes in order to assure that, to the extent reasonably feasible, collection will be conducted by employees experienced with each route.
5. COMPENSATION AND PAYMENTS
5.1 Contractor Compensation. During the Initial Term and any Renewal Term, the Contractor and the City agree that the Contractor shall bill the residential customer on a quarterly basis. The amount due will be based upon the unit prices specified in the bid response forms. The unit price includes all costs of disposal, including, but not limited to, tipping fees and any increases thereto. Invoices to the City, when applicable, shall be due at the end of the third month in each quarter.
5.2 Tipping Fees. The Contractor is responsible for all fees required to be paid to the County for disposal, including, but not limited to, tipping fees. The Contractor and the City each reserve the right to negotiate in good faith amendments to this Agreement necessitated by increases or decreases in disposal costs, state or local government fees, or other uncontrollable operational cost increases. Any such amendment shall be reduced to writing, make reference to this Agreement, be executed by an authorized representative of the Contractor and the City, and, if necessary, be approved by the Riverside City Council.
5.3 Termination due to nonpayment by residential customer
In the event of non-payment by a Residential Customer, Contractor shall notify City of termination or suspension of the Residential Customer’s service in advance of said termination or suspension. If Contractor suspends or terminates service to a Residential Customer, it shall provide written notice to the Residential Customer of its delinquency prior to suspending or terminating service. Contractor reserves the right to charge Residential Customers a reasonable late payment fee, a reasonable service interruption fee or a reasonable re-connect fee.
5.4 Other Matters
The Contractor shall maintain records regarding service to all Residential Customers, including but not limited to billing records, separately from Contractor’s other records. The Contract Administrator shall have the right to inspect and copy such records during Contractor’s regular business hours.
6. TERM OF AGREEMENT, TERMINATION AND REMEDIES
6.1 Term. The initial term hereof is five (5) years, which term shall commence January 1, 2021 and end December 31, 2025 (“the Termination Date”). Upon agreement of the City and Contractor, this Agreement may be extended for up to three (3) additional one (1)-year periods, each subject to price renegotiation to be completed no later than ninety (90) days prior to the commencement of the applicable extension period.
6.2 Termination for Default
6.2.1 Events of Default. Without prejudice to the right of the City to terminate this Agreement for material breaches not enumerated herein, the following shall constitute events of default entitling the City to terminate for cause:
a) Contractor’s bankruptcy, receivership or trusteeship.
b) Contractor’s assignment of this Agreement or employment of a subcontractor without the approval of the City for performance hereunder.
c) During performance hereunder, Contractor without the express written approval of the City combines waste collected from Residential Customers within the City with waste collected from any other source.
d) Contractor’s failure to carry the insurance and bond required hereunder.
e) Contractor’s failure to dispose/process all Disposable Solid Waste and Recyclables collected under this Agreement at an Approved Disposal or Processing Facility.
f) Failure by Contractor to adhere to all requirements of this Agreement regarding the proper operation of collection vehicles and training and licensing of collection vehicle drivers.
g) A labor strike, job action and/or lockout that prevents Contractor’s performance of its obligations under this Agreement.
6.2.2 Interruption in Service. In the event that collection service under this Agreement is interrupted to Residential Customers for more than three (3) consecutive dates for which such collection is scheduled, considering all Residential Customers as a whole rather than based on service to any particular Residential Customers, the City may terminate this Agreement forthwith and obtain remedies for non-performance.
6.2.3 Substitute Performance. In the event that Contractor defaults or neglects to perform collections in an orderly manner as specified herein, or at the scheduled time for collections, or otherwise fails to perform any other obligation hereunder, and provided such failure is not due to an event of Force Majeure as defined herein, the City may, at its option, arrange for substitute performance and Contractor shall be responsible for any costs incurred by the City in obtaining and utilizing such substitute services. In addition, in the circumstances described in the previous sentence the City may, upon five (5) days written notice to Contractor and the issuer of the performance bond described in Section 8.8 hereof, require immediate payment of all amounts due under such performance bond in accordance with its terms.
6.3 Force Majeure. If Contractor believes that it is being or will be prevented or hindered in the performance of any of the terms, covenants or conditions of this Agreement by reasons beyond its control, including without limitation fire, flood, riot, military or usurped power, sabotage, any action taken by any governmental authority (which without fault on the part of Contractor prevents or hinders the performance by Contractor of its obligations hereunder), or an act of God (whether similar or dissimilar to the matters enumerated in this Section), the Contractor, by written notice to the Contract Administrator, may declare an event of Force Majeure, and to the extent and for the period that performance hereunder is prevented or hindered by such condition or event, Contractor shall be excused from performance of such term, covenant or condition. In the event of such excused non-performance, Contractor will promptly notify the Contract Administrator of the services it cannot perform, but nonetheless will use its best efforts to conform as closely as reasonably possible to the specifications hereunder. Should an event of Force Majeure occur, the City shall have the right, following written notice to Contractor, to obtain substitute performance and other measures to remedy Contractor’s delays in performance or any other departure from the terms of this Agreement. Labor strike, job action, and/or lockout, or failures of equipment or materials, or by suppliers are not events of Force Majeure. Contractor’s declaration of an event of Force Majeure is not binding on the City, and the provisions of Section 13 of this Agreement will govern resolution of a dispute regarding the existence of an event of Force Majeure.
6.4 Liquidated Damages. The parties agree that in the event Contractor breaches the requirements herein regarding disposal of all Disposable Solid Waste subject to this Agreement at an Approved Disposal Facility, the amount of actual damages to the City will be difficult to measure. For each month in which such a breach occurs Contractor will pay to the City the following stipulated amount of damages in lieu of calculating actual damages and not as a penalty: three thousand, five hundred dollars ($3,500.00) and the reasonable attorneys’ fees and expenses that the City may incur as a consequence of such breach.
6.5 Non-Exclusive Remedies. Remedies for breach of this Agreement are all non-exclusive remedies, and reliance by the City on a given remedy is without prejudice to the availability to the City of other remedies at law or in equity.
7. CONTRACTOR INDEMNIFICATION OF THE CITY
7.1 Contractor shall protect, indemnify, and hold harmless the City and its officers, officials, residents, employees, agents and invitees (“City Indemnified Parties”) from and against all civil liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys’ fees, whether arising at law or in equity, and shall defend the City Indemnified Parties in any suit, including appeals, for personal injury to and death of any person or persons or for the loss or damage to property, arising out of (i) the performance (or non-performance) of Contractor’s obligations under this Agreement, (ii) Contractor’s failure to conduct its operations in accordance with applicable law or this Agreement, or (iii) any other action or conduct by Contractor, whether negligent or otherwise, in the performance of this Agreement. Contractor is not required to reimburse or indemnify any City Indemnified Party for loss or claim due to the negligence or willful misconduct of such City Indemnified Party except to the extent that such loss or claim also results from the negligence or willful acts or omissions of Contractor. In the event of litigation arising by reason of the actions of the Contractor in performing services under this Agreement, the City reserves the right to select counsel for the defense of any City Indemnified Party in any negotiations or trial of lawsuits or settlement thereof and the cost of the same shall be paid by Contractor.
8. INSURANCE AND PERFORMANCE BOND
8.1 Insurance to be Carried by Contractor. During the Term of this Agreement and any renewals or extensions thereof, Contractor shall maintain or cause to be maintained in full force and effect, at Contractor’s expense, worker’s compensation insurance, public liability and property damage insurance, and other insurance with at least the minimum amounts of coverage described below to cover performance of this Agreement. Deductibles are not to exceed Ten Thousand Dollars ($10,000.00). Such policies are to be in the broadest form available on usual commercial terms and shall be written by insurers of recognized financial standing authorized to do business in the State of Ohio. Property and casualty insurance shall be rated at a level acceptable to the City. 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 its protection in the performance of its obligations under this Agreement.
8.2 Coverage. The types and minimum limits of coverage to be provided are as follows:
a) Worker’s Compensation – Statutory amounts; before commencing work under this Agreement, Contractor must provide the Contract Administrator with satisfactory documentation of such insurance. Contractor shall make all premium payments timely so as to maintain such protection in full force and effect during the term of this Agreement.
b) Commercial General Liability-Bodily and Property Damage – Bodily injury including wrongful death in an amount not less than One Million Dollars ($1,000,000.00) for each person and Three Million Dollars ($3,000,000.00) for each occurrence.
c) Comprehensive Commercial Automobile Liability-Bodily and Property Damage – Bodily injury including wrongful death in an amount not less than One Million Dollars ($1,000,000.00) for each person and Three Million Dollars ($3,000,000.00) for each occurrence, and property damage in an amount not less than Five Hundred Thousand Dollars ($500,000.00) for each occurrence.
d) Contractual Liability Insurance – Three Million Dollars ($3,000,000.00)
8.3 Named Insureds. Each insurance policy, except the worker’s compensation policy, shall include the City as a named additional insured with the understanding that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be obligations solely of Contractor and not of the City.
8.4 Cancellation or Modification. Each insurance policy shall provide that: (1) it may not be canceled, suspended or modified (including, without limitation, elimination of the City as a named insured) until at least fifteen (15) days after the Contract Administrator’s receipt, by registered mail, return receipt requested, of advance written notice of cancellation; and (2) that the insurance shall be primary without right of contribution of any other insurance carried by or on behalf of the City.
8.5 Certificates. Certificates of insurance in forms satisfactory to the City evidencing compliance with the above requirements shall be furnished to the Contract Administrator prior to the Commencement Date and on each annual anniversary of the Commencement Date during the term of this Agreement.
8.6 Waiver. Contractor hereby irrevocably waives all claims against the City for any damage to or loss of property or injury or death to persons resulting from risks insurable under the insurance described above.
8.7 Independent Requirements. The insurance coverage required hereunder is an independent requirement of this Agreement and compliance therewith does not limit in any way the Contractor’s obligations under Section 7.1 hereof or otherwise.
8.8 Performance Bond. As further security for the rights of the City under this Agreement, and without limiting the indemnification provisions hereof, Contractor shall post a performance bond in favor of the City in the minimum amount of $100,000; indemnifying the City against any and all losses or expenses incurred by the City by reason of Contractor’s failure to perform fully and completely all of its obligations under this Agreement. Such bond shall provide coverage for the term of this Agreement. Alternatively, if the bond has an initial term of less than the term of this Agreement, it will be renewed annually at least ninety (90) days prior to expiration of the then-current term of the bond to afford coverage to the City for the entire term of this Agreement or any renewals or extensions thereof. Such bond shall be issued by underwriters of recognized financial standing authorized to do business in the State of Ohio.
9. COMPLIANCE WITH LAW
9.1 Duty to be informed. Contractor and its employees and agents shall be adequately informed of all laws, ordinances, regulations and judicial rulings affecting in any manner performance of Contractor’s obligations under this Agreement. Contractor shall cause its agents and employees to observe and comply with all such laws, ordinances, regulations and judicial rulings.
9.2 Compliance With Employment Law. Without limiting the generality of the foregoing, Contractor shall comply with all federal, state and local laws concerning employment, including but not limited to laws concerning pay standards, health and safety, as well as all laws prohibiting discrimination in employment due to race, color, religion, gender, national origin, age, disability or status as a Vietnam-era or special disabled veteran, or any other basis provided by law.
10. CUSTOMER RELATIONS
10.1 Local Office. Contractor shall maintain an office or such other facilities through which it can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. on regular collection days. Telephone calls to the Contractor’s office must be toll free from any location within the political boundaries of the City.
10.2 Written Notification. Within fifteen (15) days of the Commencement Date and upon each annual anniversary thereof during the term of this Agreement, Contractor will deliver to the City, a written statement containing the following:
a) The Contractor’s name, address, local telephone number, schedule when Contractor’s office is staffed, and notification that messages can be received by the Contractor, as well as the method for doing so, when the office is closed.
b) A description of the Disposable Waste and other materials collected under this Agreement, including examples of acceptable and unacceptable waste.
c) The Pre-specified Schedule for the subject Residential Customers, including a list of holidays.
d) All standards applicable to collection, e.g., acceptable Containers and proper placement of Containers.
e) Procedures for submission of complaints.
10.3 Response to Complaints. The Contract Administrator shall promptly notify Contractor of each complaint communicated to the Contract Administrator regarding service under this Agreement. The Contractor shall respond to such complaints, as well as complaints submitted directly to Contractor by the Residential Customers. On a daily basis, Contractor shall inform the Contract Administrator of all complaints received by Contractor the previous business day (including copies of written complaints) and the disposition thereof. Failure of the Contract Administrator to submit any complaint to Contractor for further action shall not constitute a waiver of any rights under this Agreement.
11. NOTICES, DELEGATION AND APPROVALS
11.1 Method of Notification. Unless otherwise specified herein, whenever notice is required regarding performance of the parties’ obligations under this Agreement, such notice must be delivered by hand, overnight courier, or first-class mail to the parties’ respective representatives at the following addresses:
For the City of Riverside: C. Mark Carpenter
City Manager
City of Riverside
5200 Springfield Street
Riverside, Ohio 45431
(937) 233-1801
Citymanager@
For the Contractor: _____________________________________________
_____________________________________________
_____________________________________________
( ) - Telephone
11.2 Approvals. Unless otherwise specified, whenever a matter arising under this Agreement requires the approval of or other action by the City, such approval or other action shall be confirmed in a written instrument signed by the Contract Administrator.
12. INDEPENDENT CONTRACTOR
12.1 Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the services performed hereunder and all persons performing same. Contractor shall be solely responsible for acts and omissions of its officers, agents, employees and subcontractors (if any). Nothing herein shall be construed as creating a partnership or joint enterprise between the City, on the one hand, and the Contractor, on the other.
13. RESOLUTION OF DISPUTES; CHOICE OF FORUM AND LAW
13.1 In the event of any controversy or claim between the City and the Contractor arising out of or relating to this Agreement or the breach thereof, representatives of the City and Contractor authorized to settle the dispute shall, within five business days following written notice of the controversy or claim, meet in person and make a good faith effort to negotiate a settlement of such dispute. This provision is without prejudice to the right of the City to avail itself immediately of any remedy which, in its sole discretion, the City deems appropriate to cure a material breach of this Agreement and which is available to the City under the terms hereof and the laws of the State of Ohio, including but not limited to obtaining substitute performance.
13.2 If the parties are unable to resolve a dispute or controversy between them, prior to instituting any further action or demanding arbitration, the parties shall attempt in good faith to settle the dispute by non-binging mediation. All mediation proceedings shall take place in Montgomery County, Ohio.
13.3 In the event of litigation concerning any dispute that arises out of or relates to this Agreement or the breach thereof, whether arising at law or in equity, whether based upon statutory law or common law, and whether sounding in contract, tort or otherwise, such litigation shall be brought and conducted exclusively in a court of the State of Ohio in Montgomery County, Ohio.
13.4 This Agreement shall be governed, construed and interpreted, and any controversy or claim that arises out of or relates to this Agreement shall be determined, in accordance with the laws of the State of Ohio, excluding any such law relating to choice of law.
14. LICENSES, PERMITS AND FEES
14.1 Contractor will obtain and pay for all licenses, permits, certificates, inspections and all other fees required by applicable law or otherwise necessary to perform the services prescribed hereunder.
15. non-assignment; non-subcontract
15.1 Contractor shall not assign, transfer, subcontract, sublet, convey or otherwise alienate any of its obligations, rights, title or interest in or to this Agreement without the prior written consent of the City, which the City may grant or withhold in its sole discretion. Any approved subcontracting will not relieve Contractor of its obligations under this Agreement.
16. AMENDMENT OF AGREEMENT
16.1 No amendment of this Agreement may occur without the written consent of the parties hereto.
17. INTEGRATED AGREEMENT
17.1 This Agreement contains the entire agreement of the parties pertaining to the subject matter.
FOR THE CITY OF RIVERSIDE FOR THE CONTRACTOR
City Manager Date Title: Date
____________________________________
City Law Director Date
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
CHECKLIST OF REQUIRED DOCUMENTS FOR EACH BID
RESIDENTIAL SOLID WASTE COLLECTION SERVICE
The following checklist is provided to ensure the minimum requirements are met when submitting a bid for the City of Riverside. Please return these items in the order of which they are listed.
|1 | |Bid Bond, Certified Check or Cashier's Check |
|2 | |Statement of Qualifications |
|3 | |References |
|4 | |Bid Response Form |
|5 | |Delinquent Personal Property Tax Affidavit |
|6 | |Non-Collusion Affidavit |
|7 | |Signed W-9 |
|8 | |Copy of Worker's Compensation Insurance Policy |
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
BIDDER’S STATEMENT OF QUALIFICATIONS
RESIDENTIAL SOLID WASTE COLLECTION SERVICE
This Bidder’s Statement of Qualifications is to be executed and submitted together with the accompanying Bid Response Form.
1. The bidder maintains a permanent place of business in Montgomery County, Ohio or the immediate vicinity at the following address: _________________________________________
2. The following office, plant, and equipment will be made available to provide service under this proposal: _____________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. The bidder’s financial position (at close of business on _______________, 2019) was as follows (certified financial statements may be submitted in lieu of the following):
ASSETS:
a. Cash in bank deposits and on hand $_________________
b. Receivables notes and similar assets $_________________
c. Stocks and bonds $_________________
d. Real estate, furniture, fixtures,
e. materials and supplies $_________________
f. Equipment $_________________
g. Other assets (list) $_________________
TOTAL ASSETS $_________________
LIABILITIES
a. Notes payable, accounts payable,
Accrued interest and unsecured loans $________________
b. Mortgages or other secured debt $________________
c. Capital stock paid up (all classes) $________________
TOTAL LIABILITIES $________________
In addition to the foregoing, a certified financial statement will be furnished if required.
4. If the undersigned is awarded the Residential Solid Waste Collection Service Agreement (“Service Agreement”), the required performance bond will be furnished by:
_____________________________________________________________________________
Name of bonding (or surety) company
Acknowledged: _____________________________________________
As agent for the above-named surety company
5. (a) Attach a statement describing the bidder’s experience in providing waste collection services like the services that bidder proposes to provide to the City of Riverside, Montgomery County, Ohio (“the City”). The statement should include a description of experience providing recycling services of the type specified in the Service Agreement. The statement should also specify the annualized dollar value (gross revenue) the bidder derives under each agreement (preferably agreements with Ohio communities) pursuant to which the bidder provides similar services and which have an initial term of one (1) year or more (also indicate the unit of local government to which the services are provided; no more than ten (10) examples should be provided).
(b) Attach a statement regarding recycling, including a proposal for an incentive program for the City’s improvement of the overall diversion of recyclables from the waste stream, additional recycling services to be provided beyond the specified minimum level of service required by the Service Agreement (e.g., additional materials to be accepted for recycling, educational efforts to encourage recycling, etc.), and other matters which the bidder considers appropriate to address. Additionally, as part of the required Statement of Qualifications, each bidder shall describe its experience in providing recycling services such as those called for by the Service Agreement.
6. If bidder is a partnership, provide the names of all partners: _____________________
___________________________________________________________________________
7. If bidder is a corporation, identify its state of incorporation: _______________________
_____________________________________________________________________________
8. List the names and addresses of all persons, firms and corporations, other than the bidder, interested in the above bid: _______________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Bidder hereby acknowledges the right of the City to investigate the financial standing and ability of the bidder to perform the Service Agreement, and bidder agrees to furnish all information requested by the City as necessary to complete such investigation.
Submitted by:
___________________________________
Name of Bidder
By: ________________________________
Title: ______________________________
Date: ______________________________
Telephone: __________________________
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
REFERENCES
RESIDENTIAL SOLID WASTE COLLECTION SERVICE
MUNICIPAL REFERENCES
|1 | | | |
| |Name |Number |Email |
| | | | |
|2 | | | |
| |Name |Number |Email |
| | | | |
|3 | | | |
| |Name |Number |Email |
| | | | |
|4 | | | |
| |Name |Number |Email |
BANK REFERENCES
| | | | |
|1 | | | |
| |Name |Address |City, State Zip |
| | | | |
|2 | | | |
| |Name |Address |City, State Zip |
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
BID RESPONSE FORM
RESIDENTIAL SOLID WASTE COLLECTION SERVICE
TO: C. Mark Carpenter
City Manager
City of Riverside
5200 Springfield Street
Riverside, Ohio 45431
DATED:
The undersigned, having full knowledge of the terms of the agreement entitled “Residential Solid Waste Collection Service Agreement” (“Service Agreement”), which forms an integral part of the bid solicitation to which the undersigned is responding, and the accompanying Instructions to Bidders issued by the City of Riverside, Montgomery County, Ohio (“the City”), and having become familiar with all conditions affecting these matters, hereby proposes to furnish all materials, labor, equipment, bonds and insurance necessary to collect and dispose of all residential trash, rubbish and similar wastes and recyclables, as specified in the Service Agreement, within the political boundaries of the City, said service to be performed for a period of five (5) years beginning January 1, 2021 and ending December 31, 2025, in accordance with the following:
________________________________________
Signature
Exhibit A; Alternate 1:
| |Quarterly Price per Residential |Contractor can provide a smaller |TOTAL Quarterly Cost per |Quarterly price for residential |Quarterly Cost per residential |
| |Customer for Weekly Unlimited |(32 gallon) or larger (96 gallon) |residential customer |customer to rent a minimum of 32, |customer for billing and fee |
| |Curbside Pickup of Disposable |recycling container at the request| |64- or 96-gallon container for |collection |
| |Solid Waste, Bulk Waste and Yard|of the customer (check if yes) | |Disposable Solid Waste | |
| |Waste; AND Weekly Unlimited | | | | |
| |Curbside Pickup of Recycling | | | | |
| |(contractor to provide default | | | | |
| |64-gallon container) | | | | |
|Year 1: January 1, 2021 to | | | | | |
|December 31, 2021 | | | | | |
|Year 2: January 1, 2022 to | | | | | |
|December 31, 2022 | | | | | |
|Year 3: January 1, 2023 to | | | | | |
|December 31, 2023 | | | | | |
|Year 4: January 1, 2024 to | | | | | |
|December 31, 2024 | | | | | |
|Year 5: January 1, 2025 to | | | | | |
|December 31, 2025 | | | | | |
Bulk Waste Collection:
Alternate 1: All residential customers are entitled to twice monthly unlimited Bulk Waste Pick up. Residential Customers will not be assessed an additional charge for Bulk Waste Collection.
Alternate 2: All residential customers are entitled to twice monthly limited (1 item per collection) Bulk Waste Pick up. Residential Customers will be required to pay an additional charge for additional Bulk Waste items.
Other Matters:
A. If the undersigned bidder’s proposal is accepted, it agrees to execute, within ten (10) days after “Notice of Award”, the accompanying Service Agreement, which is an integral part of this bid solicitation. Bidder will simultaneously post a performance (surety) bond in the minimum amount of $100,000 to secure faithful performance hereunder, said bond to be issued by a responsible surety company acceptable to the City and furnished for the five (5) year term of the Service Agreement. In the event of a breach of the Service Agreement, said bond shall be forfeited as liquidated damages.
B. The undersigned hereby certifies that no person interested in this proposal is directly or indirectly interested in or connected with any other bid or proposal for the subject services and no person in the employ of the City is directly or indirectly interested in this proposal, or in any portion thereof, and as evidence of the absence of such an interest, the bidder will, if requested by the City, execute any non-collusion affidavits which the City submits to the bidder for that purpose.
C. A bid bond or certified check in the amount of five (5) percent of the total bid must accompany this proposal and the undersigned agrees that should it, after Notice of Award, fail to execute the Service Agreement and submit the required performance bond as aforesaid, the bid bond or certified check accompanying this proposal shall be forfeited to the City as liquidated damages caused by such failure.
D. Should the bidder wish to propose pricing for one or all the alternates for an additional three years (January 1, 2026-December 31, 2026; January 1, 2027-December 31, 2027; January 1, 2028-December 2028) please attach to this proposal. The City will consider these proposals in determining the lowest, best and most responsive bidder.
Signed at ___________________________________, this _______ day of ____________, 2020.
BIDDER TELEPHONE NUMBER
ADDRESS
BY:
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
Delinquent Personal Property Tax Affidavit
RESIDENTIAL SOLID WASTE COLLECTION SERVICE
STATE OF OHIO }
} :SS
COUNTY OF ___________________ }
The undersigned individual, an authorized representative of the identified company, having been first duly cautioned and sworn, alleges and states that the successful bidder on the attached contract with the City of Riverside for said contract and for the purpose of complying with Section 5719.042 of the Ohio Revised Code, states that at the time of the bid for said contract was submitted, said bidder was / was not (circle one) charged with delinquent property taxes on the General Tax List of personal property of a county in which the City of Riverside has territory (presently Montgomery County). The amount of such due and unpaid delinquent taxes, penalties and interest thereon is as follows:
Taxes Penalties & Interest County
$______________ $_________________ ___________________
$______________ $_________________ ___________________
$______________ $_________________ ___________________
$______________ $_________________ ___________________
| | | |
|Company |Project Name |
| | | |
|Signature |Print Name |Date |
Sworn to and subscribed before me this _____________ day of _____________________, 20______
_________________________________________ _________________________________________
Notary Public County
My commission expires: ____________________
CITY OF RIVERSIDE
MONTGOMERY COUNTY, OHIO
NON-COLLUSION AFFIDAVIT
RESIDENTIAL SOLID WASTE COLLECTION SERVICE
STATE OF OHIO }
} :SS
COUNTY OF ___________________ }
The undersigned individual, an authorized representative of the identified company, having been first duly cautioned and sworn, alleges and states that all statements of fact in such bid are true; that such bid was not made in the interest of or on behalf of any undisclosed person, partnership, company, associate, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly, by agreement, communication or conference with anyone attempting to induce action prejudicial to the interests of the public body which is to award the contract, or of any other bidder or anyone else interested in the proposed contract; and further, that prior to the public opening and reading of bids, said bidder,
a) did not directly or indirectly, induce or solicit anyone else to submit a false bid;
b) did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw his bid;
c) did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix the bid price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of the bid price, or that of anyone else;
d) did not, directly or indirectly, submit the bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership of other financial interest with said bidder; and
e) did not include in the bid price any fees, dues, charges, or assessments because bidder was required to do so by reason of bidder’s membership in or affiliation with any association, organization, corporation, partnership, company, individual or group of individuals, or because of any agreement or understanding with anyone that bidder would do so.
| | | |
|Company |Project Name |
| | | |
|Signature |Print Name |Date |
Sworn to and subscribed before me this _____________ day of _____________________, 20______
_________________________________________ _________________________________________
Notary Public County
My commission expires: ____________________
................
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