SECTION 2

ADDITIONAL/SPECIAL TERMS AND CONDITIONS

2.1 PURPOSE

The purpose of this Solicitation is to establish Contract(s) for the provision of Garbage Collection and Disposal Services at various locations throughout Miami-Dade County (County). The required services include the collection, transportation, and lawful disposal of municipal solid waste and other designated waste streams from County facilities and properties, utilizing the container types, equipment, and service frequencies specified herein. Service locations include, but are not limited to, County-owned office buildings, correctional facilities, parks, residential properties, public facilities, and other County-operated sites. The Solicitation also includes specialized services, such as wet screen hauling and disposal of sewage-contaminated materials (including rags, wood, tree branches, and similar debris), as more specifically described in this Solicitation and Attachment A, Current Service Locations and Pickup Requirements.

2.2 TERM

The term of the Contract(s) shall commence on the first calendar day of the month succeeding approval of the Contract(s) by the Board of County Commissioners (Board), or designee, unless otherwise stipulated in writing by the County. The Contract(s) shall expire on the last day of the thirty-sixth (36th) month.

2.3 METHOD OF AWARD

Award of the Contract(s) will be made to the lowest priced responsive, responsible Bidder on an item-by-item basis for every location included in the Solicitation. Bidders may Bid on any or all items listed in the Solicitation. Items that will be provided to the County at no cost must show a zero (0) in the price line. Where a line item includes more than one required service level or facility, Bidders shall provide pricing for all required service levels and facilities associated with that line item. Failure to do so shall render the Bid non-responsive for that line item. The County further reserves the right to reject any or all Bids, in whole or in part, including any individual line item, or the entire Solicitation, in accordance with applicable law and the terms of this Solicitation.

The line-item locations are organized into the following departmental groups for informational purposes only:

• Group 1: People and Internal Operations (PIOD)

• Group 2: Miami-Dade Corrections and Rehabilitation Department (MDCR)

• Group 3: Seaport Department (PortMiami)

• Group 4: Animal Services Department (ASD)

• Group 5: Department of Transportation and Public Works (DTPW)

• Group 6: Cultural Affairs Department (CUA)

• Group 7: Parks, Recreation and Open Spaces Department (PROS)

• Group 8: Housing and Community Development Department (HCD)

• Group 9: Water and Sewer Department (WASD)

• Group 10: Wet Screen Hauling for WASD

• Group 11: Community Services Department (CSD)

• Group 12: Optional Services and Miscellaneous Items

2.4 BIDDER REQUIREMENTS

In addition to the requirements detailed in Section 1-General Terms and Conditions, Paragraph 1.2, Instructions to Bidders, the Bidder shall meet the following requirements to be considered for award:

2.4.1 Bidder or Bidder’s Subcontractor shall be regularly engaged in the business of providing garbage collection, transportation, and lawful disposal services to government agencies and/or private businesses. To demonstrate compliance with this requirement, the Bidder or Bidder’s Subcontractor shall provide three (3) different references from customers to whom the Bidder or Bidder’s Subcontractor has successfully provided, or is currently providing, services similar in scope to those described throughout this Solicitation. In lieu of the references from the Bidder or Bidder’s Subcontractor, the County will consider the references from Bidder’s key personnel in accordance with Resolution No. 1122-21. The references should include the customer’s company name, and the contact person’s name, title, address, telephone number, and e-mail address, who can verify that the Bidder/key personnel/Subcontractor has successfully provided the goods and services being offered to the County. These references shall ascertain to the County’s satisfaction that the Bidder/key https://www.miamidade.gov/govaction/matter.asp?matter=212675&file=true&fileAnalysis=false&yearFolder=Y2021 personnel/Subcontractor has sufficient experience and expertise in expertise in the industry and its firm is properly equipped to provide the required product and services.

2.4.2 Bidder shall assign a competent representative who is knowledgeable of industry standards and authorized to discuss matters pertaining to the resulting Contract(s) and provide support and information to the County. The Bidder’s representative shall be able to communicate with the County and shall have full authority to act on behalf of the Bidder on all matters related to the resultant Contract. Bidders are required to provide their authorized representative’s name, phone number, and e-mail address. All resources shall be available twenty-four (24) hours a day to provide immediate support and expedite services.

2.4.3 Bidder or Bidder’s Subcontractor shall provide a copy of a valid General Hauler Permit (garbage) issued by the Miami-Dade Department of Solid Waste Management (DSWM).

Additional Requirements for Group 10 (Wet Screen Hauling) ONLY

2.4.4 In addition to the requirements set forth above, Bidders submitting a Bid for Group 10 – Wet Screen Hauling for WASD shall provide, with their Bid, a signed letter of commitment from a disposal facility legally permitted to accept wet screen debris generated under this Contract. The letter shall be printed on the disposal facility's official letterhead, signed by an authorized representative of the facility, and include the representative's name, title, telephone number, and e-mail address.

The letter shall further confirm that the disposal facility possesses all applicable permits and approvals required to lawfully accept and dispose of wet screen debris and is willing and able to accept such materials throughout the term of the resulting Contract.

The Bidder shall provide all the information, documents and/or attachments listed above to be considered for award. All information, documents, and/or attachments listed above are due with the Bid by the Solicitation’s end time and date. The County may, at its sole discretion and in its best interest, allow the Bidder to complete, supplement or supply the required information, documents and/or attachments during the bid evaluation period. Failure to provide all the required information, documents and/or attachments with the Bid or as requested by the County during the Bid evaluation period, may result in the Bidder being declared non-responsive or non-responsible.

During the bid evaluation period, the County’s Strategic Procurement Department (SPD) will review the submitted information, documents and/or attachments, may request additional information from the Bidder, and/or obtain additional information from available sources, to fully evaluate the Bidder’s submittal and ascertain that the Bidder meets the stipulated requirements and determine the Bidder’s ability to perform under a resulting Contract.

The County shall be sole judge of a Bidder’s compliance with requirements and the Bidder’s ability to perform under the resulting Contract. Failure to meet the stipulated requirements or demonstrate the ability to perform under the resulting Contract, as determined by the County, may result in the Bidder being declared non-responsible.

During the term of the resulting Contract, the Bidder is obligated to promptly notify the County of any changes, intended or otherwise, to the evidence provided in compliance with the requirements of this Solicitation.

2.5 PRICES (FIXED WITH ECONOMIC PRICE ADJUSTMENT)

The Bidder's prices shall be inclusive of all costs, delivery, charges, and fees. Additional charges of any kind will not be accepted, unless otherwise specified in this Solicitation. The initial Contract prices shall remain fixed and firm for a period of no less than twelve (12) months from the Solicitation’s end date. Thereafter, prices may be adjusted upward or downward as follows.

2.5.1 The County may elect to negotiate price adjustments with Awarded Bidder(s), decreases or increases, based on changes in the following pricing index: Consumer Price Index (CPI), for all items in the Miami-Fort Lauderdale-West Palm Beach, FL, for all Urban Consumers, not seasonal adjusted; Series ID: CUURS35BSA0, CUUSS35BSA0), as published by the U.S. Bureau of Labor Statistics (BLS). The Base CPI Index for adjustments will be the Index published by the BLS for the referenced CPI Series in the month and year when the Solicitation ended (or the month prior to the Solicitation’s end date if the Solicitation’s end month is not published by the BLS), and the Base Price shall be the contract’s initial price(s).

https://data.bls.gov/timeseries/CUURS35BSA0?amp%253bdata_tool=XGtable&output_view=data&include_graphs=true https://data.bls.gov/timeseries/CUURS35BSA0?amp%253bdata_tool=XGtable&output_view=data&include_graphs=true

a) The period used to calculate the adjustment will begin in the month when the Solicitation ended (or the month prior to the Solicitation’s end date if the Solicitation’s end month is not published by the BLS) and will include as many months as have been published by the BLS at the time of the adjustment.

The following is an example of how to calculate an adjustment:

Contract’s Effective Date: May 1, 2022 Solicitation’s End Date: May 7, 2021

Index Point Change Calculation:

Current CPI Index (August 2022) 232.945

Less: Base CPI Index (April 2021) 229.815

Equals: Index Point Change 3.130

Percentage Change Calculation:

Index Point Change 3.130

Divided by: Base CPI Index 229.815

Equals: 0.01362

Multiplied by 100: 1.3620

Equals: Percent Change 1.37%

Price Calculation:

Percent Change: 1.37%

Multiplied by Initial Contract Price (Base Price): $100.00

Equals: Applicable CPI Increase: $1.37

Adjusted Price According to CPI: $101.37

b) The Base Price and the Base CPI Index shall remain constant throughout the contract term and shall be the basis of all adjustments.

The following is an example of how to calculate a subsequent adjustment:

Index Point Change Calculation:

Current CPI Index (October 2023) 240.100

Less: Base CPI Index (April 2021) 229.815

Equals: Index Point Change 10.285

Percentage Change Calculation:

Index Point Change 10.285

Divided by: Base CPI Index 229.815

Equals: 0.04475

Multiplied by 100: 4.4753

Equals: Percent Change 4.48%

Price Calculation:

Percent Change: 4.48%

Multiplied by Initial Contract Price (Base Price): $100.00

Equals: Applicable CPI Increase: $4.48

Adjusted Price According to CPI: $104.48

c) Should the referenced index be discontinued by the BLS, or should its data be unavailable, the County will use the following pricing index: CPI for All Urban Consumers (CPI-U), Series ID: CUUR0300SA0, Titled: All items https://data.bls.gov/timeseries/CUUR0300SA0?amp%253bdata_tool=XGtable&output_view=data&include_graphs=true in South urban, all urban consumers, not seasonally adjusted, as published by the BLS. Price adjustments may also be negotiated based on other indexes published by the BLS (CPI or PPI) or other economic factors if these economic indicators are evidently proven to have directly affected the contract prices during the contract period.

2.5.2 An Awarded Bidder may initiate a request for price adjustment, the County will review such request as prescribed above and will grant the price adjustment as requested, negotiate with the Awarded Bidder to determine the appropriate price adjustment, or reject the request in its best interest. If the County elects to reject the Awarded Bidder's request for an adjustment, the Awarded Bidder is not excused from continuing to perform under the Contract. Failure of the Awarded Bidder to perform under these circumstances may result in the Awarded Bidder being deemed in breach of Contract and the County terminating its Contract with the Awarded Bidder in accordance with Section 1-General Terms and Conditions, Paragraph 1.26-Termination for Default.

2.5.3 Adjusted prices shall remain firm for at least twelve (12) months; thereafter, prices may be readjusted as prescribed above.

2.5.4 Any price adjustments authorized by the County shall be formalized by a Contract Modification, originated and published by SPD, and signed by the Awarded Bidder. Under no circumstances should the Awarded Bidder invoice the County a price that is higher than the price authorized through the Contract award or an approved Contract modification.

2.6 INSURANCE REQUIREMENTS

The insurance requirements listed under Section 1, General Terms and Conditions, Paragraph 1.22 (A), are hereby replaced in their entirety with the following:

A. The Awarded Bidder shall furnish to the Vendor Outreach & Support Services Section, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, Certificate(s) of Insurance which indicate that insurance coverage has been obtained and meets the requirements as outlined below:

1. Worker’s Compensation Insurance as required by Chapter 440, Florida Statutes, or any other applicable law.

Failure to maintain the required Workers' Compensation Insurance throughout the term of the Contract may constitute grounds for default and may also result in debarment pursuant to Section 10-38 of the Code of Miami- Dade County.

2. Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in general aggregate, including Products and Completed Operations coverage. Miami-Dade County must be shown as an additional insured with respect to this coverage.

3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage.

4. Umbrella Liability Insurance in an amount not less than $3,000,000 per occurrence, and $3,000,000 in the aggregate. If Excess Liability Insurance is provided, it must follow form of the Automobile Liability and Commercial General Liability policies.

5. Pollution Liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, covering third-party claims, remediation expenses, and legal defense expenses arising from on-site and off-site loss, expense, or claim related to the release or threatened release of Hazardous Materials that result in contamination or degradation of the environment and surrounding ecosystems, and/or cause injury to humans and their economic interest. Miami-Dade County must be shown as an additional insured with respect to this coverage.

2.7 CHANGES

Although this Solicitation identifies specific groups, facilities, sites, containers, equipment, and services to be provided under the resulting Contract(s), the County reserves the right, at its sole discretion, to add, delete, increase, decrease, or otherwise modify groups, facilities, Sites, containers, equipment, service frequencies, pickup schedules, and/or services of a similar nature during the term of the Contract(s), as deemed necessary to meet the County's operational needs.

https://data.bls.gov/timeseries/CUUR0300SA0?amp%253bdata_tool=XGtable&output_view=data&include_graphs=true

2.7.1 Additions

Should the County determine that additional groups, facilities, sites, containers, equipment, or services need to be added, under these circumstances, a County representative may obtain a price quote from the Awarded Bidder(s). The County reserves the right to award the additional groups, facilities, sites, containers, equipment, or services to an Awarded Bidder based on the price quoted, to negotiate pricing with an Awarded Bidder, or to acquire the additional groups, facilities, Sites, or services through a separate Solicitation, or from other Awarded Bidder(s) under the Contract(s).

2.7.2 Deletions

The County reserves the right to delete any group, facility, site, container, equipment, or service from the Contract(s) when such services are no longer required. These deletions shall not impact the prevailing unit prices for remaining line-items, groups, facilities, sites, or services under the Contract. However, if the County deletes or reduces a portion of the services at an existing site, including, but not limited to, containers, compactors, equipment, or service frequencies included within the monthly line-item price, the monthly compensation for the affected site shall be reduced proportionately to reflect the reduction in the scope of services, as determined and approved by the County and documented through a Contract Modification. Upon notification by the County, the Awarded Bidder shall remove any County-authorized container(s), compactor(s), or other equipment associated with the deleted service within fourteen (14) calendar days, unless otherwise directed by the County. Upon completion of the removal, the Awarded Bidder shall leave the area in a clean, safe, and orderly condition, subject to acceptance by the County's Site Manager.

2.7.3 Container Placement

The relocation of a container, compactor, or other equipment within the same site shall not constitute a new service location and shall not result in any additional charges to the County. All container placements and relocations shall be performed in accordance with the directions of the County's Site Manager.

2.7.4 Site and Service Modification

If the County modifies the services at an existing site, including, but not limited to, changes in container size, container type, container quantity, compactor requirements, pickup frequency, pickup schedule, or the addition or removal of containers or equipment, the County may request an updated price quotation from the Awarded Bidder servicing the applicable site. If the County determines that the updated price submitted by the Awarded Bidder(s) is not competitive, the County reserves the right to acquire the services of the site through a separate Solicitation, or from other Awarded Bidder(s) under the Contract.

Notes: All additions, deletions, and modification of groups, facilities, sites, items and/or Services authorized by the County shall be formalized by a Contract Modification, originated, and published by SPD.

2.8 EXAMINATION OF SITES (RECOMMENDED)

For purposes of this Solicitation, “Site(s)” means the individual County-owned, County-operated, or County-managed locations identified in Attachment A where garbage collection and disposal services are required. Each Site may include one or more buildings, facilities, service areas, containers, equipment, and service requirements. Prior to submitting its offer, Bidder is strongly encouraged to examine the Site(s) and become familiar with all existing conditions that may affect the performance and pricing of the required services, including access restrictions, container placement, clearance limitations, operating hours, security requirements, traffic conditions, and other Site-specific circumstances. The Awarded Bidder(s) is also advised to examine carefully the specifications and to become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract(s). No additional allowances will be made because of lack of knowledge of these conditions.

2.9 COMPLIANCE WITH GOVERNMENT STANDARDS

In addition to the provisions from Section 1, General Terms and Conditions Section, Paragraph 1.14, Federal, State and Local Requirements Compliance, the following provisions apply:

2.9.1 Federal Standards

All products and services provided under the Contract shall comply with all applicable federal standards, including, but not limited to, those issued by the Occupational Safety and Health Administration (OSHA), including directives concerning policies and procedures for implementing intervention and inspection programs to reduce injuries, illnesses, and fatalities, and to eliminate workplace hazards associated with the collection, handling, transportation, and disposal of municipal solid waste and wet screen debris; the National Institute for Occupational Safety and Health (NIOSH) directives and guidelines applicable to the services provided under the Contract; and the National Fire Protection Association (NFPA), where applicable. Precautions shall be exercised at all times to protect persons and property. Any fines, penalties, or corrective actions resulting from the Awarded Bidder's failure to comply with these requirements shall be the sole responsibility of the Awarded Bidder. The Awarded Bidder shall provide all required Personal Protective Equipment (PPE) to its employees in accordance with applicable OSHA requirements.

2.9.2 State of Florida Solid Waste Requirements

The Awarded Bidder shall comply with all applicable provisions of Chapter 403, Florida Statutes (Environmental Control), including Part IV (Resource Recovery and Management) and Section 403.705, Florida Statutes (State Solid Waste Management Program), governing the collection, transportation, processing, and disposal of solid waste; Chapter 62-701, Florida Administrative Code (Solid Waste Management Facilities); all applicable regulations of the Florida Department of Environmental Protection (FDEP); the applicable commercial motor vehicle requirements contained in Chapter 316, Florida Statutes; the Federal Motor Carrier Safety Regulations (49 CFR); and all other applicable federal, state, and local laws, rules, regulations, permits, and licensing requirements governing the collection, transportation, handling, and lawful disposal of municipal solid waste and wet screen debris.

2.9.3 Legal Requirement for Pollution Control

The Awarded Bidder(s) shall also comply with the Miami-Dade County Environmental Protection Ordinance as stated in Chapter 24 of the Miami-Dade County Code, as amended. This ordinance is made a part of this Solicitation by reference and may be obtained on the following link: Miami-Dade County Environmental Protection Ordinance, or if necessary, by contacting the Department of Environmental Resources Management (DERM), 701 NW 1 Court, Suite 400, Miami, Florida 33136, Telephone (305) 372-6789. The Awarded Bidder shall conduct all operations in a manner that prevents the unauthorized release of solid waste, leachate, fuels, oils, hydraulic fluids, or other contaminants. Any release resulting from the Awarded Bidder's operations shall be immediately contained, cleaned, reported, and remediated in accordance with all applicable federal, state, and local laws and regulations.

2.9.4 Safety Standards.

The Awarded Bidder shall perform all work in accordance with recognized industry safety practices and all applicable federal, state, and local safety requirements. All products, services, vehicles, equipment, and work practices shall comply with applicable standards established by OSHA, NIOSH, and NFPA, where applicable. The Awarded Bidder shall provide all required Personal Protective Equipment (PPE) and ensure that employees use such equipment in accordance with applicable OSHA requirements. Employees performing services under the Contract shall wear high-visibility safety apparel appropriate for the work being performed. Any fines, penalties, or corrective actions resulting from the Awarded Bidder's failure to comply with applicable safety requirements shall be the sole responsibility of the Awarded Bidder.

2.9.5 Personnel, Vehicles and Equipment.

The Awarded Bidder shall ensure that all personnel performing services under the Contract are properly trained, qualified, and authorized to perform their assigned duties. Unless otherwise specified, the Awarded Bidder shall furnish all labor, supervision, vehicles, containers, compactors, equipment, tools, materials, and incidentals necessary to perform the services required under the Contract. All collection vehicles, hauling equipment, containers, compactors, and related equipment shall be maintained in safe operating condition, free from leaks, excessive corrosion, structural defects, or other conditions that could adversely affect the safe performance of the services, and shall comply with all applicable federal, state, and local laws, regulations, inspections, and permitting requirements. Vehicles shall display the Awarded Bidder's company name in a clearly visible and legible manner on both sides of the vehicle. The County reserves the right to inspect all vehicles and equipment used in the performance of the Contract. Equipment determined by the County to be unsafe, improperly maintained, or otherwise unsuitable for the performance of the services shall be removed from service immediately and replaced by the Awarded Bidder at no additional cost to the County. The Awarded Bidder shall conduct all collection and hauling operations in a manner that minimizes disruption to vehicular and pedestrian traffic and shall implement appropriate safety and traffic control measures whenever necessary to protect the public and employees.

2.9.6 Environmentally Friendly Sustainable Practices

The Awarded Bidder(s) shall adopt environmentally responsible methods and sustainable practices for the collection, transportation, and lawful disposal of municipal solid waste and wet screen debris, when practical and cost effective, to https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0403/0403PARTIVContentsIndex.html https://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=solid+waste&URL=0400-0499/0403/Sections/0403.705.html https://flrules.org/gateway/ChapterHome.asp?Chapter=62-701 https://flrules.org/gateway/ChapterHome.asp?Chapter=62-701 https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH24ENPRBIBAENDEAQPACOARBIBAENENTRFUENENLAPR enhance the sustainability of the services provided under the Contract(s). Such practices may include, but are not limited to, the following:

• Ensure the proper handling of municipal solid waste and wet screen debris during collection, loading, transportation, and disposal in accordance with all applicable federal, state, and local requirements.

• Consider the environmental impacts and sustainability of the truck fleet, including vehicle age, engine technology, idle reduction, route optimization, and other operational practices that improve efficiency, reduce fuel consumption, minimize air emissions, and support reliable contract performance.

• Provide efficient and reliable collection and transportation services to minimize operational disruptions and environmental impacts associated with delayed waste removal.

• Route Optimization

The Awarded Bidder(s) should reduce unnecessary vehicle miles traveled through route optimization and other operational efficiencies. EPA's SmartWay Transport Program is provided as one example of a resource for improving route efficiency and reducing fuel consumption.

• Materials Handling Best Practices

The Awarded Bidder(s) shall prevent spillage of solid waste and wet screen debris by employing safe loading, handling, and transportation practices, including avoiding overloading vehicles, properly securing loads, and exercising care during loading, unloading, and transfer operations.

2.9.7 Licenses, Permits and Record Keeping

The Awarded Bidder and any approved subcontractors shall maintain throughout the term of the Contract all licenses, permits, certifications, approvals, and other authorizations required to perform the services under the Contract. The Awarded Bidder shall ensure that all disposal facilities utilized under the Contract remain legally permitted to accept the applicable waste streams. The Awarded Bidder shall maintain all records, manifests, disposal receipts, weight tickets, reports, and other documentation required by applicable laws, regulations, permits, or the Contract. Damages, penalties, or fines imposed upon the County or the Awarded Bidder resulting from the Awarded Bidder's failure to obtain or maintain required licenses, permits, or approvals shall be the sole responsibility of the Awarded Bidder.

For Group 10 – Wet Screen Hauling, the Awarded Bidder shall prepare and submit all reports required by applicable laws, regulations, permits, and the Contract to the Miami-Dade Water and Sewer Department (WASD) within thirty (30) calendar days of receipt, and shall maintain such records for the duration of the Contract and for five (5) years thereafter, or for such longer period as may be required by law.

Any change in applicable law, regulation, permit condition, or regulatory interpretation affecting the collection, transportation, or lawful disposal of municipal solid waste or wet screen debris shall not relieve the Awarded Bidder of its obligation to provide uninterrupted services in accordance with the Contract. The Awarded Bidder shall be responsible for complying with such changes and for securing any additional permits, approvals, or legally permitted disposal facilities necessary to continue providing the required services without interruption.

2.9.8 Identification and Uniform

All employees performing services under the Contract shall carry valid government-issued photo identification while performing work on County property and shall present such identification upon request by the County. Personnel shall wear clean uniforms or shirts clearly displaying the Awarded Bidder's company name and shall maintain a neat and professional appearance while performing services under the Contract.

Note: Failure to comply with the requirements of this Paragraph may result in suspension of work, removal of personnel or equipment from service, issuance of a cure notice, assessment of damages where applicable, termination for default, or any other remedies available to the County under the Contract(s).

2.10 USE OF FEDERAL FUNDING REQUIREMENTS (GROUPS 8 & 11)

2.10.1 Compliance with Federal Provisions. Since the goods and services under Group 8 (HCD) and Group 11 (CSD) may be funded, in whole or in part, with federal funds, it is hereby agreed and understood that the applicable federal provisions set https://www.epa.gov/smartway forth in Section 1, General Terms and Conditions, Paragraph 1.62, Compliance with Federal Provisions, shall apply to those Groups. Nothing contained herein shall be construed as requiring the Awarded Bidder(s) to assume obligations imposed solely upon the County as the recipient or subrecipient of a federal award. In addition, the Awarded Bidder(s) shall comply with the following:

a) The Awarded Bidder(s) shall comply with the applicable requirements of 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, including applicable federal contract provisions. The Awarded Bidder(s) shall promptly notify the County of any circumstance that may affect compliance with applicable federal requirements, the eligibility of project costs, or the County’s eligibility for federal reimbursement.

b) The Awarded Bidder(s) shall comply with the applicable requirements of 41 C.F.R. §§ 60-300.4, 60-300.5, and 60- 741.4, relating to protected veterans and individuals with disabilities, which are incorporated into this Solicitation by reference.

c) Exhibit B – Byrd Anti-Lobbying Certification and Disclosure Statements, and Exhibit C – Suspension and Debarment Certification Form, shall be completed, as applicable, and submitted with the Bid. Unless otherwise stated, all references in these documents to "Contractor" shall mean the Awarded Bidder under this Solicitation.

2.10.2 Inapplicable Provisions. The following provisions are not applicable to federally funded purchases made under Groups 8 and 11. To the extent any of the following provisions appear in Section 1, General Terms and Conditions, they shall not apply to purchases funded, in whole or in part, with federal funds under those groups.

a) Paragraph 1.2(H) – Prompt Payment Terms. Payment terms under Sections 2-8.1.1.1.1 or 2-8.1.1.1.2 of the Code of Miami-Dade County, Florida (“County Code”) that are for a Small Business Enterprise (“SBE”) subcontractor shall not apply.

b) Paragraph 1.11 – Local Preference. Section 2-8.5 of the Miami-Dade County Code, which provides that preference shall be given to local businesses shall not apply.

c) Paragraph 1.29 – Office of Inspector General. As indicated in Section 1, Paragraph 1.29, the cost of random audits of one quarter (1/4) of one (1) percent will not be incorporated into the contract price of this Contract and shall not be withheld from payment due to the Awarded Bidder.

d) Paragraph 1.37 – County User Access Program (UAP). The UAP fee in the amount of two percent (2%) shall not apply and the County shall not withhold any portion of payment due to Awarded Bidder for the UAP fee.

e) Paragraph 1.45 – Small Business Enterprises (SBE) Measures. SBE Measures under Sections 2-8.1.1.1.1, 2-10.4.01, and 10-33.02 of the County Code under an SBE program shall not apply.

f) Paragraph 1.46 – Local Certified Veteran’s Business Enterprise (VBE) Preference. Section 2-8.5.1 of the Miami-Dade County Code, which provides that preference shall be given to local certified VBE firms shall not apply.

g) Paragraph 1.49 – First Source Hiring Referral Program (FSHRP). Section 2-2113 of the County Code which provides that County contractors are to use a local workforce referral agency for job postings and to use good faith efforts to fill fifty percent (50%) of job vacancies through such local workforce referral agency shall not apply.

h) Paragraph 2.13 – Miami-Dade County Living Wages Supplement General Condition. The provisions of Paragraph 2.13, Miami-Dade County Living Wages Supplement General Condition, of this Section 2 shall not apply to Groups 8 and 11.

2.10.3 Compliance with HCD and HUD Provisions and Requirements (Group 8). Group 8 under this Solicitation is subject to the requirements of the U.S. Department of Housing and Urban Development (HUD) applicable to Public Housing and Indian Housing non-construction contracts. The following HCD and HUD forms, together with their instructions, terms, and conditions, are incorporated into this Solicitation by reference and shall apply, as applicable:

a) Attachment B – Section 3 Requirements for Procurement Contracts (Section 3 of the HUD Act of 1968)

1) Section 3 Business Preference Claim Form (Doc. # 00200) (Only if claiming Section 3 preference)*.

2) Section 3 Economic Opportunity and Affirmative Marketing Plan (Doc. # 00400)*.

3) Section 3 Contract/Subcontractor Estimated Project Work Force Breakdown (Doc. # 00450).

https://www.miamidade.gov/resources/strategic-procurement/documents/general-terms-and-conditions-r26-2.pdf https://www.law.cornell.edu/cfr/text/2/part-200 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-300/subpart-A/section-60-300.4 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-300/subpart-A/section-60-300.5 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-741 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-741 https://www.miamidade.gov/resources/strategic-procurement/documents/general-terms-and-conditions-r26-2.pdf

4) Training and Employment Outreach (Doc. # 00403).

5) Section 3 Language for News Ads, Flyers, and Job Notices (Doc. # 00404).

6) Letter of Intent to Subcontract/Solicit Section 3 Businesses (Doc. # 00406).

7) List of Subcontractors Utilization Section 3 Business (Doc. # 00430).

b) The most current versions of the following U.S. Department of Housing and Urban Development (HUD) forms are hereby incorporated into this Solicitation and any Contract(s) awarded under Group 8 by reference and shall apply to the services provided thereunder. Copies of these HUD forms are not included with this Solicitation to ensure that Bidders obtain and use the most current versions available from HUD. Bidders are responsible for obtaining, reviewing, and complying with the applicable HUD forms directly from the HUD website through the links provided below:

1) Form HUD-5369-B – HUD Instructions to Offerors, Non-Construction

2) Form HUD-5370-C – General Conditions for Non-Construction Contracts, Section I (With or Without Maintenance Work).

Notes:

1) An asterisk (*) identifies the HCD/HUD forms that shall be completed and submitted with the Bid, together with Exhibit B and Exbibit C, as applicable.

2) Bidders interested in becoming an HCD-certified Section 3 Business Concern may contact HCD Section 3 at (786) 469-4227 or by e-mail at Section3@miamidade.gov.

2.11 QUALITY CONTROL AND PERFORMANCE OF SERVICES

The Awarded Bidder(s) shall plan, schedule, supervise, and coordinate all services required under the Contract(s) to ensure that all collection, hauling, transportation, and disposal services are performed in accordance with the schedules, service frequencies, and other requirements established by the County. The Awarded Bidder(s) shall maintain an effective quality control program to ensure that all services are performed in compliance with the requirements of the Contract. The quality control program shall include routine inspections of the services performed, prompt correction of deficiencies, and ongoing supervision of personnel to ensure consistent contract performance. Unless otherwise authorized in writing by the County, all scheduled services shall be performed within the timeframes established in the Contract or as otherwise directed by the County's Project Manager or Site Manager.

If the Awarded Bidder(s) anticipates that it will be unable to perform any scheduled service or otherwise comply with the Contract requirements, the Awarded Bidder(s) shall immediately notify the County, explain the reason for the delay or interruption, and provide a proposed recovery plan for the County's review and approval. Delays resulting from Force Majeure events shall be governed by Section 1, General Terms and Conditions, Paragraph 1.60, Force Majeure. Failure to perform the required services in accordance with the Contract may result in the issuance of deficiency notices, assessment of damages where applicable, suspension of work, termination for default pursuant to Section 1, General Terms and Conditions, Paragraph 1.26, Termination for Default, or any other remedies available to the County under the Contract.

2.12 INITIAL DELIVERY OF CONTAINERS AND TRANSITION OF SERVICES

Following Contract award, the County will notify each Awarded Bidder of the applicable line item(s) awarded under the Contract(s). The County may conduct a post-award meeting with the Awarded Bidder(s) prior to the issuance of the Notice to Proceed (NTP). The purpose of the meeting shall be to establish a mutual understanding of the Contract requirements, scope of services, service expectations, implementation schedule, and communication protocols. Attendees may include representatives of the County's Project Management team, Site Managers, and the Awarded Bidder(s). Topics of discussion may include, but are not limited to, the implementation schedule, transition of services, roles and responsibilities, service locations, container delivery and placement, site access procedures, safety and security requirements, reporting requirements, invoicing procedures, communication protocols, and other operational matters necessary for successful Contract implementation.

Unless otherwise authorized by the County, the Awarded Bidder(s) shall complete the delivery and placement of all required containers and equipment and assume responsibility for providing uninterrupted services within seven (7) calendar days following issuance of the Notice to Proceed. During this transition period, the Awarded Bidder(s) shall coordinate with the https://www.hud.gov/hudclips/forms https://www.hud.gov/sites/documents/5369-b.pdf https://www.hud.gov/sites/dfiles/OCHCO/documents/5370C1.pdf https://www.hud.gov/sites/dfiles/OCHCO/documents/5370C1.pdf mailto:Section3@miamidade.gov

County and the applicable Site Managers to ensure an orderly transfer of services from the incumbent contractor(s), where applicable, without interruption to County operations. The Awarded Bidder(s) shall be responsible for coordinating all activities necessary to implement the Contract, including scheduling container delivery, equipment installation, and service commencement, as applicable.

The County may schedule additional coordination meetings throughout the term of the Contract to address operational issues, service performance, implementation of additional services, transition of new sites, or other Contract administration matters.

2.13 MIAMI-DADE COUNTY LIVING WAGES SUPPLEMENT GENERAL CONDITION

If the total award value of the Contract(s), except for Groups 8 and 11, per year, exceeds $100,000 the provisions of Sections 2-8.9 (Living Wages) of the Code of Miami-Dade County (Code) as amended by Ordinance (Governing Legislation), will apply, if allowed by the funding source. A copy of this Code Section may be obtained at http://www.miamidade.gov/. A copy of the Administrative Order may be obtained online at:

http://miamidade.gov/aopdfdoc/aopdf/pdffiles/AO3-30.pdf; and notices are posted online at:

https://www.miamidade.gov/global/business/smallbusiness/living-wage.page. If the resultant contracts are not awarded by September 30, 2026, this provision will not apply; and as such the County reserves the right to negotiate better pricing.

http://www.miamidade.gov/ http://miamidade.gov/aopdfdoc/aopdf/pdffiles/AO3-30.pdf https://www.miamidade.gov/global/business/smallbusiness/living-wage.page

SECTION 3

SCOPE OF WORK/TECHNICAL SPECIFICATIONS

3.1 SCOPE OF WORK

The Awarded Bidder(s) shall provide Garbage Collection and Disposal Services at various locations throughout Miami- Dade County (County) on a scheduled and on-demand basis, as identified in Attachment A. The required services include the collection, transportation, and lawful disposal of municipal solid waste and other designated waste streams utilizing the container types, equipment, and service frequencies specified herein. The Awarded Bidder(s) shall furnish all labor, supervision, management, vehicles, equipment, containers (where required), fuel, permits, licenses, disposal fees, environmental fees, materials, supplies, and all other resources necessary to perform the required services in accordance with the requirements of this Solicitation and the resulting Contract(s). The services shall be performed at County-owned and County-operated facilities utilizing the container types, equipment, and service frequencies identified in this Solicitation Attachment, which includes the current service locations and pickup requirements. Service locations may include, but are not limited to, administrative offices, multi-story office buildings, correctional facilities, parks, residential properties, public facilities, maintenance yards, transit facilities, water and wastewater treatment facilities, and other County-owned or County-operated Sites. The Scope of Work also includes specialized services, including, but not limited to, the hauling and lawful disposal of wet screen materials and sewage-contaminated debris, including rags, wood, tree branches, and similar materials generated during wastewater treatment operations, as more specifically described in this Solicitation and Attachment A. All services shall be performed in a safe, timely, professional, and workmanlike manner using industry best practices and in accordance with all applicable federal, state, and local laws, regulations, permits, and environmental requirements.

The Awarded Bidder(s) shall also be responsible for all administrative, supervisory, and operational functions necessary for the successful performance of the Contract(s), including, but not limited to, planning, scheduling, dispatching, supervision, coordination, inspections, quality control, reporting, customer service, recordkeeping, and all other activities necessary to ensure uninterrupted and satisfactory performance of the services.

3.2 SERVICE REQUIREMENTS

The Awarded Bidder(s) shall furnish, deliver, maintain, service, and, when required, replace metal and/or plastic containers of the sizes and types specified in this Solicitation for the temporary storage of municipal solid waste and other designated waste streams. The Awarded Bidder(s) shall provide all labor, supervision, equipment, vehicles, disposal facilities, and other resources necessary to collect, transport, and lawfully dispose of all collected materials. The Awarded Bidder(s) shall comply with the collection schedules and service frequencies specified for each applicable line item in Attachment A. Where no specific collection day or time is identified, the collection schedule shall be established by mutual agreement between the Awarded Bidder(s) and the County Site Manager or Project Manager. The County reserves the right to require either morning (AM) or afternoon (PM) collection service, as operationally necessary.

The Awarded Bidder(s) shall be available to perform emergency and on-demand services throughout the term of the Contract. Unless otherwise authorized by the County, requests for on-demand services received before 12:00 p.m. (noon) shall be serviced the same day. Requests received after 12:00 p.m. shall be serviced within twenty-four (24) hours, including weekends and County-observed holidays. Recurring and on-demand collection services shall be provided regardless of whether the scheduled collection day falls on a holiday. The only exception shall be when all County-designated disposal facilities or landfills authorized to receive the applicable waste stream are closed simultaneously. In such cases, the Awarded Bidder(s) shall notify the County immediately and resume service as soon as disposal facilities become available, in accordance with directions provided by the County.

The Awarded Bidder(s) shall adhere to all required service schedules and response times, except where delays result from Force Majeure events or other causes beyond the reasonable control of the Awarded Bidder(s), as provided in Section 1, General Terms and Conditions, Paragraph 1.59, Force Majeure. Whenever practicable, the Awarded Bidder(s) shall notify the County in advance of any anticipated delay, describe the reason for the delay, and provide a proposed recovery schedule for the County's review and approval. Prices submitted shall be all-inclusive and shall include all costs associated with providing the required services, including, but not limited to, container rental, delivery, collection, transportation, lawful disposal, landfill or disposal facility fees, franchise fees, environmental fees, fuel, fuel recovery charges, fuel surcharges, permits, licenses, labor, equipment, taxes, and all other incidental costs necessary to perform the services required under the Contract(s).

The Awarded Bidder(s) shall maintain all containers in a clean, safe, sanitary, and fully operational condition throughout the term of the Contract(s). Containers shall be free of excessive rust, structural damage, sharp edges, missing lids or doors, graffiti, and other conditions that may adversely affect their intended use or the appearance of County facilities.

Graffiti shall be removed, or the container replaced, within three (3) calendar days after notification by the County. Following each collection, the Awarded Bidder(s) shall ensure that all waste has been removed from the container and that the surrounding collection area is left in a clean condition, free of loose debris, litter, or waste resulting from the collection operation. Any spills or debris caused by the Awarded Bidder(s) shall be cleaned immediately at no additional cost to the County.

3.3 SERVICE LOCATIONS/LEVELS

The Awarded Bidder(s) shall possess the necessary experience, personnel, equipment, vehicles, containers (where required), and other resources to provide garbage collection, transportation, and lawful disposal services at the designated service locations in accordance with the collection schedules and service frequencies established by the County. Collection schedules shall be coordinated with the applicable user department and Site Manager, as appropriate. Attachment A identifies the existing service locations, facility addresses, container types, container sizes, estimated quantities, collection frequencies, and other service requirements applicable to each line item identified in INFORMS. The County reserves the right to modify service locations, equipment, container quantities, and collection frequencies during the term of the Contract in accordance with Section 2, Paragraph 2.7, Changes, of this Solicitation. The service locations are organized into the following twelve (12) Groups for informational purposes only:

• Group 1: People and Internal Operations (PIOD)

• Group 2: Miami-Dade Corrections and Rehabilitation Department (MDCR)

• Group 3: Seaport Department (PortMiami)

• Group 4: Animal Services Department (ASD)

• Group 5: Department of Transportation and Public Works (DTPW)

• Group 6: Cultural Affairs Department (CUA)

• Group 7: Parks, Recreation and Open Spaces Department (PROS)

• Group 8: Housing and Community Development Department (HCD)

• Group 9: Water and Sewer Department (WASD)

• Group 10: Wet Screen Hauling for WASD

• Group 11: Community Services Department (CSD)

• Group 12: Optional Services and Miscellaneous Items

Items eligible for award may include one (1) of the following service level categories:

• Facility with one address and a single level of service.

• Facility with one address and multiple levels of service.

• Facilities with multiple addresses and a single level of service.

3.4 CONTAINERS

The Awarded Bidder(s) shall furnish, deliver, maintain, repair, and replace, as necessary, all containers required under the Contract(s), unless otherwise specified herein.