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Contract 2023-114ADocuSign Envelope ID: 3C9BE1A7-1EFA-4DEE-B7C6-5202B9B81F69 AGREEMENT No. 2023-114 CITYWIDE DUMPSTER COLLECTION AND DISPOSAL SERVICES THIS AGREEMENT, is made and entered into this Friday, December 1, 2023, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and WASTE PRO OF FLORIDA, INC., whose address is: 2101 W. SR 434, 3rd Floor, Longwood, FL 32779, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issued RFB 24-019 titled Citywide Dumpster Collection and Disposal Services; WHEREAS, CONTRACTOR submitted its response dated October 19, 2023, to RFB 24-019; WHEREAS, CITY desired to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 24-019 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish dumpster collection and disposal services as described in CITY's RFB 24-019 and CONTRACTOR's October 19, 2023 response thereto, which are expressly incorporated herein and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement Documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit "A", attached hereto and incorporated herein. 3. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide the CITY with full -service refuse collection and disposal upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in RFB 24-019 or in the specific purchase order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. IC DocuSign Envelope ID: 3C9BE1A7-1EFA-4DEE-B7C6-5202B9B81F69 Term Agreement RFB 24-019 Citywide Dumpster Collection and Disposal Services B. CONTRACTOR, upon receipt of a purchase order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any services herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted services so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 4. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties and shall remain in effect for a period of three (3) years thereafter, unless terminated or renewed as provided for herein. B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. C. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3) additional one-year terms. Sixty (60) days prior to completion of each extended term of this Agreement, CONTRACTOR may request and the City may consider an adjustment to price based on changes in the Producer Price Index (PPI). 1 DocuSign Envelope ID: 3C9BE1A7-1EFA-4DEE-B7C6-5202B9B81F69 Term Agreement RFB 24-019 Citywide Dumpster Collection and Disposal Services 5. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, the CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 6. DISPUTE RESOLUTION - MEDIATION A. Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes, and other matters in question between them by mediation. C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liabilitv Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit 2 DocuSign Envelope ID: 3C9BE1A7-1EFA-4DEE-B7C6-5202B9B81F69 Term Agreement RFB 24-019 Citywide Dumpster Collection and Disposal Services B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 8. NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Waste Pro of Florida, Inc. DocuSign Envelope ID: 3C9BE1A7-1EFA-4DEE-B7C6-5202B9B81F69 Term Agreement RFB 24-019 Citywide Dumpster Collection and Disposal Services Attn: Erik Sankey, Regional Vice President 2101 W. SR 434, 3rd Floor, Longwood, FL 32779 OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 9. MISCELLANEOUS 9.1. Attornevs' Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver The waiver by the city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 9.5. Entire Agreement This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assignment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of the CITY. 4 DocuSign Envelope ID: 3C9BE1A7-1EFA-4DEE-B7C6-5202B9B81F69 Term Agreement RFB 24-019 Citywide Dumpster Collection and Disposal Services 9.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Florida. 9.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331. 10. CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order DocuSign Envelope ID: 3C9BE1A7-1EFA-4DEE-B7C6-5202B9B81F69 Term Agreement RFB 24-019 Citywide Dumpster Collection and Disposal Services C. All documents contained in RFB 24-019 titled Citywide Dumpster Collection and Disposal Services and CONTRACTOR's response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this I' day of December 2023. CITY OF CLERMONT DocuSigned by: 2BA7692F758C492... Tim Murry, Mayor ATTEST: DocuSigned by: ET � Ac4u- (Haws 3AD7F34905B344A.. Tracy Ackroyd Howe, City Ch rk DS 0 DocuSign Envelope ID: 3C9BE1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 WASTE PRO OF FLORIDA, INC. DocuSigned by: E By: 0244C Print Name: Erik Sankey Title: RVP Date: 11/30/2023 DocuSign Envelope ID: 3C913E1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 61 C��R ONT Chace o{Champions EXHIBIT "A" City of Clermont Procurement Services Freddy Suarez, Procurement Services Director 685 W. Montrose Street, Clermont, FL 34711 PROPOSAL DOCUMENT REPORT RFB No. RFB 24-019 Citywide Dumpster Collection and Disposal Services RESPONSE DEADLINE: October 19, 2023 at 2:00 pm Waste Pro of Florida, Inc. PRICE TABLE 1 Current Dumpster Locations and Frequency of Service 1 Headworks East Plant - 3335 Hancock Road Size: 4-YD, Pickup Frequency 1/week, Quantity 1 2 Public Services Facility - 12838 Hancock Road Size: 8-YD, Pickup Frequency 1/Week, Quantity 2 3 Hancock Park - 3301 Hancock Road Size: 8-YD, Pickup Frequency 2/week, Quantity 2 4 Public Works - 400 12th Street Size: 8-YD, Pickup Frequency 2/week, Quantity 1 Request For Bid - Citywide Dumpster Collection and Disposal Services Page 1 12 Month $84.70 $1,016.40 12 Month $338.78 $4,065.36 12 Month $677.56 $8,130.72 12 Month $338.78 $4,065.36 DocuSign Envelope ID: K913E1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 5 Police Department - 3600 S. Hwy. 50 Size: 8-YD, Pickup Frequency 1/week, Quantity 1 6 Clermont City Center - 620 W. Hwy. 50 Size: 8-YD, Pickup Frequency 1/week, Quantity 1 7 Clermont City Hall - 685 W. Montrose Street Size: 8-YD, Pickup Frequency 1/week, Quantity 1 8 Arts & Recreation MSW - 3700 S. Hwy. 27 Size: 8-YD, Pickup Frequency 2/week, Quantity 1 9 Arts & Recreation Recycle - 3700 S. Hwy. 27 Size: 8-YD, Pickup Frequency 1/week, Quantity 1 TOTAL Request For Bid - Citywide Dumpster Collection and Disposal Services Page 2 12 Month $169.39 $2,032.68 12 Month $169.39 $2,032.68 12 Month $169.39 $2,032.68 12 Month $338.78 $4,065.36 12 Month $169.39 $2,032.68 $29,473.92 DocuSign Envelope ID: 3C913E1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 PRICE TABLE 2 Dumpster MSW Price Table 11 Dumpster MSW 3-YD Front Load $63.52 $127.04 $190.56 $100.00 12 Dumpster MSW 4-YD Front Load $84.70 $169.40 $254.10 $100.00 13 Dumpster MSW 6-YD Front Load $127.04 $254.08 $381.12 $100.00 14 Dumpster MSW 8-YD Front Load $169.39 $338.78 $508.17 $100.00 PRICE TABLE 3 Dumpster Recycling Price Table 16 Dumpster Recycling 3-YD Front Load $63.52 $127.04 $190.56 $100.00 17 Dumpster Recycling 4-YD Front Load $84.70 $169.40 $254.10 $100.00 18 Dumpster Recycing 6-YD Front Load $127.04 $254.08 $381.12 $100.00 19 Dumpster Recycling 8-YD Front Load $169.39 $338.78 $508.17 $100.00 Request For Bid - Citywide Dumpster Collection and Disposal Services Page 3 DocuSign Envelope ID: K913E1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 PRICE TABLE 4 Dumpster MSW Roll -Off Price Table (Daily Rate Special Events) 21 Dumpster 20-YD Roll -Off $104.00 $225.00 $125.00 22 Dumpster 30-YD Roll -Off $104.00 $225.00 $125.00 23 Dumpster 40-YD Roll -Off $104.00 $225.00 $125.00 PRICE TABLE 5 Dumpster MSW Roll -Off Price Table (Normal / Permanent Use) 24 Dumpster 10-YD Roll -Off 25 Dumpster 20-YD Roll -Off 26 Dumpster 30-YD Roll -Off 27 Dumpster 40-YD Roll -Off Request For Bid - Citywide Dumpster Collection and Disposal Services Page 4 $104.00 $104.00 $104.00 $104.00 $225.00 $125.00 $225.00 $125.00 $225.00 $125.00 $225.00 $125.00 DocuSign Envelope ID: K913E1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 Request For Bid #RFB 24-019 Title: Citywide Dumpster Collection and Disposal Services 3. SCOPE OF WORK 3.1. Scope of Work The City of Clermont, hereafter referenced as "City", seeks offers in response to this solicitation from qualified and experienced companies, to provide full -service refuse collection and disposal services for various City locations. It is the intent of this solicitation to establish a service agreement with one or more companies that can provide the services described herein. The successful respondent(s) must provide all the necessary containers, dumpsters, staff, vehicles, and equipment to perform these services for multiple City Departments at multiple locations. A. REQUIREMENTS The successful respondent(s) must provide the City with cellular phone numbers where a responsible party can be reached at all times. The successful respondent(s) must respond to all requests and complaints forwarded by the City within two (2) hours of being notified by the City's Contract Manager. The successful respondent(s) must keep the City informed of any operational or employee changes that may affect the services or that may require adjustments to daily administration duties or performance compliance. The successful respondent(s) must notify the City within one (1) business day of such changes. B. EQUIPMENT / DUMPSTER LOCATION Required container types, sizes, and quantities for each site are listed below. Variations from this list must be approved by the City's Contract Manager or designee in writing. All containers and servicing equipment as well as vehicles and all other equipment and supplies used for this service must be purchased, owned, leased, or rented by the successful respondent(s). Containers must have leak -proof bodies of a type specifically designed for this service. All equipment must be properly maintained so that doors, latches, lids, wheels, etc., function in the proper manner at all times. All equipment must be periodically cleaned and/or painted in order to present a clean and well -kept appearance acceptable to the City and to State Health representatives. Drain plugs will be placed in all containers. The City reserves the right to increase or decrease the location, type, quantity, size, and collection frequency of containers needed for any or all services to be provided. The successful respondent(s) must deliver and or remove containers within (48) hours of the request. Such modifications will be submitted by the City's Contract Manager or designee and priced accordingly based on the Price Schedule. 2. Dumpster Location, Address, Size, Pickup Frequency, and Quantity. a. HEADWORKS EAST PLANT: 3335 Hancock Road, Size/Yards: 4 Pickup Frequency: 1/Week, Quantity: 1. b. PUBLIC SERVICES FACILITY: 12838 Hancock Road, Size/Yards: 8, Pickup Frequency: 1/Week, Quantity 2. 12 DocuSign Envelope ID: K913E1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 Request For Bid #RFB 24-019 Title: Citywide Dumpster Collection and Disposal Services c. HANCOCK PARK: 3301 Hancock Road, Size/Yards: 8, Pickup Frequency: 2/Week, Quantity: 2. d. PUBLIC WORKS: 400 12th Street, Size/Yards: 8, Pickup Frequency: 2/Week, Quantity: 1. e. POLICE DEPARTMENT: 3600 S. Hwy. 27, Size/Yards: 8, Pickup Frequency: 1/Week, Quantity: 1. f. CLERMONT CITY CENTER: 620 W. Montrose Street, Size/Yards: 8, Pickup Frequency: 1/Week, Quantity: 1. g. CLERMONT CITY HALL: 685 W. Montrose Street, Size/Yards: 8, Pickup Frequency: 1/Week, Quantity: 1. h. ARTS & RECREATION (TRASH): 3700 S. Hwy. 27, Size/Yards: 8, Pickup Frequency: 2/Week, Quantity: 1. i. ARTS & RECREATION (RECYCLE): 3700 S. Hwy. 27, Size/Yards: 8, Pickup Frequency: 1/Week, Quantity: 1. j. SPECIAL EVENTS — The City may, from time to time, order dumpsters to collect trash from special events. Potential Dumpster sizes would range from 20 yards or 30 yards depending on the event. C. BILLING 1. Original invoices must be submitted monthly by the 7th of each month for a total of twelve identical invoices annually. The invoice must include each location itemized separately on a single invoice and the cost of each facility must be clearly indicated on the invoice and must match the amounts indicated on the bid. Each invoice must contain the contract number and service month. Any additional services provided must be invoiced separately from the monthly invoice. All invoices must be sent to: Public Services Department, 3335 Hancock Road, Clermont, FL 34711, Attention: Brian Camp, bcami) cDclermontfl.orq, (352) 267-2558. D. MISSING/LATE HAULS 1. The City will receive a credit for any missed or late haul. a. The missed haul credit will be in the amount of 100% of the charge per cubic yard specified on the price schedule. A haul not made by 4:00 pm. the day after the scheduled pick-up will be considered a late haul. b. The late haul credit will be in the amount of 10% of the charge per cubic yard specified on the price schedule. A haul not made by 6:00 pm. on the scheduled pick-up day will be considered a late haul. c. Hauls not made due to lack of access at the scheduled time are not considered late or missed as long as the City's Contract Manager is notified of the 13 DocuSign Envelope ID: K913E1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 Request For Bid #RFB 24-019 Title: Citywide Dumpster Collection and Disposal Services circumstances while the driver is onsite (i.e. cars blocking access to the dumpster). Successful respondent is expected to arrange pick-up times to avoid conflict with school drop-off and pick-up times where required. d. Hauls not made when the City is closed due to adverse weather or other emergencies are not considered late or missed. E. REMOVAL AND DISPOSAL 1. The successful respondent is responsible for the removal and disposal of all articles from each container. Each container must be emptied and the container returned to its original position with the lid closed. The City's Contract Manager must be notified immediately (while the driver is on site) when items are protruding from the container(s) making pick-up not feasible. Pictures must be provided at the time of pickup if the successful respondent determines the container(s) are overloaded before extra charges can be applied to the billing. Garbage and refuse spilled by collectors must be swept up and removed at the time of pickup. Hydraulic leaks and leaks from the truck must be cleaned up immediately and at the successful respondent's expense, to the satisfaction of the City's Contract Manager. Dumpster enclosures with gates must have the gate closed prior to the truck departing the facility. All refuse and trash must be removed and disposed of at an approved and appropriate site or sites and must be disposed of in a manner meeting the approval of local, state, and federal authorities as well as all applicable codes, laws, regulations, etc. Dumpster locations on each campus may not be changed without the approval of the City's Contract Manager or designated representative. F. DESCRIPTION OF REFUSE 1. Refuse for collection described in these specifications include items generated by normal operations of City facilities including but not limited to office trash, food trash, custodial service trash, and recycled material. Refuse that will cause damage to the servicing vehicle, out -sized equipment and furnishings, including outdated and unserviceable electronics, are not included. The waste collected and disposed of will not contain any radioactive, corrosive, flammable, explosive, biomedical, infectious, hazardous, or toxic substance or materials as defined by or listed under applicable federal, and state local laws or regulations. G. PROOF OF COMPATIBLE AND SUFFICIENT EQUIPMENT 1. The successful respondent, prior to the execution of the contract, will be required to show proof that the company has and is in possession of sufficient equipment and personnel capable to provide service on a daily/weekly basis with the necessary back-up equipment to cover breakdown and scheduled maintenance activities. H. CLEANING AND DISINFECTING OF CONTAINERS 14 DocuSign Envelope ID: K913E1A7-1 EFA-4DEE-B7C6-5202B9B81 F69 Request For Bid #RFB 24-019 Title: Citywide Dumpster Collection and Disposal Services any additional cost for the inspection of any task that has not been performed satisfactorily. M. CONTAINER REMOVAL 1. Upon expiration of the contract or in the event the contract is terminated, the contractor must remove all containers from the City of Clermont facilities within five (5) business days of the final pick-up for each facility. In the event containers are not removed, the City may have another contractor remove and store the containers. All costs associated with the removal will be the responsibility of the contractor owning the containers. N. OCCUPATIONAL HEALTH AND SAFETY ACT REQUIREMENTS 1. The successful respondent must comply with all OSHA laws and regulations, training requirements, and safety practices as they relate to contract operations. The successful respondent will be responsible for job site safety and for the safety of its agents, employees, and subcontractors. The successful respondent must provide, have on hand, and properly maintain, at no cost to the City, necessary personal protective equipment. The successful respondent must also abide by any site - specific safety regulations. All monetary penalties and liabilities associated with non- compliance with OSHA will be the responsibility of the successful respondent. 16