Agency Term Contract ATC Sludge Hauling, Treatment & Disposal. Between the Florida Department of Corrections and GreenSouth Solutions, LLC

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1 Agency Term Contract ATC Sludge Hauling, Treatment & Disposal Between the Florida Department of Corrections and GreenSouth Solutions, LLC This Contract is between the State of Florida, Department of Corrections (Department), an agency of the State of Florida with offices at 501 S. Calhoun Street, Tallahassee, FL 32399, and GreenSouth Solutions, LLC. (Contractor). The Contractor responded to the Department s Invitation to Bid (ITB), No: FDC ITB , Sludge Hauling, Treatment & Disposal. The Department has accepted the Contractor s bid, pricing, terms, and conditions, and enters into this Contract in accordance with the terms and conditions of the ITB. Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows: I. Scope of Work The services and commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibit A, Attachment I, Specifications. II. Contract Term The initial term of Contract will be for three (3) years. The initial Contract term shall begin on May 10, 2016, or on the last date in which it is signed by all parties, whichever is later. III. Renewal Terms The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed three (3) years, or portions thereof, at the renewal pricing specified in the Contractor s original submission, upon mutual agreement of the parties as set forth in the Contract. IV. Contract This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter. All Exhibits attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Exhibits: a) Exhibit A: FDC ITB and all Addenda

2 Agency Term Contract ATC b) Exhibit B: Contractor s pricing to FDC ITB In case of conflict, the documents shall have priority in the order listed: a) The Contract b) Exhibit A: FDC ITB and all Addenda c) Exhibit B: Contractor s Pricing V. Amendments No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A. Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence. VI. Contract Notices In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by to the Contractor s designated contact person as prescribed in Section VII. VII. Contract Management The Department employee who is primarily responsible for maintaining the Contract Administration file is: Tania Zorn, Purchasing Manager Bureau of Support Services Department of Corrections 501 S. Calhoun, Suite 311 Tallahassee, FL Telephone (850) Zorn.Tania@mail.dc.state.fl.us The Department Contract Manager is: Condelia Ward, Government Operations Consultant III Division of Facilities Maintenance and Building Construction Department of Corrections 501 S. Calhoun, Suite 311 Tallahassee, FL Telephone (850) Ward.Condelia@mail.dc.state.fl.us Page 2 of 8

3 Agency Term Contract ATC The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Contract Manager. The Contractor has assigned the following individuals to serve as the designated contact person for this Contract: Primary Contact: Cole E. Dunn, Vice President GreenSouth Solutions, LLC Smyrna Road Florala, AL Telephone (334) Facsimile (334) Cole@Greensouthsolutions.com Secondary Contact: Shon Edwards, President GreenSouth Solutions, LLC Smyrna Road Florala, AL Telephone (334) Facsimile (334) Shon@Greensouthsolutions.com All questions and customer service issues concerning this Contract shall be directed to the Contractor s designated contacts. It will be the designated contact s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Department if a new employee is designated as the contact person for this Contract. VIII. Termination A. Termination at Will This Contract may be terminated by either party at will, including due to an award under competitive procurement, upon no less than thirty (30) written calendar days notice. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery. B. Termination Because of Lack of Funds Page 3 of 8

4 Agency Term Contract ATC In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than twenty-four (24) hours notice in writing to the Contractor. Notice shall be delivered by certified mail (return receipt requested), facsimile, by other method of delivery whereby an original signature is obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds. C. Termination for Cause If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of thirty (30) days written notice by the Department, the Department may, by written notice to the Contractor, terminate this Contract upon twenty-four (24) hours notice. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code. The provisions herein do not limit the Department s right to remedies at law or to damages. D. Termination Because for Unauthorized Employment Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract. IX. Assignment The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department s Contract Manager. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor. X. Subcontracts The Contractor is fully responsible for all work performed under this Contract. The Contractor may, upon receiving written consent from the Department s Contract Manager, enter into written subcontract(s) for performance of certain functions under this Contract. No subcontract, which the Contractor enters into with respect to performance of any of its functions under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. All payments to subcontractors shall be made by the Contractor. It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract. XI. Price Adjustments Page 4 of 8

5 Agency Term Contract ATC Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated. XII. Additions/Deletions During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Further, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of delivery locations. XIII. Delivery Product(s) shall be shipped as freight on board (FOB) Destination, and arrive within the time agreed upon between the Contractor and the Department after the order is placed. Deliveries must be made between 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract. XIV. Other Conditions A. Public Records Law The Contractor agrees to: (a) keep and maintain public records that would ordinarily and necessarily be required by the Department to perform the services; (b) allow public access to records in accordance with the provisions of Chapter 119 and , F.S.; (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 to the Department, at no cost, all public records in the Contractor s possession under termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the Department s information technology systems. The Contractor s failure to comply with this provision shall constitute sufficient cause for termination of this Contract. B. Confidentiality The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individual receiving services in accordance with applicable local, state, and federal laws, rules and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and Page 5 of 8

6 Agency Term Contract ATC disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto. The Contractor agrees to keep all Department personnel information (i.e. FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing by said Department. C. Disputes Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Director, Office of Administration. The Director, Office of Administration, shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Contract Managers and the Contract Administrator. D. Notices All notices required or permitted by this Contract shall be given in writing and by hand-delivery or to the respective parties. All notices by hand-delivery shall be deemed received on the date of delivery and all notices by shall be deemed received when they are transmitted and not returned as undelivered or undeliverable. Both parties may change their contact information and Contract Manager by written notice given to the other party as provided above. E. Prison Rape Elimination Act (PREA) The Contractor shall report any violations of the Prison Rape Elimination Act (PREA) Federal Rule 28 C.F.R. Part 115 to the Department s Contract Manager. F. Insurance The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract. Upon the execution of this Contract, the Contractor shall furnish the Contract Manager written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate. If the Contractor is a state agency or subdivision as defined in Section , F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section , F.S. Nothing herein shall be Page 6 of 8

7 Agency Term Contract ATC construed to extend any party s liability beyond that provided in Section , F.S. G. Employee Status This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities. This Contract shall not be construed as creating any joint employment relationship between the Parties and neither party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum wages and/or overtime premiums. H. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption or performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes. I. Annual Appropriation The State of Florida s and the Department s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriate by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract. J. Cooperation with Inspector General Page 7 of 8

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9 FLORIDA DEPARTMENT OF CORRECTIONS INVITATION TO BID (ITB) Acknowledgement Form Page 1 of 24 pages AGENCY RELEASE DATE: February 29, 2016 SOLICITATION TITLE: SLUDGE HAULING, TREATMENT & DISPOSAL Denise Roberts, Procurement Officer Department of Corrections Bureau of Support Services 501 South Calhoun Street Tallahassee, FL purchasing@mail.dc.state.fl.us SOLICITATION NO: FDC-ITB RESPONSES WILL BE OPENED: March 29, 2016 at 2:00 P.M. Eastern Time and remain valid for 365 days after such date and time. VENDOR NAME: VENDOR MAILING ADDRESS: CITY STATE ZIP: *AUTHORIZED SIGNATURE (MANUAL) PHONE NUMBER: FAX NUMBER: ADDRESS: FEID NO.: *PRINT NAME AND TITLE *This individual must have the authority to bind the Bidder. I certify that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same services (including equipment and supplies), and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid Submittal for the Bidder/Contractor and that the Bid is in compliance with all requirements of the Invitation to Bid, including but not limited to, certification requirements and mandatory attestations. In submitting a Bid to an agency for the State of Florida, the Vendor offers and agrees that if the Bid is accepted, the Vendor will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular services purchased or acquired by the State of Florida. At the State s discretion, such assignment shall be made and become effective at the time the Department tenders final payment to the Bidder/Contractor. NO BID SUBMITTED: Please provide reason for No Bid in this Space VENDOR CONTACTS: Please provide the name, title, address, telephone number and address of the official contact and an alternate, if available. These individuals shall be available to be contacted by telephone regarding the solicitation and any resulting contract or purchase order. PRIMARY CONTACT: NAME, TITLE: ADDRESS: PHONE NUMBER: FAX NUMBER: ADDRESS: SECONDARY CONTACT: NAME, TITLE: ADDRESS: PHONE NUMBER: FAX NUMBER: ADDRESS: Page 1 of 24 FDC-ITB

10 TABLE OF CONTENTS TIMELINE... 4 SECTION 1.0 GENERAL CONTRACT CONDITIONS... 5 SECTION 2.0 INSTRUCTIONS TO RESPONDENTS... 5 SECTION 3.0 INTRODUCTORY MATERIALS Statement of Purpose Contract Term and Renewal Conflicts and Order(s) of Precedence Definitions Estimated Quantities Response Time... 6 SECTION 4.0 TECHNICAL SPECIFICATIONS Scope Changes after Contract Execution Sludge Analyses Sludge Treatment Biosolids Site Permit Bidder Disposal Record Bidder Disposal Sites Annual Application Site Residuals Summary Fines and/or Penalties Volume per Trip Sludge Loading Commencement of Services Records and Documentation Price Page Payment and Invoicing Security Guidelines Performance Outcomes and Standards Monitoring Methodologies SECTION 5.0 PROCUREMENT RULES AND INFORMATION Bidder Inquiries Cost of Bid Preparation Instructions for Bid Submittal Mandatory Documentation Disclosure of Bid Submittal Contents Bid Opening Bid Evaluation Basis of Award Disposal of Bids Rejection of Bids Bid Rules for Withdrawal Addenda Verbal Instruction Procedure/Discussions No Prior Involvement and Conflict of Interest State Licensing Requirements MyFloridaMarketPlace (MFMP) Registration Confidential, Proprietary, or Trade Secret Material E-Verify Vendor Substitute W Scrutinized Companies Page 2 of 24 FDC-ITB

11 5.21 Identical Tie Bids Inspector General Certificate of Authority SECTION 6.0 SPECIAL CONDITIONS State Initiatives Vendor Ombudsman Copyrights, Right to Data, Patents and Royalties Independent Contractor Status Assignment Severability Use of Funds for Lobbying Prohibited Employment of Department Personnel Insurance Legal Requirements Subcontracts ATTACHMENT I PRICE PAGE ATTACHMENT II - CERTIFICATION/ATTESTATION FORM ATTACHMENT III - SECURITY REQUIREMENTS FOR CONTRACTORS Page 3 of 24 FDC-ITB

12 TIMELINE FDC-ITB EVENT DATE/TIME LOCATION Release of ITB February 29, 2016 Vendor Bid System: Last day for written inquires to be received by the Department March 8, 2016 at 5:00P.M. Eastern Time Submit to: Florida Department of Corrections Denise Roberts, Procurement Officer Anticipated Posting of written responses to written inquires Sealed Bids Due and Opened Anticipated Posting of Recommended Award March 22, 2016 at 5:00 P.M. Eastern Time March 29, 2016 Must be received PRIOR to: 2:00 P.M. Eastern Time April 12, 2016 Vendor Bid System: Submit to: Florida Department of Corrections Denise Roberts, Procurement Officer 501 South Calhoun Street Tallahassee, Florida Vendor Bid System: Page 4 of 24 FDC-ITB

13 SECTION 1.0 GENERAL CONTRACT CONDITIONS (PUR1000) 1.1 The General Contract Conditions are outlined in form PUR 1000 which is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within form PUR There is no need to return this document with the response. SECTION 2.0 INSTRUCTIONS TO RESPONDENTS (PUR1001) 2.1 The General Instructions to Respondents are outlined in form PUR 1001 is a downloadable document incorporated in this ITB by reference. Any terms and conditions set forth within this ITB document shall supersede any and all conflicting terms and conditions set forth within form PUR There is no need to return this document with the response. SECTION 3.0 INTRODUCTORY MATERIALS 3.1 Statement of Purpose The purpose of this Invitation to Bid (ITB) is to secure competitive bids, from qualified Bidders, to provide sludge hauling, treatment, and disposal for twenty seven (27) Department facilities within the State of Florida. The facilities with addresses requiring services are listed on Attachment I, Price Page. The Bidder shall furnish the services in accordance with Section 4, Scope of Services. 3.2 Contract Term and Renewal As a result of this ITB, the lowest responsive, and responsible Bidder will be awarded a three (3) year term Contract, which may be renewed, for up to three (3) renewal years, or portions thereof, in accordance with Section (13), Florida Statutes (F.S.), at the same prices, terms, and conditions. 3.3 Conflicts and Order(s) of Precedence All bids are subject to the terms of the following sections of this ITB which, in case of conflict, shall have the following order of precedence: a) Addenda, in reverse order of issuance b) Invitation to Bid, including Attachments c) General Contract Conditions (Form PUR 1000) (Section 1.1) d) General Instructions to Respondents (Form PUR 1001) (Section 2.1) 3.4 Definitions The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings: Bid: A Bidder s response to this ITB, which the Bidder shall submit on approved forms. Breach of Contract: A failure of the Bidder(s) to perform in accordance with the terms and conditions of the Contract which may result from this ITB. Contract: The agreement which results from this ITB, between the awarded Bidder and the Department. Deliverables: Those services, items, and/or materials provided, prepared and delivered to the Department, in the course of the Contract performance. Deliverables shall be more specifically described in definable verifiable detail in the Specifications. Page 5 of 22 FDC-ITB

14 Department: The Florida Department of Corrections (FDC). Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed further. Material Deviation(s): The Department has established certain requirements with respect to bids submitted. The use of shall, must, or will (except to indicate the future) in this ITB indicates a requirement, or condition, which may not be waived by the Department, except where the deviation is not material. A deviation is material if, in the Department s sole discretion, the deficient response is not in substantial accord with the ITB s requirements, provides an advantage to one Bidder over other Bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department. Material deviations cannot be waived, and shall be the basis for determining a bid non-responsive. Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, giving the Bidder an advantage or benefit not enjoyed by other Bidders; does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a bid. Responsible Bidder: A Bidder who has the capability to fully perform all aspects of the resultant Contract requirements, and the integrity and reliability that will assure good faith performance. Responsive Bid: A bid, submitted by a responsive Bidder, which conforms to all material respects of the solicitation. Sludge/Biosolids/Residuals: a semi-solid slurry, produced as sewage waste from wastewater treatment processes, or as a settled suspension obtained from conventional drinking water treatment and numerous other industrial processes. Specifications: The detailed conditions of the Contract, detailed technical specifications, and other descriptions of the work, as are set forth in the Contract documents. Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Bidder, specifically related to securing, or fulfilling, the Bidder s obligations to the Department, under the terms of the Contract resulting from this ITB. Vendor or Bidder: A legally qualified corporation, partnership, person, or other entity submitting a bid to the Department, pursuant to this ITB. 3.5 Estimated Quantities Any quantities listed are given only as a guideline for preparing a bid, and should not be construed as representing actual quantities to be purchased. 3.6 Response Time The successful Bidder shall be able to begin providing services within ten (10) days after receipt of a resulting Contract. SECTION 4.0 TECHNICAL SPECIFICATIONS 4.1 Scope Changes after Contract Execution Page 6 of 22 FDC-ITB

15 During the term of the Contract, the Department may unilaterally require changes (altering, adding to, or deducting from the specifications) provided that such changes are within the general scope of this solicitation. The Bidder may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department. The Department shall provide written notice to the Bidder thirty (30) days in advance of any Departmentrequired changes to the technical specifications, and/or scope of service, that affect the Bidder s ability to provide the service as specified herein. Any changes, other than purely administrative changes, will require a written Contract amendment. 4.2 Sludge Analyses The Department will perform all required sludge analyses for each facility in accordance with the respective operating permit for each Waste Water Treatment Plants (WWTP), and also in accordance with Rule , Florida Administrative Code (F.A.C). Copies of the sludge analyses will be made available to the Bidder, to ensure the proper hauling, and disposing of the sludge at each facility. 4.3 Sludge Treatment The Bidder will pick up untreated biosolids from the WWTP, haul those biosolids to its permitted Biosolids Management Facility, and treat the sludge to a level meeting Class B standards, as defined in Rule , F.A.C. 4.4 Biosolids Site Permit The Bidder, for each facility, shall be required to submit a request for permitting, to treat sludge, to the Florida Department of Environmental Protection (DEP) and also any Minor Permit Revision(s), if necessary. The Bidder shall provide the Department a copy of the completed submittal. The Bidder shall pay all costs associated with compiling, and submitting a biosolids permit, and the Minor Permit Revision(s) including the permit fee to process any permit revision(s). 4.5 Bidder Disposal Record The Bidder shall provide a sludge hauling record, to the Department, within 14 days after the sludge has been removed, from the WWTP. The hauling record shall indicate the quantity of sludge removed and the name of treatment facility receiving the sludge. 4.6 Bidder Disposal Sites During periods of heavy or prolonged rainfall events, the groundwater table may rise to within two (2) feet of the ground surface and render a disposal site unusable. In those instances, the Bidder shall haul the sludge to an alternate site at the request of the WWTP operator. The Bidder shall provide the Department with a list of alternate DEP-approved, and permitted sites that may be used for disposal, listed by each facility. 4.7 Annual Application Site Residuals Summary The operating permit for each WWTP requires that an annual application site residuals summary be submitted to DEP. It shall be the Bidder s responsibility to maintain the required disposal records, including the loading rates for nitrogen and metals, compile the annual residuals summary, and submit it to Page 7 of 22 FDC-ITB

16 DEP in accordance with the schedule indicated in the operating permit for each WWTP. The Bidder shall provide the Department with a copy of the annual residuals summary. 4.8 Fines and/or Penalties The Bidder shall be completely responsible for the sludge once it is loaded onto the Bidder s truck. The Bidder shall maintain all records, properly haul, and dispose of the sludge in strict accordance with Rule , F.A.C. The Bidder s responsibility shall include compiling and submitting the annual residuals summary to DEP. If any fines and/or penalties are assessed by DEP, for not properly performing any aspect of the record keeping, hauling or disposal of the sludge, the Bidder shall be solely responsible for payment. 4.9 Volume per Trip For WWTPs larger than Million Gallons Per Day (MGD), the Bidder can expect a load of 5,000 to 6,000 gallons per trip. On WWTPs between and MGD, the Bidder can expect a load of 1,000 gallons per trip. On WWTPs less than MGD, the volume per trip may be as little as 500 gallons Sludge Loading Generally, each WWTP is equipped with a sludge digester tank. The sludge will be hauled in liquid form. It shall be the Bidder s responsibility to provide the labor, truck, and necessary pumping equipment to load the sludge. At the facilities where the sludge is dried before disposal, the Department will provide labor, and equipment to load the dried sludge to the Bidders truck Commencement of Services After a Contract has been awarded for each facility, the successful Bidder shall, at their expense, compile and submit to DEP an updated Biosolids Application Site Permit, and a Minor Revision to add the facility. Once DEP has approved the permit revision, the Bidder will be notified to commence services. The Department cannot predict how long it will take DEP to process the permit revision. If the Bidder is already listed at the WWTP as the approved firm to haul and dispose of the sludge, it will not be necessary to modify the permit Records and Documentation Information associated with the Bidder s provision of service under the resulting Contract, or generated as a result the Contract, meets the definition of public record, as defined in Section (1), F.S., and is recognized by the parties to be a public record. Absent a provision of law, administrative rule, or regulation requiring otherwise, this information shall be made available for inspection, and copying, by any person, upon request, as provided in Article I, Section 24, Fla. Constitution and Chapter 119, F.S. The Bidder agrees to: (a) keep and maintain public records that would ordinarily, and necessarily, be required by the Department when providing the contracted service; (b) allow the Department, and public, access to records in accordance with the provisions of Chapter 119 and Section , F. S.; (c) ensure that public records which are exempt from public records disclosure requirements, or are confidential, are not disclosed, except as authorized by law; and (d) meet all requirements for retaining public records, and transferring them to the Department, at no cost. All records stored electronically must be provided to the Department in a format compatible with the Department s information technology (IT) systems. Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this ITB shall be retained by the successful Bidder for a period of five (5) years after the end of the resulting Contract, or any renewal or extension period of the Contract, if applicable. The Bidder s failure to comply with these provisions shall constitute sufficient cause for Contract termination. Page 8 of 22 FDC-ITB

17 The Bidder further agrees to hold the Department harmless from any claim, or damage, including reasonable attorney s fees and costs, or from any fine or penalty imposed as a result of failure to comply with the public records law, or improper disclosure of confidential information. The Bidder also promises to defend the Department against the same at its expense Price Page The Bidder shall complete, sign, date, and return Attachment I, entitled Price Page. By submitting a bid under this ITB, each Bidder warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Bidder can offer the State. Any modifications, counter offers, deviations, or challenges will not be accepted, and may render a bid non-responsive. If a submitted Price Page includes inconsistencies, inaccuracies, or is incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail Payment and Invoicing The Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the Bidder for the services as specified on Attachment I, Price Page. All charges must be billed in arrears, in accordance with Section , F.S. The Bidder s invoices must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/fein, Contract number, and dates of service Security Guidelines For services performed under the resultant Contract, the successful Bidder, and its employees and agents, shall adhere to Attachment III, Security Requirements for Contractors Performance Outcomes and Standards The Department desires to Contract with a Bidder who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under any Contract resulting from this ITB. Therefore, the Department has developed the following Performance Measures, which shall be used to measure performance and delivery of services. The Bidder shall ensure that the stated Performance Standards (level of achievement) are met. A description of each Performance Measure is provided below: Performance Measure #1 Requirement: Measure: Standard: The Bidder shall respond timely to each request for sludge removal. Calls will be returned, and services rendered within five (5) days of the first request. Calls requesting service will be logged and tracked at each Waste Water Treatment Plant (WWTP). 98 % of all requests for service will be completed within five (5) days. Financial Consequence: The Bidder shall be assessed Financial Consequences on a monthly basis, as applicable. A Financial Consequence of $50.00 will be imposed on the 6 th day after the request for service, and an additional $5.00 will be imposed for each day thereafter. Performance Measure #2 Page 9 of 22 FDC-ITB

18 Requirement: Measure: Standard: The Bidder shall remove and transport liquid and/or dry sludge, in accordance with Section 4 of this ITB. Sludge removal and waste hauling shall be completed in a sufficient and accurate manner, in accordance with this ITB. 98% of the Total Haul will be removed each month, by the Bidder, in response to all requests for service. The Total Haul represents the total amount of sludge to be removed from a WWTP, at a given time, as requested. Financial Consequence: The Bidder shall be assessed Financial Consequences, on a monthly basis, as applicable. Consequences shall be imposed using the following formula: Other Contract Requirements (Total Haul, in gallons, for the month) x (Cost per Gallon) x 1.5% Example: 25,000 gallons x $ x = $54.56 Requirement: Measure: The Bidder shall comply with the Terms and Conditions of the resultant Contract. Compliance with all other Contract requirements, including, but not limited to the following: Accuracy, thoroughness, and timely submission of invoicing, supporting documentation and reports; All Corrective Action Plans shall be timely submitted (when applicable); Standard: 95% compliance with all requirements Financial Consequence: The Bidder shall be assessed Financial Consequences, on an annual basis, as applicable, in accordance with the following formula: (Total annual value of the Contract)(Number of unresolved deficiencies identified)(0.1%) Example: $18, x 12 months = $218,250 Total annual Contract value For two (2) unresolved deficiencies, $218,250 x 2 x 0.001=$ Performance shall be measured on an ongoing basis, and monitoring shall occur at least once every six (6) months. Written notification will be used to outline any deficiencies for which Financial Consequences are being imposed. The Contract Manager will deduct the amount of any Financial Consequences from the Bidder s next monthly invoice. If the Contract Manager is unable to deduct this amount from the Bidder s next invoice, the Bidder shall provide payment via cashier s check or money order to the Department. By execution of any Contract resulting from this ITB, the Bidder hereby acknowledges and agrees that its performance under the resulting Contract shall meet the standards set forth above. Any failure to achieve Performance Measures identified above may result in the assessment of Financial Consequences. Any such assessment and/or subsequent payment thereof shall not affect the Bidder s obligation to provide services as required by any Contract resulting from this ITB. Page 10 of 22 FDC-ITB

19 4.17 Monitoring Methodologies The Department s Contract Manager, designee, or the Local Contract Coordinator, will perform monitoring, during the term of the Contract, not less than twice a year to ensure Contract compliance. Monitoring shall include periodic review of compliance with Contract service delivery and review of all Contract requirements. The Department reserves the right for any of its staff to make scheduled, or unscheduled, announced, or unannounced, monitoring visits at any site where services are delivered. When instances off non-compliance are identified in the monitoring report, the Bidder shall submit a written Plan to the Contract Manager, designee, or the Local Contract Coordinator within the timeframe specified by the Department. If necessary, a follow-up monitoring visit shall be scheduled by the Contract Manager, designee, or the Local Contract Coordinator to ensure compliance and performance improvement. Failure by the Bidder to correct the items identified as being deficient, including staffing patterns, shall be considered a breach of the Contract. The Department may utilize any or all of the following monitoring methodologies while monitoring the Bidder s performance under the Contract, and in determining compliance with Contract terms and conditions: a. Site Visits (announced and/or unannounced); b. Desk review(s) of records related to service delivery (shall include any documents and databases pertaining to the Contract, and may be based on all documents and data, or a sampling of the same, whether random or statistical); c. Interviews and/or surveys with the Bidder and/or Department staff and offenders; d. Review of grievances filed by offender(s) regarding the Bidder s service delivery; and e. Review of monitoring, audits, investigations, reviews, evaluations, or other actions, by external agencies, as applicable. SECTION 5.0 PROCUREMENT RULES AND INFORMATION 5.1 Bidder Inquiries Questions related to this ITB must be received in writing, via , by the Procurement Officer listed below, within the time indicated in the Timeline. Oral inquiries, or those submitted after the period specified in the Timeline, will not be acknowledged. Responses to questions will be posted on the Vendor Bid System (VBS) on or about the date referenced in the Timeline. The VBS is located at: Procurement Officer Contact Information Denise Roberts, CPPB, Procurement Officer Florida Department of Corrections Bureau of Support Services purchasing@mail.dc.state.fl.us Between the release of the solicitation, and the end of the seventy-two (72) hour period following posting of notice of intention to award (the seventy-two (72) hour period excludes Saturdays, Sundays, and State holidays), Bidders responding to this solicitation, or persons acting on their behalf, may not contact any employee, or officer, of the executive, or legislative branches of government, concerning any aspect of this solicitation, except in writing to the Procurement Officer as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response, Section (23), F. S. Any person requiring special accommodation in responding to this solicitation, because of a disability, Page 11 of 22 FDC-ITB

20 should call the Bureau of Support Services, at , at least five (5) days prior to any presolicitation conference, solicitation opening or meeting. If you are hearing or speech impaired, please contact the Bureau of Support Services by using the Florida Relay Service, which can be reached at (TDD). Interested parties are encouraged to carefully review all the materials contained herein and prepare bids accordingly. 5.2 Cost of Bid Preparation Neither the Department, nor the State of Florida, is liable for any costs incurred by a Bidder in response to this ITB. 5.3 Instructions for Bid Submittal Each bid response shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder s capabilities to satisfy the requirements of this ITB. Elaborate bindings, colored displays, and promotional material are discouraged. Emphasis in each bid must be on completeness and clarity of content. In order to expedite the review of bids, it is essential that Bidders follow the format and instructions. Bids may be sent by U.S. Mail, Courier, Overnight, or Hand Delivered to the location indicated in the Timeline. Electronic submission of bids will not be accepted for this ITB. All bids must be submitted in a sealed envelope/package with the relevant ITB number and the date and time of the bid opening clearly marked on the outside of the envelope/package. It is the Bidder s responsibility to assure its bid submittal is delivered to the proper place and time as stipulated in the Timeline. The Department s clocks will stamp bids received, and provide the official time for bid opening. Late bids will not be accepted. Bidders should complete, sign, and return the ITB Acknowledgement Form (Page 1) with the bid submittal. Submit one (1) original bid, and one (1) electronic copy in PDF format on a CD. The electronic copy must contain the entire bid, as submitted, including all supporting and signed documents. If the Bidder submits a redacted copy of the bid, as outlined in Section 5.17, the Bidder should submit one (1) redacted hard copy and one (1) redacted electronic copy, in PDF format (in addition to the non-redacted version), on CD. CDs submitted should not be password protected. 5.4 Mandatory Documentation All Bidders must submit the following mandatory documentation with their submittal: Price Page Attachment I Certification/Attestation - Attachment II 5.5 Disclosure of Bid Submittal Contents All documentation produced as part of this solicitation shall become the exclusive property of the Department, and may not be removed by the Bidder or its agents. All bids shall become the property of the Department and shall not be returned to the Bidder. The Department shall have the right to use any or all ideas, or adaptations of the ideas presented in any bid response. Selection or rejection of a bid shall not affect this right. 5.6 Bid Opening Page 12 of 22 FDC-ITB

21 Bids are due, and will be publicly opened, at the time, date, and location specified in the Timeline. Bid responses received late (after bid opening date and time) will not be accepted, nor considered, and modification by the Bidder of submitted bids will not be allowed, unless the Department has made a request for additional information. Department staff will not be held responsible for the inadvertent opening of a bid response if it is not properly sealed, addressed or identified. The name of all Bidders submitting bids will be made available to interested parties, upon written request to the Procurement Officer. 5.7 Bid Evaluation Bids that do not meet the requirements specified in this ITB may be considered non-responsive. The Department reserves the right to accept, or reject, any and all responses, or separable portions thereof, and to waive any minor irregularity, technicality, or omission(s), if the Department determines that doing so will serve its best interest(s). The Department may reject any response not submitted in the manner specified by the solicitation documents. 5.8 Basis of Award Multiple Contract awards shall be made to the responsive, responsible Bidder(s) offering the lowest Total Cost, per site, for the services indicated in this ITB. In the event the Bidder(s) with the lowest Total Cost, for each site, is found non-responsive, the Department may proceed to the next lowest responsive Bidder, and continue the award process. Prices must be firm, and where products are included, shall include all packaging, handling, shipping and delivery charges, including environmental, and fuel service fees. 5.9 Disposal of Bids All bids become the property of the State of Florida and will be a matter of public record, subject to the provisions of Chapter 119, F.S Rejection of Bids The Department reserves the right to reject any and all bids to this ITB Bid Rules for Withdrawal A submitted bid may be withdrawn by submitting a written request for its withdrawal to the Department. The withdrawal request must be signed by an authorized representative of the Bidder, and must be received within 72 hours after the bid submission date indicated in the Timeline. Any submitted bid shall remain valid for 180 days from the bid submission date, unless a different amount of time is indicated on the ITB Acknowledgement Form (Page 1) Addenda If the Department deems it necessary to supplement, modify, or interpret any portion of the solicitation or exhibits, addenda and materials relative to this procurement, information will be posted on the Florida Vendor Bid System ( Interested parties are responsible for monitoring this site for new, changing, or clarifying information relative to this solicitation Verbal Instruction Procedure/Discussions Page 13 of 22 FDC-ITB

22 The Bidder shall not initiate, or execute, any negotiation, decision, or action arising from any verbal discussion with any State employee. Only written communications from the Department s Procurement Officer are considered duly authorized expressions on behalf of the State. Additionally, only written communications from a Bidder are recognized as duly authorized expressions on behalf of the Bidder. Any discussion by a Bidder with any employee, or representative of the Department, involving cost or price information, occurring prior to posting of the Notice of Agency Decision, may result in rejection of said Bidder s response No Prior Involvement and Conflict of Interest Section (17)(c), F.S., provides, A person who receives a contract that has not been procured pursuant to Subsections (1)-(3) to perform a feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a solicitation or who develops a program for future implementation, is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest in not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency. The Department considers participation in a solicitation to be any actions related to the decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or functioning in any other advisory capacity. The Bidder shall not compensate, in any manner, directly or indirectly, any officer, agent or employee of the Department, for any act or service which he/she may do, or perform, for, or on behalf of, any officer, agent, or employee of the Bidder. Officers, agents, or employees of the Department shall not have any interest, directly or indirectly, in any Contract or purchase made, or authorized to be made, by anyone for, or on behalf of, the Department. The Bidder shall have no interest, and shall not acquire any interest, that conflicts in any manner, or degree, with the performance of the services required under this ITB State Licensing Requirements All entities defined under Chapters 607, 617 or 620, F.S., seeking to do business with the Department shall be on file and in good standing with the State of Florida, Department of State MyFloridaMarketPlace (MFMP) Registration Each Bidder doing business with the State of Florida as defined in Section F.S., must register in the MFMP Vendor Information Portal (VIP) system, unless exempted under Rule 60A-1.030, Florida Administrative Code (F.A.C.). State agencies shall not enter into an agreement for the sale of commodities or contractual services, as defined in Section , F.S., with any Bidder not registered in the MFMP VIP system, unless exempted by Rule. A Bidder not currently registered in the MFMP VIP system shall do so within 5 days of award. Registration may be completed at: Those needing assistance may contact the MFMP Customer Service Desk at or vendorhelp@myfloridamarketplace.com Confidential, Proprietary, or Trade Secret Material The Department takes its public records responsibilities as provided under Chapter 119, F.S. and Article I, Section 24 of the Florida Constitution, very seriously. If the Bidder considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, the Bidder Page 14 of 22 FDC-ITB