BIOSOLIDS MANAGEMENT RFP NUMBER 15-02

Transcription

1 REQUEST FOR PROPOSAL CHARLES COUNTY, MARYLAND BIOSOLIDS MANAGEMENT RFP NUMBER October 2, 2014 Prepared For: Charles County Department of Public Works, Utilities Division

2 PART I - Table of Contents INSTRUCTIONS TO OFFERORS PREPARATION OF PROPOSAL... I-1 CONTRACT INFORMATION... I-9 PROPOSAL CONTENT... I-12 PROPOSAL EVALUATION PANEL AND CRITERIA FOR EVALUATION I-17 SOCIO-ECONOMIC PROGRAMS... I-19 MISCELLANEOUS TERMS... I-20 FORMS... I-25 PART II - GENERAL PROVISIONS GENERAL PROVISIONS... II-1 PART III - SPECIAL PROVISIONS GENERAL... III-1 SCOPE OF SERVICES... III-2 SCOPE OF WORK... III-14 APPENDICES APPENDIX 1 BIOSOLIDS ANALYSIS... APP-1 APPENDIX 2 ELECTRIC USAGE... APP-4 APPENDIX 3 FACILITY MAPS... APP-5 APPENDIX 4 EXAMPLE MDE ANNUAL SEWAGE SLUDGE GENERATORS REPORT... APP-7 i

3 PART I - INSTRUCTIONS TO OFFERORS

4 PREPARATION OF PROPOSAL GENERAL PROPOSAL INFORMATION The Commissioners of Charles County are soliciting proposals from qualified contractors to provide biosolids management including all services required to process, dewater, stabilize, transport, store, and ultimately dispose of wastewater biosolids produced from Mattawoman Wastewater Reclamation Facility (WRF) and provide maintenance for all associated equipment with the work. As used herein, the term County shall refer to the Government of Charles County, Maryland. The terms bidder, offeror, proposer, quoter, etc. shall be synonymous and shall mean the individual or firm submitting a response to this solicitation. In like manner, the terms bid, offer, proposal, quote, etc., shall be synonymous and shall refer to a response submitted to this solicitation. The term Contract shall mean the agreement between the County and the offeror selected, whether issued by formal contract, award letter, purchase order, or any other means acceptable to the County. The term Successful Offeror and Contractor shall mean the Offeror selected for award, based upon the proposal submitted in response to this solicitation. 1.2 SOLICITATION FORMS Price Proposal Form Proposal price shall be submitted on the Price Proposal Form (pgs. I-26 & I-27), attached hereto. The unit price shall include all costs, including but not limited to: direct costs, indirect costs, mobilization, loading, transport, storage charges, disposal charges, overhead, and profit to the contractor in fulfillment of this contract. All blank spaces of the form shall be fully completed; the proposed Total Proposed Price shall include all work as stipulated in the Scope of Work. The form must be signed by an officer authorized to make a binding commitment for the firm proposing. Offerors shall provide a cost breakdown of the Total Proposal Price as shown on the Price Proposal Form. See Part I, Section 3.0 Proposal Contents for additional instructions related to proposal contents. The quantities of work described in these solicitation documents are the County s best estimates and are to be utilized for purposes of evaluation only. Quantities are not guaranteed and are not to be interpreted as such. The 3,900 dry tons per year of biosolids production at the Mattawoman WRF is an estimate only and the County makes no guarantees as to the actual yearly weight of biosolids disposed Offeror s Experience Project Summaries Offerors shall have a minimum of five (5) years of successful, demonstrated experience actively engaged as a general contractor in the management and disposal of wastewater biosolids within any State located in the United States of America. Offerors shall provide a minimum of three (3) project summaries on the Offeror s Experience Project Summary form (pg I-28) documenting projects similar in character and scope to the work specified under this project and which have been successfully completed or are currently in progress by this Offeror in the last ten (10) years. A separate form shall be completed for each project. These projects shall identify references that possess first-hand knowledge of the quality and performance of facilities operated by the proposed team submitted in Section 2.0 Technical I-1

5 Proposal of the Offeror s proposal submission. See Part I, Section 3.0 Proposal Contents for additional instructions related to proposal contents. This information must be furnished by each Offeror. The term completed means accepted and final payment received from the owner or authorized representative. The term in progress means work has not been completed. Firms which, in the sole opinion of the County, lack sufficient specific experience, may be deemed non-responsible, and will not receive consideration for this project Offeror s Equipment Form Offerors shall identify all equipment (owned, to be purchased, or rented/leased) valued at over $5,000 per item to be used in the course of work solicited in this Request for Proposals. The Offeror s Equipment Form (pg I-29) shall be included in Section 2.0 Technical Proposal of the Offeror s proposal submission as described in Part I, Section 3.0 Proposal Contents of this solicitation package. Equipment contained on this list is subject to inspection by the County, represented by the Department of Public Works, prior to contract award. Documentation proving legal ownership or lease of all equipment to be used in the execution of work as a result of this solicitation shall be provided at the time of equipment inspection Additions/Modifications to Solicitation Forms Modifications of or additions to the Price Proposal Form or any other County form may be cause for rejection of the proposal, however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a proposal as nonresponsive. As a precondition to acceptance, the County may, in its sole discretion, request that the Offeror withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery. 1.3 PROPOSAL CONTENT Proposals must be responsive to the scope, specifications, and all other criteria specified herein. All proposals shall be valid and irrevocable for a minimum of one hundred eighty (180) days from the due date. No exceptions may be taken to the requirements of this solicitation. By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the contract. 1.4 PROPOSAL SUBMISSION Offerors shall submit Proposals in accordance with the following requirements: Technical Proposal Package The copies of the Technical Proposal package should include the following: Narrative and submission requirements as described in Part I, Section 3.0 (pg. I-12), including responses to Sections 1.0, 2.0, and 3.0. Information contained in Sections 4.0 and 5.0 of the proposal submission shall not be included in the Technical Proposal package. Offerors shall not submit any solicitation forms in the bound copies of the technical proposal. THERE MUST BE NO PRICE INFORMATION IN THE TECHNICAL PROPOSAL. FAILURE TO COMPLY MAY RESULT IN REJECTION OF YOUR PROPOSAL. I-2

6 The Offeror must submit six (6) numbered copies of the Technical Proposal package. Each copy of the Technical Proposal should be printed double-sided on 8 ½ x 11 with pages numbered consecutively in the bottom right-hand corner (exclusive of the title page, table of contents, and any sectional dividers). Left and right margins must be at least one inch. Copies shall be provided in loose-leaf, three-ring binder form. Binders shall be no larger than 3 in thickness. Drawings and schematics are permitted on 11 x 17 foldout pages. All copies shall be submitted in one sealed envelope/package labeled with the Company s name and address and marked Technical Proposal Original Proposal Package The Original Proposal package shall include the following: All original copies of proposal documents contained in Part I, Section 3.0 Proposal Contents, including responses to Sections 1.0, 2.0, and 3.0. Offeror submissions for Section 4.0 and 5.0 as described in Part I, Section 3.0 Proposal Contents. One (1) copy of the Original Proposal package in Adobe PDF format on USB flash drive. Offerors shall submit one (1) unbound original and one (1) unbound copy of the Original Proposal package in separate sealed envelope/package from the Technical Proposal package labeled with the Company s name and address and marked Originals Package Submission Technical and Original Proposal envelopes shall be sealed in a package marked RFP No , BIOSOLIDS MANAGEMENT DO NOT OPEN and submitted to: Shanna Reese, Assistant Chief of Purchasing Charles County Government Address for USPS Mail delivery*: Physical address for courier delivery: P.O. Box Baltimore Street La Plata, MD La Plata, MD *NOTE: Due to a remote USPS mail delivery site and Charles County mail processing times, additional time may be necessary for mail delivery. It is the Offeror s responsibility to ensure that proposals are delivered to the Purchasing Office (Room #B130) before the due date and time. Any proposals not received timely will not be considered 1.5 SOLICITATION SCHEDULE This schedule may be subject to change. Offerors shall monitor the Bid Board accordingly for addendums. I-3

7 Milestone RFP Published October 2, 2014 Pre-Proposal Meeting & Site Visit #1 Site Visit #2 Date October 15, 2014 at 10:00 am October 22, 2014 at 10:00 am Site Visit #3 Last Day for Questions October 28, 2014 at 10:00 am October 29, 2014 before 4:30 pm Last Day for Addendums November 13, 2014 Proposals Due to County November 21, 2014 before 11:00 a.m. 1.6 MANDATORY PRE-PROPOSAL MEETING LOCATION A mandatory pre-proposal meeting will be held at the Mattawoman Wastewater Treatment Plant, 5310 Hawthorne Rd., La Plata, MD Report to Building #1B to sign in and be directed to the meeting. Please arrive no later than 9:45 a.m. due to the time requirements for checking into the facility. 1.7 MANDATORY SITE VISITS LOCATION Mandatory site visits will be conducted at Mattawoman Wastewater Treatment Plant, 5310 Hawthorne Rd., La Plata, MD Report to Building #1B to sign in. These will be the only opportunities for site visits. Due to safety restrictions at the site, all visitors proceeding to the site location are recommended to wear steel-toed shoes/boots during the site visit portion of the meeting. Offerors shall attend a minimum of two (2) site visits in order to submit a proposal in response to this solicitation. 1.8 SOLE POINT OF CONTACT The Purchasing Representative identified herein is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between Offerors and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. OFFERORS OR ANY OF THEIR AUTHORIZED REPRESENTATIVES MAY NOT INITIATE CONTACT WITH CHARLES COUNTY GOVERNMENT OTHER THAN THE CONTACT IDENTIFIED BELOW, FOR ANY REASON DURING THE PROCUREMENT PROCESS OR PRIOR TO FULL CONTRACT EXECUTION. Any communication outside this process may result in disqualification. 1.9 Purchasing Representative Shanna Reese, Assistant Chief of Purchasing Purchasing Office Reeses@Charlescountymd.gov Fax: (301) QUESTIONS All inquiries concerning technical or bidding information should be directed in writing (via or fax) with the solicitation number and name in the subject line to the Purchasing I-4

8 Representative identified in Part I, Section 1.8 Sole Point of Contact. Please see the Solicitation Schedule, above, for the due date for questions DUE DATE FOR SUBMISSION OF PROPOSALS Please see the Solicitation Schedule, above, for the due date and time for proposals. Proposals are due in the Purchasing Office (Room #B130) before the due date and time specified. It is the Offeror s responsibility to ensure that proposals are delivered to the Purchasing Office before the due date and time. Submission, modification, or withdrawal of proposals after the due date/time will NOT be considered. All proposals shall be valid and irrevocable for a minimum of one hundred eighty (180) days from the due date ADDENDA AND SUPPLEMENTS In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the Offeror to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Offeror shall acknowledge in their proposal, the receipt of all addenda, supplements, amendments, or changes to the solicitation that were issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement. If any person contemplating submitting a proposal in response to this solicitation is in doubt as to the true meaning of any part of the solicitation, they may submit to the County, a minimum of fourteen (14) calendar days prior to the scheduled due date, a written request for an interpretation or correction thereof. The person submitting the request will responsible for its prompt delivery. Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued, and will be posted on the County Bid Board found at Click on Procurement Opportunities and then Bid Board. Any and all addenda issued prior to the proposal due date/time shall become a part of the contract documents and shall be covered in the bid prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Offeror to check the County Bid Board as frequently as necessary to obtain all updates and addenda to the solicitation BID SECURITY A five percent (5%) Bid Bond from a surety licensed to do business in the State of Maryland and satisfactory to the COUNTY, certified check, or bank Cashier s/treasurer s Check shall accompany the proposal or the proposal will not be considered. Bid Bonds shall have the accompanying Power of Attorney. The Bid Bond shall be based upon the Total Proposed Price from the Price Proposal Form. Bid securities shall be returned promptly after the County and the selected offeror have executed the contract, or, if no offeror s proposal has been selected within one hundred eighty (180) consecutive calendar days after the due date for proposals, upon the demand of the Offeror at any time thereafter, as long as the offeror has not been notified of acceptance of his proposal. The Offeror, to whom the contract shall have been awarded, shall be required to execute the contract in accordance with the terms and conditions herein. If the Offeror selected for award fails or refuses to execute the contract and/or fully comply with requirements of this solicitation their bid I-5

9 security shall be forfeit to the County as liquidated damages in accordance with the terms and conditions contained herein PERFORMANCE AND PAYMENT BONDS A Performance Bond and Labor & Material Payment Bond in the amount of one-hundred percent (100%) of the contract price will be required for this project and contract, from sureties licensed to do business in the State of Maryland and satisfactory to the COUNTY, and shall be submitted to the County at the time of contract execution by the Offeror within the timeframes required herein. Premiums for the bonds described above shall be paid by the Contractor. Bonds shall contain a provision that it shall not be cancelled, non-renewed or materially altered without at least ninety (90) days written prior notice to the County. After the start of a new Contract or extension year, the County may consider reducing the bonding percentage of the Performance Bond and the Labor & Material Bond. If all work has been completed to the satisfaction of all regulatory agencies and the County and if the Successful Offeror provides documentation that all payments to equipment suppliers, employees, or any other debts incurred by the Successful Offeror for the previous year of this Contract have been paid, the County may permit the Successful Offeror to reduce the performance bond and the labor and material bond by twenty five (25) percent for the next contract year. Bonding requirements may not be reduced below fifty (50) percent during the contract term or extension years PERFORMANCE DATA: Offerors shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time SIGNATURES The Price Proposal Form must be signed by an officer authorized to make a binding commitment for the firm submitting the Proposal REJECTION OF BIDS/PROPOSALS Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be sufficient for the disqualification of an Offeror and the rejection of its bid: Evidence of collusion among Offerors. Lack of competency revealed by financial statements, experience, equipment statements, or other factors. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the Offeror. Default on a previous similar contract for failure to perform. Being delinquent in payments due to Charles County Government. The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County ARITHMETICAL ERRORS Any errors in computations may be corrected during the County s review of the proposals. The I-6

10 County shall not be responsible for Offeror computation errors contained on the Price Proposal Form. All values contained on the Price Proposal Form remain the responsibility of the Offeror. Where the unit price and the extension price are at variance, the unit price will prevail ELIGIBILITY FOR AWARD By submitting a proposal in response to this solicitation, the Offeror certifies that their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government. The firm certifies that it is not delinquent in any payments due to Charles County Government. The County reserves the right to refuse proposals and/or not contract with firms in a delinquent payment status with Charles County Government COMMUNICATIONS Contact with any County representative concerning this RFP, other than as stated herein, is prohibited. County representative shall include, but not be limited to all elected and appointed officials, County employees, and members of the Evaluation Committee DISCLAIMER All information contained in this RFP is based on the best data available. The County, however, does not warrant the accuracy of this information or the underlying data. Each Offeror bears the responsibility for making its own assessment of the information and posing questions according to the procedures set forth herein EVIDENCE OF OFFEROR RESPONSIBILITY The County may require the Offeror to submit additional information regarding financial responsibility, technical expertise, and other qualifications, and may consider any information otherwise available concerning those qualifications. The County may make such investigation, as it deems necessary, to determine Offeror responsibility, to verify Offeror performance in similar installations, to determine reliability and suitability for intended use of products offered, and to verify the accuracy of information contained in Offeror s Proposal OFFEROR INVESTIGATIONS Prior to submitting a proposal, each offeror shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the Offeror will rely upon. No assertions of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the Successful Offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Successful Offeror ORAL PRESENTATIONS The County may request, at its discretion, that some or all Offerors make oral presentations of their qualifications or to substantiate any portions of Proposals submitted. The County s Purchasing Office will schedule such presentations. Offerors may be instructed to limit the number of representatives and the time for the oral presentation. Such presentations will provide Offerors with an opportunity to answer any questions the Evaluation Committee may have on an I-7

11 Offeror s Proposal. Not all Offerors may be asked to make an oral presentation or provide a best and final offer DISCUSSIONS WITH OFFERORS Notwithstanding anything contained in this RFP, after the Purchasing Office computes the Offerors final scores, discussions may be conducted with responsible Offerors whose Proposals have been determined by the Evaluation Committee to be eligible for award. Discussions may be held for purposes of clarification to assure full understanding of and responsiveness to the RFP requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of Proposals, and revisions may be permitted after submissions and before award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from Proposals submitted by competing Offerors BEST AND FINAL OFFERS The Purchasing Office shall notify each responsive, responsible Offeror of the scope of the requested best and final offer. The Purchasing Office shall establish a date and time for the submission of best and final offers and discussions. If more than one submission of best and final offers is requested, an Offeror s immediate previous offer shall be construed as its best and final offer unless the Offeror submits a timely notice of withdrawal or another best and final offer. The Chief of Purchasing may consult with and seek the recommendation of the Evaluation Committee during the best and final offer process. The County shall consider best and final offers to be irrevocable for ninety (90) days from the date of their submission. I-8

12 CONTRACT INFORMATION AWARD OF CONTRACT The County intends to award this contract on the basis of a combination of the evaluation of the offerors experience and qualifications, as well as the fee proposed. The County shall review responsiveness and responsibility of Offerors proposals. Award will not be based upon price alone, and this solicitation does not commit the County to award a contract or to award to that firm which has submitted the lowest fee. In addition, the County reserves the right to accept any proposal either in part or in its entirety. The contract entered into with the Successful Offeror shall meet all standard provisions required by the County and by any involved government agencies. The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Subcontractors may not be used in the conduct of this contract without express written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. The Contract documents will consist of the Contract, this Solicitation, the Offeror s proposal, and any addenda or other modifications to the solicitation. 2.2 CONTRACT EXECUTION The successful Offeror to whom the contract shall have been awarded shall be required to execute the contract on the form attached hereto (or as authorized by the County) and shall furnish all requirements due at contract execution, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein. 2.3 DEFAULT AND SUSPENSION If an offeror who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of award or an alternate date specified by the Chief of Purchasing, the Offeror may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Offeror. In the event of such default, award may then be made to another Offeror determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for proposals as deemed if deemed in the best interests of the County. A contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the Contract, by: failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing. In such instance, the Contractor s performance and/or payments bonds, if any, may be exercised, and the Contract terminated and awarded to another Offeror if determined to be in the best interest of the County. An offeror/contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Offeror/Contractor to have defaulted. This I-9

13 determination by the Chief of Purchasing shall be final, and not subject to appeal. 2.4 TERM OF CONTRACT The Contract shall be valid from March 1, 2015 to June 30, 2020, with options for four (1) year extensions at the sole option of the County. Each one year extension term shall commence on July 1 and expire on June 30 the following calendar year. All one-year extensions will be subject to the availability of appropriation of County funds. The following work periods apply to this Contract: Preliminary Work Period: March 1, 2015 June 30, 2015 Base Period: July 1, 2015 June 30, The Preliminary Work Period will allow for the completion of activities, under the Contract, that are required in order for the Facility to commence operations. The Preliminary Work must not interfere with the work current contractor is performing. Pricing Adjustment for Extension Years: Unit prices shall remain firm during the Base Period of the Contract. During the Base Period, pricing shall be adjusted at the beginning of each Contract year at the unit prices proposed on the Price Proposal Form. During each extension year, at the written request of the successful Offeror to the Chief of Purchasing, pricing shall be adjusted by the percentage change in the CPI from the previous year. For purposes of this agreement, the CPI is defined as the Consumer Price Index for All Urban Consumers, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each subsequent year of the Contract shall be the last published percentage change in the CPI (for the previous 12 months) on May 1 st preceding the anniversary date of the Contract. The County may, in the event of extraordinary circumstances and not more than twice during the Contract extension periods, review and approve equitable requests for rate adjustments submitted in writing by the Contractor. The Contractor shall be required to submit working papers, limited to five (5) pages in length, as required in Part III, Section detailing full justification for the requested rate adjustment. The Chief of Purchasing and Contracting Officer shall review requests for equitable rate adjustments and the Contracting Officer, or designee, shall either approve or deny the request in writing. The final rate adjustment determination made by the Contracting Officer, or designee, is final and not subject to appeal. Rate adjustments will not be considered during the Preliminary Work Period or Base Period of the Contract. 2.5 INSPECTION OF EQUIPMENT Equipment contained on the Offeror s Equipment List shall be subject to inspection by the County, at the discretion of the Chief of Operations and Maintenance, prior to contract award or anytime thereafter. Documentation (vehicle title or leasing agreements) proving legal ownership, or lease of all equipment to be used in the execution of work as a result of this solicitation, shall be provided at the time of equipment inspection. Registration (if applicable) in the Offeror s name shall be validated at the time of inspection. Equipment deemed insufficiently qualified and/or equipped, or of insufficient type and/or quantity to accomplish the work as solicited, shall be solely determined by the Contracting Officer (or designee), whose determination is not subject to appeal. The Offeror shall notify the County of acquisition of additional equipment to I-10

14 be used in the performance of work in any Contract(s) as a result of this solicitation, including at a minimum all information contained on the Offeror s Equipment List. 2.6 BID/AWARD PROTESTS All protests made pursuant to this solicitation must be in writing and delivered to the Chief of Purchasing: (a) within ten (10) calendar days after the Purchasing Office has publicly posted the proposed contract award, if the Offeror seeks as a remedy the award of the contract, or (b) before the submission date for proposals, if the Offeror seeks as a remedy the cancellation or amendment of the solicitation. Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to Charles County Government. The Chief of Purchasing, may, at his sole election, return the filing fee to the protesting Offeror, if the protest is sustained. Filing fees for unsustained protests shall not be returned. The Chief of Purchasing must dismiss any protest not timely received. Only an Offeror that is aggrieved is eligible to file a protest. Aggrieved means that the Offeror who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked Offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked Offerors or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address and telephone number of the protesting Offeror; a statement supporting that the Offeror is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the Offeror contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argument to support the protest is on the Offeror making the protest. The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing. The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the Offeror making the protest, and to the County Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. All decisions of the Chief of Purchasing shall be final, and not subject to appeal. I-11

15 3.0 PROPOSAL CONTENT Requirements for the Proposal are listed below. Offerors shall complete the forms identified in Part I, Section 1.2. Failure to include responses in the Proposal to all of the requirements of the RFP may result in rejection of the Proposal. Proposals that repeat RFP language or content verbatim shall be deemed unsatisfactory and rejected. Proposals shall be submitted in the format below. Proposals shall address the following areas at a minimum, but not limited to: SECTION 1.0 GENERAL As part of the Technical Proposal, the Offeror shall provide a complete description of the proposed work plan for managing and disposing of biosolids under this contract. This section shall include, at a minimum: Title Page: Title page showing the RFP name, the Offeror s name; the name, address and telephone number of the Offeror s contact person, and the date of the Proposal. Table of Contents: The Offeror shall provide a Table of Contents with page numbers and a List of Exhibits, which references the page number of each exhibit. Transmittal Letter: A transmittal letter briefly stating the Offeror s understanding of the work to be done, the commitment to perform the work within the time period, a statement why the Offeror believes itself to be best qualified to perform the engagement, and a statement that the Proposal is a firm and irrevocable offer for 180 days from the Proposal due date. The letter is to be signed in ink by an individual authorized to legally bind the Offeror s company or organization and stating the individual s title and position. SECTION 2.0 TECHNICAL PROPOSAL The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Offeror to perform in conformity with the requirements of this RFP. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. The Technical Proposal shall address all the points outlined in the RFP (excluding any price information which should only be included in the Original Proposal) and shall be limited to no more than thirty (30) pages. The Technical Proposal should be prepared simply and economically, providing a straightforward, concise description of the Offeror s capabilities to satisfy the requirements of the RPF. While additional data may be presented, the requirements outlined in Part I, Section 3.0 of this RFP must be included. It represents the criteria against which the Proposal will be evaluated. The Technical Proposal shall describe, in detail, the processes and equipment required to meet the requirements given in this RFP and Technical Specifications. Include the following information: Executive Summary: The Executive Summary shall highlight the key aspects of the proposal, emphasizing how the recommended approach meets or exceeds the project goals and objectives. I-12

16 General drawings, including drawing index and abbreviations; process flow diagrams. Process description. Section 2A - Work Plan As part of the Technical Proposal, the Offeror shall provide a complete description of the proposed work plan for managing and disposing of biosolids under this contract. The work plan shall include, at a minimum: General description, including process description. Description of equipment, methods, and staffing organization proposed for biosolids dewatering, and lime stabilization. Description of proposed biosolids transportation plan to include type and number of vehicles. Description of equipment and methods proposed for the ultimate disposal of biosolids. Description how regulatory paper work will be administered. Who will have responsibilities in filling out which forms. Describe County s responsibilities and Offerer s responsibilities. List the facilities proposed for the temporary storage and/or disposal of biosolids, including approved landfills during non-application periods. Indicate size and type of facility and ability to accommodate storage requirements. This shall also include the intended location of proposed landfill sites. Description of the proposed biosolids sampling and testing programs. Description of the proposed records and reporting system. Description of the proposed emergency spill control and clean-up plan. Description of the proposed public relations program. Description of the Preventive Maintenance Plan. A detail phased plan for implementation, using the Notice-of-Award as day one (1). Implementation planning activities, equipment, delivery, and installation, test and check out, and permit acquisition in sufficient detail, so as to enable the beginning of routine operations on July 1, 2015, for Mattawoman WRF. Description of plans for regular housekeeping and cleaning of the building, trash removal. List experience and knowledge of regulatory laws related to Federal and State regulations. Offeror s Equipment List. Section 2B - Land Disposal Sites Attach summaries of existing permits available for sites that are intended to be used for biosolids disposal following the award of this Contract. Indicate the remaining capacity for biosolids disposal at each site. Also attach copies of existing permits issued by the State I-13

17 regulatory agencies for the transporting, storage, and land application of biosolids. Describe additional sites to be permitted to meet the requirements for one-year worth of permitted capacity within ninety (90) days of the Notice-to-Proceed. Section 2C - Project Management Plan Project Management Administration and Scheduling: Provide a detailed project management plan indicating the methods to be used to manage the efforts of the team to deliver a quality product. Describe scheduling methods, project planning. SECTION 3.0 EXPERIENCE AND QUALIFICATIONS The Offeror shall supply its Management Plan and discuss the following at a minimum in Section 3.0 of its proposal submission: Section 3A Biosolids Disposal Experience Experience in operating dewatering, lime-stabilization and biosolids land applying and biosolids disposal. Also, describe experience in the maintenance of the dewatering facilities. The Offeror should describe the experience of each member of the project team. The types of facilities of interest include wastewater treatment, biosolids processing, and similar complex mechanical projects. Experience under this heading should be limited to the most recent ten (10) years. Provide a brief description of the safety record for projects by the lead contractor and major subcontractors within the last five (5) years. This section shall contain a comprehensive summary of the firm s overall experience in biosolids disposal and shall be separate and distinct from the Offeror s Experience Project Summary forms. Section 3B Key Staff (limit to 20 pages total) Describe education and experience of each key staff member. The Offeror shall identify those personnel who will be responsible for each major element of the project. Identify supervisory and employees who will perform non-supervisory roles. As a minimum, personnel proposed for the following staff positions shall be identified: Project Manager Site Manager Maintenance Manager Regulatory Specialist/Manager Transportation Manager Biosolids Land-Application Manager and Biosolids Storage Manager. Include resumes for each of the above personnel and describe their role in the project. Submit a maximum two-page resume complete with the name of facilities operated, responsibilities, size/complexity of facility, dates of facility service, contact person, and contact information per position. The expertise and experience of key personnel will be one of several factors used to select a Successful Offeror for this project. The key personnel presented in the Proposal are expected to actively participate in the project. Replacements and substitutions are discouraged. It is, however, recognized that people sometimes change employment. Section 3C Project Summaries (limit to 10 pages total) See Part I, Section The Offeror s major team members shall have experience working on projects of similar or I-14

18 greater complexity to that described in this section. Experience in any mechanically complex project will be considered favorably. This Offeror s Experience Project Summary form, contained herein, shall identify at least three (3) references with first-hand knowledge of the quality and performance of facilities operated by the proposed team. Provide the following information for each reference in a separate narrative that contains: Name of project Location (mailing address) Name of contact familiar with Offeror s work Description of the facilities, systems, and processes provided. Include a discussion of their relevance to this project. Identify major participants from the proposed project team and discuss their roles in each project. References may be contacted to ensure that the information provided is current. Charles County may elect to visit one or more of the selected references to observe first-hand the quality and performance. Section 3D Experience with Public Sector Entities References for previous work with city, county, and state governments. Section 3E Biosolids Experience with MDE Indicate biosolids management experience with the Maryland Department of the Environment. Include size, location, and number of permits for sites permitted over the past five (5) years. Section 3F Permits and Licenses Provide copies of relevant permits and licenses required for biosolids management. Provide evidence that the Offeror is a licensed contractor. All licenses and registrations shall be issued by/applicable in the State of Maryland. Identify all current professional licenses and registrations (state and year first registered). Offerors shall submit permit(s) for a disposal site(s), with a minimum capacity equal to six (6) months of biosolids production from the Mattawoman WRF. SECTION FINANCIAL CAPABILITY (ONLY SUBMIT WITH ORIGINAL PROPOSAL PACKAGE) The following financial data shall be provided. If the Offeror is a subsidiary of another firm, then the information requested should be provided for both the Offeror and the parent organization as it may be applicable to the Proposal. The Offeror s most recent Form 10K, as filed with the U.S. Securities and Exchange Commission (SEC) and all applicable documents since the last 10K form. All Offerors not filing a Form 10K with the SEC should submit the following information: o Federal Tax Returns for the last three (3) years; o Audited financial statements for the past three (3) fiscal years to include, at a minimum, income statement, balance sheet, and statement of changes in financial I-15

19 position; o Copies of quarterly financial reports since the last audited statement; o Any material changes in the mode of conducting business, bankruptcy proceedings, and mergers or acquisitions for the past three years, as well as any disclosure of any potential mergers or acquisitions; o Any and all lawsuits filed against the Offeror since January 1, 2004, and a statement as to the outcome or current status of each lawsuit; and o A full and complete description of the legal and financial relationships among all entities that will be bound by the terms and conditions of the Contract, including any entities that will guarantee the obligations of, or provide financial support to, any such parties. SECTION 5.0 REQUIRED FORMS (ONLY SUBMIT WITH ORIGINAL PROPOSAL PACKAGE) The Offeror shall submit the following forms in Section 5.0: Price Proposal Form; Addendum Certification; Intended Non-MBE Subcontractors form; Charles County MBE Utilization Affidavit; Proposed MBE Subcontractors form; SLBE Utilization Affidavit (if applicable); Official Letter of SLBE Intent (if applicable); Non-Collusion Affidavits. I-16

20 4.0 PROPOSAL EVALUATION PANEL AND CRITERIA FOR EVALUATION All Proposals will be evaluated, including merit and reasonableness, according to the following criteria and point value. Within the content of the information required in Parts II & III of the RFP, Offeror s are welcome to submit any and all supporting information which describes their ability to meet and exceed the criteria within the space limitations provided. The evaluation of proposals will be conducted by an evaluation committee. Each member of the committee shall evaluate the proposals independent of the other members, after which, scores will be combined/averaged and a scoring matrix will be developed. Price Proposals shall be opened and scored separately and the price score added to the technical score. A contract may be awarded to the Offeror with the highest score. If the Purchasing Office and the apparent Successful Offeror are unable to enter into a contract for any reason, the Contract may be awarded to the next highest-ranked Offeror. Once a contract award has been made, the County will notify all firms accordingly and will also provide a copy of the composite score tabulation. Evaluation criteria include the following: Evaluation Criteria Points 1. Technical Proposal 35 a. Work Plan 9 b. Offerors shall identify their intended biosolids storage site(s), or potential sites or landfills, and demonstrate an acceptable plan for receiving a permit from the regulatory agencies for utilization of this site(s). 9 c. Project Management Plan 9 d. Ability and Plan to manage aging equipment 4 e. Concept for planning improvements to the aging dewatering equipment Experience and Qualifications 25 a. Firm experience and references 15 b. Qualifications of key staff proposed Price 40 TOTAL POINTS 100 I-17

21 The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any bid/proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County. I-18

22 SOCIO-ECONOMIC PROGRAMS MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM Offerors are advised that Charles County Government has established a MBE Program which applies to all formal solicitations. There is an aspirational minimum goal of 25% MBE participation for each project. The County recognizes, as Minorities, the following groups: African Americans; American Indians/Native Americans; Asians; Hispanics; Women; Physically or Mentally Disabled persons and Disabled American Veterans. The County will automatically recognize MBE status for any firm certified by the Maryland State Highway Administration, Federal 8-A registration or Charles County Government. Information concerning the Charles County MBE Registration Process may be obtained by contacting the Charles County Purchasing Office, at (301) The solicitation documents included herein contain a form entitled Minority Business Enterprise Utilization Affidavit. This document indicates the MBE certification status of the Offeror, as well as the level of participation of any MBE sub-contractor(s) or supplier(s). Offerors are required to complete this form and submit it with their proposal. The awarded Offeror shall be required to report MBE Utilization to the County post award on the County s MBE Utilization Post Award form, if they have proposed any MBE usage. The County maintains a list of registered MBE firms on its Purchasing Office website located at SMALL LOCAL BUSINESS ENTERPRISE (SLBE) PROGRAM: Proposers are advised that Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000 if they: Are registered in the Charles County SLBE Program and eligible in all other respects, at the time the firm s bid/proposal is submitted. Complete the attached SLBE forms and indicate their SLBE status. Are susceptible for award for a contract valued less than $500,000. Registered Charles County SLBEs must meet all the same requirements of non-slbe Offerors. Information concerning the Charles County SLBE Registration Process may be obtained by contacting the Charles County Purchasing Office, at (301) The County maintains a list of registered SLBE firms on its Purchasing Office website located at I-19

23 MISCELLANEOUS TERMS INCURRING COSTS The County is not liable for any costs incurred by the Offeror prior to issuance of contract. 6.2 INDEMNIFICATION CLAUSE The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles County, it s officers, agents and employees. 6.3 PAYMENT OF TAXES The firm awarded the contract resulting from this solicitation shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor. 6.4 INSURANCE The Contractor shall provide, at their expense, the following: Contract Professional Liability Insurance with limits of at least $1,000,000 each occurrence and $3,000,000 aggregate. Comprehensive automobile bodily injury and property damage insurance covering all vehicles whether owned, hired, or non-owned operated by/or on behalf of the Contractor in the performance of this contract with not less than the following units: o Bodily Injury: $1,000,000 per person $2,000,000 per occurrence o Property Damage: $500,000 per occurrence The Contractor shall also obtain and pay premium for the following: Workmen s Compensation in compliance with Maryland Statutory Limit. Comprehensive General Liability in an amount not less than $2,000,000 (combined personal injury and/or property damage) per occurrence subject to $2,000,000 aggregate. The successful Offeror shall provide the County with Certificates of Insurance evidencing the coverage required by this solicitation prior to award of a contract. The following certificates shall name The County Commissioners of Charles County (or other name as directed by the County) as an additional named insured: Comprehensive automobile bodily injury and property damage insurance Comprehensive General Liability All Certificates shall reference the solicitation name and number, and have an ending date that covers the entire contract term or extension period. Such certificates shall provide that the I-20

24 County be given at least sixty (60) days prior written notice of any cancellation of, intention to not renew, or any material change in such coverage. The Contractor shall provide the County with copies of the Declarations and Exclusions for the Professional Liability insurance. If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered because of such deductibles. Providing insurance as required herein does not relieve the successful Offeror of any responsibility or obligations ensuing as a result of the contract award, or for which the Offeror may be liable by law or otherwise. Proof of Insurance will be required and must be submitted prior to final execution of the Contract by Charles County Government. 6.5 PERFORMANCE EVALUATIONS The County shall perform periodic performance evaluations, at the County s discretion, on all Work performed by the Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request. Performance evaluations shall be maintained in the County s contract files. 6.6 SUBCONTRACTORS The Contractor shall not sublet any portion of this contract, or assign or transfer any interest in this contract without receiving prior written approval from the County. Where two or more Offerors desire to submit a single proposal in response to this RFP, they should do so on a primesubcontractor basis rather than as a joint venture. Subcontracts for any portion of this contract must be clearly identified in the Offeror s proposal. Subcontracts are subject to Minority Business Enterprise (MBE) and Small Local Business Enterprise (SLBE) requirements detailed herein. Offerors shall supply sufficient documentation to indicate that a minimum of 33% of the Contract work will be performed by their own forces and not by subcontractors. 6.7 CORPORATION REGISTRATION Business entities not organized under the laws of the State of Maryland, and whenever required by law, must be registered with the State Department of Assessments and Taxation, 301 W. Preston Street, Baltimore, Maryland ( SDAT ) prior to conducting any business within the State. All Offerors shall present evidence that they are in good standing with SDAT. 6.8 NEWS RELEASE No news releases pertaining to this proposals request or the service, study, or project to which it relates will be made without County approval. 6.9 PUBLIC INFORMATION ACT NOTICE Offerors should give specific attention and identification of those specific portions of their bids which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal, and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act. Offerors may not declare their entire proposal package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so. I-21

25 6.10 HOLIDAY SCHEDULE The Offeror shall not be restricted by the County s holiday schedule and work shall be completed in accordance with the scope of work in Part III Special Provisions of this solicitation package. The following holidays are observed by the County: NEW YEAR'S DAY MARTIN LUTHER KING JR.'S BIRTHDAY *LINCOLN'S BIRTHDAY WASHINGTON'S BIRTHDAY *MARYLAND DAY GOOD FRIDAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY COLUMBUS DAY VETERAN'S DAY ELECTION DAY(WHEN APPLICABLE) THANKSGIVING DAY DAY AFTER THANKSGIVING CHRISTMAS DAY *FLOATING HOLIDAYS - COUNTY OFFICES AND OPERATIONS SHALL BE OPEN MID-ATLANTIC PURCHASING TEAM RIDER CLAUSE USE OF CONTRACT(S) BY MEMBERS COMPRISING Mid Atlantic Purchasing Team COMMITTEE Extension to Other Jurisdictions The Charles County Government extends the resultant contract(s), including pricing, terms and conditions to the members of the Mid-Atlantic Purchasing Team, as well as all other public entities under the jurisdiction of the United States and its territories. Inclusion of Governmental & Nonprofit Participants (Optional Clause) This shall include but not be limited to private schools, Parochial schools, non-public schools such as charter schools, special districts, intermediate units, non-profit agencies providing services on behalf of government, and/or state, community and/or private colleges/universities that require these goods, commodities and/or services. Notification and Reporting The Contractor agrees to notify the issuing jurisdiction of those entities that wish to use any contract resulting from this solicitation and will also provide usage information, which may be requested. The Contractor will provide the copy of the solicitation and resultant contract documents to any requesting jurisdiction or entity. I-22

26 Contract Agreement Any jurisdiction or entity using the resultant contract(s) may enter into its own contract with the successful Contractor(s). There shall be no obligation on the party of any participating jurisdiction to use the resultant contract(s). Contracts entered into with a participating jurisdiction may contain general terms and conditions unique to that jurisdiction Including, by way of illustration and not limitation, clauses covering minority participation, nondiscrimination, indemnification, naming the jurisdiction as an additional insured under any required Comprehensive General Liability policies, and venue. I-23

27 MID-ATLANTIC PURCHASING TEAM MEMBERS Complete this table and submit it with your bid. This extends the use of Contracts issued as a result of this solicitation to other jurisdictions above if selected Yes (Y). Y N Y N Y N Alexandria, Virginia Fairfax County Water Authority Montgomery College Alexandria Public Schools Falls Church, Virginia Montgomery County, Maryland Alexandria Sanitation Authority Fauquier Co. Schools & Government Montgomery County Public School Annapolis City Frederick, Maryland Northern Virginia Community College Anne Arundel County Frederick County, Maryland Prince George s Community College Anne Arundel School Gaithersburg, Maryland Prince George s County, Maryland Arlington County, Virginia Greenbelt, Maryland Prince George s Public Schools Arlington Co. Public Schools Harford County Prince William County, Virginia Baltimore City Harford County Schools Prince William County Public Schools Baltimore Co. Schools Howard County Prince William County Service Author Bladensburg, Maryland Howard County Schools Rockville, Maryland Bowie, Maryland Herndon, Virginia Spotsylvania County Carroll County Leesburg, Virginia Spotsylvania County Schools Carroll County Schools Loudoun County, Virginia Stafford County, Virginia Charles County Government Loudoun County Public Schools Takoma Park, Maryland City of Fredericksburg Loudoun County Water Authority Upper Occoquan Service Authority College Park, Maryland Manassas City Public Schools Vienna, Virginia District of Columbia Government Manassas Park, Virginia Washington Metropolitan Area Transit Authority District of Columbia Water & Sewer Auth. Maryland DGS Purchasing Washington Suburban Sanitary Commission District of Columbia MD Nat l Capital Park & Planning Winchester, Virginia Public Schools Commission Fairfax, Virginia Metropolitan Washington Airport Winchester Public Schools Authority Fairfax County, Virginia Metropolitan Washington Council of Governments I-24

28 7.0 FORMS I-25

29 Date: Firm s Name and Address: PRICE PROPOSAL FORM The County Commissioners of Charles County, Maryland Charles County Government Building Post Office Box 2150 La Plata, Maryland Honorable Commissioners: This Price Proposal is submitted in accordance with your Notice to Offerors inviting proposals to be received for the work outlined in the Special Provisions attached hereto for RFP No , BIOSOLIDS MANAGEMENT. Having carefully examined the proposal documents, the undersigned herein agrees to furnish all services as outlined in the proposal documents for the amounts specified below: BASE ITEMS EST ITEM DESCRIPTION OF ITEMS UNIT UNIT PRICE ($) QTY Dry Tons TOTAL PRICE ($) BY1 BY2 BY3 BY4 BY5 Base Year 1 Biosolids Management operations and maintenance for all services described herein Base Year 2 Biosolids Management operations and maintenance for all services described herein Base Year 3 Biosolids Management operations and maintenance for all services described herein Base Year 4 Biosolids Management operations and maintenance for all services described herein Base Year 5 Biosolids Management operations and maintenance for all services described herein Dry Ton Dry Ton Dry Ton Dry Ton Dry Ton $ /Dry Ton 3,900 $ /Dry Ton 3,900 $ /Dry Ton 3,900 $ /Dry Ton 3,900 $ /Dry Ton 3,900 TOTAL PROPOSAL PRICE I-26

30 Price Proposal Form (cont d) The undersigned has caused this Proposal to be executed as of the day and year indicated above. (Signature) (Printed Name) ( ) (Title) (Phone) (Fax) By submitting a proposal in response to this solicitation, the Offeror certifies that their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government. I-27

31 RFP #15-02 OFFEROR S EXPERIENCE PROJECT SUMMARY Solicitation Information Solicitation Name: BIOSOLIDS MANAGEMENT Solicitation #:15-02 Offeror Name: Project Information Project Name/Location: Owner Name/Address: Contact Name/Title: Telephone: Fax: Value of Work Performed: $ Percentage of the Work Firm Responsible For % Annual Operations & Maintenance Costs $ Operation Status/Completion Date Project Description* *Attach additional sheets as necessary. I-28

32 RFP #15-02 OFFEROR S EQUIPMENT LIST (For equipment valued at over $5,000 per item) Solicitation Information Solicitation Name: BIOSOLIDS MANAGEMENT Solicitation #:15-02 Offeror Name: EQUIPMENT # Equipment Type: Make/Model: Quantity: Own Purchase Rent Lease Describe the Purpose of the Equipment:* EQUIPMENT # Equipment Type: Make/Model: Quantity: Own Purchase Rent Lease Describe the Purpose of the Equipment:* EQUIPMENT # Equipment Type: Make/Model: Quantity: Own Purchase Rent Lease Describe the Purpose of the Equipment:* *Attach additional sheets as necessary. I-29

33 SAMPLE CONTRACT THIS CONTRACT, made this day of, in the year 2014, by and between hereinafter called the CONTRACTOR, and the CHARLES COUNTY COMMISSIONERS, hereinafter called the COUNTY. The parties to this CONTRACT intend to form a CONTRACT under seal. WHEREAS, the CONTRACTOR will provide the necessary services for Proposal No , BIOSOLIDS MANAGEMENT, in CHARLES COUNTY, MARYLAND subject to all conditions, covenants, stipulations, terms and provisions contained in the General Provisions and Special Provisions being in all respect made a part hereof, at and for a sum equal to the aggregate cost of the services, materials, and supplies done or furnished, at the prices and rates respectively named therefore in the proposal, attached hereto; Now, therefore, this CONTRACT witnesseth, that the CONTRACTOR both hereby covenant and agree with the COUNTY that he will well and faithfully provide said necessary services for the individually listed unit prices shown on the PROPOSAL FORM, in accordance with each and every one of the above-mentioned General Provisions and Special Provisions, at and for a sum equal to the aggregate cost of the services, materials, and supplies done and furnished at the prices and rates respectively named therefore in the CONTRACTOR s proposal dated 2014, attached hereto, and will well and faithfully comply with and perform each and every obligation imposed upon him by said General Provisions and Special Provisions. The CONTRACTOR hereby agrees to commence work under this CONTRACT on or before a date to be specified in a written a Notice to Proceed from the COUNTY. The term of the contract shall be from March 1, 2015 to, June 30, 2020, and there shall be four (4) one-year extensions, available, at the sole option of the COUNTY. And the COUNTY doth hereby covenant and agree with the CONTRACTOR that it will pay to the CONTRACTOR when due and payable under the terms of said General Provisions and Special I-30

34 Provisions, the above-mentioned sum; and it will well and faithfully comply with and perform each and every obligation imposed upon it by said General Provisions and Special Provisions or the terms of said award. Extensions to this CONTRACT, if any, may be executed by the Purchasing Office upon application and recommendation of the Department Head of the respective using Department, without further review or approval by the Board of County Commissioners. IN WITNESS WHEREOF, the parties hereto have set their hands and respective seals as of this day and year first above written: XXXXXXXXXX XXXXXXXXX XXXXX COUNTY COMMISSIONERS OF CHARLES COUNTY, MARYLAND By (Signature): Printed Name/Title: (SEAL) By: Candice Quinn Kelly, President (Date) (Date) (Address) Approved as to Form: (City, State, Zip Code) Barbara L. Holtz, Esq., County Attorney (SEAL) (Secretary) (Date) (Witness) (Date) NOTES: IF CONTRACTOR IS A CORPORATION, THE CORPORATE SECRETARY MUST ALSO SIGN, AND THE CORPORATE SEAL MUST BE IMPRESSED. IF THE CORPORATION DOES NOT POSSESS A SEAL, SIGNATORIES MUST CIRCLE THE WORD (SEAL) AND INITIAL. BUSINESS ENTITIES OTHER THAN CORPORATIONS MUST SIGN, CIRCLE THE WORD (SEAL), AND INITIAL. SIGNATURES MUST BE WITNESSED AND DATED. I-31

35 ADDENDUM CERTIFICATION RFP Number: Project Name: BIOSOLIDS MANAGEMENT The undersigned acknowledges that he/she received the following Addenda to the solicitation for the above-identified RFP, and that this proposal was prepared in accordance with said Addenda. Addendum Number: Date of Addendum: Offeror Address Signature Date I-32

36 INTENDED NON-MBE SUB-CONTRACTORS RFP Number: Proposal Name: BIOSOLIDS MANAGEMENT Note: Any MBE sub-contractors intended for this project shall be identified on the Proposed MBE Contractors form. Sub-contractor Work to be performed (Name and Address) Offeror: Address: Signature: Date: All Offerors are required to complete this form and submit it with their proposal. Please note N/A if Not Applicable. I-33

37 CHARLES COUNTY MBE UTILIZATION AFFIDAVIT Name of Offeror: RFP NO Please respond to the following questions: 1. Certified Minority Business Enterprise? a. Certified by: State of Maryland? b. Federal 8-A Registration? c. Charles County Local Government? d. Other (please list) Yes Check One N o Principle Owner s Minority Class (please check): African American Asian American Hispanic American Native American Women Other (please list) 2. If the response to Question 1 is no, have Minority Business Enterprises provided services, or supplied any items associated with your response to this Request for Proposal or Invitation to Bid? NOTE: If the response to Question 2 is yes, please include a list on the next page of all MBE subcontractors, names and addresses, the nature of the services or supplies being furnished, percentage of the overall contract amount and complete the remainder of this form. If the response to Question 2 is no, please provide signature and title at bottom of form. Total Bid/Proposal $ Total Minority Business Enterprise Bid/Proposal $ Percent of Total Minority Business Enterprise Contract % Signature All Offerors are required to complete this form and submit it with their proposal. Please note N/A if Not Applicable. Title I-34

38 PROPOSED MBE SUB CONTRACTORS (if applicable) COMPANY NAME & ADDRESS: (Include City, State, Zip Code and County) PRODUCT/SERVICES * MINORITY CLASS PERCENT OF PARTICIPATION COMPANY NAME & ADDRESS: (Include City, State, Zip Code and County) PRODUCT/SERVICES * MINORITY CLASS PERCENT OF PARTICIPATION COMPANY NAME & ADDRESS: (Include City, State, Zip Code and County) PRODUCT/SERVICES * MINORITY CLASS PERCENT OF PARTICIPATION If additional space is needed, please submit information on a separate sheet and attach hereto See Part I, Section 5.1 for list of Minority Classes I-35

39 Charles County Government SMALL LOCAL BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT Bidders/Offerors seeking SLBE preference are required to complete this form and submit it with their bid/proposal. Solicitation Information Solicitation Name: BIOSOLIDS MANAGEMENT Solicitation #:15-02 Part 1. Prime Bidder/Offeror SLBE Status Name of Bidder/Offeror: Respond to the following questions: 1. Is the Prime Contractor a Registered SLBE? If Yes, identify the Bidder/Offeror s SLBE Registration #: 2. If the response to Question 1 is No, is the Bidder/Offeror claiming SLBE preference based upon the use of registered SLBE(s) to provide services or items associated with the Bidder s/offeror s Bid/Proposal? Check One Yes No NOTE: If the response to Question 2 is Yes, complete Part 2 below and the SLBE Subcontractors Participation Schedule form in Part 4. Part 2. SLBE Subcontractor Participation Provide the total value of SLBE work to be provided and complete the SLBE Subcontractors Participation Schedule form in Part 4 identifying the individual SLBE(s) and the amount of their intended involvement. Total Bid/Proposal Price: $ Total SLBE Work Bid/Proposal Value: $ Percentage of Total Work (Dollar Value) of SLBE(s): % Part 3. Certification of SLBE Preferences By signing below, the BIDDER/OFFEROR certifies that it has complied with SLBE program requirements and during the course of the project will maintain all terms and conditions set forth in the SLBE forms, including the SLBE participation schedule and Letters of SLBE Intent. Additionally, the BIDDER/OFFEROR will notify the Chief of Purchasing within 72 hours via written notice if a subcontractor on the SLBE participation schedule is unable to perform work set forth in the schedule; and within 7 consecutive days of making the determination, make a written request to amend the SLBE participation schedule. The COUNTY shall be granted access to inspect any relevant matter related to SLBE Program compliance, including records and the jobsite and to interview subcontractors and workers. The BIDDER/OFFEROR is aware that noncompliance, as determined by the COUNTY, may result in the BIDDER/OFFEROR to take corrective actions and/or result in sanctions as set forth in the contract. Yes No Signature Title Date I-36

40 Part 4. SLBE Subcontractors Participation Schedule Instructions: Identify each registered SLBE subcontractor below, including SLBE registration numbers, Federal Employer Identification Numbers (FEINs), company names and addresses, the nature of the services or supplies being furnished, value of work to be performed by the SLBE, and the percentage of the overall project amount and complete the Official Letter of SLBE Intent with each SLBE subcontractor/joint-venture partner included in the schedule below. SLBE Registration # FEIN or Social Security # Company Name Address Phone & Fax Services to be Provided Value of SLBE Work From Letter of Intent SLBE % of Contract $ % $ % $ % $ % $ % If additional space is needed, please submit information on a separate sheet and attach hereto. For each registered SLBE subcontractor identified, complete an Official Letter of SLBE Intent form provided below. I-37

41 Charles County Government OFFICIAL LETTER OF SLBE INTENT A LETTER OF INTENT is required for each SLBE identified in Part 4 of the SMALL LOCAL BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT. The LETTER OF INTENT must be signed by bother the Bidder/Offeror and Registered SLBE Firm. Solicitation Information Solicitation Name: BIOSOLIDS MANAGEMENT Solicitation #:15-02 Part 1. To be Completed by the Bidder/Offeror Name of Bidder/Offeror: Address: Contact Name/Title: Telephone: Fax: Identify the services to be performed or items to be supplied by the SLBE, including Bid Item (if applicable): Value of Work to be Performed by the SLBE: $ Value of Work as a Percentage of Total Bid/Proposal Price % Part 2. To be Completed by the SLBE Name of SLBE: SLBE Registration #: Address: Contact Name/Title: Telephone: Fax: Part 3. Certification of SLBE Intent The Bidder/Offeror certifies its intent to utilize the SLBE identified above for the effort identified in this bid/proposal, and that the work described above is accurate. Bidder/Offeror will provide the County with a copy of the related subcontract agreement and/or purchase order prior to commencement of the SLBE s work. The SLBE firm certifies that it has agreed to provide such work identified and/or supplies for the amount stated above. Bidder/Offeror: SLBE Firm Rep: Signature Title Signature Title Date Date I-38

42 NON-COLLUSION AFFIDAVITS I do solemnly declare and affirm, under the penalties of perjury, the following: 1. That neither I, nor the best of my knowledge, information and belief, the Offeror, nor any officer, director, partner, member, associate or employee of the Offeror, nor any person in his behalf, has in any way agreed, connived or colluded with any one for and on behalf of the Offeror, to obtain information that would give the Offeror an unfair advantage over others, nor gain any favoritism in the award of this contract, nor in any way to produce a deceptive show of competition in the matter of bidding or award of this contract. 2. That neither I, nor the best of my knowledge, information and belief, the Offeror, nor any officer, director, partner, member, associate of the Offeror, nor any of its employees directly involved in obtaining contracts with the State of Maryland or any County or any subdivision of the State has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any State or Federal Government of acts or omissions committed after July 1, 1977, except as noted below: All pursuant to Article 78A, Section 16D of the Annotated Code of Maryland. Signature Name and Title of Signer Company Date Subscribed to and sworn to before me, a Notary Public of the State of or City of this year and date first written above. County Notary Public My Commission Expires I-39

43 PART II - GENERAL PROVISIONS

44 GENERAL PROVISIONS DEFINITIONS: COMMISSIONERS COUNTY CONTRACT CONTRACTING OFFICER CONTRACTOR DEPARTMENT DAYS EXTRA WORK The County Commissioners of Charles County. The County Commissioners of Charles County, Maryland. The written agreement executed by the County Commissioners of Charles County and the successful proposer, covering the performance of the work and the furnishing of materials required in the construction of the project. The contract shall include: A conventional contract or award letter, instructions to proposers, solicitation, specifications and scope of work, special provisions, general provisions, any other addenda or written instructions pertaining to the method and manner of performing the work, and the Proposer s proposal. The Director of Public Works, and includes a duly appointed successor or authorized representative. The person or persons, partnership, firm or corporation who enters into a contract awarded to him by the COUNTY. The authorized division or agency of Charles County government responsible for the service or work for which the contract will be written. Calendar Days A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown in the specifications. II-1

45 GENERAL PROVISIONS INSTRUCTIONS TO PROPOSERS OWNER SPECIAL PROVISIONS All requirements and provisions contained in this document. Information explaining the procurement process, significant dates, and bidding requirements. The entity holding title or having vested interest in the property and rights associated with the property. Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto. SPECIFICATIONS/SCOPE OF WORK 1.2 CHANGES: The written or printed agreements and instructions pertaining to the performance of the work to be performed, and/or the quantity and quality of the work/materials to be furnished under the contract. A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes: (1) In the specifications (including drawings and design); (2) In the method or manner of performance of the work; (3) In the COUNTY furnished facilities, equipment, materials, services, or site; or (4) Directing acceleration in the performance of the work. Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order. II-2

46 B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder. C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications. D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, he must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above. 1.3 F. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. CHANGE ORDERS: A. Additional Costs: The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the CONTRACTING OFFICER. (1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONTRACTOR in advance, or if this procedure is impractical because of the nature of the work or for any reason, (2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of his plant and equipment where required, but will in no case include any allowance for general superintendent, office expense, or other general II-3

47 expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes; when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order. 1.4 B. Reduced Costs: The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph A.2 under Additional Costs. DIFFERING SITE CONDITIONS: (NOT APPLICABLE TO RFP 15-02) A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of: (1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. The CONTRACTING OFFICER shall promptly investigate the condition(s), and if he finds that such conditions do materially differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly. B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided, however, the time prescribed therefore may be extended by the County. 1.5 C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. TERMINATION OF CONTRACT FOR CONVENIENCE: A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill his obligations under this contract. II-4

48 Upon receipt of such notice, the CONTRACTOR shall: (1) Immediately discontinue any part or all services as directed by the County s authorized representative, and (2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process. B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services. C. If the termination is due to the failure of the CONTRACTOR to fulfill his obligations under this contract, the COUNTY may take over the work and prosecute the same to completion by contract or otherwise. In such case, the CONTRACTOR shall be liable to the COUNTY for any additional cost occasioned to the COUNTY. D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been effected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this clause. E. The rights and remedies of the COUNTY provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 1.6 TERMINATIONS FOR DEFAULT - DAMAGES FOR DELAY - TIME EXTENSIONS: A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the COUNTY may, by written notice to the CONTRACTOR, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, the COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on site of the work and necessary therefore. Whether or not the CONTRACTOR'S right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the COUNTY resulting from this refusal or failure to complete the work within the specified time. II-5

49 B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work. C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY does not so terminate the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until the work is completed and accepted. D. The CONTRACTOR'S right to proceed shall not be so terminated nor the CONTRACTOR charged with resulting damage if: (1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, acts of the COUNTY in its contractual capacity, acts of another Contractor in the performance of a contract with the COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or supplies arising from unforeseeable causes beyond the control and without the fault or negligence of both the CONTRACTOR and such subcontractors or suppliers; and (2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay. The CONTRACTING OFFICER shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the article of these General Provisions entitled Disputes. E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this article, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article. If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such II-6

50 adjustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes. F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract. G. The rights and remedies of the COUNTY provided in this article are in addition to any other rights and remedies provided by law or under this contract. 1.7 H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means subcontractors or suppliers at any tier. PAYMENTS TO CONTRACTOR: (NOT APPLICABLE TO RFP 15-02) A. The COUNTY will pay the contract price, less all costs for overtime superintendence and inspection, as herein-after provided. B. The COUNTY will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the CONTRACTING OFFICER, on estimates approved by the CONTRACTING OFFICER. Progress payments will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. If requested by the CONTRACTING OFFICER, the CONTRACTOR shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the CONTRACTING OFFICER, at his discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the CONTRACTOR at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the CONTRACTOR furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract. Such payments shall be conditioned upon submission by the CONTRACTOR of bills of sale or such other procedures satisfactory to the COUNTY to establish the COUNTY'S title to such materials or equipment or otherwise protect the COUNTY'S interest, including applicable insurance and transportation to the site. C. All material and work covered by progress payments made shall thereupon become the sole property of the COUNTY but this provision shall not be construed as relieving the CONTRACTOR from sole responsibility for all material and work upon which payments have been made or the restoration of any II-7

51 1.8 damaged work, or as waiving the right of the COUNTY to require the fulfillment of all of the terms of the contract. MATERIAL AND WORKMANSHIP: All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable. 1.9 SUPERINTENDENCY BY CONTRACTOR: The CONTRACTOR shall give his personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all times during progress, with authority to act for him PERMITS AND RESPONSIBILITIES: The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. He shall be similarly responsible for all damages to persons or property that occurs as a result of his fault or negligence. He shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any complete unit of construction thereof which theretofore may have been accepted CONDITIONS AFFECTING THE WORK: The CONTRACTOR shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve him from responsibility for successfully performing the work without additional expense to the COUNTY. The COUNTY assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract, unless such understanding or representations by the COUNTY are expressly stated in the contract OTHER CONTRACTS: The COUNTY may undertake or award other contracts for additional work excluded from this contract, and the CONTRACTOR shall fully cooperate with such other Contractors and COUNTY employees and carefully fit his own work to such additional work as may be directed by the CONTRACTING OFFICER. The COUNTY'S separate contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by employees PATENT INDEMNITY: Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or II-8

52 out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty the COUNTY shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee EQUAL OPPORTUNITY: During the performance of this contract, the CONTRACTOR agrees as follows: A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship. B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker's representative of the CONTRACTOR'S commitments under this Equal Opportunity article, and shall post copies of the notice in conspicuous places available to employees and applicants for employment D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended, in whole or in part. SUSPENSION OF WORK: (NOT APPLICABLE TO RFP 15-02) A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the public. II-9

53 1.17 B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CONTRACTING OFFICER in the administration of this contract, or by his failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this article for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract. C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract. SUBCONTRACTORS: Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by him in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it himself if for any reason it becomes necessary or desirable for him to do so. That portion of the specifications beginning with the CONSTRUCTION SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY FAIR TREATMENT OF SUBCONTRACTORS AND VENDORS: The CONTRACTOR must make payment to any sub-contractor or vendor within 15 business days of receiving payment from the County for a Contractor invoice submitted to the County that billed for services or commodities provided by that sub-contractor or vendor. Contractors may not impose retainage rates upon sub-contractors that are higher than those imposed upon the Contractor by the County SPECIFICATIONS, STANDARDS, AND FORMS: Specifications and also standards of associations, societies, and laboratories referred to in these specifications shall become a part of this contract and shall be considered as though incorporated herein. The latest edition or amendment of supplement thereto in effect on the latest bid II-10

54 invitation shall apply. Standards of associations, societies, and laboratories referred to in the specifications may be obtained directly from such organizations. The COUNTY shall not be responsible for furnishing any drawing, specification, or published material not specifically identified in the Special Provisions of these specifications WORKING HOURS PER DAY: (NOT APPLICABLE TO RFP 15-02) The normal number of working hours per day on this contract will be limited to eight (8), unless otherwise authorized by the CONTRACTING OFFICER SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK: (NOT APPLICABLE TO RFP 15-02) The CONTRACTOR will not be permitted to do any work which requires the services of the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays and holidays, clean-up and such other items for which no specific payment are involved. In cases of bona fide emergencies, sound judgment shall be exercised CONTRACTOR RESPONSIBLE FOR OVERTIME COST: (NOT APPLICABLE TO RFP 15-02) In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTING OFFICER at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours. The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule for those services as deemed necessary by the COUNTY: COUNTY Staff... Actual Cost of Staff Miscellaneous...Actual Cost of Staff Other...Actual Cost of Staff 1.23 EMERGENCY WORK: In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, he II-11

55 will grant permission to the CONTRACTOR to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, he may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not OPERATING AND RESTORATION: (PARAGRAPHS 2 & 3 ARE NOT APPLICABLE TO RFP 15-02) 1. The CONTRACTOR shall so conduct his operation as not to interfere with or endanger the ordinary use of existing structures, roads, utilities, and other facilities. The CONTRACTOR shall provide and maintain all temporary roadways which may be authorized and all control and safety devices necessary to maintain traffic, safety and the optimum normal use thereof. Equipment, operations, and materials shall be confined to the limits defined by the CONTRACTING OFFICER. 2. The site of the work and facilities required to be constructed under the contract shall be maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess equipment shall not be permitted to accumulate during the progress of the work. 3. After each facility is completed and after all the work under the contract has been completed, the structure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean and in a condition satisfactory to the CONTRACTING OFFICER. 4. The CONTRACTOR shall restore at his expense any damage to any property, including damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold the COUNTY free from all claims for damages or injury to all persons or property caused or alleged to have been caused by the CONTRACTOR, his agents, employees, workmen, and subcontractors in the execution of this contract. WORK STOPPAGE BY THE COUNTY: (NOT APPLICABLE TO RFP 15-02) The CONTRACTING OFFICER, by issuance of a stop work order, may direct the CONTRACTOR to suspend any work that may be subject to damage because of weather conditions SAFETY AND HEALTH: The CONTRACTOR shall conduct his operations, including those involving machinery and selfpropelled vehicles and equipment in order to protect the lives and health of employees and other persons; prevent damage to property, materials, supplies, and equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the performance of this contract, comply with the applicable provisions of Federal, State and Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and employ such additional safeguards, safety devices, protective equipment and measures, and fire preventive and suppressive measures and equipment as shall be necessary for the protection of property and for the life and health of personnel. The CONTRACTOR shall, after receipt of notice of deficiencies, immediately correct the conditions to which attention has been directed. Such notice when served on the CONTRACTOR or his representative at the site of work shall be deemed sufficient. II-12

56 If the CONTRACTOR fails or refuses to comply promptly with requirements, the CONTRACTING OFFICER may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. No part of the time lost due to any such suspension order shall entitle the CONTRACTOR to any extension of time for the performance of the contract or to excess costs or damages. The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract INSURANCE: A. Workman s Compensation: Prior to executing the CONTRACT, the CONTRACTOR shall furnish compensation insurance for employees engaged in this work, shall comply with the Workmen's Compensation Laws of the State of Maryland and shall give proof of such insurance satisfactory to the CONTRACTING OFFICER. B. Liability: Insurance provided shall be in accordance with the requirements specified in PART I, SECTION 6.4. ADVERTISING: No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER FEDERAL, STATE, AND LOCAL TAXES: Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties INSPECTION AND ACCEPTANCE OF WORK: All work on improvements shall be subject to inspection by the CONTRACTING OFFICER during and upon completion of construction and to approval and acceptance by such representative on behalf of the COUNTY, if said work is found to be in accordance with the CONTRACT. When all work comprised in this contract has been completed, including cleanup and restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in writing; the CONTRACTING OFFICER will then make a final inspection. When defects, errors, and omissions disclosed by the final inspection have been corrected, acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall be responsible for the work covered by this contract. II-13

57 1.31 ERRORS AND OMISSIONS: The CONTRACTOR shall, immediately upon his discovery of any statement or detail which is discrepant or which otherwise appears to be in error, bring the same to the attention of the CONTRACTING OFFICER for decision or correction. Full instructions will always be given if such error or omission is discovered INTENT OF SPECIFICATIONS: (NOT APPLICABLE TO RFP 15-02) It is the spirit and intent of these documents, specifications, and of any drawings forming part of them, to provide that the work and all parts thereof shall be fully completed and suitable in every way for the purpose for which designed, and that all parts of the work shall be of a quality be of a quality comparable and consistent with the general quality of the facility being constructed. The CONTRACTOR shall supply all materials and do all work which reasonably may be implied as being incidental to the work of this contract DISPUTES: A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the CONTRACTING OFFICER who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the CONTRACTOR. The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision B. This DISPUTES article does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative, official, representative, or board on a question of law. COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS: A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. B. By submitting a bid/proposal in response to this solicitation, the Proposer/Contractor certifies that no person will be employed on this project in any manner, including sub-contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement. II-14

58 C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities. * * * * * END OF GENERAL PROVISIONS * * * * * II-15

59 PART III - SPECIAL PROVISIONS

60 GENERAL DESCRIPTION OF SERVICES REQUIRED The County is soliciting the services of qualified firms for furnishing all services required to process, handle, stabilize, transport, store and ultimately dispose of wastewater biosolids produced from the Mattawoman WRF in Charles County and provide maintenance of the equipment associated with the biosolids processing. It shall be the responsibility of each Offeror to evaluate all existing conditions at the Mattawoman WRF during the scheduled site visits. Site inspections shall be in accordance with the requirements herein. Any reference to operational periods of the biosolids processing facility are for general information only and it shall be the responsibility of each Offeror to assess the operational capabilities of the existing equipment. Each Offeror shall also be aware that extended operation may be required periodically to remove accumulated biosolids from the Mattawoman WRF. Dewatered, stabilized biosolids shall be directly loaded into transport trailers, meeting all state and federal requirements as transport vehicles for biosolids. The Successful Offeror shall be responsible for providing sufficient trailers and all required maintenance or replacement related to these transport vehicles. A truck weigh scale is utilized at the Mattawoman WRF to capture both in and out transport trailer weights; this is also used by the biosolids processing operator to determine trailer loading weights. The Successful Offeror will be responsible in completing all the required regulatory State and Federal documents associated with the dewatering process and biosolids disposal for the Mattawoman WRF, unless the regulations and requirements state otherwise. Copies of the forms and documents must be provided to the Mattawoman WRF Superintendent in a timely manner. The provisions in the RFP shall supersede the Charles County General Provisions if found to be in conflict. Failure of this RFP to amend verbiage in the General Provisions from general usage for the scope of this Contract shall not exempt the Successful Offeror from any liability, which results from applying the General Provisions to the Biosolids Management Program. 1.2 DEFINITIONS Biosolids: The solid material and scum produced and/or treated in a water reclamation facility. Contract Year: One year of contract time, beginning on July 1, Each successive contract year shall begin on that anniversary date. Chief: Charles County Chief of Operations and Maintenance BFP: Belt Filter Press DPW: Charles County Department of Public Works, located in the state of Maryland. III-1

61 Handling: All processes in which biosolids are handled under this Contract. Management: The conducting and supervising of the complete Contract with a degree of skill, and/or without interruption to the continuous processing, handling, stabilization, transportation, storage, and ultimate disposal of biosolids. Processing of biosolids: Dewatering of liquid biosolids to a biosolid cake, with a dry, solid density, suitable for lime stabilization and transport. Regulatory Agency: Shall apply to any agency having authority to regulate the handling/disposal of biosolids under the scope of this Contract. Stabilization: The addition of lime to increase the ph of the biosolids to twelve (12) or greater for two or more hours as stated in the Federal 503 Regulations on Processes to Significantly Reduce Pathogens (PSRP). Stabilized biosolids must meet all the requirements of the Federal 503 Regulations for Class B sewage biosolids. Storage: The storage of biosolids during those periods of time that the biosolids cannot be ultimately disposed of. Transportation: The hauling of biosolids in watertight vehicles. Ultimate disposal: The final handling of biosolids under a Regulatory Agency Permit. WRF Mattawoman Water Reclamation Facility 2.0 SCOPE OF SERVICES The Contractor shall furnish all services as required to process, stabilize, transport, store and ultimately dispose of wastewater biosolids produced and provide all maintenance associated with the work at: Mattawoman WRF 5310 Hawthorne Road, La Plata, MD The management of biosolids from Mattawoman WRF and the dewatering, stabilizing, transporting, storage and ultimate disposal of said biosolids shall be within the requirements of all applicable Federal, State, and local laws. The Successful Offeror shall comply with all conditions, provisions, and specifications contained herein and which are hereby made a part of the Contract. The submission of a Proposal shall be considered prima facie evidence that the Offeror has familiarized himself with and understands the conditions under which the Contract will be awarded. 2.1 BIOSOLIDS PROCESSING SYSTEM In the Technical Proposal, offerors shall present and describe the plans to continue the III-2

62 dewatering and lime stabilization operations, using the current equipment or describe in detail the changes that are proposed to successfully continue all the necessary dewatering and lime stabilization operations per requirements of this contract. Offerors possess the option to propose modification of the operating capabilities of the Mattawoman WRF dewatering and stabilization system, at no additional cost to the County, in its proposal. Proposals shall conform to all requirements of the solicitation. All proposed new equipment must be suitably housed within the existing structure. Offerors shall only propose one biosolids processing system for consideration by the County. 2.2 MODIFICATION PERFORMED AT THE SUCCESSFUL OFFEROR S OPTION The Successful Offeror may modify the operating capabilities of the Mattawoman WRF dewatering and stabilization system, at no additional cost to the County, pending the written approval of the Contracting Officer. All new equipment must be suitably housed within the existing structure. 2.3 CONSTRUCTION TERMS AND CONDITIONS In the event the County and the Successful Offeror determine that modification of the existing facilities or new construction is required, the following conditions shall apply: Costs will be negotiated between the County and the Successful Offeror prior to County approval of the work. The Successful Offeror may obtain a Contractor to perform the work with Contracting Officer approval. All construction work shall be performed in accordance with all local, state, and federal ordinances, codes, guidelines, and regulations applicable. The County shall maintain final approval authority over any and all requirements (including specifications and drawings). Any construction work occurring valued at over $500,000 shall be subject to Charles County Code, Chapter Prevailing Wages. 2.4 SERVICES REQUIRED Average historical yearly biosolids production for Mattawoman WRF is shown in Part III, Section 2.9. The Successful Offeror shall remove biosolids from the Mattawoman WRF on a scheduled basis and with such frequency that the accumulated biosolids do not interfere with the operation of the water reclamation facility. The Successful Offeror shall dewater and stabilize all biosolids as well as load, transport, store off-site, and ultimately dispose of all biosolids, on an as needed basis so as not to interfere with the operation of the facility. Interference with the operation of the water reclamation facility shall be determined by the WRF Superintendent and shall generally be defined as: Deteriorated plant effluent or general plant performance resulting from excessive solids in the system. Increased operating cost caused by excessive solids in the liquid and solids treatment processes. Any condition that produces objectionable odors. Continued accumulation of solids in the liquid and solids treatment processes. Storage of solids for more than 24-hours during the days of normal operation. III-3

63 Operation of the plant biosolids thickening devices, such as gravity thickeners, shall be the responsibility of the Mattawoman WRF Superintendent. The Mattawoman WRF Superintendent, or his/her designee, has an option to direct the Successful Offeror as to when and where to withdraw biosolids and what quantity, otherwise the Successful Offeror can use his experience to make that decision, provided it benefits WRF operations and follows proper dewatering protocols. The Successful Offeror shall operate and maintain the biosolids dewatering equipment at a level, which prevents biosolids storage in the thickeners and to keep biosolids at normal levels at County aerobic holding tanks, or as otherwise directed by the Mattawoman WRF Superintendent, to prevent biosolids storage which might escalate overflow and/or recycle solids. The Successful Offeror is required to withdraw and process the biosolids from the sludge holding tanks regardless of the operational status of the dewatering equipment or the availability of transport vehicles. 2.5 SITE ACCESS The Successful Offeror s accessibility to the WRF for the purpose of transporting/processing biosolids shall be at the discretion of the Successful Offeror, unless otherwise directed by Mattawoman WRF Superintendent. The Successful Offeror shall be required to coordinate proximity card adjustments to match requested work hours with the Department of Public Works Utilities Division prior to start of work. 2.6 EXISTING FACILITIES The biosolids dewatering and stabilization systems at the Mattawoman WRF shall be operated and maintained by the Successful Offeror. The biosolids dewatering and lime stabilization system are presently operated approximately five (5) days a week for a period of approximately forty-five (45) to sixty (60) hours per week with two operators, one to run the lime stabilization and loading section, another to operate the belt filter presses. The Successful Offeror shall be solely responsible for all biosolids dewatering, lime stabilization and disposal of biosolids from Mattawoman WRF. The facility operates two separate sections that require dewatering, both are aerobic digesters but function as aerated sludge holding tanks due to short retention times. Digesters #1 & #5 (Skimming s) pumping system contains a Vogelsang Rota-Cut Grinder with controls and a single Moyno progressive cavity pump and VFD. This equipment is operated by local control only at the site; building #22A, the equipment is located downstairs. Digesters #6 through #11 (containing gravity thickened sludge) pumping system contains a Vogelsang Rota-cut Grinder with controls and two (2) Vogelsang Multi-LOB pumps with VFDs. This equipment is located at Building #23 and requires energizing and de-energizing at the site. The pump speed controls are located at the Belt Filter Press building in the operator s booth. The dewatering building #2 contains, but is not limited to, the following major equipment: three (3) 2-meter Belt Filter Presses with separate control cabinets, booster pumps and hydraulic units, one (1) sludge cake conveyor belt, a dry mix polymer storage, mixing, and feed system with three dedicated polymer feed streams, one for each press. Attached to this building is the lime stabilization storage silo and feed/mixing system with trailer loading areas for biosolids Plant Biosolids Characteristics Digesters #1 & #5 (old digesters) receive the skimming s scum and grease from the clarifiers. The digester #6 through #11 (new digesters) receive a gravity thickened mix of approximately III-4

64 2% to 3% solids containing primary sludge, waste activated sludge, septage receiving sludge and waste chemical sludge. The waste chemical sludge contains ferric chloride. Analytical data for the processed biosolids are provided in Appendix Site Inspection All prospective offerors are responsible for inspecting the existing site at Mattawoman to ascertain for themselves the operational condition of equipment and support appurtenances. Prospective Offerors can visit the Mattawoman WRF during the approved site visit schedule. The County takes no responsibility for the accuracy or validity of any information provided verbally by the existing Contractor or by County personnel during this site inspection. 2.7 FACILITY EQUIPMENT MAINTENANCE The Successful Offeror will be responsible for maintenance of the equipment including, but not limited to the major equipment listed below, within the dewatering process. Equipment maintenance responsibility of the Successful Offeror begins at the Vogelsang Rota-cut grinders at both the new and old digesters and extends through the lime stabilization process. Belt Filter Presses. Belt Filter Press Control Panel and all the associated electrical equipment. Sludge cake conveyer. All the equipment associated with Lime Stabilization system. All the equipment associated with Polymer Feed system. Water Booster pumps. Hydraulic unit for BFPs. Moyno Progressive cavity pumps that push/send biosolids (skimmings) to Belt Filter Presses, including VFD. Vogelsang Grinders and controls associated with the Dewatering system. Volgelsang rotary lobe pumps, and associated VFDs. Flow meters associated with Dewatering system. Valves. Piping. 2.8 OFFEROR S RESPONSIBILITY It shall be the responsibility of each offeror to assess the operational capability and maintainability of the existing Dewatering Equipment and Lime Stabilization Equipment at the Mattawoman WRF. The Successful Offeror shall be responsible for operating and maintaining all the equipment in Part III, Section 2.7 Facility Equipment Maintenance, starting on July 1, 2015, and the County takes no responsibility for the condition of the existing dewatering facility at that time. 2.9 BASIC INFORMATION REGARDING THIS RFP For the duration of the Contract, the Successful Offeror shall furnish all services as required to process, stabilize, transport, store and ultimately dispose of wastewater biosolids produced and provide all maintenance associated with the sludge handling and dewatering work at Mattawoman WRF, including housekeeping for the Dewatering Building. Currently, the County desires to produce Class B biosolids, this provision will remain the same for the remainder of the Contract. III-5

65 2.9.1 Existing Conditions Second floor of the Dewatering Building contains three existing belt filter presses, control panel, conveyer, water booster pumps and other related equipment. The first floor contains the polymer system and polymer control panels. Mattawoman WRF historical sludge production data: Average Biosolids production 10.2 DT (Dry Tons) (DT/day, 7 days/week) Maximum Month Biosolids Production 14 DT (estimate) (DT/day, 7 days/week) Thickened Solids Concentration (%), For incoming sludge to BFPs 2% to 3% Biosolids Characteristics Mix of primary clarifier sludge, waste activated sludge, waste-chemical sludge and Clarifier s scum/skimmings PAYMENT General The basis for payment under this Contract is for biosolids removed from the facility and recorded as required under Part III of this solicitation. The Successful Offeror shall submit a monthly invoice before the 15th of each month for the preceding month. The first page of each invoice shall be a monthly summary page listing the water reclamation facility, total dry tons of biosolids removed, tons of lime used in lime stabilization, subtotal cost per the reclamation facility, and total cost per month. A monthly invoice will include sheet listing the dates and dry tons removed daily for the month. Attached to this summary shall be the copies of all weight tickets for the month. No payment shall be allowed for biosolids without an authenticated weigh ticket. Invoice forms shall be established by the Successful Offeror and approved by the County after the award of the Contract and before the Notice to Proceed. The Successful Offeror should use the chart below to anticipate future four years of Dry Tons (DT) production at the Mattawoman WRF. Charles County DPW does not anticipate a reduction or increase in Dry Tons produced for the next four year period; within 25 % above or below. III-6

66 Calendar Year Historical Biosolids Production From Mattawoman WWTP Table 2-1 Year Wet Tons Tons of Lime Dry Tons* % Solids , , , , , , , , , , *After lime is added. The invoices of dry ton weights shall be used as the official weights removed from the Mattawoman WRF for each contract year. The official weights shall not include lime or any other chemical added by the Successful Offeror Calculations of Payments Based on Variations in Biosolids, Dry Solids Content For the Mattawoman facility, all payments made by the County for this Contract shall be based upon the weight of dry biosolids cake produced. Daily tests shall be used to determine the dry solids content of the dewatered stabilized biosolids. The weight of lime added for lime stabilization shall be extracted from the dry tons of biosolids recorded each day. The product of wet tons of biosolids hauled and the percentage of biosolids minus tons of lime added equal dry tons of biosolids cake. Monthly invoices shall be calculated as follows: Total dry tons invoiced = (Total authenticated wet tons hauled) * (% total solids of biosolids cake) (Total tons of lime for stabilization) The Successful Offeror shall reimburse the County the fee (currently one (1) dollar per wet ton hauled off the site) for the Maryland Department of Environment sewage biosolids generator fee. Monthly invoices shall be calculated as follows. Price of credit to County = (Total authenticated wet tons hauled)*(fee per wet ton) For all the monthly billings, the calculation of lime added to biosolids shall be the month s actual lime deliveries. These calculated lime amounts are deducted from total biosolids removed from each facility to determine invoice weights of biosolids Measurement of Biosolids and Lime 1. Vehicles used in transporting biosolids shall be weighed upon arrival at the facility and immediately prior to leaving the facility, and the weights shall be recorded on Weekly Operations Summary/Daily Report forms provided by the Successful Offeror. These forms are to include the date, ticket number, truck number, trailer number, farm & field numbers, wet tons, loads hauled, and daily cumulative wet tons. 2. The Successful Offeror shall supply all personnel required to measure all vehicle weights III-7

67 of all biosolids removed from the water reclamation facility, or make provisions to do so at no cost to the County. 3. Payment shall be made on the basis of dry tons of biosolids cake, as defined hereinafter. The County reserves the right to establish procedures for determining the dry tons of biosolids cake from the wet tonnage leaving the facility site. 4. All weigh tickets at Mattawoman WRF are generated on a computerized scale system. Each weight ticket includes vehicle identification (truck/trailer number), authorized truck operator s name, date, and time of day (in/out), gross weight, tare weight, net weight, origin and load type. 5. In the event that the scale is out of service, the Successful Offeror shall be required to have all biosolids weighed at a commercial or County site scale having proper certification. These weight tickets are to be provided to the County and are to include the above parameters Electric Power The biosolids dewatering and stabilization systems in building #2 and the new digesters building #23 are provided with electrical sub-monitoring meters. The Successful Offeror shall be responsible for paying for the utilization of power for these areas at the current electrical utilities billing rate (sub-metering kilowatt hours (x) the current SMECO rate). Electrical costs will be calculated by the County, and shall be subsequently deducted from the Successful Offeror s next monthly invoice Monitoring Fees The Successful Offeror will initially be responsible for sewer/sludge monitoring fees, these are to be included in the billing invoice for reimbursement from the County Non-Payment for Failure to Perform All costs for work by the County because of the Successful Offeror s failure to perform will be deducted from current and future payments due to the Successful Offeror. The Successful Offeror shall not be paid for work he fails to perform. All costs for work by the County because of Successful Offeror spillage will be deducted from current and future payments due the Successful Offeror. The above remedies are considered nonexclusive remedies by the County and in no way abrogate the County s right to recover as against the Successful Offeror, his designees or assigns by means otherwise provided by law Working Papers The Successful Offeror shall submit copies of all working papers for determining his charges on this Contract. The working papers shall be delivered after the Award of Contract and before the Notice to Proceed. Following the County s review, the working papers shall be sealed and filed with the Contract files. The working papers, recorded from July 1, 2015, shall be the basis from which the County shall determine Contract price increases/decreases in the event of extraordinary circumstances, during the four extension years of the Contract. III-8

68 Working papers shall include, but not limited to: Changes in cost of polymer; Changes in diesel fuel; Discussion on pertinent State and Federal legislation that has impacted Land Application and the sludge disposal industry; and All other pertinent changes in costs Lime and Polymer The Successful Offeror shall be responsible for all costs associated with procurement of lime and polymer, and any other chemical used in the dewatering process and land application. The Successful Offeror shall advise the County at least two (2) weeks in advance of any intended change in type or manufacturer of lime of polymer. At that time, the Successful Offeror shall provide all manufacturer literature necessary to insure that the use of the new chemical is appropriate and will not adversely react with the existing County equipment. The County maintains the right to deny the use of a particular chemical if it believes the use of that chemical not to be in the best interests of the County. The Successful Offeror shall be responsible for ordering all chemicals and storage of same within their designated areas Water and Sanitary Service Water, both potable for sanitary facilities and non-potable, shall be provided to the Successful Offeror by the County at no charge for reasonable use by employees and dewatering operation. The Mattawoman facility is designated as a bottled water facility, the Successful Offeror will be responsible for providing water intended for consumption by its employees. The Successful Offeror shall be allowed the use of the plant sanitary facilities for their personnel MOBILIZATION SCHEDULE The Successful Offeror shall submit a Mobilization Schedule for approval within fifteen (15) days of the Award of Contract. The Notice to Proceed shall be withheld until the Mobilization Schedule has been approved. The Mobilization Schedule shall consist of an update of the detailed phased plan for implementation of all work CONTRACT INTERRUPTION If the Successful Offeror fails for any reason whatsoever to provide the contracted services, or fails to implement start-up in accordance with the updated Mobilization Schedule required under Part III, Section 2.11, then the County has the right to acquire necessary services from within its own resources; other contractors or any other reasonable sources to complete the scheduled work. The County shall have sole discretion to determine if and when the Successful Offeror has failure to provide contracted services either because of nonperformance or substandard performance and shall charge the Successful Offeror all direct and indirect costs associated with the dewatering, lime stabilization, removal, transportation, and disposal of all biosolids from the designated County site to a biosolids disposal site because of the Successful Offeror s nonperformance or substandard performance. Said charges may also include any fines or penalties imposed upon the County by regulatory agencies due to inability to comply with requirements of plan operation as a result of Successful Offeror s nonperformance. The County shall in its sole discretion determine when the Successful Offeror has failed to III-9

69 provide adequate services, but in any event shall take into consideration delays for such items as snowstorms, fires, floods, or any other extraordinary or unusual circumstance which may delay or disrupt removal of biosolids; provided however, that time is of the essence in the removal and disposal of said biosolids and that the County may provide for removal through its own resources, other sources immediately upon default by the Successful Offeror TESTING SCHEDULE A schedule for biosolids testing and sampling is to be prepared by the Successful Offeror and approved by the County after the award of the Contract and before the Notice to Proceed. The following daily tests are to be performed on samples taken at the County s facility are required as part of this Contract, by the Successful Offeror: Total solids % in feed biosolids ( out of the sludge holding tanks); Total solids % in biosolids cake ( prior to lime stabilization); Total solids % in lime stabilized biosolids, based on one (1) biosolids sample taken from the biosolids being loaded into each truck; Suspended solid in filtrate (mg/l); Average daily ph of biosolids two (2) hours after lime stabilization; All other tests required by State and Federal regulations. All tests except ph shall be performed on composite samples collected by the Successful Offeror. All costs associated with sampling and testing shall be borne by the Successful Offeror. The County reserves the right to split the biosolids samples for the purpose of a separate test at the County s expense to verify the Successful Offeror s test results, at any time during the duration of the Contract DISPOSAL SITES The County or its authorized representative shall be permitted access to the disposal site(s) on a 24-hour basis for the purpose of inspecting disposal operations and performing tests as required. The Successful Offeror shall respond to all questions from regulatory agencies, County and others. The Successful Offeror shall supply the County with copies of all correspondence pertaining to the Contract, in a timely manner. Copies shall be submitted to the County s Chief of Operations and Maintenance and WRF Superintendent. Biosolids shall be applied at loading rates not to exceed those approved by the State regulatory agency where the biosolids are being applied. Also, in addition to testing required by the Testing Schedule, biosolids shall be sampled and tested by the Successful Offeror as required by the regulatory agencies, and the County shall be provided copies of all test reports. All tests done for Regulatory Agencies shall be conducted by an independent laboratory approved by the County and the Maryland Department of Environment and/or any other applicable Regulatory Agencies. The cost for all sampling, testing, and reports shall be at the Successful Offeror s expense. Soil samples from each field shall be collected and tested by the Successful Offeror as required by the regulatory agencies. All soil samples shall be retained for future reference and shall be stored by the Successful Offeror for the period of time required by the State regulatory agency III-10

70 for where the biosolids are being applied REGULATIONS AND PERMITS At the time of proposal submission, each offeror shall submit evidence that biosolids disposal permits issued by the appropriate Regulatory Agency have been obtained having sufficient capacity for six (6) months of biosolids disposal for Mattawoman WRF. Within thirty (30) days of the Notice of Award the Successful Offeror shall submit said permits to the Chief of Purchasing by registered mail. If the Successful Offeror shall fail to submit said permits, the Successful Offeror shall forfeit the Bid Security STORAGE AND DISPOSAL SITES Storage and landfill application shall comply with all local ordinances and regulations and State and Federal regulatory requirements. Offerors shall submit permit(s) for a disposal site(s), with a minimum capacity equal to six (6) months of biosolids production from the Mattawoman WRF. Additional permit(s) with a minimum capacity equal to an additional six (6) months of biosolids production shall be submitted within three (3) months of the Notice to Proceed, in accordance with this RFP SAFETY PLAN The Successful Offeror shall provide a safety plan which consists of the following items. Successful Offeror s safety attitudes and practices (safety staff, training, enforcement of rules, disciplinary policies for violators, alcohol and controlled substance policies), OSHA incidence rates for the previous three years and Experience Modification Rates (EMR) for worker s compensation. The OSHA incidence rates and the EMR shall be provided with explanation of any rate reduction or increase and fatalities over the past three years. The Successful Offeror shall submit the Safety Plan to the County for approval within fifteen (15) days of the award of Contract. The Notice to Proceed shall be withheld until the Safety Plan has been approved by the Chief of Operations and Maintenance or Mattawoman WRF Superintendent EQUIPMENT REQUIREMENTS All equipment, fixed and mobile, for which the Successful Offeror is responsible shall be maintained to levels consistent with safety, reliability, and applicable legal standards. Equipment and buildings operated and maintained by the Successful Offeror shall be well maintained and present a clean and a positive image. The Successful Offeror shall display their logo on all vehicles used to haul biosolids from the County s plants to the land disposal sites SPILLAGE AT WATER RECLAMATION FACILITY The Successful Offeror shall be responsible for immediate cleanup and notifications in accordance with the requirements of the Maryland Department of the Environment, as pertains to the dewatering operation. Additionally, the Mattawoman WRF superintendent and Chief of Operations and Maintenance should be notified of any pertinent information regarding the spill as soon as possible. Should the Successful Offeror fail to clean up any spillage to the satisfaction of the County or regulatory agency, the County may, at its sole discretion provide for the cleanup of such spillage through its own resources or other sources. The County may assess against the Successful Offeror any direct and indirect costs associated with such cleanup. No biosolids shall be dumped on or at the Mattawoman WRF. Additionally, the Successful Offeror will be responsible for immediate notifications and cleanup if a spill occurs outside Mattawoman WRF, during transportation and related activities. Notifications and Cleanup must be accomplished in III-11

71 accordance with the requirements of the Maryland Department of the Environment TRANSPORTATION REQUIREMENTS The times available for biosolids handling/transportation will vary according to the laws and desires of Charles County, State of Maryland, Charles County Health Department, Department of Health for the State of Maryland and the regulatory agencies of the receiving County. The Successful Offeror shall be aware of the possibility of restrictions in the future, which may affect this Contract or the volume of biosolids to be removed. The Successful Offeror s accessibility to the Mattawoman WRF for the purpose of transporting biosolids shall be at the discretion of the Successful Offeror, unless otherwise directed by the Mattawoman Plant Superintendent or his/her designee. In the event that a manually printed ticket is required the authorized scale attendant is available Monday through Friday from 7:00 am until 3:00 p.m., the County will not be held liable for any costs should a manually generated ticket be required outside of these hours. The Successful Offeror shall provide the necessary equipment and/or facilities to prevent interruption due to biosolids freezing in the trailers or loading auger. Hauling also may be performed on all holidays without additional compensation. The Successful Offeror shall not block any of the plant access roads with any temporary or permanent equipment, piping or other facilities without prior written consent of the Chief of Operations and Maintenance or Mattawoman WRF Superintendent. The Successful Offeror shall obtain and maintain all necessary biosolids transportation permits and perform any associated required reporting, with copies of same furnished to the County BIOSOLIDS DEWATERING The biosolids dewatering equipment shall be required to remove ninety percent (90%) of the suspended solids processed by it. The County has the option to require the Successful Offeror to alter his method of operation if the facility is operating at less than ninety percent (90%) efficiency at the Successful Offeror s expense or to impose a fee for not meeting the efficiency requirement. The County will require for the Successful Offeror to pay a $3,000 fee on daily basis, when the Successful Offeror has failed to achieve 90% capture rate. These fees will be deducted by the County from the monthly invoice. But, in any event, the County shall take into consideration delays for such items as fire, power failure, or any other extraordinary or unusual circumstances that may affect the performance of the dewatering equipment REPORTS AND RECORDS The Successful Offeror shall submit copies of all pertinent correspondence regarding this Contract to the County in a timely fashion, to the Chief of Operations and Maintenance and WRF Superintendent. Timely shall mean within twenty-five (25) calendar days. The Successful Offeror shall submit a monthly report with the monthly invoice itemizing the following: III-12

72 Pounds of wet biosolids removed from the water reclamation facility daily; Identification of each site used for the disposal of biosolids per period covered under the invoice; Wet tonnage of biosolids applied to each disposal site; Average daily weight of lime added for lime stabilization at the water reclamation facility; Daily test values identifying: o Total percent solids in feed biosolids ( out of the sludge holding tanks); o Total percent solids in biosolids cake ( prior to lime stabilization); o Total percent solids in lime stabilized biosolids, based on one (1) biosolids sample taken from the biosolids being loaded into each truck; o Percent suspended solids in filtrate ; o Average daily ph of biosolids two (2) hours after lime stabilization; o All other tests required by State and Federal regulations; o Weight in dry tons of solids per day, produced. The Successful Offeror shall notify the Mattawoman WRF Superintendent and Chief of Operations and Maintenance with the following information daily, should any of the following items occur, (additionally a written report should be provided within five (5) business days to Chief of Operations and Maintenance and WRF Superintendent): Problems encountered that prevented the dewatered lime stabilization transporting, storage, or disposal of biosolids under this Contract Complaints made by local residents or public pertaining to the management of this Contract Personnel and/or equipment accidents Site vandalism Any attempts to disrupt the management of this Contract by the public Personnel reported sick due to their affiliation with this biosolids contract Biosolids spills related to the management of this Contract Site(s) visits made by Federal, State, or County agencies and/or concerned citizens The Successful Offeror shall provide the Mattawoman WRF Superintendent and Chief of Operations and Maintenance with a monthly maintenance report on the equipment at the facility with the following information: Maintenance/service history Major preventative maintenance performed Parts used or replaced ( if a part has a monetary value of $ or more) Anticipated major maintenance to be performed in the near future III-13

73 Payment for the monthly invoice shall be withheld until after the above information is received in an acceptable form. Yearly, by January 20 th, the Contractor shall collect and provide to the Mattawoman WRF Superintendent, information that will be used by the County in their submittal of the following calendar year annual reports: State of Maryland Annual Sewage Sludge Generator s Report that must include, by facility all the needed information to complete the form. A sample worksheet is shown at Appendix 4. Volumes of biosolids removed must coincide with that shown on invoices. National Pollutant Discharge Elimination System Discharge Monitoring Report (EPA Form ). To support the submittal of this form by the County, the Contractor must submit separate monthly certification statements that attest the process used to reduce pathogens and vector attraction were met and that management practices were also met. Tier Two Emergency and Hazardous Chemical Inventory. To Support the submittal of this form by the County, the Contractor must submit information that identifies the type, volumes & other data of hazardous chemicals being used in their process. A Safety Data Sheet must also be provided on any chemical use change. The Successful Offeror shall provide the County with an annual report demonstrating compliance with manufacturer s maintenance requirements for major equipment specified. Include summaries of the manufacturer s requirements as well as preventive and routine maintenance completed during the year. The Successful Offeror shall meet the following safety requirements for the employees: OSHA regulations as pertains to General Industry (29 CFR 1910 inclusive), Construction (29 CFR 1926 inclusive), MOSH (Maryland Occupational Safety & Health) laws and laws mandated by the Maryland Department of the Environment that pertains to environmental safety SCOPE OF WORK BASE ITEMS Per dry ton prices for Mattawoman WRF for operation and maintenance of the dewatering and stabilization facility and transportation of biosolids and land application of biosolids from this facility, also includes housekeeping of the dewatering building. Prices required for modifications to the facility to effectively operate over the life of the Contract shall be included in the price per dry ton. ********END OF SCOPE OF WORK******** III-14

74 APPENDICES

75 APPENDIX 1 BIOSOLIDS ANALYSIS APP-1

76 APP-2

77 APP-3