BCWS REQUEST FOR QUALIFICATIONS/INTEREST CONSTRUCTION & OPERATION OF A SOLID WASTE PROCESSING AND PELLETIZATION FACILITY

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BCWS REQUEST FOR QUALIFICATIONS/INTEREST CONSTRUCTION & OPERATION OF A SOLID WASTE PROCESSING AND PELLETIZATION FACILITY June 2, 2014 SOLD WASTE PROCESSING AND PELLETIZATION

ADVERTISEMENT SOLID WASTE PROCESSING AND PELLETIZATION FACILILTY REQUEST FOR QUALIFICATIONS/INTEREST Berkeley County Water and Sanitation Solid Waste Management Facility, (BCWS) seeks submission of proposals from firms for Solid Waste construction and operation of a solid waste processing and pelletization facility. Berkeley County Water & Sanitation seeks firms with capabilities for construction and operation of a solid waste processing and pelletization facility prior to placement in BCWS Class II or Class III Landfills. Berkeley County Water & Sanitation reserves the right to accept or reject, in whole or in part, any and all proposals and be the sole judge in the evaluation of proposals. Berkeley County Water & Sanitation further reserves the right to waive any informalities or technical errors that would otherwise be of no material effect to this request for qualifications/interest as submitted. Additional information and qualification instructions may be obtained from Cheryl Lyons, Manager of Purchasing at (843) 719-2661 or via email at calyons@bcwsa.com. Respondents can download the RFQ/RFI document and any amendments at the Berkeley County Water & Sanitation web Site: WEB ADDRESS: GO TO: http/www.bcwsa.com -Departments -Purchasing - Sealed Bids, Proposals and RFP s 2

SECTION I - OVERVIEW A. INTRODUCTION/BACKGROUND Berkeley County Water & Sanitation (BCWS), Solid Waste Management Facility, offices are located at the corner of Highway 52 and Oakley Road in Berkeley County, South Carolina. The site s address is 2277 Highway 52, Moncks Corner, South Carolina 29461. The Solid Waste Management Facility has been in operation since the early 1970 s and consists of four different MSW Landfills, the latest being a Sub-Title D Landfill, Class III. The Sub-Title D Landfill was opened in January, 1999 and consists of eight active cells. The eight active cells encompass approximately 40 acres with an estimated in-place waste amount of 1,089,222 CY with a remaining permitted airspace capacity of 6,584,467 CY. Waste is accepted at the rate of 247,216 tons/year. BCWS also has a Construction Demolition Landfill, Class II, with available airspace of approximately 420,000 CY, with an additional 1,960,000 CY in the process of being permitted. B. QUALIFICATIONS SUBMISSION An original and seven (7) copies of respondent s proposal must be received by 2:00 P.M. on July 10, 2014, at the following address: Mailing Address Hand Carry Address Berkeley County Water & Berkeley County Water & Sanitation Sanitation ATTN: Cheryl Lyons ATTN: Cheryl Lyons 212 Oakley Plantation Dr. 212 Oakley Plantation Dr. Moncks Corner, South Carolina 29461 Moncks Corner, South Carolina 29461 The original and all copies must be submitted in a sealed envelope or container stating on the outside, the respondents name, address, telephone number, RFQ/RFI title, and due date. No facsimile or e-mail responses will be considered. The responsibility for submitting a response to this RFQ/RFI on or before the stated time and date will be solely and strictly that of the respondent. Berkeley County will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFQ/RFI due date and time will not be considered. 3

SECTION II SCOPE, TERMS AND DELIVERABLES OF SERVICES Scope of work: Respondent must have the means, financially and technical resources to construct and operate a solid waste processing and pelletization facility located on a leased site at BCWS. The respondent will be responsible for aiding BCWS in acquiring permits, waste reduction, provide additional employment for residents of this area, and to be completed at no expense to BCWS or Berkeley County Residents. Planning Documents: Several master planning documents, (see list below), will be available for review by potential respondents. The contract documents that will be used for this contract are also available for review. These documents can be viewed by appointment Monday Friday (8:00 A.M. 4:00 P.M.), by calling BCWS at (843) 719-2386. Solid Waste Management Engineering Master Plan Landgem Model 2006 or Latest Latest Survey Drawing Permitted LFGTE Construction Drawings and Specifications Latest Tier II Testing Report SCDHEC MSW Report Contract Documents Other Reports and Drawings as Requested SECTION III MINIMUM REQUIREMENTS QUALIFICATION STATEMENT FORMAT Submittals must contain the following documents, each fully completed, and signed as required. o Document(s), Brochures(s), or Powerpoint Presentation which will provide a high-level summary of your process used by your company. o Demonstration of success in similar projects o Understanding of SCDHEC Regulations for Solid Waste o Financial stability o Technical ability to permit, construct and operate this type of facility 4

SECTION IV - EVALUATION/SELECTION PROCESS The procedure for RFQ/RFI response evaluation and selection is as follows: o Beneficial end use of product 30 points o Understanding of SCDHEC Regulation for Solid Waste 10 points o Financial stability 30 points o Technical qualifications to permit, construct and operate this type of facility 30 points The selected respondent will enter into a memorandum of understanding with BCWS leading into negotiations for a final contract. Final contract will be negotiated prior to presenting a recommendation to the Berkeley County Council for approval, modification and approval, or rejection. Important Note: By submitting a response, all respondents shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been signed by both parties. SECTION V - LEGAL TERMS AND CONDITIONS A. Modification/Withdrawals of Submittals - A respondent may submit a modified RFQ/RFI to replace all or any portion of a previously submitted RFQ/RFI up until the RFQ/RFI due date and time. Modifications received after the RFQ/RFI due date and time will not be considered. Responders shall be irrevocable until contract award unless withdrawn in writing prior to the RFQ/RFI due date or after expiration of 120 calendar days from the opening of proposals without a contract award. Letters of withdrawal received after the due date and before said expiration date and letters of withdrawal received after the contract award will not be considered. B. RFQ/RFI Postponement/Cancellation/Rejection - Berkeley County Water & Sanitation may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses and: Re-advertise this RFQ/RFI. Postpone or cancel this RFQ/RFI process. Waive any irregularities in this RFQ/RFI or in any responses received as a result of this RFQ/RFI 5

C. Cost Incurred by Respondent - All expenses involved with the preparation and submission of responses to Berkeley County Water & Sanitation, or any work performed in connection therewith, shall be the sole responsibility of the respondent(s) and not be reimbursed by Berkeley County Water & Sanitation. D. Exceptions to RFQ/RFI - Respondent must clearly indicate any exceptions they wish to take to any of the terms in this RFQ/RFI, and outline what alternative is being offered. Berkeley County Water & Sanitation after completing evaluations may accept or reject the exceptions solely at the discretion of BCWS. In cases in which exceptions are being rejected, Berkeley County Water & Sanitation may require the respondent to furnish the services or goods originally described, or negotiate an alternative acceptable to Berkeley County Water & Sanitation. E. Freedom of Information Act - SUBMITTING CONFIDENTIAL INFORMATION: For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word CONFIDENTIAL every page or portion thereof, that Offeror contends contains information that is exempt form public disclosure because it is either (a) a trade secret as defined in Section 30-4-40(a)(1), or (b) privileged and confidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the words TRADE SECRET ON EVERY PAGE, OR PORTION THEREOF, that Offeror contends contains a trade secret as that term is defined by Section 39-8-20 of the Trade Secrets Act. For every document Offeror submits in response to or with regard to this solicitation or request, Offeror must separately mark with the word PROTECTED EVERY PAGE, OR PORTION THEREOF, THAT Offeror contends is protected by Section 11-35-1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. Do not mark your entire response (bid, proposal, quote, etc.) as confidential, trade secret, or protected! If your response, or any part thereof, is improperly marked as confidential or trade secret or protected, BCWS may, in its sole discretion, determine it nonresponsive. If only portions of a page are subject to some protection, do not mark the entire page. By submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every page of every document regarding this solicitation or request that was submitted at any time prior to entering into a contract (including, but not limited to, documents contained in a response, documents submitted to clarify a response, and documents submitted during negotiations), unless the page is conspicuously marked TRADE SECRET or CONFIDENTIAL or PROTECTED, (2) agrees that any information not marked, as required by these bidding instructions, as a TRADE SECRET is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other financial figures used to determine the award, as well as the final contract amount, are subject to public 6

disclosure. In determining whether to release documents, BCWS will detrimentally rely on Offerors marking of documents, as required by these bidding instructions, as being either CONFIDENTIAL or TRADE SECRET or PROTECTED. By submitting a response, Offeror agrees to defend, indemnify and hold harmless the Berkeley County Water & Sanitation, it s officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney s fees, arising out of or resulting from the BCWS withholding information that Offeror marked as CONFIDENTIAL or TRADE SECRET or PROTECTED. (All references to S.C. Code of Laws.) F. Respondent s Responsibility - Before submitting RFQ/RFI, each respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful respondent from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the respondent. G. Assignment - The successful respondent shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest there in, or its power to execute such contract to any person, firm, or corporation without prior written consent of Berkeley County Water & Sanitation. Any unauthorized assignment shall constitute a default by the successful respondent. SECTION VI - QUALIFICATION DOCUMENTS Attachment A - Respondent Certification Attachment B Information Questionnaire Attachment C Response Transmittal and Agreement 7

ATTACHMENT A RESPONDENT CERTIFICATION I have carefully examined the Request for Qualifications/Request for Interest, Solid Waste Processing and Pelletization Facility, and any other documents accompanying or made a part of the RFQ/RFI. I hereby respond to furnish the goods or services specified in the Request for Qualifications/Information. I agree that my response will remain firm for a period up to 120 days in order to allow Berkeley County Water & Sanitation adequate time to evaluate the proposal submitted. I verify that all information contained in this response is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this response on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this response is made without prior understanding, agreement, connection, discussion, and collusion with any other person, firm or corporation submitting a proposal for the same product or service. No officer, employee or agent of Berkeley County Water & Sanitation or any contractor is interested in said proposal, and that the undersigned executed this certification with full knowledge of the matters therein contained and was duly authorized to do so. NAME OF BUSINESS SIGNATURE Sworn to and subscribed before me this day of, 2014 NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS Notary Public State of My Commission Expires: CITY, STATE AND ZIP CODE (TELEPHONE NUMBER) 8

ATTACHMENT B INFORMATION QUESTIONNAIRE The information submitted herein will be used by the Berkeley County Water & Sanitation, to assess the responsibility of the respondent to perform as specified in this RFQ/RFI. Submittal of this information is mandatory; failure to do so will result in the respondent being deemed non-responsive. Additionally, the respondent is required to certify, under oath, that the information provided herein is truthful and complete. The respondent should prepare the requested information in the following sequence and format. Failure to provide all requested information will be considered grounds for rejection of the submittal. 1. Furnish the Organization s name and principal address. 2. Is the Organization a corporation, partnership, joint venture or other? a) If corporation, furnish date and state of incorporation and names of the president, vice-president, secretary and treasurer. b) If partnership, furnish date of organization, type of partnership (if applicable) and name(s) of general partner(s). c) If joint venture, furnish names of participants and corresponding percentage of participation. Additionally, if the participants are a corporation, a partnership or other, furnish the information for the individual participants as requested herein for their respective types of organization. d) If other, furnish information sufficient to describe the organization s ownership and business structure. 3. How many years has the Organization been in business under its present name? 4. Has the Organization operated under previous and/or other names? If so, furnish names, addresses and corresponding lengths of time in business. 5. Furnish the following information relating to the Organization s performance in the landfill gas to energy industry. If the Organization is a partnership or joint venture, furnish the requested information on each of the participating entities. If the organization has operated under previous and/or other names, furnish the following information for those named businesses. a) Provide proof of Organizations experience as delineated by the minimum requirements section of this RFQ/RFI. Specific requirements are that the respondent shall have success in similar development of this type of facility. 9

Companies that have been in business less than five (5) years may demonstrate the required experience by a showing that the principals and officers of the company who would be administering and managing the project have the requisite level of experience. b) Has the Organization ever failed to complete the work in any contract awarded to it? If so, furnish details. c) Within the last five years, has any officer or principle of the Organization or any of its participating entities been an officer or principle of any other organization that failed to complete the work on any contract awarded to it? If so, furnish details. d) Furnish the total dollar volume of work the Organization has performed for each of the past five years. e) Furnish a list of the key personnel that will be involved with this project if the Organization is the successful respondent. Also include their resume, their present job commitments and the anticipated level of involvement in this Project. 6. Furnish the following information relating to the Organization s history with regard to lawsuits, claims and arbitration. If the Organization is a partnership or joint venture, furnish the requested information on each of the participating entities. If the organization has operated under previous and/or other names, furnish the following information for those named businesses. a) Are there any lawsuits, arbitration proceedings, judgments or claims pending or outstanding against the Organization, its officers or, if appropriate, any of its participating entities? If so, furnish details. b) Within the last five years, has the Organization or any of its participating entities filed any lawsuits or arbitration requests? If so, furnish details. 7. Furnish an audited financial statement for the Organization s latest balance sheet and income statement showing the following information. If the Organization is a partnership or joint venture, furnish the requested information on each of the participating entities. If the organization has operated under previous and/or other names, furnish the following information for those named businesses. Current Assets Net Fixed Assets Other Assets Current Liabilities Other Liabilities Name and address of the firm that prepared the statement. 10

8. Furnish reference information including the names of up to five (5) clients with phone numbers and addresses where the bidder has completed projects of comparable scope to this project. 9. The response to this Questionnaire should be signed and attested as follows: Date: Name of Organization: By: Title: Mr./Ms (Signatory) being duly sworn deposes and says that the information provided herein is true, complete and is not in any way misleading. Subscribed and sworn before me this day Notary Public: My Commission Expires: 11

ATTACHMENT C RESPONSE TRANSMITTAL AND AGREEMENT The undersigned, having fully familiarized themselves with the information contained within this RFQ/RFI and subsequently received written Addenda as listed below, submit the attached response. I verify (to the best of my knowledge) this response to be true and correct. All requirements of the RFQ/RFI are hereby incorporated into the response submitted and shall be incorporated by reference into the purchase contract. The proposal holder acknowledges the following Addenda have been received and incorporated into this response: Addendum No. Dated, Addendum No. Dated, Addendum No. Dated, Signature Signature Signature Company Name Address City, State, Zip Code Telephone Number Name of Authorized Representative Signature Title Date 12

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