Okaloosa County BOCC — February 18, 2014 — Biosolid Removal Documents

cee | Contct/Lease: Number, | : wl County Aor RECEIVED NOV 25.208 “CONTRACT & LEASE INTERNAL COORDINATION SHEET ae - — a “Tracking Number: 195 - AY : Conactataee Name: ~ 2a, a Ya. =o - Grant Funded YES_ _wo¥ Pn oo 1. oO GREATER THAN ‘$50, 000. 2.01 GREATER THAN $25,000 a 3 Oo. $25.000 OR LESS a ; I Monitor Nore: ~Lafl lioas a : County Attorney Review . |... Followirig Okaloosa County approval: ae a os Contracts & Grants A Document has been received: Date: -_:| Gontrosts & Grants Manager Zan Fedorak From: Mark Wise Sent: Tuesday, February 11, 2014 8:37 AM To: Jack Allen Ce: Zan Fedorak; Jeff Littrell; Kimberly Kilpatrick; Joanne Kublik; Darren L. Alford Subject: Biosolids Removal & Transportation (Bid WS 21-14) - Bid Award Recommendation Attachments: WS21-14_Bid Sheet.docx; agenda narrative.doc; budget line item.pdf Hi Jack, We are recommending this bid award to the lowest responsive, responsible bidder meeting specs — R & E Farms LLC, who was the low bidder in all three line items. By hauling our biosolids to Florala (@ $6.25/CY), we expect to pay approximately $82,000 on this contract during the next 12 months (beginning 4/1/2014). With this contract, we also have the flexibility to haul to DeFuniak or have R & E pickup biosolids from Arbennie Pritchett WRF, should the need arise. Attached is information for the bid award. - Bid tab - Background narrative...this is longer than the typical narrative, but this one has a history over the past year or so that | felt needed to be captured; feel free to revise how you see fit - Budget...$60,000 is available in this line item (narrative explains a bit more) If it all possible, please aim to get this on the Feb 18 BCC agenda. Our department’s official recommendation will be coming from Mr. Littrell sometime today. Thanks, Mark Wise, P.E. Deputy Director Okaloosa County Water & Sewer (850) 651-7502 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 3, 2013 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: R & E Farms - Contract Extension for Biosolids Removal DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: OCWS staff requests BCC approval of a 6-month contract extension (County Contract CO9-1691-WS) with R & E Farms LLC for biosolids removal. BACKGROUND: OCWS has contracts with both R & E Farms and Crook Creek Farms for biosolids removal. Both contracts have the same prices - $5.50/cubic yard (CY) for disposal only and $15.50/CY for transportation and disposal. Currently, OCWS transports our Biosolids from the Bob Sikes WRF and the Russell Stephenson WRF to the digester at the Arbennie Pritchett WRF. The Biosolids from all three WRFs then goes through the rotary drum thickener into the Digester and finally dewatered with the centrifuge. The solids come out of the centrifuge as Class B Biosolids. OCWS has the equipment and staff, and we have been hauling to either Crook Creek Farms or R & E Farms, almost daily, for approximately 4 years. The biosolids contractor land applies the biosolids at one of their sites. The current price we pay is $5.50/CY, and we have $60,000 in the FY2014 budget, if approved. The Crook Creek Farms contract was approved by the BCC 12/8/2012, as a backup facility, in case R & E Farms was out of compliance with FDEP; although, we have not hauled biosolids to Crook Creek Farms in years. Because both contracts expire 9/30/2013, Purchasing and Water & Sewer went out to bid for this biosolids removal service as Bid # WS 42-13. Bids were received on 8/8/2013; the bid tabulation is attached. New FDEP biosolids regulations have resulted in higher prices than expected, and we would not be able to meet our biosolids budget for FY2014. The apparent low bidder is $6.95/CY for disposal only; unfortunately, this site is northeast of Dothan, Alabama - a 160-mile round trip. Even though their cost is not too far above the current price of $5.50/CY, it would result in significant staff and equipment time and possibly alter the WRF facilities operations for compliance compared to the current situation, where we transport within Florida. The second-to-lowest bidder is R & E Farms, whose price for disposal only is $13.60/CY. No matter how we do the math, OCWS will significantly exceed our FY2014 biosolids removal budget, because of FDEP's unfunded mandate. Therefore, OCWS proposes the following two actions. First, R & E Farms has agreed to a 6- month contract extension (through 3/31/2013) at their current prices, terms, and conditions. The contract extension form is attached. This would result in a cost savings to OCWS compared to the current bid. This extension should allow us to stay within budget for the first six months of FY2014. Second, OCWS staff would like to work with Purchasing to re-write some of the specifications and go out to bid again. We have talked w/ FDEP, and by doing some further permit revisions and paperwork, our Class B Biosolids can be hauled across state lines to Alabama. By allowing land application sites in Alabama, this should open up competition and eliminate the issue of FDEP's unfunded biosolids regulations. At least one of our current biosolids contractors (R & E) has facilities in Alabama that are much closer than Dothan. After receiving bids, OCWS would do a financial analysis of all the scenarios - with or without transportation and in or out of Florida (taking into account the mileage). In summary, during the 6-month R & E Farms contract extension, staff would revise the specs, go through the bidding process again, do the financial analysis, and sign a new biosolids removal contract to begin 4/1/2014. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the Contract/Lease Renewal Form for a 6-month contract extension with R & E Farms for biosolids removal. If approved, staff would also re-bid this service. , ‘yp hal Jeff WYffrell, Director 8/26/2013 RECOMMENDED By: » County Admihistrator Co 8/28/2013 APPROVED BY: Ernie Padgett, County Administrator Regular Meeting (North) Minutes September 3, 2013 RESULT: ADOPTED [UNANIMOUS] MOVER: Wayne Harris, Commissioner District 1 SECONDER: . Nathan Boyles, Commissioner, District 3 AYES: Amunds, Boyles, Harris, Parisot, Windes 4. Request public comment and consideration of revisions to Section 12.02.00.2 of the Land Development Code establishing fines for unlicensed contracting. District: All RESULT: ADOPTED [UNANIMOUS] MOVER: Kelly Windes, Commissioner District 5 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes VI. Consent Agenda Consent Agenda Items 1-6, 8-9, 11-15, 17-21 Motioned for approval by Dave Parisot, second Wayne Harris, approved. Item 7: Approved separately to return money for surveys, etc., due to error in land purchase. Motion by Wayne Harris, second by Kelly Windes, Approved 3-1 (Dave Parisot Nay and Nathan Boyles abstained.) Item 10: Motion to approve by Nathan Boyles, second by Kelly Windes, approved 4-1. (Dave Parisot Nay.) Item 16: Pulled for discussion. Motion for approval by Nathan Boyles, Second Wayne Harris, approved. 1. Request approval of a Special Event Permit to utilize Beasley Park for a Community Walk Fundraiser to be held November 16, 2013 from 9:00 a.m. to 12:00 p.m., sponsored by the American Foundation for Suicide Prevention. 2. Request approval of a Special Event Permit to utilize Beasley Park for a Wounded Warrior Fundraiser and Awareness Event to be held November 17, 2013 from 1:00 p.m. to 4:00 p.m., sponsored by Action Restoration. 3. Request approval of and authorize the Chairman to execute Amendment No. 2 to the US Airways Lease and Operating Agreement at Northwest Florida Regional Airport. 4. Request authorization for the Chairman to execute a Joint Participation Agreement with Florida Department of Transportation for grant assistance with construction of the new Eglin Fire Station 5. Request approval of the final payment to the Judge Ben Gordon, Jr., Family Visitation Center in the amount of $20,859.00 for supervised visitation & safe exchanges of children. 6. Request approval of the Underwriter Selection Committee's recommendation of the Royal Bank of Canada for the sale and refunding of Airport Bonds (Series 2003). 7. Request approval of and authorize the Chairman to execute a Resolution in support of a Deed transfer related to a County Surplus Property Sale. Okaloosa County Board of Commissioners Page 2 Printed 9/4/2013 Regular Meeting (North) Minutes September 3, 2013 8. 10. 11. 12. 13. 14, 15. 16. 17. 18. 19. 20. 21. Request authorization for the Chairman to execute a Joint Participation Agreement with Florida Department of Transportation for grant assistance with security surveillance systems for Destin & Bob Sikes airports. Request approval of a proposed RFQ Evaluation Committee for review of qualifications to be submitted for Air Service Development Consulting Services Request approval of Budget Resolutions and Transfers amending the Fiscal Year 2013 budget. Request approval of and authorize the Chairman to execute a Proclamation declaring in September 18-22, 2013, "86th Fighter-Bomber Group (World War II) Days" in Okaloosa County. Request authorization for Chairman to execute the Other Transaction Agreement between the Transportation Security Administration and Northwest Florida Regional Airport for Baggage Screening Design Services Project. Request approval to award the bid for liquid chlorine to Harcross Chemicals, they being the lowest bidder meeting specifications. Bid Amount - various amounts, estimated at $100,000 annually Request approval to award the bid for repair, inspection & service of fire extinguishers, fire alarms & sprinkler systems to Koorsen Fire & Security. Bid Amount - $28,675.50 Request approval of final payment to City of Destin in the amount of $157,838.00 for emergency dredging of Destin Harbor/East Pass Request approval to award a contract for Auction Services to Global Auction Services & authorize the County Administrator to execute the contract. Request approval of and authorize the Chairman to execute a contract extension with R & E Farms LLC for biosolids removal through 3/31/2014. Request approval of and authorize the Chairman to execute a contract with Sensus USA, Inc. for water meters and associated parts Request approval of and authorize the Chairman to execute a Contract Renewal for Solid Waste Consulting Services Request approval to purchase piping and related materials for the Wright Landfill Remediation system Request authorization for the Chairman to execute a Temporary Construction Easement to Florida DOT for improvements to southbound Highway 4 right turn lane at Galliver Cutoff VII. Department Business Okaloosa County Board of Commissioners Page 3 Printed 9/4/2013 WATER & SEWER BIOSOLIDS REMOVAL & TRANSPORTATION BID #: WS 21-14 BID OPENS: JANUARY 8, 2014 @ 4:00 P.M. CONTRACT This agreement, executed in Crestview, Florida this day of between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in and about the improvement and to do and perform all work related to providing transportation and removal of biosolids from the Okaloosa County Wastewater Treatment Facility as per the attached bid pricing in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. The Contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, Out will not proceed until he receives official notice to begin. This contract will start be effective upon the date of execution by both parties and shall continue through September 30, 2016. This contract may be renewed for two (2) additional one (1) year periods. REPRESENTATIVES: The authorized representative of the County shall be: Darren Alford, OCWS Wastewater Operations Manager 250 Roberts Blvd. Ft. Walton Beach FL 32547 850-651-7133 E-mail: dlalford@co.okaloosa.fl.us The authorized representative of shall be: E-Mail: All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Last Revised — 12/6/13 Page 27 Joanne Kublik Contracts & Leases Okaloosa County Purchasing Department 602-C North Pearl St. Cresiview FL 32536 850-689-5960 / 850-689-5032 (FAX) E-mail: jkublik@co.okaloosa.fi.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said has hereto fixed his signature, the day and year above written. WITNESS: CONTRACTOR BY: TITLE STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this day of , 2014 and is effective on day of , 2014. ATIEST: COUNTY OF OKALOOSA, FLORIDA Gary Stanford Charles K. Windes, Jr. Chairman Deputy Clerk of Court Fe er erie Last Revised — 12/6/13 Page 28 BID SHEET BID #: WS 21-14 BIDS DUE: 1/8/14 @ 4:00 P.M. BID ITEM: WATER & SEWER BIOSOLIDS REMOVAL & TRANSPORTATION PRICE PER CUBIC YARD TO INCLUDE ALL PRICE PER CUBIC YARD WITHOUT PRICE PER CUBIC YARD WITHOUT TRANSPORTATION/PICKUP & DISPOSAL TRANSPORTATION COSTS TRANSPORTATION COSTS VENDOR COSTS (Disposal Only & Site Located in FL) (Disposal Only & Site Located in AL) Synagro South LLC $26.75 No Bid $6.95 Dothan R & E Farms, LLC $21.50 $7.65 DFS $6.25 Florala WATER & SEWER BIOSOLIDS REMOVAL & TRANSPORTATION se Board of County Commissioners L< BID #: WS 21-14 BID OPENS: JANUARY 8, 2014 @ 4:00 P.M. NOTICE TO BIDDERS Notice is hereby given that the Board of County Commissioners of Okaloosa County, FL, will accept sealed bids until 4:00 p.m. (local time) January 8, 2014, for Okaloosa County Water & Sewer Biosolids Removal & Transportation. Pursuant to copies of bid provisions, bid forms, and specifications may be obtained from the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, FL 32536; 850-689-5960 or they may be downloaded from our website at www.co.okaloosa.fl.us (Departments, Purchasing, Vendor Registration & Opportunities). At 4:00 p.m. (local time), January 8, 2014, the bids will be opened and read aloud. All bids must be in sealed envelopes reflecting on the outside thereof the bidder's name and "Bid on Okaloosa County Water & Sewer Biosolids Removal & Transportation to be opened at 4:00 p.m., January 8, 2014". The Board of County Commissioners will consider all bids properly submitted at its scheduled Bid Opening in the Conference & Training Room #305 located at 302 N. Wilson St, Crestview, FL 32536. Bids may be submitted in the Conference & Training Room #305, prior to Bid Opening or delivered to the Clerk of Circuit Court, 302 N. Wilson St., #203, Crestview, FL 32536. There is no obligation on the part of the County to award the bid to the lowest bidder, and the County reserves the right to award the bid to the bidder submitting a responsive bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County, and to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiating agreement that is in its best interest and its decision shall be final. Any bidder failing to mark outside of envelope as set forth herein may not be entitled to have their bid considered. All bids should be addressed as follows: Clerk of Circuit Court Attn: Gary Stanford Newman C. Brackin Bldg. 302 N. Wilson St. #203 Crestview FL 32536 Richard Brannon Date Purchasing Director BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY Don R. Amunds Chairman nee Last Revised — 12/6/13 Page | SCOPE OF WORK BID #: WS 21-14 BID ITEM: OKALOOSA COUNTY WATER & SEWER BIOSOLIDS REMOVAL & TRANSPORTATION The purpose of this bid is to enter into contract with a qualified contractor to remove/transport and dispose of biosolids currently from the Okaloosa County Arbennie Pritchett WRF located at 250 WS Roberts Rd., Ft. Walton Beach FL. Okaloosa County requests that interested bidders submit two (2) separate prices (see attached pricing sheet). We are asking; (a) for pricing whereby the contractor provides all transportation and disposal, (b) whereby the County provides transportation and the contractor provides a disposal site. A. CONDITIONS 1. Contractor must comply with all local, state and federal regulations in regards to transportation and disposal of waste biosolids. 2. Contractor must comply with all applicable Department of Environmental Protection rules and regulations. 3. Contractor will obtain all necessary permits. 4. If the contract includes transportation, the contractor will provide service 365 days a year. 5. if the contract calls for the County to provide transportation, the contractor will provide access to the disposal site 365 days a year. é. Pricing will be per cubic yard. 7. There will be no minimum charge. 8. All transportation vehicles will be measured and certified as to capacity prior to hauling. The County reserves the right to conform capacity at any time. 9. Any change to the disposal site to include relocation accessibility, etc. must be approved by the County. 10. Should the County determine that it is in its best interest te do so; this bid may result in a contract with two (2) providers. Assignment of work would be done by the Water & Sewer Department designee. 11. If the contract requires the vendor to provide transportation, the contractor will be responsible for the loaded product once departed from the Okaloosa County Water & Sewer Plan. nee Last Revised — 12/6/13 Page 2 12. if the contract requires the vendor to provide transportation, the contractor will guarantee availability of transportation as needed by the County. 13. It the contract requires County to provide transportation, and the contractor provides a disposal site, site can be no further than one hundred miles from source facility (Arbennie Pritchett WRF, 250 Roberts Rd., Ft. Walton Beach, FL 32547). 14. PAYMENT — Payment shall be once per month and copies of invoices (one to each location listed below) sent to the following: a. lea Okaloosa County Finance Department Accounts Payable 301 N. Wilson St., #203 Crestview FL 32536 b. lea Okaloosa County Water & Sewer Attn: Darren Alford 250 Roberts Rd. Ft. Walton Beach FL 32547 te AT Last Revised — 12/6/13 Page 3 10. SPECIAL CONDITIONS Bid Price - The bid price shall include all equipment, labor, materials, permit(s), freight, taxes, required insurance, Public Liability, Property Damage and Workers’ Compensation, etc., to cover the finished work called for. Applicable Laws and Regulations - The bidders attention is directed to the fact that all applicable state laws, county municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over project shall apply to the bid throughout, and they will be deemed to be included in the contract the same as though they are written out in full herein. Permits - The contractor shall be responsible for obtaining any necessary building permits. Project Site - All bidders are required to visit the project site and become familiar with the scope of work before submitting a bid. For technical information or to see job site, contact, Darren Alford or Danny Mitchem, at 850-651-7133; 8:00 a.m. - 4:00 p.m., Monday through Friday. Bid Information - Questions conceming bid requirements or specifications should be directed to Jack Allen at the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, Florida 32536, at 850-689-5960. Any changes by the County to specifications shall be in writing in the form of an addendum and fumished to all bidders. Verbal information obtained otherwise will not be considered in awarding of bids. Specification Exception - Bidder shall clearly list any changes in the bid specifications. Bidders must explain any deviation from the bid specifications, in writing, as a footnote on the applicable bid page. Failure of the bidder to comply with these provisions will result in the bidder being held responsible for all costs required to bring the building in compliance with contract specifications. Addition/Deletion of Items - The County reserves the right to add or delete any item from this bid or resulting contract wnen deemed to be in the County's best interest. Protection of Work Area — The contractor will be required to protect all work areas necessary to prevent accidents when deemed to be in the County's best interest. Public Entity Crime Information - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid ona contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposal the name of any officer, director, cA DT TT TT Last Revised — 12/6/13 Page 4 or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its' agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior fo or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County if he is an officer or employee of the County, disclosing his or spouses or child's interest and the nature of the intended business. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 11. Identical Tie Proposal - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals that are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 12. Recycled Content Information - In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid any information available regarding recycled material content in the products bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.) and the percentage of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 13. Local Preference - Okaloosa County reserves the right to grant a preference to in-county bidders only when bids are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which a bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offers. Any bidder failing to indicate such preference will be removed from the County bid list and any and all bids trom that firm will be rejected. 14. Hold Harmless — To the fullest extent permitted by law, Contractor shall indemnify and hold harmless County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonably attorney fees, to the extent caused by the eA A TT, Last Revised — 12/6/13 Page 5 negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Note: For bidder’s convenience, this certification form is enclosed and is madea part of the bid package. 15. Reorganization or Bankruptcy Proceedings — Bids will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. 16. Right to Waive and Reject A. 17. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgment will best serve the interest of the County. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to determine the true amount of the proposal. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. Cc. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County uniil such participant shall have been reinstated as a qualified proposer. D. Uncompleted work that in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded. TO TET Last Revised - 12/6/13 Page 6 18. 19. 20. 21. 22. 23. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F. Default under previous contract. G. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. Conditional and Incomplete Bids - The Board of County Commissioners specifically reserves the right to reject any conditional bid and will normally reject those that make it impossible to determine the true amount of the bid. Investigation of Bidder - The owner may make such investigations as he deems necessary to determine the stability of the bidder to perform the work and that there is no conflict of interest as it relates to the project. The bidder shall furnish to the owner any additional information and financial data for the purpose as the owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. Preparation of Bids - Bids must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in as noted in ink or typed in both words and numbers with the amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any bid may be rejected which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for or which shall in any manner fail to conform to the conditions of published notice inviting bids. Bid Bond - Bidders are required to submit a Bid Bond, Cashier's or Certified Check in the amount of $10,000 of their total bid and the Bid Bond is to be attached fo their bid. Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Bid Opening Information — Bid Opening shall be public, on the date and time specified on the bid form. It is the bidder's responsibility to assure that his bid is delivered at the proper time and place. Offers by telegram, facsimile, or telephone are NOT acceptable. Note: Crestview, Florida is “not_a next day guaranteed delivery location” by delivery services. — Last Revised — 12/6/13 Page 7 24. No Contact Clause - The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause) that prohibits oral and written Communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves an award. | Last Revised - 12/6/13 Page 8 INSURANCE REQUIREMENTS Contractor's Insurance A. The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Director. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. The County of Okaloosa shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Workers’ Compensation and Professional Liability. The County of Okaloosa shall be furnished proof of coverage by certificates of insurance (COI) and endorsements for every applicable insurance contract required by this Agreement. The COl’s and policy endorsements must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the CONTRACTOR. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the CONTRACTOR. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are involved, and which is a part of the contract. The County reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers’ Compensation coverage. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such Last Revised ~ 12/6/13 Page 9 1. 1. cancellation or amendment. Such notice shall be given directly to the County Representative. Workers’ Compensation Insurance The CONTRACTOR shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the CONTRACTOR shall require the Subcontractor similarly to provide Workers! Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all supbcontractual agreements which have been approved by the County of Okaloosa. Such insurance shall comply with the Florida Workers’ Compensation Law. No class of employee, including the CONTRACTOR himself, shall be excluded from the Workers’ Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer's Liability coverage. Business Automobile and Commercial General Liability Insurance The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non- owned & Hired Motor Vehicle coverage. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On-and Off-Premises Operations, Contractual Liability, Board Form Property Damage, and Professional Liability. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the CONTRACTOR shall notify the County representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. Commercial General Liability coverage shall be endorsed to include the following: 1.) Premises — Operation Liability 2.) Occurrence Bodily Injury and Property Damage Liability i E—_——_EEE—_—_—_—_—_EO_EO_OOEOEEEEOE EOE eee Last Revised — 12/6/13 3.) Independent Contractor's Liability 4.) Completed Operations and Products Liability 5. CONTRACTOR shall agree to keep in continuous force Commercial General Liability coverage including Completed Operations and Products Liability for two (2) years beyond acceptance of project. Limits of Liability The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer's liability with limits as prescribed in this contract: LIMIT A. Worker's Compensation 1.) State Statutory 2.) Employer's Liability $1,000,000 each accident B. Business Automobile & Commercial $1,000,000 each occurrence General Liability Insurance (A combined single limit) C. Personal and Advertising Injury $250,000 Notice of Claims or Litigation The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the CONTRACTOR's knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. Indemnification & Hold Harmiess To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this contract. Certificate of Insurance 1. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional insured under this policy shall be primary insurance. If the Additional Insured has other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. a Last Revised -— 12/6/13 Page 11 2. Certificate of Insurance, in duplicate, indicating the job site and evidencing all required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl St. Crestview FL 32536 3. All policies shall expressly require 30 days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. 4, All certificates shall be subject to Okaloosa County's approval adequacy of protection and the satisfactory character of the Insurer. 5. The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). Deductibles or SIRs in excess of $10,000 will not be accepted unless specifically approved in writing by Okaloosa County. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the Contractor's full responsibility. In particular, the Contractor shall afford full coverage as specified herein to entities listed as Additional Insured. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the Contractor has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 6. In the event of failure of the Contractor to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by Contractor upon presentation of a bill. GENERAL TERMS Any type of insurance or increase of limits of liability not described which the Contractor required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the Contractor of any responsibility under this contract. Should the Contractor engage a subcontractor or sub-contractor, the same conditions will apply under this agreement to each subcontractor and sub-subcontractor. The Contractor hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the Contractor under all the foregoing policies of insurance. UMBRELLA INSURANCE — The Contractor shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this agreement. ooo nf Last Revised — 12/6/13 Page 12 “NO CONTACT CLAUSE” The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves an award. When the solicitation silence period is in effect, no oral or written communication is allowed regarding the solicitation between prospective bidders/proposers and members of the Board of County Commissioners, the County Administrator or members of the Board Approved Review Committee. All questions or requests for information regarding the solicitation must be directed to the designated Purchasing Representative listed in the solicitation. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed to the Purchasing Director or his appointed representative. It shall be the Purchasing Director's decision whether to consider this information in the decision process. Any attempt by a vendor/proposer to influence a member or members of the aforementioned shall be grounds to disqualify the proposer from consideration during the selection process. All proposers must agree to comply with this policy by signing the following statement and ML fh, Le | bs 4 representing KE faye s LLC. Signature Company Name Hereby agree to abide by the County's “No Contact Clause” and understand violation of this policy shall result in disqualification of my proposal/submittal. Page 13 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), of if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES No__X NAME(S) POSITION(S) FIRM NAME: RyE Farms LLC. BY (PRINTED): lJ: || A; veubavkK __ BY (SIGNATURE): [x Ah TITLE: Co JO ne ADDRESS: 625 Burnt St Black Al 3beai7 PHONE NO. 33Y- 534- Ile LastRevised—12/613 Page 14 DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED BIDDER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1, Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penaities that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4, In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, ot plea of guilty or nolo contender to, any violation of Chapter 893 or of any controtled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee's community, by any employee who is convicted. 6. Make a good faith effort to continue fo maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, | certify that this firm complies fully with the above requirements. DATE: 1717 SIGNATURE: jul L We | COMPANY: Ri Farms, Lic. NAME: ld L/ Ai ven bak aporess: 625 Burnt St to Jy ee . ne Bid At 3635) TITLE: , PHONENO.: 3224-5 354- Ile lostRevsed 06/24/2013 Page 19 RECYCLED CONTENT INFORMATION 1. ls the material in the above: Virgin or Recycled (Check the applicable blank). If recycled, what percentage de. Product Description: 2. ls your product packaged and/or shipped in material containing recycled content? Yes, No. Specify: 3. ls your product recyclable after it has reached its intended end use? Yes No Specify: The above is not applicable if there is only a personal service involved with no product involvement. Name of Bidder: (WA) A E Farms LLC Page 20 LOCAL PREFERENCE DATA SHEET Okaloosa County grants a preference to in-county bidders only when bids are received from firms located in states, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which the out-of-county bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offered. Any bidder failing to indicate such preference will be removed from the County bid list and any and all bids from that firm will be rejected. Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? If “YES,” list below the extend of such preference. (If your firm is located in Okaloosa County, you will check “YES"-reciprocal only.) YES NO 4 lf yes, you must identify how you confirmed this information or who you spoke with within your area of business location below: RuE Farms, LUC. Wy TILL Bidder's Company Name Authorized Signature — Manual WA Aivenback Printed Name [= 2-14 Date INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall.indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Ry E Earns LLC. Bidder’s Company Name 62S Burt St BlecK HL F654 Physical Address f Sane Mailing Address ADY- S3BY-M/L Phone Number SSO -204-t170 Cellular Number [- 7-14 DATE (REVISED: JANUARY 12, 2001) Last Revised — 12/6/13 whe Authorized Signature — Manual Mtl Aivenbar ¥ Authorized Signature — Typed Ce/pwner Title * riven JP 23eanail.com Eme.! FAX NumberY BFY- 53 4- WIE After-Hours Number(s) Page 22 BID SHEET BID #: #WS 21-14 BID ITEM: WATER & SEWER BIOSOLIDS REMOVAL & TRANSPORTATION 1. PRICE PER CUBIC YARD TO INCLUDE ALL TRANSPORTATION/PICKUP #0 S a) & DISPOSAL COSTS | ' 2. PRICE PER CUBIC YARD WITHOUT TRANSPORTATION COSTS 4 7 b 5 (DISPOSAL ONLY & SITE LOCATED IN FLORIDA) ‘ DISPOSAL SITE ADDRESS /D 7/ b e // Ko | Ostuniak 3p1.4g5, FE 32432 3. PRICE PER CUBIC YARD WITHOUT TRANSPORTATION COSTS (DISPOSAL ONLY & SITE LOCATED IN ALABAMA) # 6,25 DISPOSAL SITE ADDRESS F004 3 Edwad $ K d Flovela Ab 36442 Note: It is not necessary to submit a bid on all three line items. The County reserves the tight to perform a financial analysis on all line items of all bids and take into consideration distance to the disposal site (in which County expenses/resources would be incurred by transporting biosolids), in order to award the bid to the contractor(s) which produce the overall lowest expenses to the County. Remarks: eh ae ee ee eee ee em a om ae oe a ni oa et ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). Ay E Fugms te Bidder's Company Name 625 Burnt st Bleck AL Z631% Address BBY SBY-IIG Phone # 20-YI8IF22- Federal ID # or SS # Ath, L/L Authorized Signature — Manual WM Rive nbark Authorized Signature — Typed co/p wWueor Title © Piven 3b28e quai (Com Fax# Emygi} ~