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HomeMy WebLinkAboutCOM 0431.001 2002-2004REQUEST FOR PROPOSALS NO. 2036: REQUEST FOR PROPOSALS FOR FURNISHING AND IMPLEMENTING AN ORGANICS DIVERSION AND COMPOSTING PROGRAM FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT COUNTY OF HAWAII HILO, HAWAII SULNITTED by BldF ARA ELLL Comm. No. Ref. To.. E! Ref. Date SEALED PROPOSALS will be received on or before 4:30 P.M,, WEDNESDAY, APRIL 30, 1003, in the office of the Purchasing Division, Department of Finance, County of Hawaii, 25 Aupuni Street, Hilo, Hawaii, for the following: REQUEST FOR PROPOSAL NO. 2036: FURNISHING AND IMPLEMENTING AN ORGANICS DIVERSION AND COMPOSTING PROGRAM FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT COUNTY OF HAWAI 'I Upon application, forms of proposal and specifications may be obtained from the above-named office. Written questions or requests for clarification regarding any aspects of the above proposal must be submitted to Ms. Barbara Bell, Director of Environmental Management, County of Hawai' i, 25 Aupuni Street, Room 208, Hilo, Hawai' i 96720, no later than Friday, April 4, 2003. There will be a pre -proposal conference on Thursday, April 10, 2003 at 11:00 a.m. in the County Council Chambers, 25Aupuni Street, Hilo, HI 96720. Attendance is not mandatory, but strongly recommended. WILLIAM T. T KABA Director of Finance Hawaii Tribune Herald West Hawai 'i Today Honolulu Star Bulletin Publication Date: March 16, 2003 ry SPECIFICATIONS N I. GENERAL A. Intent The County of Hawaii is soliciting proposals to efficiently keep green waste, and other organics, out of the East and west Hawaii landfills. All such proposals shall be subject to this Request for Proposals, Specifications and Special Provisions, all of which are attached hereto and by reference made a part hereof. B. General Terms and Conditions for Goods and Services The "Genera/ Terms and Conditions for Goods and Ser ces," including exhibits of appropriate Contract and bond documents, dated July 1, 1994, shall be a part of any Contract 'entered into as a result of this proposal. All proposers are responsible to be familiar with these general terms and conditions, a copy of which is on file at the Purchasing Division and will be made available to any interested person upon request at no charge. where any conflict might appear, the Special Provisions shall have precedence over the General Terms and Conditions and the Specifications of this proposal shall have precedence over either. II. SCOPE OF SERVICES A. Definitions Animals and/or Animal Parts. Includes whole animal carcasses and parts of animal carcasses, including fish and fish parts resulting from processing operations. Compos . A stabilized (humified) and sanitized product which generates no heat, produces no noxious or unpleasant odors, and which is beneficial to plant RFP2036 - ORGANICS DIVERSION SPECIFICATIONS PAGE 1 OF 23 a growth, resulting from the conversion of organic materials by a controlled aerobic biodegradation process. Fats. Oils. and Grease (FOGS). Includes used and outdated cooking oil, vegetable shortening, animal fat, grease from grease traps, and similar products intended for human consumption in their original form. Food and Food Scraps. Outdated food products and food materials left over from meals or from food preparation. Greenwaste. Untreated lumber and plant materials, including tree trunks and branches, leaves, stumps, brush, hedge trimmings, and grass clippings, of any size. Organic Materials or Organics. In East Hawaii, includes greenwaste and biosolids resulting from waste water treatment. In West Hawail, includes greenwaste. In both East Hawail and West Hawail, shall also include paper fiber; unpainted gypsum wallboard, food and food scraps; animals and/or animal parts; renderings, and/or fats, oils and grease (EOGs), at the discretion of the Contractor. Any of the foregoing optional materials included in a Contractor's proposal shall be considered organic materials and shall be accepted, processed, and managed in accordance with the contract. Paper Fiber. May include old newspaper (ONP), old corrugated cardboard (OCC), office paper, kraft paper, and paper food wrappers. Project Description The County of Hawai'i intends to divert as much organic material as possible from the Hilo Landfill and the West Hawail Landfill by offering to residents and commercial businesses an alternative to disposing of their organic materials. The RFP2036 - ORGANICS DIVERSION I SPECIFICATIONS PAGE 2 OF 23 County's Contractor(s) will be responsible for accepting organic materials at the Hilo Transfer Station and Landfill and at the Kailua-Kona Transfer Station, and processing the organics into chips, compost, and/or other soil amendments or landscaping products, or into fuel (EOGs only). It is the County's intent that organic materials be processed into products with economic value, and that said products be sold by the Contractor(s), to the greatest extent feasible. All compost produced by the Contractor(s) shall be certified by the U. S. Composting Council as meeting its Seal of Testing Assurance (STA) standards. All compost product sold by the Contractor(s) shall bear the U. S. Composting Council's STA certified compost seal. The end product(s) shall become the property of the Contractor(s). The Contractor(s) shall have the right to further process, market, and sell end product(s). The East Hawai'i site in Hilo is a parcel of approximately 5-10 acres, included in the Hilo Transfer Station and Landfill complex. The West Hawaii site in Kailua- Kona is approximately 2 acres in size. The Department is actively searching for additional acreage, approximately 5-10 acres in the vicinity of Kealakehe or Kailua-Kona (Proposals should be based on working within present area and moving to a larger area when and if it becomes available, unless the site is being provided by the proposer. An additional area of approximately 1 acre, across the road and adjacent to the County police station, is also available for short-term use. Both the East Hawaii and West Hawai'i sites are currently used for greenwaste diversion. One or both sites may contain unprocessed greenwaste left over from a previous contract that expires on June 30, 2003. The Contractor(s) selected for this organics diversion project will be expected to process any such greenwaste in accordance with the contract price schedule. RFP2036 - ORGANICS DIVERSION I SPECIFICATIONS PAGE 3 OF 23 The County of Hawaii owns and operates a waste water treatment facility in Hilo and is authorized to discharge treated waste under the U. S. Environmental Protection Agency's National Pollutant Discharge Elimination System permit program. It is the County's intent to haul dewatered biosolids from the treatment facility to the East Hawaii organics diversion site and to unload the biosolids at the site. At that point, the Contractor shall have sole responsibility for management, processing, treatment, and final disposition of the biosolids. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, THE COUNTY, ITS' OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, SUITS OR OTHER DEMANDS THAT MAY ARISE FROM, OR IN ANY WAY BE CONNECTED WITH CONTRACTOR'S ACTIVITIES UNDER THIS AGREEMENT. THIS SPECIFICALLY INCLUDES ATTORNEYS FEES AND COSTS OF ANY ACTION AGAINST THE COUNTY AS WELL AS PROTECTION OF THE COUNTY FROM ANY FINES, OR OBLIGATIONS THAT THE COUNTY MAY BE SUBJECT TO UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT PROGRAM. The County's Hilo wastewater treatment facility is a secondary treatment trickling filter -solids contact (TFSC) plant. Both primary and secondary biosolids are stabilized in a primary and secondary anaerobic digester. The County is presently utilizing a centrifuge for dewatering the digested biosolids. The average solids concentration of the digested biosolids is approximately 20% and the three wastewater treatment plants in East Hawaii produce approximately 16 dry tons per week on a consistent basis. Annual sludge reports which sets out selected nutrient and metal concentration data based upon testing conducted on the digested biosolids for the Hilo wastewater treatment facility are available for review at the Wastewater Division Office, 108 Railroad Ave., Hilo, HI. RFP2036 N ORGANICS DIVERSION SPECIFICATIONS PAGE 4 OF 23 The County's Kealakehe Wastewater Treatment Plant is a secondary treatment, aerated lagoon plant. Biosolids accumulate over time primarily in the first lagoon. Currently, it is estimated that approximately 100-200 dry tons of biosolids have accumulated in the ten years that the plant has been in operation. These solids could be removed over time using mechanical devices. C. Technology The proposal must be based upon one or more established, proven technologies. The Proposer must possess all rights to use or be licensed to use all proposed technologies. The proposed operating plan must provide backup systems, methodologies, and/or facilities for storage, processing, and disposition of waste water biosolids in the event the primary methodology cannot be used due to equipment failure or other reasons. D. Quantities of Organic Materials Projected quantities listed in Table 1, the Proposal Price Form, are estimates only. Proposed operations plans must be flexible in their ability to accept, process, and dispose of varying and increasing amounts of organic materials. No minimum quantities will be guaranteed by the County of Hawaii. E. Contractor's operations shall comply with all applicable current and future County of Hawaii, State of Hawaii, and federal laws, statutes, ordinances, and regulations, and the proposal must factor in all costs of complying with all current permitting, operational, reporting, and other requirements. These include, but are not limited to, 40 CFR Part 503 which establishes general requirements, pollutant limits, operational standards, management practices, monitoring, record keeping, reporting and other requirements with respect to biosolids. RFP2036 - ORGANICS DIVERSION SPECIFICATIONS PAGE 5 OF 23 F. Scope of Work and Services Proposers may submit proposals for operations at East Hawaii only (Item A), West Hawaii only (Item B), or at both East and West Hawaii (Item Q. The Contractor(s) shall provide all necessary equipment, materials and labor to: 1. Receive organic materials from County residents and commercial businesses. 2. Screen all incoming loads to ensure to the greatest extent practicable that loads contain only organic materials as defined in the contract. 3. Process all organics into compost, chips, and/or other soil amendments or landscaping products, or into fuel (FOGs only) according to the operations plan. 4. Submit a written plan, before commencement of operations, to remove end product(s) from the collection site. The Contractor(s) shall be responsible for all end product being accounted for and leaving the East and West Hawai' i sites. 5. All organics must be weighed at a certified commercial scale, with a plan of operations approved by the Solid Waste Division, County of Hawai' i. See the Measurement and Payment section G. below. 6. Conduct all contracted work activities only during regular Transfer Station operating hours, currently 6:30 a.m. to 4:30 p.m. in Kona and 7:00 a.m. to 5 p.m. in Hilo. Proposals should include hours of operation to provide maximum benefit to the public. 7. Be prepared to staff the site(s) with Contractor's personnel during all Transfer Station operating hours. In the future, it is anticipated that there will be a need for personnel to verify weight tickets, probably for all operating hours. Proposals should provide a cost for this eventuality. 8. Provide on-site office facilities from which to oversee and manage operations. RFP2036 - ORGANICS DIVERSION I SPECIFICATIONS PAGE 6 OF 23 9. Provide telephone service to respond to public inquiries in a timely fashion. 10. Provide ongoing maintenance of work site to ensure orderly and safe operations. 11. Regularly remove trash and contaminants sorted from organic materials from the sites. Contractor may dispose of trash from normal operations at the Hilo (or it's replacement facility) and Pu'uanahulu Landfills at no charge. Under no circumstances will rubbish or trash be allowed at any County Solid Waste Transfer Station. 12. Obtain all required County of Hawaii, State of Hawaii, and federal permits and approvals, including a Department of Health operating permit, prior to the start of operations and submit copies to the Department of Environmental Management, County of Hawai' i. In the case of the Department of Health, evidence of a properly completed application for operations must be submitted within ten days; additional time for State of Hawaii processing will be permitted. At present, it is the County's understanding that a general excise tax license and a State of Hawaii Department of Heath permit for each processing or storage site are the only necessary licenses and/or permits, with the obvious addition of such items as appropriate vehicle operators' licenses, etc. However, should there be current requirements the County is unaware of or should future legislation at any level mandate additional requirements, it shall remain solely the Contractor's responsibility to obtain all necessary permits at its own expense. 13. Provide a Site Emergency Action and Evacuation Plan before commencement of operations. 14. Provide a Site Safety and Hazard Mitigation Plan before commencement of operations. RFP2036 - ORGANICS DIVERSION I SPECIFICATIONS I PAGE 7 OF 23 G. 15. Ensure that all Contractor personnel have proper training, and that all safety and other facilities and equipment required to meet State OSHA and other State regulations are present on site in good working order. 16. Provide toilet facilities at site for Contractor's personnel. It is expected the Hilo landfill alternative will have public toilets on site in the future. Provide the amount to be deducted when facility -provided toilets are available on the Proposal Price Form. 17. Contractor(s) shall use the last ninety (90) days of the final contract period to demobilize and clean both sites. All equipment, structures, and facilities not existing on the sites at the beginning of the contract period shall be removed by the Contractor(s), unless otherwise agreed by County in writing. All organic materials existing on the sites at the beginning of the contract period and all organic materials accepted by the Contractor(s) shall be processed and distributed in accordance with the operations plan. The sites shall be graded to the approximate contours existing at the beginning of the contract period, or other mutually agreed upon contours. All trash shall be removed from the sites and disposed of in accordance with contract provisions. Measurement and Payment All work performed by the Contractor(s) shall be compensated as follows: 1. All greenwaste processed through a grinder or chipper shall be weighed by the Contractor after processing. 2. Proposal will provide a detailed plan for weighing or accounting for all organics processed, to be negotiated during contract formation to insure that adequate controls are in place. 3. Biosolids shall be weighed prior to delivery to the Contractor's site. A copy of the weight ticket shall be provided to the Contractor with each load. RFP2036 - ORGANICS DIVERSION SPECIFICATIONS PAGE 8 OF 23 H. 4. The Contractor(s) shall take reasonable measures to ensure that organics are not excessively wet when they are weighed. Reasonable measures shall include, but need not be limited to, covering material storage containers to exclude rain, allowing materials to drain or dry after grinding if sprayed for dust control during grinding, and avoiding weighing materials during or immediately after heavy rain. 5. Contractor(s) shall implement measures to prevent weighing of the same materials more than once. 6. Contractor(s) shall submit invoices to the Solid Waste Division, Department of Environmental Management. Each invoice shall be accompanied by the contractor's copy of the weight ticket for each load billed on the invoice. Each invoice must show the total tons processed for that billing. 7. Mobilization and site preparation may be billed to the County upon completion of those activities and certification by the County Solid Waste Division that the site is ready for operations. 8. Demobilization and site cleanup may be billed to the County upon completion of those activities and certification by the County Solid Waste Division that the site meets contract standards. 9. The County of Hawai'i reserves the right to inspect contractor activities and site conditions at any time during normal hours of operation to ensure compliance with contract provisions. County Provided Services During the course of the contract, the County shall: 1. Make available for contractor's use one East Hawaii site and one West Hawai'i site, cleared and grubbed, as is; see Attachments "A" and "B-1" and "13-2". Proposers shall visit the sites and become familiar with existing conditions. Any improvements shall be detailed in the operations plan and be at the sole expense of the contractor. RFP2036 - ORGANICS DIVERSION SPECIFICATIONS PAGE 9 OF 23 2. Compensate contractor for organics that are processed into end product(s), in accordance with the contract price schedule. I. Insurance The Contractor will be required to provide proof of insurance coverage naming the County as additional insured, for the duration of the agreement, in the following coverages and amounts: 1. Automobile Liability Insurance, with minimum limits of not less than Three Hundred Thousand Dollars ($300,000) for bodily injury or death per person and not less than Fifty Thousand Dollars ($50,000) per occurrence for property damage (Combined Single Limit Acceptable). 2. General Liability Insurance, with minimum limits of not less than Three Hundred Thousand Dollars ($300,000) for bodily injury or death per person and not less than Fifty Thousand Dollars ($50,000) per occurrence for property damage (Combined Single Limit Acceptable). III. INSTRUCTIONS TO PROPOSERS A. Time Schedule The following schedule consists of major events leading up to the selection of the Contractor(s): 1. March 16, 2003: Date of Advertisement in the Hawai'i Tribune Herald, West Hawaii Today and Honolulu Star Bulletin. 2. Thursday, April 4, 2003: Deadline to submit written questions or request for clarification. 3. April 10, 2003: Pre -proposal conference. Attendance is not mandatory but strongly recommended. 4. Wednesday, April 30, 2003: Deadline for receipt of proposals. RFP2036 N ORGANICS DIVERSION SPECIFICATIONS I PAGE 10 OF 23 1 5. Award will be made, if acceptable response received, as soon as possible after the proposal deadline. It is anticipated that award will be confirmed on or before June 1, 2003. 6. September 1, 2003 (or sooner): Selected Contractor(s) should be prepared to begin mobilization and site preparation. 7. October 1, 2003 (or sooner): Contractor(s) begin receiving materials from the public and commence site operations. Ambiguity, Conflict, Discrepancies, Omissions or Other Errors in the Request for Proposals Any interested party who discovers any ambiguity, conflict, discrepancy, omission or other error in the Request for Proposals shall notify the following in writing on or before April 4, 2003: Ms. Barbara Bell, Director Department of Environmental Management 25 Aupuni Street, Suite 208 Hilo, Hawai'i 96720 Modifications or clarification will be made by issuing an addendum by April 20, 2003, and will be given by written notice to all parties who have been furnished the REQUEST FOR PROPOSALS, without divulging the source of the request. If any proposer fails to notify the County prior to the date and time fixed for submission of proposals of an error in the REQUEST FOR PROPOSALS known to him, he shall submit the proposal at his own risk; and if he is selected by the County, he shall not be entitled to additional compensation or time by reason of the error or its later correction. The County may also modify the REQUEST FOR PROPOSALS prior to the date and time fixed for submission of proposals by issuance of an addendum to all parties who have received the REQUEST FOR RFP2036 - ORGANICS DIVERSION I SPECIFICATIONS PAGE 11 OF 23 PROPOSALS, or may issue addenda after negotiations have begun with all proposers whose proposals remain under consideration. All addenda will be numbered consecutively beginning with the number 'T" It shall be the responsibility of the proposer to assure all addenda have been received at all times prior to the opening date and time. C. Interpretation of Provisions Notwithstanding any other provisions, if there is any doubt as to the interpretation of any of the provisions herein, the proposer shall submit an inquiry in writing as in Section B above. An addendum will be issued as indicated above. Any question regarding the interpretation of any provision after proposals have been opened and/or a contract awarded will be subject to a ruling of the Director of Finance, County of Hawaii, whose decision will be final. In addition, the parties hereto agree that the Director shall have the sole power to decide and resolve matters which may arise in the future and which are not covered in this proposal. IV. REQUIREMENTS AND PROCEDURES A. In responding to the "REQUEST FOR PROPOSALS" the following shall be included as a minimum: 1. Qualifications, References, and Other Considerations a. The qualifications of proposer's firm to undertake the scope of work as specified herein. b. A listing of at least two similar organics diversion and/or composting projects undertaken within the past ten years and references for those projects. The listing of clients must include at least three references of persons in authority who were or are RFP2036 N ORGANICS DIVERSION I SPECIFICATIONS PAGE 12 OF 23 substantively involved in overseeing or managing the proposer's work and/or another business or professional relationship, and must include the following: • Name of client (Company or other entity). • Address of client. • Telephone number of client. • Name of principal contact person. • E-mail address of principal contact person. The proposer shall provide a detailed narrative describing similar projects in which the company has been involved as the primary Contractor or owner. The narrative shall describe: • Successes • Problems encountered (such as odors, fires, or complaints from neighbors), solutions applied, and positive and negative outcomes • All compliance actions by regulatory agencies • Lessons learned and their application to this County of Hawai'i project C. The Proposer must have a capable and experienced staff which it intends to commit to the project. The Proposer shall submit with the proposal a list of key staff members available for the project, including their resumes and a list of projects in which they have participated. If any key staff member to be committed to this project is a Certified Composting Program Manager per the U. S. Composting Council and the Solid Waste Association of North America, such qualification should be noted in the resume. RFP2036 - ORGANICS DIVERSION I SPECIFICATIONS PAGE 13 OF 23 d. The Contractor must know and understand State of Hawaii and federal regulations governing composting, biosolids composting (for Proposal Items A and C), management of municipal solid waste, and establishment and operation of composting and recycling facilities. All previous experience with organics collection and processing should be described in response to this Request for Proposals. Lack of experience should be so noted. e. All proposers having an Accounts Receivable account with the County of Hawai' i, Department of Environmental Management, shall be in good standing on that account. 2. Proposal Contents: The required format and contents of the proposal shall include but not be limited to the following: a. Proposal: Each Proposal should include sufficient information to enable the Department to evaluate the capability of the proposer to provide the desired services. 1) Operations Plan The Proposer shall present a detailed written plan for the overall operation. The Operations Plan shall describe the following: • Processing operations for the estimated annual tonnage of organic materials at each site, including all primary and backup methodologies, technologies, systems, equipment, and/or facilities to be utilized. • Proposed bulking agent mix ratios, proposed sources of bulking agents, proposed operational periods and RFP2036 - ORGANICS DIVERSION SPECIFICATIONS PAGE 14 OF 23 procedures for composting and curing, and all process monitoring, including temperature and moisture. Site improvements to be furnished by Contractor, such as grading, operations, facilities, landscaping, etc. On-site and off-site equipment to be used. Methods of collecting materials delivered by the public. Maximum amount of time each class of organics may reside on site before processing, and/or maximum volume of each class of organics that may accumulate on site before processing. For Proposal Price Form Item A (East Hawaii Only) and Proposal Item C (East and West Hawaii Combined), procedures to be implemented to ensure compliance with all applicable County of Hawaii, State of Hawaii, and federal laws and regulations governing the handling, processing, and composting of biosolids from waste water treatment. Materials flow on the sites, specifically including measures to prevent mixing of weighed and non -weighed materials, excessive wetting of materials, and duplicate weighing of materials. Measures to be implemented to prevent or avoid hazardous, potentially dangerous, and nuisance situations inherent in managing large volumes of processed and unprocessed organics, including fires, odors, noise, dust, and vermin. Screening criteria and procedures for incoming loads. RFP2036 N ORGANICS DIVERSION I SPECIFICATIONS PAGE 15 OF 23 C. 21 2) Marketing and Distribution Plan The Contractor shall present a written plan for the marketing and distribution of any end product(s). The plan shall describe in general terms: • End products to be produced by the Contractor. • Target markets for end products. • How and where the end products will be marketed. • Distribution of end products from the project site(s). Cost of Services: The Proposer shall complete and submit the attached Proposal Price Form with the proposal. The County of Hawaii reserves the right to award Items A and B separately, or to award Item C. Respondents who propose on Item C are encouraged to also propose on Items A and/or B. Estimated annual quantities of materials are shown on the Proposal Price Form. Additional information about the County's waste stream may be found on the County's web site at htti)://co.Hawaipi.hi.us/directo[y/dir envmng htm. In the Update to the Integrated Solid Waste Management Plan, Appendix C, there is a comprehensive Waste Composition Study for the East Hawai' i Landfill. Please refer to it for specifics on individual waste streams. All prices shall include all applicable taxes, postage, freight, transportation and any actual or implied expense and shall be based on F.O.B. place of destination, the East Hawai'i or West Hawaii organics diversion site, as applicable. Signature/Letter of Transmittal: The proposal shall be accompanied by a letter of transmittal which should include as a RFP2036 - ORGANICS DIVERSION SPECIFICATIONS I PAGE 16 OF 23 91 minimum, the name of the individual designated as the authorized representative of the firm and a summary of key points of the proposal. The letter should be signed by an authorized individual. If the Proposer is a corporation, the legal name should appear on the letter and the letter should be signed by an officer or officers authorized by the corporation. If the Proposer is a partnership, the true name of the firm is required on the letter, and the letter should be signed by a partner or partners authorized to sign such documents. If an agent is used, a power of attorney or equivalent must accompany the proposal. The name and title of the individual signing must be typed below the signature. A company signature is not acceptable. Submission of Proposal. The proposal shall be submitted as follows: 1. Number of copies: One (1) original and three (3) copies of the proposal, typed, and double spaced. 2. Proposal Preparation Cost: Cost for developing the proposals are entirely the responsibility of the Proposer and shall not be charged to the County. 3. Submission Address: The proposal, along with any required submittals and transmittal letter, shall be submitted NO LATER THAN 4:30 PM, WEDNESDAY, APRIL 30, 2003 to: Director of Finance, County of Hawai'i 25 Aupuni Street, Room 118, Hilo, Hawai'i 96720 Proposals should be mailed or delivered in person to the above address, in either the envelope provided with this proposal or packaging of Proposer's preference, RFP2036 - ORGANICS DIVERSION SPECIFICATIONS PAGE 17 OF 23 provided that the Request for Proposals number, name, and Proposer's name is clearly printed on the outside. All proposals received will be time -stamped and deposited in the locked bid box of the Purchasing Division until the deadline. Proposals that are mailed in must arrive in the Purchasing Division before the time deadline; proposals received after the deadline will be returned unopened to the sender. The Proposer shall be solely responsible for the timely arrival of its proposal. Proposals will not be publicly opened, nor will the names of the individuals or firms who have submitted proposals be made public, until such time as an award is made or all proposals rejected. After award, all proposals shall be public information except proposal sections containing proprietary information or other information not appropriate for public perusal which shall be sealed by the Proposer in a separate envelope marked "PROPRIETARY INFORMATION." V. INDEMNITY The Proposer shall conduct its activities as not to endanger any person; and shall indemnify, save and hold harmless the County and all of its officers, agents, and employees, from any and all claims for losses, injuries, damages, and liabilities to persons or property occasioned wholly or in part by acts or omissions of the Proposer, its agents, officers, employees, or any persons under the control of the Proposer. Proposals that do not provide indemnification to the County as required by this section shall not be considered. VI. WITHDRAWAL OF PROPOSALS A Proposer may withdraw his proposal by submitting a written request to the Director of Finance any time prior to proposal deadline. RFP2036 N ORGANICS DIVERSION SPECIFICATIONS PAGE 18 OF 23 VII. REJECTION OF PROPOSALS The Director of Finance reserves the right to accept or reject any or all proposals and to waive any defects in said REQUEST FOR PROPOSALS if deemed to be in the best interest of the County. VIII. CONTACT FOR INFORMATION If the Proposer requires additional information from the County, arrangements shall be made through Ms. Barbara Bell, Director, Department of Environmental Management, 25 Aupuni Street, Suite 208, Hilo, Hawaii 96720; telephone number: (808) 961-8083. However all proposers are cautioned that no verba/ information may be considered in providing a proposal. Only written addenda in response to written questions or comments will be considered as alteration to this request for proposal. IX. EVALUATION AND SELECTION The County may award a Contract on the basis of initial proposals received. Therefore, each proposal should contain the Proposer's best terms from a cost and performance standpoint. Only those proposals that substantially meet all of the terms, conditions, and requirements specified in this RFP shall be considered. These proposals will become Priority Listed Offerors. All other proposals shall be considered to be non-responsive and shall be eliminated from the evaluation and selection process. Entirely at the County's option, oral or written discussions may be conducted with any Priority Listed Offeror concerning clarification of the technical and cost aspects of the Proposer's proposal. RFP2036 - ORGANICS DIVERSION SPECIFICATIONS I PAGE 19 OF 23 Entirely at the County's option, Proposers who submit proposals that qualify for evaluation and selection may be afforded the opportunity to revise their proposals, including compensation, so as to present their best and final offers; provided no Proposer's proposal or information regarding the negotiation with the County shall be public information or shared with any other Proposer until after an award is made. Evaluation will be conducted by persons selected by the Director of Environmental Management. Evaluators will be asked to participate in this process based on their individual expertise, familiarity with greenwaste, composting and biosolids, or for any reason deemed appropriate by the Director of Environmental Management. The Evaluators shall review the proposals and submit a recommendation to the Director of Environmental Management. In evaluating proposals, any pages marked "PROPRIETARY," "CONFIDENTIAL," or otherwise clearly intended not to be made public WILL NOT be considered, except those dealing with financial resources and condition or references, existing customers and the like. Thus, if all pages of a proposal are marked as not public information, the proposal may be rejected. Upon selection as either the vendor of choice or as a Priority Listed Offeror, the proprietary information shall then be considered only to verify the status of the proposal. All written proposals shall be reviewed to insure compliance with these specifications. Any proposal without sufficient information or documentation shall be deemed unresponsive and will not be considered. It is understood and agreed that the Director of Environmental Management reserves the right to RFP2036 N ORGANICS DIVERSION I SPECIFICATIONS PAGE 20 OF 23 accept or reject any proposal and waive all defects and informalities as may be deemed best for the interest of the County of Hawai ' i. All responsive proposals will be reviewed by a review committee, determined by the Director of Environmental Management. From all responsive proposals, the review committee shall select a priority list of the top three Offerors to enter into further discussions as to the exact scope of services and the nature of what is required for the project. Based on these discussions, the Director of Environmental Management may revise the Proposal Requirements and/or the Proposal Evaluation Criteria for all Offerors to make their best and final offer. The priority list of Offerors shall submit a best and final offer to the County at a time and place determined by the Director of Environmental Management. The review committee will then rate the best and final offers based on either the original proposal evaluation criteria or as may have been modified by the Director of Environmental Management after clarification of the nature and scope of services of the project and issuance of an addendum changing any evaluation criteria prior to the deadline for best and final offers. RFP2036 N ORGANICS DIVERSION SPECIFICATIONS PAGE 21 OF 23 Evaluation criteria: ITEM VALUE A. Technical Criteria Maximum Score: 30 1. Operations Plan 2. Marketing and/or Distribution Plan 3. Proposer's understanding of scope of work and services 4. Optional materials included in operations plan, based on the projected amount of landfill diversion. B. Management Criteria Maximum Score: 30 1. Proposer's experience 2. Staffing Plan 3. References C. Cost Maximum Score 40 Total Maximum Score: 100 The Director of Environmental Management shall be the sole judge in the selection of the Proposer whose proposal will best accomplish the needs of the County. In doing the selection, the Director of Environmental Management will consider the recommendation of the Evaluators and availability of funds. X. AWARD OF THE PROJECT Award of the project, if any, shall be made to the Offeror with the highest evaluation score of the Review Committee, based on the initial offer, or, if requested, submissions of the best and final offers from the priority list of Offerors. The County may at its discretion award a single contract for a proposal that includes both East and West Hawaii operations, or separate contracts for the two sites. The County may also reject all proposals and re -advertise the Request for Proposals. RFP2036 - ORGANICS DIVERSION SPECIFICATIONS PAGE 22 OF 23 XI. TIME OF AGREEMENT A written agreement shall be entered into between the County and the selected Proposer for a period of five years beginning with the Notice to Proceed. This shall be a price agreement and at all times subject to the availability of funds. The agreement may, at the sole discretion of the County, be renewed thereafter for one additional five year period. Contract prices for any such additional five- year period shall be negotiated by the County and the Contractor, and shall be based on initial prices, with allowance for increases not exceeding the Consumer Price Index. Agreement renewals shall be subject to the availability and appropriation of funds by the County Council. If at anytime there is a significant change in law that may affect either prices or other terms of the agreement, the County and the Contractor may negotiate such items as necessary. Proposals should include terms and conditions for withdrawal or termination from the contract by either party (which will be negotiated during contract formation) should it become necessary due to unforeseen circumstances. XII. TERMS OF THE CONTRACT The terms and conditions shall be set forth in the award. If the terms are not agreeable to the successful Proposer and if no agreement can be reached by both parties, the award may be dissolved without penalty to either party. RFP2036 N ORGANICS DIVERSION SPECIFICATIONS PAGE 23 OF 23 C East and West Hawaii Combined C1 Mobilization and Site Preparation Mandatory Lump Sum 1 C2 Greenwaste Mandatory Tons 12,000 C3 Bioso ids Mandato ons 1,028$ ,C4 Demobilization an Site Cleanup Mandatory Lump Sum 1 CS Animal Carcasses & Scraps 0 tiona Tons 1,0_90 $ $ C6 Fats, Oils Grease FOGS Optional Tons 120 $ C7 Food Scraps Optional Tons no scale data $ C8 JGypsum Optional Tons no -scale a ata C9 C10 Paper Fiber Extra Charge -staffing to verify weight tickets Optional Mandatory Tons no scale data Monty 37230 $ $ C11 Discount for w en toilet facilities are available from County. Mandatory Monthly P otai ,,LCe4n t;. ;tasr,,5nq,,vv PsL.,,"aw��A �ro nF. �r�RIs Important Note: The County of Hawaii reserves the right to award Items A and 1B separately, or to award Item C. proposers who propose on Ite;; C are encouraged to also propose on Items A and S. z V%� � I waive, :aKI ESRI ArcExplorer 2.0 Kailua Landfill/Transfer Station/Baseyard Uicinity Map Coastline TM1f2002 N Friday, Dee 6 2002 /KE�ALAKEHE RUBBISH DUMP SITE G.L. S-4029 to County of Horou 1 U.cvic DUlrlevllm Sve.lellm all$ n �1Tl�ffiGlE� ,E:fOnlit N SPECIAL PROVISIONS N 1. PROPOSAL ACCEPTANCE/REYMON.' The County reserves the right to reject any and all proposals and to accept the proposals in whole or in part as best suited in the interest of the County, giving due consideration to price, quality of product and proven dependability and ability of each proposer with respect to ability to serve the County. 2. DIJR47ION OF CONTRACT.' Contract shall be effective upon the notice to proceed for a period of five years, renewable for an additional five year period solely at the option of the County. Contract unit prices will be negotiated prior to any renewal. 3. DEVIATIONS.' The Director of Finance reserves the right to waive and/or accept any minor deviations from the specifications, if in his opinion, such waiver will be in the best interest of the County and that such waiver shall not affect in any way the standards of performance, operations, capacities or quality of the equipment offered. 4. PROP05AL RECEIPT.' All proposals received will be time -stamped and deposited in the locked bid box of the Purchasing Division until the deadline for receipt. Proposals that are mailed in must arrive in the Purchasing Division before the date and time of deadline; proposals received after the deadline may be returned unopened to the sender or accepted if no unfairness to any proposer will result. The proposer shall be solely responsible for the timely arrival of its proposal. Phooosa/s wi//nothe ooenedpub/ic/yand will become public information only upon completion of contract(s) or rejection of all proposals._ 5. TAXCLEAR4NCE.' All successful proposers, including out-of-state proposers, must apply to the Hawaii State Tax Office and the Internal Revenue Service in conformance with HRS, 103-53, for a tax clearance prior to a Contract being issued and again with the final payment. In the event an apparent successful proposer is unable to furnish appropriate certificates within ten (10) calendar days of being requested to do so, the County may proceed to award to the next most attractive proposer who shall furnish said certificates. It is not regu/red but strono/v suggested that omposers furnish tax clearances with their proposa/s 6. PAYMENT Payment will be made as soon as practical in the normal course of business upon proper invoicing and satisfactory documentation of amounts of materials processed. Invoices should be mailed or delivered to the Department of Environmental Management at 25 Aupuni Street, Room 208, Hilo, Hawaii 96720, or at such other location as may be required. 7. PROTESTS AND FORUM SELECTION.• Any protest regarding procurement law or procedure shall strictly follow the procedure described in Chapter 126, Hawaii Administrative Rules, Department of Accounting and General Services, Subtitle 11, Procurement Policy Board. All protests must be filed in writing to Mr. William Takaba, Chief Procurement officer, County of Hawai'i. It shall be the responsibility of any protester to review all public documents relating to this IFB or RFP and his or any other vendor's Contract award WITHINFIVE(5) DAK5of the date the information or action, which is the basis of the protest, became available for public inspection and file all protests within that period. Any protest regarding the content of this solicitation must be properly filed prior to the date set for the receipt of offers. While the County may make efforts to notify all RFP 2036 ORGANICS DIVERSION N SPECIAL PROVISIONS PAGE 1 OF 7 participants of awards, failure to receive such notification shall not relieve any aggrieved bidder of their responsibility of reviewing public records on a timely basis, and filing their protest WITHINFIVE (5) DAYSof the date a "Notice of Award" is posted on the bulletin board in the Purchasing Division lobby area, Room 118, 25 Aupuni Street, Hilo, Hawaii. No other action or proceeding involving this Contract shall be commenced by either party except in the Circuit or District Courts of the Third Circuit, County of Hawaii, State of Hawaii; nor shall any action commenced in such court be removed or transferred to any other State or Federal Court. 8. INDEPENDENT CONTRACTOR.- The Contractor shall perform the Contract as an independent Contractor and shall indemnify and save the County and its officers and employees harmless from any and all deaths, injuries, losses and damages, suits, action and liability therefor, caused by error, omissions or negligence in the performance of the Contract by the Contractor or his subcontractors, agents and/or employees, until such time as action against the Contractor for death, injuries, losses and damages is barred by the provisions of Chapter 657, HRS, as amended, relating to limitations of actions. 9. LAWSAND REGULA770NS.• The Contractor shall keep himself fully informed of all laws, ordinances, codes, rules and regulations, governmental general and development plans, setback limitations, rights-of-way, and all changes thereto, which in any manner affect the contract and the performance thereof, including but not limited to: A. All Sections of the Hawaii County Charter and Hawai i County Code. B. Chapters 103 and 103D, HRS, as amended, relating to expenditure of public money and procurement. C. Chapter 321, HRS, as amended. Relating to Health Department. D. Chapter 376, HRS, as amended, relating to industrial safety. E. Chapter 378, HRS, as amended, relating to fair employment practices. F. Chapter 386, HRS, as amended, relating to worker's compensation. The Contractor shall comply with all such present laws, ordinances, codes, rules and regulations, including the giving of all notices necessary and incident to the proper and lawful prosecution of the work, and all changes thereto. If any discrepancy or inconsistency is discovered between the Contract and any such law, ordinance, code, rule or regulation, the Contractor shall forthwith report the same in writing to the Director and/or Officer -in -Charge. 10. 77MEOFPERFORMANCE OFCON 7P.4CT Time is of the essence. Performance of the services under the Contract shall be commenced on the commencement date designated in the Notice to Proceed and the services as required shall be completed within the number of calendar days specified. 11. DELAY IN PERFORMANCE OF CON7R4CT.• If any delay in the performance of the services under the Contract occurs as a result of unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not limited to, acts of RFP 2036 ORGANICS DIVERSION N SPECIAL PROVISIONS PAGE 2 OF 7 God, acts of the public enemy, acts of the County with respect to the Contract, 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 suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers, then the Contractor shall be granted an extension of the time for performance corresponding to the delay. If as a result of the delay completion of performance within the extended time would cause undue hardship to the Contractor, the Director may, in his discretion, grant a further extension of the time for performance. No extension of time, however, shall be granted unless a written application therefor stating in detail the cause or causes of delay is filed by the Contractor with the Director or Officer - in -Charge WITHIN 7FN (10) CALENDAR DAYSafter the commencement of the delay. The number of days of each extension of time shall be determined by the Director upon the recommendation of the Officer -in -Charge. No such extension shall be deemed a waiver of the right of the County to require the completion of the services under the Contract within the time required herein as so extended by the specific terms of such extension or extensions, nor a waiver of the right to terminate the Contract for any other or additional delay not covered by the specific terms of such extension or extensions. 12. PROSECU770N OF THE WORK.• The Contractor shall be available upon reasonable demand to discuss the progress of the services being performed under Contract. All questions arising during the performance of the Contract which must be resolved by the Director or Officer -in -Charge shall be brought to their immediate attention. 13. AUTHORITY OF THE OFFICER IN-CHARGEAND DIRECTOR. Any question or dispute concerning any provision of the Contract which may arise during its performance shall be decided by the Director and/or Officer -in -Charge. The decisions of the Director and/or Officer -in -Charge shall be final and binding upon all parties unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence, provided that decisions on questions or disputes relating to acceptance of the services performed under the Contract, suspension or termination of the Contract, extension of time, reduction or increase in the compensation of the Contractor and payment shall become final and binding upon all parties only upon approval of the Director, and provided further that nothing herein shall be construed as making final and binding any decision of the Officer -in -Charge and/or Director on a question of law. Pending final decision of any dispute or question, the Contractor shall proceed diligently with the performance of services under the Contract in accordance with the decision of the Officer -in -Charge and/or Director. 14. COOPERATION BY 777E COU11/77: The County shall, without cost to the Contractor, through the Director and/or Officer -in -Charge, cooperate fully with the Contractor and will promptly place at the disposal of the Contractor all available pertinent information which the County may have in its possession. The County will certify to the accuracy of certain information in writing whenever it is possible to do so. The County does not represent that other information not certified as accurate is so and takes no responsibility therefor and the Contractor shall rely on such information at his own risk. 15. REMIEW BY THE COUNTY- The County shall review all submittals and other work and data required to be made by the Contractor and reject or approve such submittals in their entirety or approve the same subject to such deletions, additions and revisions as the County may deem necessary and proper. In submittals specified in the special provisions, RFP 2036 ORGANICS DIVERSION SPECIAL PROVISIONS I PAGE 3 OF 7 all items not required by the County to be deleted, added or revised after review by the County and not defective by reason or error, omission or negligence on the part of the Contractor, his subcontractor, agents or employees shall be deemed to have been approved. 16. COMPENSATION.• The Contractor shall be paid the amount stated in the written agreement or the same determined in accordance with the special provisions, whichever is lower, less any reduction in compensation and plus any increase in compensation pursuant to paragraph 19 of these Special Provisions, as full compensation for the performance of the services under the Contract. 17. ABANDONMENT OF THE PROJECT; DEATH OR DISABILITY OF CONTRACTOR.- In the event the County terminates the Contract because it wishes to abandon, defer, restudy or revise the project, or in the event the Contractor, in the case of an individual, dies or becomes physically or mentally disabled, the Contractor or his estate shall be compensated in the same proportion of the compensation under the Contract as the services performed bear to the services to be performed under the Contract. 18. PROGRESS PAYMENTS.• The Contractor's compensation shall be paid in periodic progress payments only if specifically called for by a separate schedule in the Contract or Agreement. In the event there is no specific schedule, payment shall be in the normal course of business following the proper completion of all work, terms and conditions of the Contract. 19. REDUCTION OR INCREASE IN COMPENSA770N.• The compensation of the Contractor shall be reduced whenever modification of the Contract or designs and plans pursuant to paragraph 20 of Special Provisions reduce the services to be performed by the Contractor. The compensation of the Contractor shall be increased to reimburse him for increased costs to perform the services under Contract if performance of the services is delayed for more than six (6) months by an act or omission of the County. No such reimbursement, however, shall be made unless he files a written application therefor with the Director and/or Officer -in -Charge within thirty (30) calendar days after termination of the delay. In addition, the compensation of the Contractor shall be increased whenever modification of the Contract pursuant to paragraph 20 of Special Provisions requires the Contractor to perform services not required under the Contract and whenever modification of designs and plans or studies is required pursuant to paragraph 20 of Special Provisions after the designs and plans or studies have been approved by the County. For each such modification and each modification reducing the services to be performed by the Contractor, the compensation of the Contractor shall be increased or reduced in accordance with the supplemental agreement or if no supplemental agreement has been entered into, by an amount equal to the sum total of the following: (a) Wages of employees actually engaged in the services required by the modification and the salary cost of principals when actually engaged in such services in the case of an increase in compensation or the wages of employees and the salary cost of principals who would have been so engaged in the case of a reduction in compensation; RFP 2036 ORGANICS DIVERSION I SPECIAL PROVISIONS PAGE 4 OF 7 (b) One hundred fifty percent (150%) of (a) for all other overhead, including bonus allowances, cost of supplies used, cost of transportation within the County of Hawai9 required for the project and profit; and (c) Other direct costs, including the cost of transportation to and from destinations outside of the County of Hawaii and long distance telephone calls and/or data transmission costs; and (d) The State of Hawaii General Excise Tax payable by the Contractor on (a), (b), and (c). 20. MODIFIC47ION5 OF CONTRACT- The County may at any time make such modifications in the contract as it deems necessary and advisable. Such modifications shall be made by a supplemental agreement in writing or by written order of the Director; provided that modifications by such a written order shall be limited to modifications in the scope of services; and provided further that modifications involving no reduction or increase in compensation of the Contractor may be made by written order of the Director and/or Officer -in -Charge. Upon receipt of a written order, the Contractor shall proceed with the modification as ordered. If the Contractor does not agree with any of the terms or conditions of or with the amount of the reduction or increase in compensation provided for in the order, he shall file with the Director and/or Officer -in -Charge a written protest setting forth his reasons in detail within ten (10) calendar days after receipt of the order. The protest shall be disposed of pursuant to the provisions of paragraph 13, A07HORITYOF7HEOFFMER- 1114-CHARGEAND DIRECTOR. Failure to file such protest within the time specified shall constitute agreement on the part of the Contractor with the terms, conditions and amount in the order. In the event the Contractor for reasons related to safety does not agree with and refuses to proceed with the modifications required by the County in the written order, the Director may allow the Contractor to withdraw from the Contract without breach, provided the Contractor files with the Director a written protest setting forth his reasons in detail within ten (10) calendar days after receipt of the order. If withdrawal is allowed, the Contractor shall be compensated in the same proportion of the compensation services to be performed under the Contract. 21. ASSIGNMENT OF MONEY DUE OR PAYABLE- Assignments of money due or to become payable to the Contractor under the Contract shall not be valid without the prior written consent of the Director. The rights of the assignee to moneys due or to become due to the Contractor shall be subject to paragraph 25 of Special Provisions. 22. ACCEPTANCE AND FINAL PAYMENT Final payment will be made only after the issuance of a notice of final approval and acceptance by the Director advising the Contractor of the satisfactory fulfillment of the terms of the Contract. This being a price agreement, no certificate from the Director of Taxation, as provided in Section 103-53, HRS, will be required. Acceptance by the Contractor of the final payment shall constitute payment in full for all services performed under the Contract. 23. RIGHT OF THE COUNTY TO TERMINATE.• The County shall have the right to suspend performance of the services under the Contract or terminate the Contract in whole or in RFP 2036 ORGANICS DIVERSION N SPECIAL PROVISIONS PAGE 5 OF 7 part at any time by written notice to the Contractor. Upon termination, all data, plans, specifications, reports, estimates, summaries, completed work and work in progress and such other information and materials as may have been accumulated by the Contractor in the performance of his services shall, in the manner and to the extent determined by the Director and/or Officer -in -Charge, become the property of and be delivered to the County. If the termination is for reasons other than default of the Contractor as provided in paragraph 24, the Contractor shall be compensated in accordance with paragraph 19. 24. TERMINATION BECAUSE OF CONTRACTORS ,DEFAULT.' The County shall have the right to enter into a new Contract with another Contractor and pay a reasonable compensation for such services as may be necessary to properly complete the services under the Contract if it terminates the same because the Contractor: A. Fails to begin work under the Contract at the time required; or B. Is unnecessarily delaying the performance of the Contract or any part thereof; or C. Is failing to perform the Contract with sufficient or adequate personnel, equipment or materials or is not making sufficient progress to ensure the completion of the Contract within the time specified; or D. Fails to perform the Contract in accordance with direction of the Director and/or Officer -in -Charge; or E. Discontinues performance of the Contract; or F. Fails to re -commence performance of the Contract within a reasonable time after service of a written order to do so if the performance had been suspended; or G. Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency; or H. Allows any final judgment to stand against him unsatisfied for a period of ten (10) calendar days; or I. Makes an assignment for the benefit of creditors; or J. Fails to pay for all labor, tools, materials and equipment; or K. Has abandoned the Contract; or L. Violates or fails to comply with any of the terms, covenants and conditions of the Contract. The fee of such other Contractor shall be paid from any unexpended amount of the compensation under the contract. Should the compensation of such other Contractor exceed such unexpended amount, then the Contractor shall reimburse the County for the difference as part of the damages caused by Contractor's default. After payment of the compensation of such other consultant, any remaining unexpended amount of the compensation payable under the Contract shall be paid to the original Contractor. RFP 2036 ORGANICS DIVERSION N SPECIAL PROVISIONS ^' PAGE 6 OF 7 The provisions of this subsection shall not apply if the Contractor is an individual and the default is due to his death or mental or physical disability. 25. AUTHORITY TO WITHHOLD MONEY DUE OR PAYABLE: The County may withhold such amounts from the money due or to become payable under the Contract to the Contractor, or any assignee under paragraph 21, as may be necessary to protect the County against liability or to satisfy obligations of the Contractor to the County and to employees, subcontractors and material men who have performed labor or furnished material and equipment under the Contract and may make such payments from such amount as may be necessary to discharge such obligations and protect the County. 26. REMEDIES NOT EXCLUSIVE The express provision herein of certain measures which may be exercised by the County for its protection shall not be construed to preclude the County from exercising any other or further legal or equitable right to protect its interests. 27. SERVICES: It is understood and agreed that any services to be provided in accordance with the terms of this Contract may be terminated immediately, in whole or in part, upon a finding by the County that these services must be provided by public employees, pursuant to Civil Service Laws or that such services will be discontinued. It is further understood, that should such a finding be made, the County will not be liable under this Contract for any resulting damages, and such a termination will not be considered a breach of this Agreement. 28. CONSTRUCTION OF CONTRACT The masculine shall be deemed to embrace and include the feminine and the singular shall be deemed to embrace and include the plural, whenever required in the context of the Contract. RFP 2036 ORGANICS DIVERSION N Harry Kim William Takaba Mayor Director County of Hawaii Nancy Crawford PURCHASING DIVISION Deputy DEPARTMENT OF FINANCE Bill Gray 25 Aupuni Street, Room 118 • Hilo, Hawaii 967204252 Purchasing Agent (808)961-8231 • Fax (808)961-8248 April 25, 2003 TO: All Prospective Proposers FROM: Director of Finance SUBJECT: REQUEST FOR PROPOSAL NO. 2036: FURNISHING AND IMPLEMENTING AN ORGANICS DIVERSION AND COMPOSTING PROGRAM FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, COUNTY OF HAWAI'I ADDENDUM NO. 1 The following questions were received and answered at the pre -proposal conference held on April 10, 2003. Questions are numbered and are identified by italics. Answers are not italicized and are in bold. The answers may have been altered or augmented after the pre -proposal conference. The following constitute the only official information, which should now be considered included in the specifications. Proposers are also reminded that any exceptions or requested revisions to specifications should be documented in the offeror's proposal. What is the present program costing you right now? For this year, and the next fiscal year, we have $600,000 per year in the budget. 2. How much per ton? The present contract is based on a minimum tonnage of 500 tons for Kona, 500 tons for Hilo, 1000 tons total. The amount per ton varies with the total processed. The range is from $17-$49/ton. 3. How much do you pay to dispose of the bio -solids? For blosolids, we pay ourselves $35 per ton at the landfill. RFP 2036 - Organics Diversion Addendum No.1 April 25, 2003 Page 2 of 8 4. What are you envisioning in terms of what you would like to see in terms of structure? Is it going to be a straight contracting? Is it going to be a joint venture? It is a joint venture only because the County must facilitate and be supportive of any program to ensure success. The Department and the Mayor are supportive. If we need a greenwaste ban at the landfills, or to charge a tip fee for greenwaste, it requires County Council action. The Department is willing to work for any legislative changes in a timely manner. There will be a detailed contract between the County and the vendor. The vendor will own the end -product. The County does not expect to share in any revenue generated from the end -product. 5. Can you guarantee the contract for five years for a set amount of money into the future? The County cannot guarantee funding in a future fiscal year because the County Council has the "power of the purse -strings". We cannot assure anyone what a future Council may, or may not, do. The anticipated contract will be for five years, renewable at our option for an additional five-year period. Before we enter into the contract we will present the proposed contract to the Council for a resolution authorizing a multi-year agreement, to gain concurrence of the concept of a financial obligation in a future fiscal year. If the Council approves the resolution, we are at least morally but not legally obligating the present Council members to approve funds in future years. The problems are, a) there may be different council members in the future who don't agree with the previous commitment; b) finances may require reductions in programs; and c) technology may change, rendering the program unnecessary. For a) we have found that the Council Resolution helps everyone recognize the County commitment to a program. For b) we have found that good and efficient programs retain their funding levels from year to year. This program is designed around time-honored principles of organic waste becoming a soil amendment. For c) we do not expect unusual or new technologies based on organics grinding or composting. 6. The Request For Proposals provides estimated annual amounts; is there any limit? If the county decided they wanted to bring 10 times the amount of greenwaste, can they do that? Since this is an RFP and since the contract we have now is not based on a unit price, you can propose minimums or maximums. 7. Could it ever be more than 6000 tons? Yes. Please note the changes to the Proposal Price Form. Our estimated tonnage for East and West Hawaii is now 10,000 tons each, or 20,000 tons annually for the whole island. This is based on tonnages received at the existing greenwaste drop site for the months of January, February and March, 2003. RFP 2036 - Organics Diversion Addendum No. 1 April 25, 2003 Page 3 of 8 8. Can the county afford it, or afford not to do it, when the volume of greenwaste increases? We have a good idea of our costs at the landfills and our other operations. We believe composting will be more cost effective than other methods. 9. What's the landfill tipping fee here now? $35/ton. The Department has a proposal before the County Council to raise the landfill tipping fee by $10 per year for the next 5 years. It passed from Finance Committee on April 15. 10. Does that cover your landfill operation costs or do you have to bring from the general fund? The General Fund covers about 70% of the Solid Waste Division's expenses. Last fiscal year, our best cost estimates are around $55 ton at the landfills and $751ton at the transfer stations. We expect these costs to increase when the Hilo landfill closes, around Fall, 2004. 11. We understand you are requiring the 503 40 DFR regulations be adhered to. Is the US Composting Council Seal of Approval required for all material, bulk as well as bagged? Yes. 12. What can you tell me about the Hilo site? Is the site the current site where the greenwaste is right now? (A conceptual map of Sort Station was distributed and is attached hereto.) The composting site is planned for the parcel next to our existing transfer station and greenwaste grinding site. The present operation, which includes drop-off from residential and commercial, as well as grinding, is located on the Hilo Solid Waste Transfer Station site, TMK 3-2-1-13:150. The composting site is intended for the next parcel, TMK 3-2-1-13:167, following acceptance of the EIS for the Sort Station. Present Site: Approximately 2 acres. Scale is located within 1/2mile, at the entrance to the Hilo landfill. There are no utilities at the site. Future Site: Approximately 10 acres. Scale will be located within 1 mile, in conjunction with the proposed Sort Station. Water and electric planned for site. If you need 3-phase, let us know. Timing: We are now in the process of designing the Sort station. There will be an EIS for the entire project. A full design is planned to be completed by September, 2003 with construction of the facility to begin by December, 2003. The organics diversion area could be the first operational component of the Sort Station. Composting operations could start after the EIS is approved and required permits are secured. The Hilo landfill is expected to close in late 2004. RFP 2036 - Organics Diversion Addendum No. 1 April 25, 2003 Page 4 of 8 13. So if the contractor's supposed to begin receiving greenwaste in October, where would they receive it? We are expecting proposals to include a two-part process. To continue collecting, and grinding at the existing greenwaste site and moving to a composting operation as soon as possible. 14. How should we apply for DOH Solid Waste permits? We have asked DOH how they would prefer the permit application, with both Tax Map Key numbers or not. The County will help with the application process as may be appropriate but cannot guarantee that a permit will be issued. 15. What can you tell me about the Kona site? /s the site the current site where the greenwaste is right now? This is a similar situation to Hilo. The scrap metal yard shares the site in Kona with the present greenwaste operation. The County is in the process of reducing the backlog of scrap metal. We find there is enough physical space to do a greenwaste collection and chipping operation at the present location. There is not enough room to do a composting operation. Present Site: Approximately 2 acres. West Hawaii Concrete has a scale that is located about 2 miles away, at their Kona yard. There is water at the site. There is no electricity at the site. There is also a scale at Pu'uanahulu landfill, approximately 15 miles away. The site TMK# is 3-7-4-08:058. Possible Future Site: Approximately 10 acres, across the highway from the present greenwaste site, adjacent to the Kealakehe wastewater treatment plant. The County is not planning on providing a scale at the new site. There is more than enough R-2 water generated from the wastewater treatment plant. TMK 3-7-4-008:058 and 3-7-4-008:073. Timing: The property adjacent to the wastewater treatment plant is undeveloped. It is owned and controlled by the County, through the Wastewater Division of the Department. Any proposals will need to consider that the facility is not presently a public facility. It is presently used only by Wastewater personnel. Security of the wastewater plant needs to be addressed. 16. If 1 want to set up a site there, and get all my equipment in place, I come up with my plan. 1 figure these are my expenses. 1 may bid $150,000 to do that. When, in fact I do incur those costs, I give you the bills and you pay me back for mobilizing and setting up the facility. If it's more than that, it's my loss. If it's less than that, you only pay me back for what I put in. No. This is not a cost-plus contract. You are expected to recover your up- front costs within the context of unit prices for greenwaste and/or biosolids. Use the adjusted Proposal Price Form attached to this addendum. RFP 2036 - Organics Diversion Addendum No.1 April 25, 2003 Page 5 of 8 17. If we spend $100,000 to setup the area, charging it in our per ton pricing, I would assume that stuff then belongs to you. Yes, all the permanent improvements such as scales, slabs, water lines, ponds, etc. You would own the mobile equipment. 18. Do you prefer the bid for bio -solids to be based on wet tons or dry tons? The way we measure our biosolids is based on dry tons, at an average of 20% moisture content. You may bid wet and/or dry tons. 19. 1 believe the law requires a paint screen test before biosolids go into a landfill. Yes. 20. How difficult was the bulldozing and site preparation when the wastewater treatment plant in Kona was built? Depends on how much excavating you need to do. If it's just rough grading, that's already a pretty good site. There's lava rock, but if you have to go down at all, you're blasting. Kiewit did go in with a D-11 with a hydraulic rock ripper. They actually ripped it rather quickly but I don't know if there's a D-11 in the state anymore. We have topo maps. The rock crushing operation was already on that side. That's why I proposed that site for this composting operation. It's all pretty well graded, at least an acre. 21. Can we visit the site today? Yes. (Site visits were arranged for that afternoon with Peter Boucher, Wastewater Division Chief.). 22. Is there a possibility a site at the landfill at Pu'uanahulu? It is a possibility. The biggest problem is there's not much water. It's unbulldozed lava at this point. We have not decided between the two possible sites at this time. 23. What is the size of the potential site on your property and what are the parameters that are inclusive of that one potential site? The composting site area is at least 10 acres (about 300' by 2400'). The wastewater treatment plant is approximately 20 acres. It's comprised of large aerated lagoons and there is about a 100 -foot swath that's outside our existing fence right now that's still our property, that's covered by this flat area that was the crushing area and so forth, by about 2400 feet. That's our existing plant site. We also have an additional 200 feet around the whole plant. RFP 2036 - Organics Diversion Addendum No. 1 24. And 100 feet wide of that is already rough graded? On a portion of it, it's fine graded. It's nice. We have topographical maps of all of it if anybody wants to look at them. 25. Is it R 1 ? No, it's R2. It's a wastewater treatment plant. It comes in as raw sewage and it goes through 5 aerated lagoons. When it exits from the last lagoon, it goes into an effluent pump station where we add chlorine, and then pump it out. 26. That's the water that would be used for the composting? The water is available anywhere along the line. Also, what might be of more interest to someone who is doing composting — the first lagoon the raw sewage goes into is the largest one, maybe about 4 acres, and that's the most heavily aerated, and over time the sludge does settle in there. We have about 3 feet of fluffy sludge that may be condensed to about one foot that has been generated over the last ten years. At some time, that has to be removed. If somebody wanted to use this sludge, you can set up a vacuum rig — the Waikoloa Land Company has one set up right now in the lagoon. You can set a guide wire across the lagoon and the machine crawls across, vacuuming and pumping out the sludge. It would be wet but you'd get the organics and all with it and if you need to add water, that would seem to be a good source. It would also be beneficial to us over the long term. About every 20 years we need to be looking at cleaning out those lagoons, so that would be an ongoing process. April 25, 2003 Page 6 of 8 27. Does the county have an area somewhere else — maybe one central location where a composting facility can be done and then bring the materials from the 2 sides of the island to one central location where you already know, yes, we've got 30 acres here and there's water available? If you are looking for one central location, we would propose the Hilo site. That's where we have the land. You may also propose on a location based on your own site. 28. Does the county have any analysis of wind direction at the Hilo or Kona site? No. An EIS is being done for the Sort Station site in Hilo. An EIS was done for the Kealakehe Wastewater Treatment Facility in Kona. 29. Would an air quality study be required, as part of our proposal? No. If DOH requires it for your permit then you would need it. RFP 2036 - Organics Diversion Addendum No. 1 April 25, 2003 Page 7 of 8 30. In the specifications, there's a reference to the fact that a properly completed application of operations must be submitted within 10 days — 10 days of what? After a contractor has been selected and a contract document is negotiated, the County makes a final draft of the contract and mails it to the selected Contractor for execution. The ten days begins when the proposed Contractor receives the documents for his/her execution. After the contracts and all required submittals are returned in proper order, the County then executes (signs them) and the final step is a "Notice to Proceed," which is issued to the Contractor with a copy of the completely executed contract. 31. What do you know about pathogens in the bio -solids? Biosolids taken from the lagoons are untreated and as such should be expected to contain significant amounts of pathogens. We shouldn't have many pathogens in our effluent water. When we test before we chlorinate, typically we have very low levels of fecal chloroforms. Our plant is oversized and the suspended solids are for the most part algae. We have very high water In attendance at the pre -proposal conference were the following companies and their representatives. Since the pre -proposal conference was not mandatory, the list should not be considered a complete list of all potential proposers. Company Hawaii Rainbow Soil Blending Maui Earth Compost Duane Elliott Hawaiian Earth Products Eco Compost USDA Extension Service Big Island Recycling Special People Hawaii Representative(s) John Voycek (sp), Eric Morrison, Mike Miyashiro Tim Benter Duane Elliott Alan Gottlieb, Andrea Furuli Mike Hegedus, Rubens Fonseca Debbie Ward John Ross Robert Burgess In addition to the foregoing, please consider the following three general information items as additional specifications: A. The Department's goal is to keep all greenwaste out of the landfill. By adding in other organics, and biosolids, we have an opportunity to achieve other goals by significantly increasing diversion from the landfills. B. Please note that biosolids in East Hawaii are now listed as OPTIONAL on the Proposal Price Form. The County goal of using biosolids in compost remains the same. We are concerned that the annual rainfall at the Hilo site may make biosolids composting unfeasible at this time. If you are able to propose the use of biosolids for composting, please do so. It is still our preference. RFP 2036 - Organics Diversion Addendum No. 1 April 25, 2003 Page 8 of 8 C. Please note that because the County has not yet identified a suitable composting site in West Hawaii. We are asking for proposals to extend the existing West Hawaii greenwaste diversion program. This includes collecting residential and commercial greenwaste and grinding that greenwaste into mulch. The contractor would still own the end product. If you are able to propose a composting operation in West Hawaii, please do so. It is still our preference. Due to the length of questions, an addition time being is being provided for additional questions and the deadline for receipt of proposals is being extended. Additional questions must be received in writing, submitted to Ms Barbara Bell Director of Environmental Management County of Hawaii 25 Aupuni Street Room 208, Hilo, Hawaii 96720, no later than May 15, 2003. Answers to those questions will also be in the form of a formal addendum, issued no later than June 1 2003 The deadline for receipt of proposals is hereby extended until Monday. June 30. 2003. at 4:30 p.m. Proposals already submitted may be revised by written notice, which must be delivered to the above office or post -marked prior to the deadline for receipt of proposals. Proposals that do not acknowledge this addendum will be accepted and the addendum included in any ensuing contracts. WILLIAM TA BA Director of Finance Attachments: New Table 1 Proposal Price Form Conceptual Design of East Hawaii Sort Station Important Notes: The County of Hawaii reserves the right to award Items A and B separately, or to award Item C. Proposers who propose on Item C are encouraged to also propose on Items A and B. Any mobilization and/or site preparation costs to be included in greenwaste and/or biosolids unit cost. Demobilization and site clean-up is considered to be a one-time cost. A.l.I..nd,,m M1 - Anil 7i %nni Table 1: Proposal Price Form Proposal for Furnishing and Implementing an Organics Diversion and Composting Program Item # Item Condition I Unit of Measure I Estimated Annual QuantityUnit Price Total Price A East Hawaii Only Al Greenwaste Mandatory Tons 10 000 A2 Biosolids Optional Wet Tons 1 300 A3 Biosolids Optional Dry Tons 260 A4 Demobilization and Site Cleanup Mandatory Lump Sum 1 AS Animal Carcasses & scraps Optional Tons 722 66 Fats OilsGrease 1OGs1 Optional Tons no scale data A7 Food Saa s Optional Tons no scale data AB lGypsunn Optional lTons no scale data A9 Pa er Fiber Optional Tons no scale data 15330 A10 Fxtra Charge -staffing to verify weight tickets Mandatory Monthly All Discount for when toilet facilities are available from County. Mandatory Monthly Total Item A: East Hawaii Only-=' BWest Hawaii Only BI Greenwaste Mandatory ITons 10,000 82 I Biosolids Optional jWet Tons B3 113iosolids Optional I Dry Tons 10-20 B4 Demobilization and Site Cleanup Mandatory jLumpSum 1 B5 Animal Carcasses & Scraps Optional ITons 368 B6 Fats Oils Grease FOGS Optional ITons 120 B7 Food Scraps Optional Tons no sole data B8 Gypsum Optional Tons no scale data B9 Fiber 0 tional Tons no sole data 21900 B10 ra arge -staffing to verifFweignt ;ger tickets Mandato Monthly Total Item B:,West Hawaii Onl 1 �,�;;;` .,. - "�sr� � �� �Is CEast and West Hawaii Combined C1 Greenwaste Mandatory Tons 20,000 C2 Biosolids Optional Wet Tons 1,300$ C3 Biosolids Optional Dry Tons 270-280 C4 Demobilization and Site Cleanup Mandatory Lump Sum 1 C5 Animal Carcasses & Scraps Optional Tons 1,090$ C6 Fats Oils Grease FOGS Optional Tons 120 C7 Food Scraps Optional Tons no scale data C8 Gypsum Optional Tons no sole data C9 Fiber Optional Tons no sole data 37230 C10 ;ger Extra Charge -staffing to verify weight tickets Mandatory Monthly Cil Discount for w en toiet facilities are available from County. Mandato Monthl Total Item C• East and West Hawaii Combined Important Notes: The County of Hawaii reserves the right to award Items A and B separately, or to award Item C. Proposers who propose on Item C are encouraged to also propose on Items A and B. Any mobilization and/or site preparation costs to be included in greenwaste and/or biosolids unit cost. Demobilization and site clean-up is considered to be a one-time cost. A.l.I..nd,,m M1 - Anil 7i %nni iIj CoNC�PTuA2 �r�iGnl RFP 2036 - ORGANICS DIVERSION PRELIEIINARISITE LAI' OUT EAST HAWAII RE.GIONA 1. S, IRT STATION HAWAII COUNTY 11I .4PItIL 3001 L0. HAWAII FIGURE J ADDENDUM #1 Harry Kim Mayor TO: FROM County of Hawaii PURCHASING DIVISION DEPARTMENT OF FINANCE 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720-4252 (808) 961-8231 • Fax (808) 961-8248 June 10, 2003 All Prospective Proposers Director of Finance SUBJECT: REQUEST FOR PROPOSAL NO. 2036: FURNISHING AND IMPLEMENTING AN ORGANICS DIVERSION AND COMPOSTING PROGRAM FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, COUNTY OF HAWAII ADDENDUM NO. 2 Please add the following information item to the specifications: Proposers should note that subsequent to December, 2004 the carcasses & scraps. FOGs food scraps, and any form of special waste William Takaba Director Nancy Crawforc Deputy Bill Gray PurchasinRA,gen( The deadline for receipt of proposals remains Monday, June 30. 2003 at 4.30 p.m. Proposals already submitted may be revised by written notice, which must be delivered to the above office or post -marked prior to the deadline for receipt of proposals. Proposals that do not acknowledge this addendum will be accepted and the addendum included in any ensuing contracts. WILLIAM TAKABA Director of Finance