RFP P-4-12-23 Original Invitation & Addendums

7/29/2019 RFP P-4-12-23 Original Invitation & Addendums

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CENTRAL SERVICES GROUP Telephone (321) 617-7390PURCHASING SERVICES Fax (321) 617-7391Brevard County Government Center Fax (321) 637-53022725 Judge Fran Jamieson Way,Bldg. C, Suite C-303Viera, FL 32940

Solid Waste and Recycle Collection Services P-4-12-23 July 24, 2012 Addendum 1

TO ALL PROSPECTIVE PROPOSERS This is an Addendum to and shall be considered as part of the original Proposal package for the above mentioned RFP. Please acknowledge receipt of Addendum 1 in space provided on Price Sheet. Proposers are requested to acknowledge receipt of this Addendum with their Proposal. RESPONSES TO QUESTIONS RECEIVED: 1. Proposed Schedule

-Page 10: Proposals due by August 14Will the County entertain an extension of the deadline for the submission of proposals, perhaps anadditional 30 days? There are numerous issues which must be addressed, and it is possible thatadditional preparation time for responses could be beneficial to the County.RESPONSE: The County will entertain requests for additional time at the mandatory pre-proposalmeeting on August 2, 2012.

2. Construction and demolition debris-Page 11 : States that C&D will not be a part of the exclusive franch ise-Page 32: Sect. 2(3) seems to indicate that C&D is exclusivef am seeking confirmation that C&D is not part of the exclusive franchise.RESPONSE: C&D is not part of the exclusive franchise agreement and will not be included in thefuture franchise.

3. Evaluation and Selection Process-Page 25: Evaluation is based 50% on price.I'm working from memory at the moment and will review the video of the 8/18/2011 Sol id WasteWorkshop the Board conducted, but I recall the commission, by consent , specifically establishingprice at 30% unless something has changed in the interim.RESPONSE: While the Board did suggest 30 to 35%, there was also discussion regarding seekingconsultant and committee engagement. The RFP reflects the consensus that was arrived at.


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4. Hours of Service-Page 13: Hours of residential service are stated at 6am-8pm Monday-Friday-Page 38 &Page 40: Residential hours of service at 7am-8pm , with only Sunday being excluded.What are the correct available days of service and allowable hours of service for residential collection? RESPONSE: Hours of operation are to be the following: 6:00a.m. to 8:00p.m. Monday through Friday for residential customers 6:00a.m. to 8:00p.m. Monday through Saturday for commercial customers

5. Additional Fees-Page 14 & Page 33: Collector can propose additional fees for additional carts requested byresidents. No mention is made as to how the resident is billed the fee for additional carts. Wouldresidents be billed by assessments on a trailing basis, or would the collector have to bill and collectfees for additional residential carts?RESPONSE: The Collector would be responsible for billing.

6. Customer Service-Page 40-41 : Collector's operations center (office) shall be located in Brevard County. Collectorshall operate a staffed local toll-free complaint center .Please clarify whether "local" is applicable to the toll-free nature of the call (via a local or 800 tollfree number for customers to use) or if "local" is applicable to the complaint/customer servicecenter 's physical location.RESPONSE: Local refers to a local telephone number

7. Annual CPI Adjustment-Page 16 &43: CPI calculation will be based on April-over-April CPI change and the collector willsubmit a request by May 15 (page 43).CPI data is not typically published until midway through the month following, so April data is notgenerally available until on or after May 15. The current procedure is to use April-April data andsubmit by June 1 and even that timeframe is short. Will the County entertain keeping May 15, butuse March-March data, or make delivery of the CPI notice by the collector due on June 15 aspossible options?RESPONSE: Please change to April to March (twelve month period) and the collector will submit arequest by May 15.

8. Currently the County Solid Waste facilities are open until 5:30p .m. generally and 4:30p.m . onTuesdays. If the start of residential collection is delayed until 7:00a .m., will County facilities remainopen later?RESPONSE: There are currently no plans to change the operating hours of our facilities.

The proposal due date and time remains August 14, 2012 at 2:00 p.m. Proposals received afterthis time will not be accepted.

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All other terms and conditions remain unchanged.Sincerely, (

L ~ ~ e ~ g ~ : p P BPurchasing ManagerCc : proposal file

END OF ADDENDUM NO.1

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Telephone (321) 617-7390ENTRAL SERVICES GROUPPURCHASING SERVICES Fax (321) 617-7391Brevard County Government Center Fax (321) 637-53022725 Judge Fran Jamieson Way,Bldg. C, Suite C-303Viera, FL 32940

Solid Waste and Recycle Collection Services P-4-12-23 August 8, 2012 Addendum 2

TO ALL PROSPECTIVE PROPOSERS This is an Addendum to and shall be considered as part of the original Proposal package for the above mentioned RFP. Please acknowledge receipt of Addendum 2 in space provided on Price Sheet. Proposers are requested to acknowledge receipt of this Addendum with their Proposal. PROPOSAL DUE DATE AND TIME CHANGE: The proposal due date and time is changed to September 13, 2012 at 2:00 p.m.

A third addendum will be issued at a later date and time with responses to questions received to date.

All other terms and conditions remain unchanged . Sincerely,

f 7 ' H U L h V Leslie Rothering, CPPO, CPPSPurchasing ManagerCc: proposal fil e



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Solid Waste and Recycle Collection Services P-4-12-23 August 14, 2012

Addendum 3 TO ALL PROSPECTIVE PROPOSERS This is an Addendum to and shall be considered as part of the original Proposal package for the above mentioned RFP. Please acknowledge receipt of Addendum 3 in space provided on Price Sheet. Proposers are requested to acknowledge receipt of this Addendum with their Proposal. RESPONSES TO QUESTIONS FROM PRE-PROPOSAL MEETING:1. Please clarify revenue for recyclables. Page 6 of the Price Form requests pricing for recyclingrevenue based on a market index, page 34 (#7) states that the COUNTY retains ownership ofrecyclables and the right to competitively select buyer for recyclables, and page 43 (#14) states theCOLLECTOR shall pay 50% of gross sales revenues for recyclables.

RESPONSE: Page 6 of the Price Form reflects the recycling revenue formula the County intends touse in the new contract. Because the revenue formula that will be used is based on an independentmarket index, the County no longer deems it necessary to retain ownership of recyclables aftercollection. In the new contract, ownership of recyclables will transfer to the COLLECTOR uponcollection. In addition, the revenue sharing language on page 43 will be replaced. Provided below isan explanation of the recycling revenue formula that will be incorporated into the new contract.COLLECTOR shall pay the COUNTY monthly for each ton of residential recyclable materialscollected by the COLLECTOR, as determined by the inbound weight tickets at the COLLECTOR'Sselected facility, whether a materials recovery facility (MRF) or a facility for transloading/transferringrecyclables. The payment per ton shall be calculated as follows:Each month, the COLLECTOR shall calculate the Average Market Value (AMV) of the COUNTY'Sresidential recyclable materials, defined as the sum of the Southeast USA regional averagecommodity prices (U .S. Dollars per Ton) first posted in the month for which payment is being madein SecondaryMaterialsPricing.com and SecondaryFiberPricing.com multiplied by the compositionpercentages of the COUNTY'S residential recyclable materials, as defined in the table below, whichcalculates the AMV for April 2012.
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CorrugatedCardboard PS 11 CorrugatedContainers 147.5 $147.50 10 .9% $16 .08Mixed paper PS 1 Soft Mixed Paper 97.5 $97.50 19.3% $18.82Aluminumcans Cents/lb., sorted, baledand delivered 79 $1,580.00 2.0% $31 .60Steel cans $/ton , sorted, baled anddelivered 125 $125.00 2.6% $3.25PET Cents/lb., baled and 30 $600 .00 4.2% $25.20upNatural HOPE Cents/lb ., baled andnir.kerl up 39 $780.00 1.9% $14.82Colored HOPE Cents/lb ., baled andnir.kp.rl up 33 $660.00 2.2% $14.52Plastics #3#7** #1-7, Cents/lb., baled andpicked up, adjusted** 4.725 $94.50 0.7% $0.66Mixed cullet 3 Mix, $/ton delivered 0 $0.00 24.7% $0.00Contamination N/A 0 - 4.8%

100.0%. . .* Market indexes to be used are SecondaryFlberPncmg .com and SecondaryMaterialsPnclng .com. Prices to be used are the first published Regional Average prices for the Southeast USA in the month for which payment is being made. For the purposes of this example, the first published prices in April 2012 are utilized. The index descriptions are solely for the purpose of identifying which material index is being used to calculate the AMV and is in no way intended to reflect how the COLLECTOR packages, transports or markets the material. ** The index used for plastics #3-#7 is 45% of index for Plastics Comingled 1-7. This is based on comparative information provided by staff at Secondary Materials Pricing. If at any time during the term of this contract SecondaryMaterialsPricing.com orSecondaryFiberPricing.com no longer post or otherwise provide the applicable market indices, thenthe parties shall mutually select an appropriate replacement source for the required informationform among the sources recycling industry professionals utilize to obtain reliable recovered materialpricing information.Fifty dollars ($50.00) shall be deducted from the AMV, and COLLECTOR shall pay the COUNTY apercentage, which is to be proposed by Proposer on page 6 of the Price Form, of the remainingamount for each ton of in-bound residential recyclable materials delivered to the COLLECTOR'Sfacility during that month. The fifty dollar ($50.00) deduction from the AMV shall remain fixed for thefull term of the contract. At no time shall the COUNTY make payment to the COLLECTOR forprocessing residential recyclable materials, even if the AMV falls below $50.00.Page 6 of the Price Form provides and example calculation o f the revenue sharing formula usingthe April 2012 AMV and an assumed revenue share percentage of 75% for the purposes of theexample. Proposers are to insert on the Price Form what percentage of the AMV less theCOLLECTOR'S Fee of $50 it will share with the County, which mayor may not be 75% .

2. How many clam trucks are used to service the contracts?RESPONSE: To the best of our know/edge there are nine (9) clam trucks that service the contract .There are four (4) in the North Service Area and five (5) in the South Service Area.

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3. What is the billable amount at the gate?RESPONSE: The following payments were made by Service Area :South-Residential $ 16,931 South-Commercial $132,153 North-Residential $ 2,685

$359,2874. Will the pilot program of carts in the barrier island continue?

RESPONSE: Yes, there are about 1,000 homes serviced by the program.5. How will points for Cost be assigned?

RESPONSE: Cost is considered to be an objective criteria. The lowest priced proposal shallreceive the maximum weighted score for the price criteria. The other proposals should receive apercentage of the weighted score based on the percentage differential between the lowest proposaland the other proposals. All weighted scores are then multiplied by the maximum score available(i.e . 5%) to determine the total percentage awarded. An example is as follows:

VENDOR PRICE %AWARDED x WEIGHT = WEIGHTED SCOREA $20,000 (100%) x 50% = 50%8 $25,000 (80%)* x 50% = 40%C $28,000 (71%)** x 50% = 36%

*Vendor 8 's percentage is $20,0001$25,000 =80%**Vendor C's percentage is $20,0001$28,000 = 71%WRITTEN QUESTIONS RECEIVED:1. Page 30 - Definition of Recyclable Material - this definition is far broader than the list on Exhibit C.Can the County clarify the definition to match limit it to the items listed on Exhibit C, subject toadding additional items by mutual agreement of the parties, to avoid confusion?

RESPONSE: Page 30 is a part of the draft agreement and should not be used to determine theresponse to this RFP. In instances where there are conflicts between the draft contract agreementand the RFP, please use the RFP for purposes of the response to the same.2. Page 30 and 34 state "All buyers and contract must be approved by the County . County may selectthe buyers and require the materials to be sold to such buyer ." This implies that while the Countyowns the materials, the Collector must handle all contractual arrangements for the sales of suchmaterials, subject to the full approval of the County. This looks like legacy language and could be a

credit risk and price risk , and its applicability is voided by the County's desire to have its rebatecalculated based upon market index values rather than actual sales. Since the RFP's BrevardPricing sheet stipulates revenue share payments to the County are based on indexed pricing andare the contractor's responsibility, can this provision be struck or changed to show the Contractor isthe owner of the material once picked up and the payment is a separate transaction?RESPONSE: Please see response to pre-proposal meeting Question 1.

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3. Page 34 - Please clarify the provISion that requires the contractor provides "open market"commercial recycling and consider stipulating that the contractor owns the recyclables collectedfrom commercial sources and these are not program tons for the purposes of the Brevard PricingSheet Revenue Share to the County.RESPONSE: Page 34 is a part of the draft agreement and should not be used to determine theresponse to the RFP. In instances where there are conflicts between the draft contract and theRFP, please use the RFP for purposes of the response to the same. Commercial recycling is anopen market and as such the revenues derived form this activi ty are not part of any revenue sharingcalculation of this RFP.

4. Page 43 #14. State that the COLLECTOR shall pay fifty percent (50%) of the gross sales revenuesfor recyclable materials. Please clarify that this is outdated language and the Excel "Brevard PricingSheet for Brevard Proposal" is the operative method of material rebate to the County.RESPONSE: Please see response to Pre-proposal Meeting Question #1 .

5. There is no provision for fixing the composition of the material for subject revenue share payment.Please consider adding language for an initial material composition audit process on the materialprior to contract start, with future composition studies available at either party's request, no lessfrequent than annually, for the purposes of utilizing the percentages on the Brevard Pricing Sheetsfor inbound materials.RESPONSE: The COLLECTOR or the COUNTY may conduct, at its own expense and no morefrequently than once per year, an audit of the composition of residential recyclable materialscollected by the COLLECTOR (i.e., in-bound at the COLLECTOR'S facility.) If the COLLECTORpays for the audit, the audit methodology and entity conducting the audit are subject to theCOUNTY'S approval. The COUNTY reserves the right to have a representative onsite throughoutthe recycling composition audit. The COUNTY reserves the right to adjust the percentagebreakdown for residential recyclable materials utilized to calculate the AMV based on the results. ofsuch audit, or if the percentage composition of these materials changes substantially as a result ofchanges in the COUNTY recycling program. Any adjustments to the composition percentages thatare approved by the COUNTY shall become effective the following month and shall remain effectivefor the remainder of the term of the agreement, including any extensions, or until revised by asubsequent composition audit.

6. Please clarify how the County will assess proposals for a recyclable material revenue share. Itwould be preferable if the County would state a presumed number of tons that the revenue sharewill be applied to, so proposer assumptions are consistent.RESPONSE: A revised Price Form is being provided that includes the estimated tons ofrecyclables collected annually. This tonnage is for the purpose of providing pricing for this RFP andin no way guarantees the quantity of residential recyclables to be collected and processed by theselected Proposer.

7. Please clarify that the County's preference is to own the 64 gallon residential collection carts. Atwhich point in the contract would the ownership transfer to the County (e .g., at initial delivery, or atthe end of the contract term)? If at delivery, are there any remedies to the Collector in the event ofearly termination by the County that can be built into the agreement?RESPONSE: One of the options in this RFP is for the County to own the 64 gallon carts.Ownership would transfer at the end of the contract.

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8. Page 6 - #42: County can cancel for convenience on 30 days' notice. Elsewhere in the RFP anddraft contract there are specific terms (7 years with a 3 year option) and specific causes forcancellation. Please clarify the applicability of the cancellation for convenience on 30 days' notice.RESPONSE: Please disregard this item which is superseded by the RFP.

9. Page 38 (first paragraph) states that yard waste preparation specifications at 4', 50 pounds and 12 "in diameter. Page 40 (Sect. 6, para 1) states that 'all other solid waste ' will be prepared to a 24"diameter. Please clarify this provision does not include yard waste.RESPONSE: Chapter 94, Section 94-49(c), Brevard County Code Ordinances, states "All yardtrash not capable of being placed in a receptacle shall be neatly placed at the collection point andshall be cut in lengths not to exceed four feet in length and 24 inches in diameter and 50 pounds inweight. Yard trash not meeting the size and weight limits shall be considered as bulky solid waste.For removal of such waste, the customer shall notify the collector that they desire a pick up and thecollector shall schedule a special collection. " The draft content will be update at time of signature toreflect this.

1O. If base bid is selected, the residents already have 14 gallon recycle bins. Who will provide new orreplacement bins? If the hauler is responsible for replacement, will the bins be owned by thehauler?RESPONSE: The contractor is expected to provide new or replacement bins for residents nothaving or needing additional bins. These bins will become the property of the County at delivery.

11. Is there any chance of an extension for this RFP? It only gives bidders less then two weeks afterthe Mandatory pre bid.RESPONSE: See Addendum 2 to the RFP which extended the due date to September 13, 2012.

12. Does the CRV Collection rate include yard waste services?RESPONSE: Yes .

13 . What is condominium Recreational Vehicle (no definition noted)? Are they mobile homes ormanufactured homes?RESPONSE: CRV's are basically mobile homes that are attached temporarily to a fixed structure.

14. Will the county provide us with estimated tonnages for MSW, recycling and yard waste for eachservice area?RESPONSE: Please see attached file named: Tonnage Breakdown for Collection RFP.Please note that these tonnages include the entire County, including municipalities. Recyclingtonnages are for the unincorporated area only.

15. If the automated option is selected and containers are provided by the hauler; does the hauler ownthe carts or do they revert to the County?RESPONSE: Please check the RFP, there is one option for the cart being owned by the contractorand another option for the carts being owned by the County.

16. Who bills the residents if they request a second container?5


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RESPONSE: Please see Addendum 1 question 5.

17. Can the 20 roadside receptacles be replaced with 96 gallon carts if automation is selected?RESPONSE: Yes .

18. Will the county consider limited yard waste to 6 cubic yard per pick up?RESPONSE: No .

19. Please clarify Construction and demolition services . On page 11 of the RFP it states that C&D willnot be part of the contract, yet in the draft agreement on page 32 it give the contractor exclusiverights to construction and demolition services.RESPONSE: C&D is not part of the contract

20. Will the county provide a current copy of the routes (# of routes per day, location, productivity, etc.)?RESPONSE: The County does not have this information .

21. Will the county reconsider the 11 .55% cap on the CPI for the seven year term to 18-20% orcompletely eliminating? If not, would the County consider an alternate method and limit annual CPIrates to 75% on the annual change?RESPONSE: No. The County will not consider any CPI that does not have a cap. This would makeit impossible to determine a rate for the seven year life of the contract and increase the cost for theCounty and its citizens.

22. If residential services are provided Monday through Friday, can the office hour be changed toMonday thru Friday from 8:00-5:00pm (in line with residential service)? Alternately, would theCounty consider limiting Saturday to 8-12pm in line with likely operational times? We will alsoprovide an emergency number to call after hours.RESPONSE: The office hours can be changed. Please take note that we want the best service forour residents and the hours of operation for the telephone services would remain 6:00 a.m. to 8:00p.m., Monday through Saturday.

23 . Page 43 section 11 . We do not consider roll off services or compactor services a special service . Inthe agreement it gives the current hauler the exclusive right to retain those services. We believe itwas the intent of the county to allow the compactor leases as open market , but not the services thatany hauler should be able to perform as normal, regular service. It should be the awarded to thewinning contractor that should have the responsibility to haul those roll-offs and compactors .RESPONSE: Page 43 is a part of the draft agreement and should not be used to determine theresponse to the RFP. In instances where there are conflicts between the draft contract and theRFP, please use the RFP for purposes of the response to the same. Roll-offs are used for nonMSW and thereby, are not part of the contract.

24 . If the county selects to purchase the carts who will be responsible to assemble them and deliverthem to the residents?RESPONSE: The contractor would be responsible for this service .

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25. Would the County consider 95 gallon cart as the default in the RFP?RESPONSE: No

26 . Please clarify the intent as it pertains to single stream recycling. On page 34 the section 7, thecounty has the option of electing competitively select buyers for the recyclable materials. Is it theintent for the county to build a facility or designate a recycling facility? This is important as itpertains to truck times to certain facilities.RESPONSE: Please see response to Pre-Proposal Meeting Question #1 .

27 . Can the Proposer offer to provide a transfer station for transloading all single stream material toapproved MRFs in the state?RESPONSE: The selected Proposer may transload recyclables to a state-approved/permitted MRFof its choice. All costs of accepting, transferring, processing, and marketing recyclables sha ll be theCOLLECTOR's responsibility.

28. On page 43 it states that the collector shall pay 50% of gross revenues for recyclable materials, yeton page 6 of 6 in the pricing spreadsheet the share is 75% . Which should we use?RESPONSE: Please see response to Pre-Proposal Meeting Question #1.

29. Page 4, General Conditions, Section 18: Is the referenced training applicable to the servicesprovided? If so, please elaborate on the County's expectations.RESPONSE: This section is not applicable to this RFP.

30 . Page 6, General Conditions, Section 40: If the County " increases" any portion of the agreement, willthe total fees be increased if applicable?RESPONSE: This section is not applicable to this RFP.

31. Page 17; Tab 3; Last Bullet: Can you please clarify that this information request is formunicipal/governmental contracts and not all service contracts?RESPONSE: Please provide the information for municipal/governmental contracts.

32. Page 32, Solid Waste Collection Agreement. Section 2(2): Please clarify that the intent of the lastpart (beginning "unless notification is given .. ). Does th is mean that County can provide noticerevoking the renewal option which requires mutual agreement?RESPONSE: The County can provide notice that it does not wish to invoke the renewal option . Itdoes no t revoke something that it did not invoke.

33 . Page 44, Solid Waste Collection Agreement, Section 9 : Can you please clarify the definition of theeffective date? Under Section 2(2) it references 10/1/13 and under Section 10(1) it references thedate on which the last party executes the agreement.RESPONSE: Page 44 is a part of the draft agreement and should not be used to determine theresponse to the RFP. In instances where there are conflicts between the draft contract and theRFP, please use the RFP for purposes of the response to the same.

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34. Page 46, Solid Waste Collection Agreement, Section 11: Can these liquidated damages only becharged for any month for which the legitimate complaints reach 20 or more as referenced inSection 5?RESPONSE: Yes.

35. Are the General Conditions and Scope of Services and Specifications incorporated into theagreement? If so, if there are conflicts, how are those resolved?RESPONSE: No.

36. Will the County permit proposer to terminate the agreement following written notice thereof and areasonable/designated period of time opportunity to cure?RESPONSE: In that aspect it is the intention of the County to use similar language as the draftcontract.

37. Can the County provided establish recycling participation rates in each or both areas?RESPONSE: 35%. Information is not available by Service Area.

38. The price forms request pricing for compaction rental equipment on a monthly basis . This type ofequipment is typically specialized and/or customized and can become quite expensive . Will theCounty allow the haulers to negotiate this rate?RESPONSE: The pricing for compaction equipment is meant to be an upper limit. If the contractorso desires, they can negotiate a lower rate with the clients.

39 . Will the County provide maps and/or schedules of existing service for each area?RESPONSE: The County does not have this information

40. Section 94-92 of the County Code of Ordinances places requirements on the need to have acollection agreement prior to collecting solid waste, excluding C&D or landclearing debris. Does theCounty currently have processes and practices in place to enforce this section of the code? Will theprocesses and practices be any different than current for the period of time covered by theproposed contract?RESPONSE: The current process starts with a complaint made to Code Enforcement. They arein charge of enforcement. The practice will continue.

41 . Section 94-49 of the County Code of Ordinances (paragraphs a, b, c) outlines the residentrequirements for preparation of yard waste; paragraph (d) excludes vacant lots from collectionservice; paragraph (e) states that contractors engaged in the landscaping or tree cutting businessshall be responsible for collection and disposal of the yard trash generated from their operations;and, paragraph (f) states that persons engaged in clearing property shall be responsible for thecollection and disposal of the landclearing debris . Does the County currently have processes andpractices in place to enforce this section of the code? Will the processes and practices be anydifferent than current for the period of time covered by the proposed contract?RESPONSE: The current process starts with a complaint made to Code Enforcement. They are incharge of enforcement. The practice will continue.

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42. Is there a minimum level of service requirement for active commercial properties in the County(example: 1x weekly service)?RESPONSE: No.

Note: There are still some outstanding questions which will be answered in addendum 4 at alater date and time.ATTACHMENT: A Revised Price Form is attached. Please replace the original Price Form with this revision. Tonnages for the period of 7/1/2011 through 6/30/2012 are attached

The proposal due date and time remains September 13, 2012 at 2:00 p.m. Proposals receivedafter this time will not be accepted.

All other terms and conditions remain unchanged.Sincerely,

~ h ' ~ ( ) U t v ~ Leslie Rothering, CPPO, CPPSPurchasing ManagerCc: proposal file


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CENTRAL SERVICES GROUP Telephone (321) 617-7390PURCHASING SERVICES Fax (321) 6177391Brevard County Government Center Fax (321) 637 53022725 Judge Fran Jamieson Way,Bldg. C, Suite C303Viera, FL 32940

Solid Waste and Recycle Collection Services P-4-12-23 August 23, 2012

Addendum 4 TO ALL PROSPECTIVE PROPOSERS This is an Addendum to and shall be considered as part of the original Proposal package for the above mentioned RFP. Please acknowledge receipt of Addendum 4 in space provided on Price Sheet. Proposers are requested to acknowledge receipt of this Addendum with their Proposal. RESPONSES TO QUESTIONS: 1. In numerous different sections, it provides that the Board's decision is final and binding . Is it theCounty's intent with these provisions to eliminate the proposer's legal remedies to seek redress inlitigation? The relevant references are Page 7, General Conditions, Section 46 ("to prevent ...litigation" ... "shall be final, conclusive and binding"), Page 38, Solid Waste Collection Agreement,Section 4(15)(B)(3) ("the decision of the Board shall be final"), Page 44, Solid Waste CollectionAgreement, Section 10(2) ("to prevent ... litigation" ... "shall be final and binding") and Page 49,Solid Waste Collection Agreement, Section 15 ("to prevent ... litigation" .. . "shall be final, conclusiveand binding"). The issue is that the language either provides that the County or the Board decidescertain contract clarifications, disputes and/or proper performance with such decision being final

and binding . Usually, when two parties to a contract disagree on the application of contract terms,the parties can agree to mediate, arbitrate or litigate the disagreement. In this situation, the questionis whether the Contractor has the right to challenge the "final and binding" decision in a legalproceeding. While an unlikely event, it is important to understand what your rights are under thecontract on this issue .RESPONSE: The intent is that the Board of County Commissioners decision in these instancesshall be final. This language will not change.

2. Page 5, General Conditions, Section 25: please clarify that a County employee owning stock in apublicly-traded parent entity of the proposer does not trigger this provision.RESPONSE: It does not appear that this section is triggered by a county employee owning stock ina publicly-traded parent entity of the proposer. There may however be a prohibited conflict ofinterest if any of the Brevard County Commissioners, procurement personnel, or voting selectioncommittee members own stock in a publicly-traded parent company.

3. Section 94-92 of the County Code of Ordinances places requirements on the need to have acollection agreement prior to collecting solid waste, excluding C&D or landclearing debris. Does theCounty currently have processes and practices in place to enforce this section of the code? Will the


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processes and practices be any different than current for the period of time covered by theproposed contract?RESPONSE: The current process starts with a complaint made to Code Enforcement. They are incharge of enforcement. The practice will continue.

4. Section 94-49 of the County Code of Ordinances (paragraphs a, b, c) outlines the residentrequirements for preparation of yard waste; paragraph (d) excludes vacant lots from collectionservice; paragraph (e) states that contractors engaged in the landscaping or tree cutting businessshall be responsible for collection and disposal of the yard trash generated from their operations;and, paragraph (f) states that persons engaged in clearing property shall be responsible for thecollection and disposal of the land clearing debris. Does the County currently have processes andpractices in place to enforce this section of the code? Will the processes and practices be anydifferent than current for the period of time covered by the proposed contract?RESPONSE: The current process starts with a complaint made to Code Enforcement. They are incharge of enforcement. The pract ice will continue.

5. Is there a minimum level of service requirement for active commercial properties in the County(example: 1x weekly service)?RESPONSE: No.

6. What will happen if Merritt Island is incorporated during the term of this contract?RESPONSE: If Merritt Island incorporates the County intends to permit the new municipality totake the lead in the services currently under the County. That could include waste collection. Thedraft agreement generally addresses the reality that land gets annexed into municipalities. Section(1)(G), the definition of the collection area/service anticipates this change. Brevard County could,and likely would continue to service Merritt Island under this agreement if Merritt Island requests usto.

DEADLINE FOR QUESTION SUSMITTAL: The deadline for submittal of questions is August 30, 2012 at 5:00 p.m. Questions received after this date and time shall not be considered .

The proposal due date and time remains September 13, 2012 at 2:00 p.m. Proposals received after this time will not be accepted .

All other terms and conditions remain unchanged. Sincerely,

~ ! u i?o f ! f 1 ~ Leslie Rothering, CPPO, CPPSPurchasing ManagerCc: proposal file END OF ADDENDUM NO.4

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Solid Waste and Recycle Collection Services P-4-12-23 August 31,2012

Addendum 5 TO ALL PROSPECTIVE PROPOSERS This is an Addendum to and shall be considered as part of the original Proposal package for the above mentioned RFP. Please acknowledge receipt of Addendum 5 in space provided on Price Sheet. Proposers are requested to acknowledge receipt of this Addendum with their Proposal. RESPONSES TO QUESTIONS: 1. Does the contractor have to replace all residential carts and recycle bins at the beginning of thecontract or will the contractor replace them on an as needed basis?RESPONSE: In the option of carts, the answer is yes . Under the status quo option, the currentrecycling bins are the property of Brevard County and would have to be given to the homeownersas determined in the contract.2. Do we need to submit 2 separate bid packages for both service areas? Or can we include bothprice forms in the tab 5 section?RESPONSE: No, the Price Sheet takes into consideration the different service areas.3. Does the county bill the residents which include multi-family and the contractor bills bothcommercial and industrial businesses?RESPONSE: Yes, the County bills all the residents , (SFR, Multi-Family, Apts., etc.) for collection onthe tax bill, the contractor bills all commercial businesses.4. Do we include disposal rates for residential and multi-family solid waste , yard waste and recycle?Or is the disposal a pass through?RESPONSE: The disposal rates for residential solid waste , yard waste and recycling are includedin the disposal assessment and thereby are not charged at the gate.5. Do we include disposal rates for commercial and industrial solid waste , yard waste and recycle?RESPONSE: No, the disposal charges for solid waste and yard waste are charged through the

assessment. The recycling charges for commercia l are not included in the assessment.6. Is the Port, Patrick Air Force and Kennedy Space Center part of the RFP? If so are they exemptfrom disposal?RESPONSE: These areas are not part of the RFP. The port does pay through the disposalassessment.


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7. Is there a franchise? Admin Fee? If so is it a flat rate or percentage and does it apply to bothresidents and businesses?RESPONSE: There are no franchise or administrative fees.

8. The total combined number of residents ... s that all year round?RESPONSE: If you are asking about the total number of residential billing units, then yes.

9. How many seasonal residents are there?RESPONSE: In FY 2011 there were 158 vacancy adjustments approved. A 50% discount isallowed for vacancy adjustments.10. The industrial compactors - how many are self contained and how many are break away?

RESPONSE: That information is not available.11 . Are all compactors provided by the contractor or do some businesses own their own? If so, can wehave a list?

RESPONSE: We are aware that some businesses own their own; however we do not have a list ofthose.12. The frontload containers 2 - 8 yards, are there any with wheels and lock bars? If so , can we have a

list?RESPONSE: That information is not available.13. Addendum 3 Revised Price Form, Page 1, line Item 13 & 22, Page 3, 4, & 5 line item 5 and page 6line item 6, would it be possible to expand the height? I am not getting a clear view.

RESPONSE: See attached Revised Price Form which has height expanded.14. For proposers with multiple divisions/operating units, can this be disclosed for only thedivision/operating unit that will manage the services to the County if it is the successful bidder?

RESPONSE: The purpose of this section is to gauge the qualifications and experience of the firmssubmitting proposals. For this purpose Firm would be the legal entity that would sign the contract.If your division/operating unit is a legal entity that would be signing the contract then the answer isyes, if not then no.

15. Reference Proposal Format, Tab 3, bullet 4 - Can the five year period be reduced to two years?RESPONSE: No

16. Reference Proposal Format, Tab 3, bullet 4 - Can the $10,000 be increased to $25 ,000?RESPONSE: No

17. If a proposer is responsive to all bid options outlined by the County, could the proposal also offer,for information-only purposes (not for score), a service addition or alternative service proposal?RESPONSE: You may only submit one proposal response. Proposers may provide information onenhancements to the scope of services outlined in the RFP under Tab 4: Project Approach. Suchenhancements will be considered during evaluation as part of the Project Approach criteria.

18. Is the County's definition of "automated" limited to the presence of a cart, or does "automated"intend to specify the equipment utilized to collect the cart? Please clarify the meaning (page 13,Residential Service Options, multiple references) of "automated curbside solid waste collection" and"automated single-stream recycling collection" . The definition of automated from a proposerperspective can likely vary, as some may view a purpose-built vehicle to collect carts (an"automated side load" or ASL, for example) as the meaning, while others may interpret the use ofhydraulic cart tippers on a traditional rear loader as "automated" , or simply view the presence of acart as "automated", regardless of the equipment used in collection.2


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RESPONSE: Automated means the carts as well as the equipment needed to service the carts atthe curbside. Just carts without the appropriate equipment does not make a service automated.19. On page 1 of the Revised Price List the base bid was pricing for the North and separate pricing forthe South. How is the pricing being considered for award? One contractor for both areas? Onecontractor for each area? Are both of these considerations being evaluated?

RESPONSE: Please refer to the pricing sheets in which a price for the north, a price for the south,and a combined price is requested. The three options mentioned are being considered.

ATTACHMENT: Revised Price Form with height expanded per Questions #13 .

Please Note* The deadline for question submittal has expired. The proposal due date and time remains September 13, 2012 at 2:00 p.m. Proposals received after this time will not be accepted.

All other terms and conditions remain unchanged.

Sincerely, t:fMLu !pm ni1rLeslie Rothering, CPPO, CPPBPurchasing ManagerCc: proposal file END OF ADDENDUM NO.5

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Solid Waste and Recycle Collection Services P41223 September 6, 2012

Addendum 6 TO ALL PROSPECTIVE PROPOSERS This is an Addendum to and shall be considered as part of the original Proposal package for the above mentioned RFP. Please acknowledge receipt of Addendum 6 in space provided on Price Sheet. Proposers are requested to acknowledge receipt of this Addendum with their Proposal. CLARIFICATION: Additional clarification to Question 18 on Addendum 5 - Automated services are those that include a cart as well as the appropriate equipment to collect the carts without the employees having to leave the vehicles. Brevard County does not have a preference between semi-automated and automated services.

ATTACHMENT: Revised Price Form is attached which allows viewing of full page.

The proposal due date and time remains September 13, 2012 at 2:00 p.m. Proposals received after this time will not be accepted.

All other terms and conditions remain unchanged.

Sincerely,

teve StultzCentral Services DirectorCc: proposal fileEND OF ADDENDUM NO.6


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SUBMIT PROPOSALS TO:PURCHASING SERVICES2725 J UDGE FRAN J AMIESON WAY,BLDG. C, 3rd FLOOR, SUITE C-303VIERA, FL . 32940

PROPOSAL INVITATIONProposal Acknowledgment

PURCHASING AGENT: PHONE (321) 617-7390onathan McLester, CPPO, CPPB

AN EQUAL OPPORTUNITY EMPLOYER,FLORIDA TAX EXEMPT #85-8012621749C-1FEDERAL TAX EXEMPT #59-6000523

PROPOSAL SPECS. MAY BE PICK ED UP AT:Purchasing Services, 2725 Judge Fran Jamieson Way, Bldg. C, Suite 303, Viera, FL. 32940

MAILING DATE:uly 12, 2012

PROPOSAL TITLE :Solid Waste and Recycle CollectionServices

PROPOSALNUMBERP-4-12-23

PROPOSAL DUE DATE & TIME:August 14, 2012 at 2:00 p.m.

PRE PROPOSAL DATE, TIME AND LOCATION: Mandatory Non-MandatoryA mandatorypre-proposal meeting will be held on August 2, 2012 at 9:00 a.m. at 2725 JudgeFran Jamieson Way, Bldg. C, 2nd Floor, Space Coast Room, Viera, FL.

PROPOSALS RECEIVED AFTERABOVE

DATE AND TIMEWILL NOT BE ACCEPTED

PROPOSER NAME/ADDRESS

TELEPHONE NUMBER/TOLL FREE NUMBER:____________________________________________________

VENDOR MUST COMPLETE THIS AREA AND RETURNFORM. NOTARIZED. FORM IS REQUIRED.If returning as a no state reason:

FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.SNUMBER___________________________________________

certify that this Proposal is made without prior understanding, agreement, orconnections with any corporation, firm or person submitting a Proposal for the samematerials, supplies or equipment, and is in all respects fair and without collusion orraud. I agree to all conditions of this Proposal and certify that I am authorized to signhis Proposal for the Proposer. In submitting a Proposal to the County of Brevard theProposer offers and agrees that if the Proposal is accepted, the Proposer will convey,ell, assign or transfer to the County of Brevard all rights, title, and interest in and to all

causes of action it may now or hereafter acquire under the Anti-trust laws of the UnitedStates and the State of Florida for price fixing relating to the particular commodities orervices purchased or acquired by the County of Brevard. At the Countys discretion,uch assignment shall be made and become effective at the time the County tendersnal payment to the Proposer.

XAUTHORIZED SIGNATURE (MANUAL)

_____________________________________________________TYPED NAME

_____________________________________________________TITLE DATE

THIS FORM MUST BE NOTARIZED BELOWSworn to and subscribed to me this ____ day of ____________, 20__.Personally known:Or produced identification: Type of ID:__________________________________________________________________ _______________________Notary Signature State

My commission expires :_____________________AFFIX SEAL or STAMP)

BOND DATAVENDOR MUST PROVIDE: AMOUNT:Yes No PROPOSAL BOND ________________Yes No PERFORMANCE AND PAYMENT BOND $1,000,000_______Yes No LABOR, MATERIAL, PERFORMANCE BOND ________________n cases where the amount of a surety bond exceeds $500,000, the surety company must have an A. M. Bests rating as specified in this

document and depending on the amount of the bond, shall have a minimum A. M. Bests financial size category ranking as follows:BOND AMOUNT UP TO FINANCIAL CLASS BOND AMOUNT UP TO FINANCIAL CLASS$ 1,000,000 V $ 25,000,000 IX$ 2,500,000 VI $ 50,000,000 X$ 5,000,000 VII $ 75,000,000 XI$ 10,000,000 VIII $ 100,000,000 XII Bonds must be issued by Bonding Company who complies with the requirements of Florida Statutes Section 287.0935THE COUNTY OF BREVARD RESERVES THE RIGHT TO REJ ECT ANY OR ALL PROPOSALS, TO WAIVENFORMALITIES, AND TO ACCEPT ALL OR ANY PART OF ANY PROPOSAL AS MAY BE DEEMED TO BE IN THE BESNTEREST OF THE COUNTY UNLESS OTHERWISE NOTED, PAYMENT OF GOODS OR SERVICES PROVIDED AS A

RESULT OF THIS SOLICITATION WIL L BE MADE PER FLORIDA STATUTE. ALL FIRST TIM E VENDORS MUSTSUBMIT A W-9 FORM.


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Request for Proposals

SOLID WASTE & RECYCLE COLLECTION SERVICESRFP P-4-12-23

2

TABLE OF CONTENTS

General Conditions ........................................................................................................................................ 3

Proposal Schedule .......................................................................................................................................... 10

Introduction and Submittal Information ..................................................................................................... 11

Scope of Services and Specifications ............................................................................................................. 13

Proposal Format ............................................................................................................................................. 16

Price Sheet ...................................................................................................................................................... 19

Evaluation and Selection Process .................................................................................................................. 25

Indemnification and Insurance Requirements ............................................................................................ 27

Attachments: Exhibit A Draft Agreement 28

Exhibit B Description of Service Areas and Map 55

Exhibit C - Minimum Acceptable Single Stream Recycling Materials 58

Exhibit D County Facilities to be provided Recycling Services 59

Exhibit E Compliance Sheet 60

Exhibit F Reference Form 61Exhibit G Proposer Checklist 62

Exhibit H Statement of No Bid 63


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GENERAL CONDITIONS1. SUBMISSION OF PROPOSALS: All Proposals shall be submitted in a sealed envelope. The Proposal number, title,

and opening date shall be clearly displayed on the outside of the sealed envelope. The delivery of said Proposal toPurchasing Services prior to the specified opening date and time is solely and strictly the responsibility of the Proposer.Any Proposals received in Purchasing after the specified date and time will not be accepted. An original and number of

copies indicated of the Proposal must be submitted unless otherwise noted.2. EXECUTION OF PROPOSAL: Proposal must contain a manual signature of authorized representative in the space(s)

provided. Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made byProposer to any Proposal entry must be initialed. The company name and F.E.I.D. number shall appear in the space(s)provided.

3. PROPOSAL OPENING: Proposal opening shall be public on the date and time specified. Sealed proposals received byan agency pursuant to requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of theState Constitution until such time as the agency provides notice of a decision or intended decision pursuant to s.120.57(3)(a) or within 30 days after Proposal or proposal opening, whichever is earlier. In accordance with Florida Statute119.071(1)(b)2., the names of the firms submitting a competitive solicitation will be read aloud at this time of the opening.No details of the competitive solicitation will be released. Proposal must be submitted on forms provided by the County.No other forms will be accepted. Telephone and telegraph Proposals will not be considered. No Proposal may be modifiedafter opening. No Proposal may be withdrawn after opening for a period of ninety (90) days unless otherwise specified.

4.

PROPOSAL TABULATIONS: Proposal tabulations are posted on Demand Star web page and available for download at:www.demandstar.com.5. CLARIFICATION/CORRECTION OF PROPOSAL ENTRY: The County of Brevard reserves the right to allow for

the clarification of questionable entries and for the correction of OBVIOUS MISTAKES.6. INTERPRETATION: No interpretation of the meaning of the specifications, or other contract documents will be made

orally to any Proposer. Every request for such interpretation must be in writing, addressed to Purchasing Services at 2725Judge Fran Jamieson Way, Bldg. C, 3rd Floor, Melbourne, FL 32940, or faxed to the attention of the Purchasing Agent, at(321) 617-7391 or (321) 637-5302. To be given consideration, such requests must be received at least five (5) businessdays prior to the date fixed for the opening of the Proposal. Any and all such interpretation and supplemental instructionswill be in the form of a written addendum, which, if issued will be sent to all prospective proposers at the respectiveaddresses furnished for such purposes. Failure of any Proposer to receive any such addendum or interpretation shall notrelieve said Proposer from any obligation under his Proposal as submitted. All addenda so issued shall become part of thecontract documents, whether or not the successful Proposer received a copy of such addendum, it being understood that allProposers are responsible to verify that they have received any such addenda prior to submitting their Proposal.

7.

EEO STATEMENT: Vendors must ensure that employees and applicants for employment are not discriminated againstfor reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businessesare encouraged to participate. Brevard County is an equal opportunity employer.

8. PRICING: Firm prices shall be proposed and include FOB DESTINATION, all packing, handling, shipping charges, fuelsurcharges and delivery, unless otherwise indicated, to any point within the County of Brevard to a secure area or insidedelivery. All prices, costs, and conditions shall remain firm and valid for one hundred and eighty days (180) from the dateof opening. The obligations of Brevard County under this award are subject to the availability of funds lawfullyappropriated for its purpose by the State of Florida and/or the Board of County Commissioners.

9. ADDITIONAL TERMS & CONDITIONS: The County of Brevard reserves the right to reject Proposals containing anyadditional terms or conditions not specifically requested in the original conditions and specifications.

10.TAXES: The County of Brevard is exempt from Federal Excise Taxes and all sales taxes.11. DISCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be considered in determining the lowest

net cost for Proposal evaluation purposes.

12.

MEETS SPECIFICATIONS: All equipment and accessories furnished under these specifications shall be of goodquality, workmanship and material. The Proposer represents that all equipment offered under these specifications shallmeet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. The Proposershall be responsible for performing the work necessary to meet County standards in a safe, neat, good and workmanlikemanner.

13. BRAND NAME OR EQUAL: If items called for by this invitation have been identified in the specifications by a BrandName OR EQUAL description, such identification is intended to be descriptive, but not restrictive, and is to indicate thequality and characteristics of products that will be acceptable. Proposers offering equal products will be considered foraward if such products are clearly identified in the Proposal and are determined by the County to meet fully the salientcharacteristics requirements listed in the specifications. Unless the Proposer clearly indicates in his Proposal that he isoffering an equal product, the Proposer shall be considered as offering the same brand name product referenced in thespecifications. If the Proposer proposes to furnish an equal product, the brand name if any, or the product to be furnished
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0119/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.htmhttp://www.demandstar.com/http://www.demandstar.com/http://www.demandstar.com/http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0119/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0120/Sec57.htm


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4

shall be inserted in the space provided or such product shall be otherwise clearly identified. The evaluation of Proposalsand the determination as to equality of the product offered shall be the responsibility of the County and will be based oninformation furnished by the Proposer. Purchasing Services is not responsible for locating or securing any informationwhich is not identified in the Proposal and reasonably available to Purchasing Services. To ensure that sufficientinformation is available the Proposer shall furnish as a part of the Proposal, or prior to RFP opening, as indicated, all

descriptive material necessary for Purchasing Services to determine whether the product offered meets the salientcharacteristics required by the specifications and establish exactly what the Proposer proposes to furnish and what theCounty would be binding itself to purchase by making an award.

14. SILENCE OF SPECIFICATIONS: The apparent silence of the specifications and any supplemental specifications as toany details or the omission from same of any detailed description concerning any point, shall be regarded as meaning thatonly the best commercial practices are to prevail and only materials of first quality be provided. All interpretations of thisspecification shall be made upon the basis of this statement.

15. ASSIGNMENT: Any purchase order issued pursuant to this Proposal and the moneys which may become due hereunderis not assignable except with the prior written approval of the Board of County Commissioners.

16. INDEMNIFICATION: The successful Proposer agrees to indemnify and hold harmless the County and their employeesfrom all claims, losses and expenses, including attorneys fees, arising out of or resulting from the performance, failure inthe performance of, or defect in, the products or services to be contracted, provided such claim, damage, loss or expense(1) is attributable to bodily injury, sickness, disease, death, or personal injury, or to property damage, including loss of use

resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the vendor, any subcontractoror any of their employees, or arises from a job-related injury. The successful Proposer acknowledges adequateconsideration for this indemnification provision.

17. PATENTS AND ROYALTIES: The Proposer, without exception shall indemnify and save harmless the County ofBrevard and its employees from liability of any nature of kind including cost and expenses for or on account of anycopyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract,including its use by the County of Brevard. If the Proposer uses any design, device, or materials covered by letters, patentor copyright, it is mutually agreed and understood without exception that the Proposal prices shall include all royalties orcost arising from the use of such design, device, or materials in any involved in the work.

18.TRAINING: If specified, supplier(s) may be required at the convenience of the County, to provide employees training inthe operation and maintenance of any items(s) purchased from this Proposal.

19. ACCEPTANCE: Items may be tested for compliance with specification. Items delivered not conforming to specificationsmay be rejected and returned at vendors expense. Those items not delivered as per delivery date in Proposal and/orpurchase order may be purchased on the open market. Any increase in cost may be charged against the vendor. Anyviolations of these stipulations may also result in the vendor name being removed from the Proposal list and the vendordisqualified from doing business with the County of Brevard.

20. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for havingcompiled with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the usethereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to bothprivate industry and governmental agencies.

21. WARRANTY:The Proposer agrees that, unless otherwise specified, the supplies and/or services furnished under thisProposal shall be covered by the most favorable commercial warranty the Proposer gives to any customer for comparablequantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do notlimit any rights afforded to the County of Brevard by any other provision of this Proposal.

22. AWARDS: As the best interest of the County may require, the right is reserved to make award(s) by individual items,group of items, all or none, or a combination thereof; on a geographical basis and/or on a countywide basis with one ormore suppliers; to reject any and all Proposals or waive any minor irregularly or technicality in Proposals received.

Proposers are cautioned to make no assumptions unless their Proposal has been evaluated as being responsive andqualified. All awards made as a result of this Proposal shall conform to applicable ordinances of the County of Brevard.

The Board may return, for full credit, any unused items received which fail to meet the Boards performance standards.Brevard County reserves the right to cancel an awarded Proposal upon due cause, i.e. vendor misrepresentation, vendornegligence, non-performance, etc. via written notice.

23. Unless otherwise noted in the Proposal document, vendors shall submit one Proposal only.24. DEFINITIONS:

COUNTY - The term COUNTY herein refers to the County of Brevard, Florida, and its duly authorized representatives.PROPOSER - The term PROPOSER used herein refers to the dealer/ manufacturer/business organization submitting aProposal to the County in response to this invitation.VENDOR - The term VENDOR used herein refers to any dealer/manufacturer/business organization that will be awardeda contract pursuant to the terms, conditions and quotations of the Proposal.


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USING AGENCY - The term USING AGENCY used herein refers to any department, division, agency, commission,board, committee, authority or other unit in the County Government using supplies or procuring contractual services asprovided for in the Purchasing Ordinance of the County of Brevard.HEAVY DUTY - The item(s) to which the term HEAVY DUTY is applied shall exceed the usual quality and/or capacitysupplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear

and use.QUALIFIED BIDDER OR PROPOSER - The best bidder or proposer who has the capability in all respects to fullyperform the Proposal requirements, and has the financial stability, honesty, integrity, skill, business judgment, experience,facilities, and reliability necessary to assure good faith performance of the contract, as determined by reference to theContractors Qualification Statement, evaluations by County staff of the proposer or its subcontractors past performancefor the Board, an any other information required by Board policies.RESPONSIVE BIDDER OR PROPOSER - A bidder or proposer who has submitted a bid or proposal which conforms inall respects to the requirements of the bid package or request for proposal, including, but not limited to, submission of thebid or proposal on required forms with all required information, signatures, and notarizations at the place and timespecified.DUE CAUSE An applicable reason affecting and concerning the ability and fitness of the contractor(s) to perform to thespecifications and requirements of the contract.

25. CONFLICT OF INTEREST:The award hereunder is subject to provisions of State Statutes and County Ordinance. All

Bidders must disclose with their Proposal the name of any officer, director, or agent who is also an employee of BrevardCounty. Further, all proposers must disclose the name of any County employee who owns, directly or indirectly, anyinterest in the proposers firm or any of its branches.

26. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES:This Proposal may be expanded toinclude other governmental agencies provided a cooperative Purchasing Agreement exists or an Interlocal Agreement for

joint purchasing exists between Brevard County and the other public agency. Each political entity will be responsible forexecution of its own requirements with the awarded vendor.

27. DRUG FREE WORKPLACE: Whenever two or more proposals which are equal with respect to price, quality, andservice are received by Brevard County for the procurement of commodities or contractual services, a proposal receivedfrom a business that has implemented a drug free workplace program (per Florida Statutes Section 287.087) shall be givenpreference in the award process.

28. LOBBYING STATEMENT: All firms are hereby placed on notice the County Commission and staff shall not becontacted about this Proposal. Firms and their agents are hereby placed on notice that they are not to contact members ofthe County Commission or staff (with the exception of designated liaison). Public meetings and public deliberations of theSelection Committee are the only acceptable forum for the discussion of merits of products/services requested by the RFP;and written correspondence in regard to Proposals may be submitted to the Purchasing Manager. Each Proposal will haveone non-voting staff member designated who will serve as the liaison. Failure to adhere to these requirements could resultin Board action to disqualify your firm from consideration of award.

29. 29. PUBLIC ENTITY CRIMES: All Proposers are hereby placed on notice that a person or affiliate who has beenplaced on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on acontract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity forthe construction repair of a public building or public work, may not submit Proposals on leases of real property to apublic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contractwith a public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO (currently $35,000) for a period of thirty six (36) months from the date of being placed onthe convicted vendor list.

30. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a

Proposal on a contract to provide goods or services to a public entity, may not submit a Proposal on a contract with a publicentity for the construction or repair of a public building or public work, may not submit Proposals on leases or real propertyto a public entity, may not award or perform work as a contractor, supplier, and may not transact business with any publicentity.

31. LICENSE/CERTIFICATIONS AND PERMITS:The successful vendor will be required to secure, at its expense andshow proof of the proper business tax receipt and/or any other license/certification required of the applicable service/workbeing performed. Prior to award, the apparent low bidder will be required to provide proof of license and/or certificationwithin two (2) business days of the posted awarded recommendation and submit copies of license/certifications to thePurchasing Office. The Brevard County Contractor Licensing and Regulations Section is responsible for the countylicensing of trades: General Building, drywall, plumbing, electric, HVAC, roofing, etc. If you have questions concerningthe licensing requirements for a Brevard County contractors license, please Contact the Brevard County LicensingRegulation and Enforcement Office at (321) 633-2058, option 0, for any questions.


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The awarded contractor shall fully comply with all federal and state laws, county and municipal ordinances and regulationsin any manner affecting the performance of the work. The successful vendor is responsible for obtaining all permitsnecessary to construct the project. Brevard County does not exempt itself from permitting requirements. The Owner shallpay all Brevard County permit, inspection and impact fees required for the project or services required under this contract;all other fees for permits required by agencies/municipalities other than Brevard County shall be the responsibility of the

awarded Contractor. A copy of issued permit shall be provided to the User Department of the County for their records.32. ERRORS: In the event of extension error(s), the unit price will prevail. In the event of addition error(s), the extended

totals will prevail. In either case, the Proposals total offer will be adjusted accordingly.33. CANCELLATION AND RE-INSURANCE: If any insurance should be canceled or changed by the insurance expiring

during the period of this Proposal award, the vendor shall be responsible for securing other acceptable insurance to providethe coverage specified in the Proposal to maintain continuous coverage during the life of the award.

34. INCURRED COST: Brevard County is not liable for any cost incurred by any vendor prior to an award. Costs fordeveloping a response to this request for Proposal are entirely the obligation of the proposer and shall not be chargeable inany manner to Brevard County.

35. MATERIALS/SUPPLIES: No materials or supplies for the work shall be purchased by the vendor or by any sub-contractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained bythe seller.

36. SUBCONTRACTORS: The vendor shall be fully responsible for all acts and omissions of his sub-contractors and of

persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts andomissions of persons directly employed by him.37. VERBAL INSTRUCTIONS: No negotiations, decisions, or actions shall be initiated or executed by the vendor as a

result of any discussions with any County employee. Only those communications which are in writing from an authorizedCounty representative may be considered. Only written communications from vendors which are assigned by a persondesignated as authorized to bind the company will be recognized by the County as duly authorized expressions on behalf ofthe company.

38. FAX: Proposals which are received by FAX are not acceptable and will be rejected.39. LITIGATION VENUE: All litigation shall take place either in the State Courts of Florida, wherein venue shall lie in

Brevard County, Florida; or in the Federal Courts wherein venue shall lie in the Central District in and for the State ofFlorida. The vendor expressly waives venue in any other location.

40. ADDITION, DELETION OR MODIFICATION OF SERVICES: The County reserves the right at its sole discretionto increase, decrease, or delete any portion of this agreement/contract at any time without cause, and if such right isexercised by the County, the total fee shall be reduced by a prorate basis. If work has already been accomplished on theportion of the contract to be increased, decreased, or deleted, the contractor shall be paid for the correct portion on the basisof the estimated percentage agreed upon by the County, the contractor, and the contract manager upon completion of suchportion.

41. OPERATION DURING DISPUTE: In the event the County has not canceled the contract in accordance with the termsof the contract, and there remains a dispute between the proposer and the County, the proposer agrees to continue tooperate and perform under the terms of the contract while such dispute is pending, and further agrees that, in the event asuit is filed for injunction or other relief, it will continue to operate the system until the final adjudication of such suit bythe court.

42. CONTRACT TERMINATION: The contract resulting from this Proposal shall commence upon issuance andacceptance of the fully executed contract. The County user agency shall issue orders against the contract on an as neededbasis. The contract may be canceled by the vendor, for good cause, upon ninety (90) days prior written notice. TheCounty retains the right to terminate the contract, in part or in its entirety, with or without good cause, upon thirty (30) daysprior written notice or as stated herein. In the event of termination by either party as provided herein, the awarded vendor

shall be paid for services performed through the date of termination.43. SPECIAL ACCOMMODATIONS: In accordance with the Americans with Disabilities Act and Section 286.26, F.S.,

persons with disabilities needing special accommodations to participate should contact the County Managers Office nolater than 48 hours prior to any meeting at 633-2001 for assistance.

44. PROPOSER RESPONSIBILITIES: A proposer, by submitting a Proposal, certifies that it understands all planning,coordinating, and implementation of the described services shall be done through personal contact between the proposerand the contract manager, and that telephone contact and mail correspondence may, in some cases, not be appropriate.County approved representatives of the proposer shall be available to meet with the contract manager, as may be required,to accomplish the Countys objectives as effectively and efficiently as possible, during all phases of thisagreement/contract/ Proposal.

45. SUPERVISION OF CONTRACT PERFORMANCE: The proposers performance of the contract will be monitored bythe contract manager. The proposer shall be notified of lack of performance in writing by the contract manager. If at any


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time during the term of the contract, performance satisfactory to the contract manager shall not have been made, theproposer, upon written notification by the contract manager, shall within three (3) days increase the force, tools andequipment as needed to properly perform the contract. The failure of the contract manager to file such notification shallnot relieve the proposer of the obligation to perform the work at the time and in the manner specified by the contract. If theproposer does not increase the force or neglects to do the work properly, the contract manager can withhold a percentage of

payment or withhold the entire dollar amount due as per the contract.46. MISUNDERSTANDING: To prevent misunderstanding and any litigation, the contract manager shall decide any and all

questions which may arise concerning the quality and acceptability of the work and services performed, the sufficiency ofperformance, the interpretation of the provisions of the contract, and the acceptable fulfillment of the contract on the part ofthe proposal. The contract manager will determine whether or not the amount, quantity, character and quality of the workperformed are satisfactory, which determination shall be final, conclusive and binding upon both the proposer and theCounty. The contract manager shall make such explanation as may be necessary to complete, explain, or make definite theprovisions of the contract, and his findings and conclusions shall be final and binding upon both parties.

47. GREEN PROCUREMENT POLICY: The Board of County Commissioners approved a green procurement policy inMarch 2004 to establish procurement requirements that promote the purchase and use of Environmentally PreferredProducts as defined by the United States Environmental Protection Agency. Environmentally Preferred Products (EPP) arethose products and services that have a reduced effect on the human health and the environment when compared to otherproducts and services that serve the same purpose. EPP produces encourage (1) waste reduction; (2) reduced exposure to

hazardous materials; (3) natural resource conservation; and (4) energy efficiency.48. MONITORING OF WORK: The proposer shall provide the contract manager with every reasonable opportunity toascertain whether or not the work, as performed, is in accordance with the requirements of the contract. The Proposer shalldesignate, in writing, a person to serve as liaison between the proposer and the County.

49. PROMPT PAYMENT: For payment promptness, Brevard County shall remit payment in accordance with the FloridaPrompt Payment Act, Florida Statutes section 218.70, et seq. Brevard County does not expect to be billed in excess of theordered quantity and will not pay for any quantity above the ordered quantity. Any order placed as a result of this quotationwill be subject to Billing Instructions and Conditions on the face of the Brevard County Purchase Order form. Proposersmay offer cash discounts for prompt payment but they will not be considered in determination of award. If a Proposeroffers a discount, it is understood that the discount time will be from the date of satisfactory delivery, at the place ofacceptance, and receipt of correct invoice, at the office specified, whichever occurs last.Requests for final payment for any work or services for which a permit is required shall include a copy of all requiredpermits and copies of all required inspection reports. Failure to provide proof of acquisition of all required permits andsuccessful completion of all required inspections shall represent an incomplete invoice and will delay payment.

50.

RIGHT TO AUDIT RECORDS: In performance of this Agreement, the Contractor shall keep books, records, andaccounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. Alldocuments, papers, books, records and accounts made or received by the contractor in conjunction with the Agreement andthe performance of this Agreement shall be open to inspection during regular business hours by an authorizedrepresentative of the office and shall be retained by the contractor for a period of three (3) years after termination of thisAgreement, unless such records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1)Florida Statutes.

51. UNAUTHORIZED ALIEN WORKS: Brevard County will not accept Proposals from vendors who knowingly employunauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a (e)(Section) 274A (e) of the Immigration and Nationality Act INA. The County shall consider a vendors intentionalemployment of unauthorized aliens as grounds for immediate termination of any awarded proposal.

52. FLORIDA PUBLIC RECORDS LAW:Both parties understand that the County is subject to the Florida Public Records Law, Chapter 119, Florida Statutes and all

other applicable Florida Statutes. If the materials provided by the Contractor do not fall under a specific exemption, underFlorida or federal law, materials provided by the Contractor to the County would have to be provided to anyone making apublic records request. It will be the proposers duty to identify the information which it deems is exempt underFlorida/federal law and identify the statute by number which exempts that information.Should any person or entity make a public request of the County which requires or would require the County to allowinspection or provide copies of records which the Contractor maintains are exempt from Public Records Law or areconfidential, it shall be the Contractors obligation to provide the County within 24 hours (not including weekends andlegal holidays), of notification by the County to the Contractor of the request, of the specific exemption or confidentialityprovision so the County will able to comply with the requirements of Fla. Stat. 119.07(1)(e) and (f). Should the Countyface any kind of legal action to require or enforce inspection or production of any records provided by the Contractor tothe County which the Contractor maintains are exempt or confidential from such inspection/production as a public record,then the Contractor shall hire and compensate attorney(s) who shall represent the interest of the County as well as the


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Contractor in defending such action. The Contractor shall also pay any costs to defend such action and shall pay any costsand attorneys fees which may be awarded pursuant to Fla. Stat. 119.12.All material submitted becomes the property of the County and may be returned only at the County's option. The Countyhas the right to use any or all ideas presented in any reply to this RFP. Selection or rejection of any proposal does notaffect this right.

53.

LOCAL PREFERENCE:The Board of County Commissioners of Brevard County, Florida adopted Resolution No. 2010-122 on July 13, 2010 toextend Resolution No 2009-146 for a local business preference policy. Businesses located within Brevard County and theState of Florida will be given preference through the procedures established by the resolution. The entire resolution may beviewed atwww.brevardcounty.us(Purchasing/Bids) orwww.brevardcounty.us/purchasing.It is understood that the submission of a Local Vendor Affidavit of Eligibility to Brevard County Purchasing Services withthe proposal is for the Brevard County Board of County Commissioners only, and the Affidavit is valid only for the RFPspecified. The proposer also understands that failure to maintain the requirements of the vendor category stated on theLocal Vendor Affidavit of Eligibility through completion of the awarded proposal or contract may be grounds forimmediate termination and may be used for consideration in future awards.Please Note, Local Preference is not applicable to contracts valued at $1,000,000 or greater as of May 29, 2012 perdirection of the Brevard County Board of County Commissioners.

54. PREFERENCE GIVEN TO COMMODITIES MANUFACTURED, GROWN OR PRODUCTED IN FLORIDA:

In accordance with Florida Statute 287.082, whenever two or more competitive sealed Proposals are received, one or moreof which relates to commodities manufactured, grown, or produced within this state, and whenever all things stated in suchreceived Proposals are equal with respect to price, quality, and service, the commodities manufactured, grown, or producedwithin this state shall be given preference.

55. COUNTY SEAL:Use of the County Seal without the express approval of the Board of County Commissioners is a violation of section165.043 Florida Statutes punishable as a misdemeanor.

56.TIE BIDS: Award of all tie quotes/bids shall be made by the Purchasing Manager in accordance with State Statutes,which allows a firm certified as a Drug-Free Workplace to have precedence. When evaluation of vendor responses tosolicitations results in identical offers, with regards to bids or quotations, or identical ranking with regards to proposals,from two or more vendors, the County shall determine the order of award using the following criteria in order of preferencelisted below (from highest priority to lowest priority):a. For tie bids, quotations or proposals, priority shall be given to the vendor certifying that he/she is a Drug-Free

Workplace as defined within 287.087, Florida Statutes;b. Should a tie still exist, in the case of proposals only, priority shall be given until the tie is broken, to the vendor with

the highest total of raw scores for each evaluation criteria, progressing from the highest weighted criteria to the lowestrated criteria. If multiple evaluation criteria have identical weights, the combined total weights of the identicallyweighted criteria shall be used;

c. Should a tie still exist for bids, quotations or proposals, priority shall be given to the vendor having a verified businessestablishment within the boundaries of Brevard County, Florida;

d. In the event that a tie still exists after progressing through a-c, the decision shall be made by lot or coin toss. Thedrawing of lots or coin toss shall be conducted in the presence of the effected bidders if they elect to be present.

57. VENDOR COMPLAINTS AND DISPUTES:Brevard County encourages prompt and fair handling of all complaints and disputes with the business community. Inorder to resolve disputed matters in an equitable manner, the following procedures are adopted:I. Posting of Award NoticesA. FORMAL SEALED BIDS/QUOTES: No later than three (3) business days after a bid opening the Purchasing

Manager or his/her designee shall post a tabulation of competitive sealed bids/quotes on a bulletin board located in or nearthe Purchasing Services Office. The apparent low bidder/quote will be the intended award recommendation. If afterposting the tabulation, the apparent low bidder/quote is found to be non-responsive to the specifications, the formalaward evaluation will be posted. The time for filing a protest will begin the date of the later posting.

B. FORMAL SEALED PROPOSALS: No later than three (3) business days after the selection committeerecommendations are finalized the Purchasing Manager or his/her designee shall post the selection committees rankingsand recommended award for Proposals.

II. ProceedingsA. Any Bidder, quoter or proposer who is allegedly aggrieved in connection with the solicitation or pending award of acontract must file a formal written protest with the Purchasing Manager within five (5) business days of the posted awardrecommendation.
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B. The formal written protest shall reference the bid/quote/proposal number, and shall state with particularity the facts andlaws upon which the protest is based, including full details of adverse affects and the relief sought.

C. Within seven (7) calendar days of receipt of the formal written protest the Purchasing Manager will arrange a meeting

of the Protest Committee and the affected parties. The Protest Committee shall consist of two (2) Department Directorsor designees, both of whom must be from an organizational group which the user department or group is not assigned;one (1) Assistant County Manager, who must be from an organizational group which the user department or group isnot assigned under. The Purchasing Manager shall act as a non-voting Hearing Coordinator and the County Attorneyor designee may be requested to attend as a non-voting member. The Purchasing Manager or designee record themeeting and provide any information as the committee may request. The purpose of the meeting of the ProtestCommittee is to provi

RFP P-4-12-23 Original Invitation & Addendums

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Transcript of RFP P-4-12-23 Original Invitation & Addendums