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HomeMy WebLinkAbout2000-285mo 4P VEGETATIVE & WOOD WASTE SERVICES AGREEMENT IRC BID NUMBER. 2053 This Agreement is made and entered into this 4 'day of /' 2%� 7 2000, by and between INDIAN RIVER COUNTY BOARD OF COUNTY COIVMSSIONERS, located at 1840 2511 Street, Vero Beach, Florida 32960, hereinafter called "COUNTY"; and Biomass Processing Technology, Inc., with its office located at 6877 Vista Parkway North, West Palm Beach, FL 33411, hereinafter called the "CONTRACTOR". WITNESSETH THAT: In consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1. The CONTRACTOR shall provide to the COUNTY the labor, services, materials and all appurtenances thereto described in Bid Number 2053, entitled VEGETATIVE & WOOD WASTE PROCESSING AND RECYCLING, opened July 12, 2000. The CONTRACTOR shall furnish, at his own cost and expense, all equipment, tools, materials and labor of every description necessary to carry out and complete said service/work in a good, substantial and workmanlike manner. 2. This. Agreement shall be in effect for a three (3) year period from October 1, 2000 to September 30, 2003. CONTRACTOR shall commence performance of service/work required hereunder upon execution of this agreement by both parties and on said beginning date agreed upon by the CONTRACTOR and COUNTY as stated herein. 3. Including the provision contained in this Agreement, the CONTRACTOR shall adhere to all provisions contained in a letter dated July 20, 2000 and the Scope of Work as submitted by the CONTRACTOR and attached as Attachments A & B of this Agreement. 4. The COUNTY shall pay the CONTRACTOR based upon the number of tons processed and removed from the Landfill site, as provided in Bid Number 2053. The COUNTY shall maintain scale weights of all outgoing material processed and removed by the CONTRACTOR under this Agreement. The CONTRACTOR shall provide with each scale transaction a product ticket or manifest identifying material and vehicle information for all materials removed from the landfill under this contract. The COUNTY shall provide to the CONTRACTOR within ten (10) working days after the end of each calendar month, a written, verifiable record of such weights, for all material removed during the previous calendar month. The CONTRACTOR shall submit an invoice to the COUNTY based on this record, with any adjustments mutually agreed upon by the CONTRACTOR and the COUNTY. 5, The COUNTY shall pay the CONTRACTOR the sum of Seventeen Dollars and Seventeen Cents ($17.17) for each ton of material removed as described above. Payment is due within thirty days receipt of the invoice from the CONTRACTOR. The contract price may be adjusted annually beginning October 1, 2001, by a maximum of 3% based on consumer price index (CPI), upon approval by the COUNTY. A request for the price adjustment must be submitted in writing ninety (90) days prior to the end of cacti yearly contract period. Failure to do so will be considered a waiver of the allowed increase. Page I of z of C -1 40 6. The CONTRACTOR shall not add moisture to increase the weight of the material prior to shipping. 7, Any changes in the services provided shall be agreed upon by both the COUNTY and the CONTRACTOR and shall be covered by a Modification Agreement stipulating the change in the Contract. 8, The CONTRACTOR shall indemnify, hold harmless, and defend the COUNTY, its Officers, agents, and employees, and anyone directly or indirectly employed by the COUNTY, from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in equity, including court cost and attorneys' fees, that may be made or brought by anyone on account of personal injury, property damage, loss of monies, or other loss, to the extent caused or incurred, as a result of any negligent, fraud or defalcation by the CONTRAC'T'OR, or anyone performing any act required by the CONTRACTOR in connection with performance of the Contract awarded pursuant to this Bid. 9. During the performance of this Agreement, the CONTRACTOR herein assures the COUNTY that said CONTRACTOR is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992 in that the CONTRACTOR does not on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against said CONTRACTOR'S employees or applicants for employment. The CONTRACTOR. understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the CONTRACTOR herein assures the COUNTY that said CONTRACTOR will comply with Title VI of the Civil Rights Act of 1964 when Federal grant(s) is/are involved. Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination as herein above delineated are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability, 10. This Agreement shall be contingent upon the CONTRACTOR furnishing the COUNTY, when required, a Certificate of Insurance, Performance Bond, Payment Bond, and any other such documents as required in this Contract within ten (10) days after the execution of this Agreement. 11. This Agreement may only be amended or modified by a written instrument executed by the COUNTY and the CONTRACTOR. 12. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of Florida, or the laws, rules, and regulations of the United States when providing services funded by the United States government and venue shall be in Indian River County, Florida, 13. Unless the CONTRACTOR'S breach is waived the COUNTY may, upon the giving written notice, terminate this Agreement for said breach. Waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach; nor shall it be construed to be a modification of the Agreement. Notwithstanding the COUNTY reserves the right to terminate the contract at anytime, with or without cause, upon one -hundred and eighty (180) days advanced notice to the CONTRACTOR. The aforesaid termination notice shall be considered received by the CONTRACTOR and the COUNTY if delivered in person with written proof thereof, or when deposited in the U.S. Mail, in a prepaid wrapped envelope marked certified, return receipt requested. Page 2 of 3 of 40 40 a 14. Notice — Any notice required by this Agreement shall be given to the following representatives of the parties: COUNTY: CONTRACTOR: Solid Waste Disposal District Biomass Processing Technology, Inc. Donald R. Hubbs, Director Richard Schroeder, Vice President 1325 7e Avenue SW Field Operations Vero Beach, FL 32968 4035 NW 43m Street Gainesville, FL 32646 15. THE FOREGOING CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER CONTAINED HEREIN. The Information to Bidders, Special Provisions and Insurance Requirements, Scope of Services, the Bid Form with Cost for Collection Packaging Public Entity Crime Form, Disclosure Form, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 'below by their duly authorized representatives. ]_�. OMA S PPLOCESSING TECHNOLOGY, INC. INDIAN RIVER COUNTY, FLORIDA Larry Denney, President pian B. Adams, Chairman Witnessed by: County Atto Approved as to Form and Legal Sufficiency " f �� aures E. Chand er, County Administrator ide WOOL? WASTE AGREEMENT Approved by BCC 09-19-2000 Atte t: J3.. Barton, Clerk of Circuit Court C' - Deputy Cler INDIAN RIVER. CO. API ')v .11 A'r UTILITIES DIRECTOR BUDGET I-EGAL 7 Sl�r�v RISK MANAGER W Page 3 of 3 io i 40 40 I rI ► Rc•hn July 20, 2000 Mr. Ron Brooks, Manager Indian River County Solid Waste Disposal District 1325 74`h Avenue SW Vera Beach, FL 32988 Lear Mr. Brooks: Ilioniass Processing Technology, Inc. 4035 NW 43'' Street Gainesville, FL 32606 Phone: (352)367-1235 Fax: (352) 367-3268 ] Mob. (561) 662-3194 E-nx l: QNVFieIdQF m nxont ,w;K 4 *A r ,� AAr�-jr. AVL ft By FAX: 561-770-5298 This letter serves as confirmation or our bid submittal to your Bid Number 2053 for Vegetation and Wood Waste Processing and Recycling Services. Biomass Processing Technology Inc. (BPT) will process all wood waste as described in Section 2.10 of Parl C, Scope of Services, of the above Bid package, specifically including vegetative and woody materials, pallets, crates, logs and stumps. In addition BPT will comply with the bid condition that stockpiles will be less than 3,500 tons total at any time during the term of the agreement. BPT has inspected your operation at the Indian River facility. We will receive the material and remove unwanted items at the landfill as specified. After this inspection we feel it will not be necessary to return any additional reject material separated at our facility to your site for disposal. Please let me know if there are any questions regarding this matter Sincere Richard Schroeder Vice President Operations Page 1 of 1 06 Attachment B Management Plan BPT will bring Innovative processes and management of yard waste to Indian River County. In summary, the plan includes: The im ediale removal of all yard waste on a daily ba§iLfrom the landfill. Processing of the Material off-site at a high technology facility where 100% of the material is rec clad into higher value products. None of the material will be directly burned, buried, or stockpiled, and 1 GO% of the material will be recycled. a The elimination of management issues associated with yard waste at the landfill, including stockpiles, delays from marketing, potential fire and dust problems, and safety and liability issues associated with on-site processing. The management plan is detailed below. Receipt and Loading of Material BPT will have personnel at the site assigned on a full-time basis. The site supervisor will be responsible for daily coordination with Indian River County, and an additional spotter will be available for peak volume periods and to fill In when the Site Supervisor is absent. The people will be equipped with machinery to load green yard waste directly into transfer trailers, for immediate shipment to the BPT processing facility. Trucks will be loaded on a five-day per week basis; in the event any material is left at the landfill site on Friday, the crew will load trucks on the weekend to eliminate any backlog before the following Monday. Normal hours and holidays will be observed as specified in Section 3.6 on page 17 of the bid package. BPT will wont with Indian River to construct a loading area suitable to toad yard waste so it will not become contaminated with dirt from the landfill property. This not only minimizes the impact to Indian River in terms of the condition of the landfill, but also eliminates the County being charged for the weight of soil or other material as it leaves the facility. It's important to note the difference in the BPT process compared to other "recycling efforts'. We are using the material as a feedstock in a complex process, and therefore we want to keep it as clean as possible. Unlike some other markets, soil is detrimental to our process, and keeping the soils from the outgoing material can save both BPT and the County a significant amount of money. The receipt and loading machinery will be a front-end loader equipped with buckets and rakes, equal to a Caterpillar Model 950. The equipment will be permanently stationed at the landfill during the performance of this service and will always be on-site except for repairs or maintenance. It is intended that the equipment will be a new or late made] leased or purchased from a nearby equipment dealer. It is intended that the yard waste will be loaded into trucks and removed without processing on site. We do this because we have an extensive biomass cleaning system and size reduction system at our Processing Facility, and this is also an advantage to Indian River County: Not grinding at the landfill means less dust, vehicular traffic, and noise at the landfill. • The lack of large diesel powered grinding and processing machines at the site eliminate a Targe part of the County's exposure to liability associated with these machines. Specifically, Injury or damage from flying debris is eliminated. During the term of the service agreement BPT may elect to grind on-site, removing product immediately. Baling of yard waste is also being explored as a viable option. However, in any event Bn. T assures the County that all material will be removed from the landfill site on a weekly basis. Transporting of Material irauach©O0703 Page 1 of 3 D Attachment B Management Plan BPT will bring Innovative processes and management of yard waste to Indian River County. In summary, the plan includes: The im ediale removal of all yard waste on a daily ba§iLfrom the landfill. Processing of the Material off-site at a high technology facility where 100% of the material is rec clad into higher value products. None of the material will be directly burned, buried, or stockpiled, and 1 GO% of the material will be recycled. a The elimination of management issues associated with yard waste at the landfill, including stockpiles, delays from marketing, potential fire and dust problems, and safety and liability issues associated with on-site processing. The management plan is detailed below. Receipt and Loading of Material BPT will have personnel at the site assigned on a full-time basis. The site supervisor will be responsible for daily coordination with Indian River County, and an additional spotter will be available for peak volume periods and to fill In when the Site Supervisor is absent. The people will be equipped with machinery to load green yard waste directly into transfer trailers, for immediate shipment to the BPT processing facility. Trucks will be loaded on a five-day per week basis; in the event any material is left at the landfill site on Friday, the crew will load trucks on the weekend to eliminate any backlog before the following Monday. Normal hours and holidays will be observed as specified in Section 3.6 on page 17 of the bid package. BPT will wont with Indian River to construct a loading area suitable to toad yard waste so it will not become contaminated with dirt from the landfill property. This not only minimizes the impact to Indian River in terms of the condition of the landfill, but also eliminates the County being charged for the weight of soil or other material as it leaves the facility. It's important to note the difference in the BPT process compared to other "recycling efforts'. We are using the material as a feedstock in a complex process, and therefore we want to keep it as clean as possible. Unlike some other markets, soil is detrimental to our process, and keeping the soils from the outgoing material can save both BPT and the County a significant amount of money. The receipt and loading machinery will be a front-end loader equipped with buckets and rakes, equal to a Caterpillar Model 950. The equipment will be permanently stationed at the landfill during the performance of this service and will always be on-site except for repairs or maintenance. It is intended that the equipment will be a new or late made] leased or purchased from a nearby equipment dealer. It is intended that the yard waste will be loaded into trucks and removed without processing on site. We do this because we have an extensive biomass cleaning system and size reduction system at our Processing Facility, and this is also an advantage to Indian River County: Not grinding at the landfill means less dust, vehicular traffic, and noise at the landfill. • The lack of large diesel powered grinding and processing machines at the site eliminate a Targe part of the County's exposure to liability associated with these machines. Specifically, Injury or damage from flying debris is eliminated. During the term of the service agreement BPT may elect to grind on-site, removing product immediately. Baling of yard waste is also being explored as a viable option. However, in any event Bn. T assures the County that all material will be removed from the landfill site on a weekly basis. Transporting of Material irauach©O0703 Page 1 of 3 of 40 db ~ The yard waste from Indian River County will be transported by thick to file BPT Processing Facility, located about 45 miles away. Tandem axle tractors will employ eitherwalking•floor or standard floor open top trailers, with capacities of 100 to 130 cubic yards. BPT will explore the use of a trucking subcontractor to perform this service. Any subcontractor used will meet all of Indican River's criteria for insurance coverage and Indemnification. BPT Is prepared to purchase the required trucking equipment, including road tractors and trailers, in the event a suitable trucking contractor cannot be found. BPT will coordinate all activities Involved with transportation, and will conduct transporting activities In a manner to minimize inconvenience to lite landfill's operation. The trucks will be loaded during normal landfill operating hours, and will be loaded during other times only with specific authorization from the landfill. The scale at the landfill will be used to verify incoming and outgoing weights, and the net amount in tons removed as measured by the county scale will be used for billing purposes. Due to the nature of this project and the close proximity to the Processing Center, efforts will be made to dedicate a number of trucks full -lima to the transporting of Indian River's yard waste, and after this is done BPT recommends that the empty weights of the vehicles be established and verified by BPT and the County. This will reduce necessary traffic at the scale by 50%. BPT's Unique Technology- The Processing Center BPT has invested over five years and over $8 million to develop and perfect a method of using low-grade biomass materials. The result is the near -completion of the first UPT Processing Center in the country, in Okeechobee County approximately 45 miles from the landfill. This entire facility, housed on a 6 -acre tract Is the cornerstone of the yard waste recycling plan being proposed to Indian River County.. This facility is designed to accept a wide range of biomass materials, including yard waste, barn waste from confined animal operations, farm crop residue and even plants grown for water remediation purposes. The materials are delivered to the site and will be consumed within 72 hours of delivery — the process prefers fresh biomass to aged or decayed biomass. Basically, the process involves receipt of the material, extensive cleaning using proprietary separation technology, breaking down the biomass Into its base components and compounds, and using these compounds to produce a wide range of products. The material from Indian River County will arrive in the transport trucks and be unloaded at a receiving floor and storage building. When the plant is fully operational a truck tipping unloader will be Installed, which will eliminate the need for live-floortrailers . After loading at the Indian River Landfill, the yard waste will not come into contact with the soil. The material will again be inspected for non -wood Items such as concrete, metal, or plastic. Any such material will be removed from the Incoming stream and placed In containers for removal and disposal. In the years of experience that BPT personnel have in operating yard waste recycling sites, rarely does any county experience greater than 2110ths of 1% non -wood reject material by weight. In addition tho management of BPT Is very familiar with the method of handling and separation being performed by Indian River County, and it is assumed that this practice is continued during our performance of the services. BPT will transport the material to Indian River and place it at a location within the landfill site as directed by the County, this was specified in the bid. After inspection the material will be rough ground using impact or rotary slicing technology, and then placed in a retrieval systern. From there it will automatically be fed into a BPT "PP100" cleaning system. This device separates the entrained sand from the material, as well as small particles of non -wood such as small stones or glass. All processing capabilities are designed to exceed 1,000 tons per day. From there the material passes through a series of size reducers, reactors, treating vessels and fractionating systems where it Is reduced to its primary components, cellulose, hemicellulose, and lignin. The colluloses are used to create animal feed protein using microbial techniques developed arad tested by BPT. The lignin Is separated and refined into a pellet that contains almost nothinn but lignin. This material is very high in energy content and can be used as a clean substitute for coal in any coal-fired utility boiler (our tignin contains virtually no ash and no sulfur). In addition, the lignin also has other irattachOOO703 Page 2 of 3 60 4D 40 ! markets when relined to a high degree, including lubricants, binders, and ingredients for plastic manufacturing. The Processing Center represents hardware and processing capacity well in excess of requirements for Indian River County. It 15 being built as four separate somewhat identical lines, and any one of the lines can handle the large majority of Indian River's yard waste. The first line is scheduled to be complete in the summer of 2000, and all four Pines are scheduled for full operation shortly thereafter, I I Keep in mind that this Processing Center is not just In the planning stage; it is built and will be operational soon. RPT will commit to taking all of Indian Rivers yard waste as described in this Plan effec iye October 1.2000 and will continue to acWpt this material forihe term of the agreernen_t. This performance Is assts ed with the postincl of the re uestodperformance bond. BPT has other sources of biomass for use at the facility, including other county's yard waste, bam waste, and other types of vegetation. Yard waste has some disadvantages compared to the other sources but the fee charged to process the material, basically covering freight and handling, allows the Processing Center to economically use this as a feedstock. In the event that BPT is selected as the successful bidder, BPT will provide a tour of the facility to appropriate Indian River County personnel. Indian River County should understand that this facility represents many years and investment by over 400 shareholders world -wade, and its process contains many trade secrets. Because of this BPT prefers to limit the number of people being shown the facility. Marketing of Products One of the greatest strengths of BPT compared to normal yard waste grinding companies is the marketing of products. BPT is in a sense, the end market for all of the yard waste. BPT has already identified end markets for all products manufactured with the process described in this plan. In fact, BPT is In the process of developing and permitting several additional Processing Centers, in Florida and the rest of the US, because the markets for end products for exceed the output from the first Processing Center. BPT will market all materials as high grade materials, and all markets will constitute bona fide recycled products. In Its process BPT also removes the clean sand from the incoming biomass. BPT will make this material available to Indian River County for use as cover, upon terms mutually agreeable to both parties; however, under this proposal Indian River is not required to take any of the sand generated at the Processing Center. irattach©O0703 Page 3 of 3 s• 40 40 A NITA,C[-1N1ENr C -Total of 32 Pages rNDIAN RIVER COUNTY BOARD Or COMMISSIONERS SOLID WASTE DISPOSAL DISTRICT VEGETATIVE AND WOOD WASTE PROCESSING AND RECYCLING INDIAN RIVER COUNTY INVITATION TO BID NO.2053 BID OPENING DATE: JULY 12. 2000 AT 2:00 P.M. A BID BOND MUST ACCOMPANY BID IRS• P D� n TABLE OF CONTENTS PART A Information io Bidders PART B Special Provisions PART C Scope of Services PART D Forms Invitation to Sid Questionnaire Sheet Public Entities Crime Rid Bond Performance Bond Disclosure of Relationships 2 of E11 40 40 PART .A INFORMATION TO BIDDERS Specifications For: Vegetation and Woad Waste processing and Recycling Service Bid Number: Pre-bid Meeting Date - Pre -bid Meeting Location: Bid Opening Date: Place of Bid Opening: Mailing Address: 2053 Wednesday ,lune 21, 2000 at 9:00 A.M. Indian River County Landfill 1325 70' Avenue 5W Vero Beach, FL 32968 July 12, 2000 at 2:00 P 1L Indian River County Purchasing {Mice 2625 19'x' Avenue Vero reach, FL 32960 2625 I9"' Avenue Vero Beach, FL 32960 Request For Additional Information Regarding This Proposal Should Be Directed to: GENE RAL TERMS AND CONDITIONS Fran Boynton Powell, Purchasing Manager 2625 19'" Avenue Vero Beach, FL 32960 Phone (561) 567-8000 Ext. 4I6 Fax: (561)770-5140 [IN TECHNICAL SPECIFICATIONS a SCOPE OF WORK Ronald R. Brooks, Manager, Indian River County Solid Waste Disposal District 1325 74't Avenue SW Vera Beach, FL 32968 Phone: (561) 770-5113 Fax: (561) 770-5296 3 of 40 f 40 1.8 All bids and/or proposals shall be enclosed with a sealed enveiope and clearly marked on the face of the envelope, "VEGETATIVE AND WOOD WASTE PROCESSING AND RECYCLING BID #2053". 2.0 QUALIFICATIONS OR BIDDERS 2.1 Bids and/or proposals will be considered only from firms normally engaged in providing and performing services specified herein. Bidders must have adequate organization, facilities, equipment and personnel to insure prompt and efficient service to the County, and shall have all necessary licenses and permits required by law to do business in Indian River County and the 5taite of Florida. 2.2 The County reserves the right before recommending any award to inspect the Bidder's facilities and organization or to take any other action necessary to determine ability to perform in accordance ,vith the Scope of Services, Terms and Conditions and Specifications. ".3 The County will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject bids where evidence submitted or investigation and evaluation indicates inability of the bidder to perform. 3.0 PERSONAL INVESTIGATION 3.1 Before submitting his bid and/or proposal, it shall be the bidder's responsibility to familiarize himself with the nature and extent of the services described herein and any local conditions, that may in any way affect the proposed work to be done and the cost thereof. He shall also thoroughly examine specifications and other related documents to inform himself regarding any and all conditions and requirements that may in any manner affect the service to be performed under this proposal. 32 Submission of the proposal and/or bid by a bidder shall be conclusive evidence the bidder has complied with the requirements of 3.1 herein. 4,0 LAWS, PERMITS AND REGULATIONS 4 1 Successful bidder shall obtain and pay of all licenses, permits and inspection fees required for this service and/or work. 4.2 Successful bidder shall comply with all laws, ordinances. regulations and building code requirements applicable to the work and/or service contemplated herein. The successful bidder is presumed to be familiar with all state and local laws, ordinances, code rules and regulations that may in any way affect the work. Ignorance on the pan of the bidder will in no way relieve him from responsibility. 5,0 TERMS OF CONTRACT 5. 1 Contract shall be for a three-year period. No option to renew is offered. of 40 5.2 The contract may be ad'ousted yearly based on the Consumer Price Index (CPI) by a maximum of 3%. A request for the price adjustment must be submitted within 90 -days prior to the end of each yearly contract period. Failure to do so will be considered a waiver of the allowed increase. 5.3 A contract as a result of this solicitation shall be deemed etTective only to the extent of appropriations available to the County agency at any' time during the contract period. 6.0 t4IETHOD OF AWARD 6.1 Among the factors to be considered in the award of this bid andfor proposal are the following; 6.2 TECHNICAL QUALIFICATIONS: Qualifications relating to the professional personnel to be assigned to this work, including educational or technical background and prior experience in related operations. Bidder must provide resumes on all supervisory and management staff, 6.3 �UTANAG1 IMENT PLAN: The operational plan proposed for meeting the requirements and specifications. Bidder shall provide an Operation/Management plan outlining how bidder will handle and process materials. This shall include methods of coordinating and administering the total project effort, space needs, processing operations, and end market of product. 6.4 COMPANY QUALIFICATIONS. Adequacy of facilities and staff, performance record, ability to fulfill services required in a timely basis, and the emphasis which company management would place on this effort. Qualifications will include an evaluation of staffing, equipment. to include age and manufacture of equipment, transportation responsibilities, and marketing capabilities. 6.5 COST: Cost for the services to be provided. 7,o WARRANTY 7.I In addition to any warranty implied by law or fact and any other express warranties, successful bidder expressly warrants workmanship and materials, to conform strictly to applicable specifications and to be fit and sufficient for the purpose intended. All warranties shall survive inspection, test, acceptance of and payment by Indian River County. 8.0 RESPONSIBLE AGENT 8.1 Bidder shall designate a responsible agent and alternate as necessary, for all dealings, communications. or notices or contracts between the County and the successful bidder. Any notice or communication to or from the responsible agent shall be deemed to be a communication to the successful bidder. of Responsible Agent! Name Richard Schroeder, vice President Address Biomass Processing Technology, Inc. 4035 NW 43rd St., Gainesville FL 32606 Telephone No. 352--367-1235 -\lternate Responsible Agent: Name Larry Denney, President Address Biomass Processing Technology, Inc. 6877 Vista Parkway North, West Palm beach, FL 33411 Telephone No. 561-712-1787 92 The manager, Solid Waste Disposal District is designated Responsible .Agent for the County: Ronald R. Brooks. Manager Solid Waste Disposal District 1325 74d' Avenue SW Vero Beach, FL 32968 Telephone No. 561-770.5113 — Fax No. 561-770-5296 9.0 INDEMNIFICATION 9.1 The successful bidder shall indemnify and hold harmless the County from all suits, actions, or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said successful bidder or by or in consequences of any neglect in safeguarding the work through the use of unacceptable materials or workmanship or by or on account of any activity or omission, neglect or misconduct of the successful bidder or a subcontractor or by or on account of any claims or amounts recovered from any infringement of patent, trademark. or copyright or from any claims or amounts arising or recovered under the -Worker's Compensation Law" or any other law. bylaws, ordinance, order or decree. 9.2 The successful bidder shall pay all costs and expenses that may be incurred by the County (1) in enforcing compliance oy the successful bidder with the provisions of this contract, or (2) in defending any proceeding or suit brought against this County for any violation by the successful bidder of any law or ordinance, or (3) in defending any action or suit for which indemnification is required herinunder. If the County shall be, or be made a party to any litigation with respect to any matter arising out of, or related to, this contract as to which the successful bidder is at fault or responsible, the successful bidder shall pay all judgements. decrees and costs, including reasonable attorney's fees, incurred by or imposed upon the County in connection therewith. 10.0 BOND REQUIREMENTS Bond requirements, ifany, are detailed in the PART B (Special Provisions). s! PART 6 SPECIAL PROVISIONS 1. DEFINITION OF TERMS Where the following terms or their pronouns occur herein„ the intent and meaning shall be as follows: County: Board of Commissioners, Indian River County Solid Waste Disposal District, Florida or its authorized representative. Bidder: Any person, firm or corporation submitting a proposal for the services contemplated herein. or a duly authorized representative. Contractors The person. firm, or corporation with whom the County has executed a contract with for the performance of the t%'ork contemplated herein. or it's duly authorized representative. Specifications: The directions, provisions, and requirements contained herein, together with all written agreements made setting out or relating to the method and manner of perforating the requested service, the quality of material and personnel to be furnished under this contract. All applicable laws of the State of Florida, the Federal Government and Rules and Regulations of Indian River County are hereby adopted and made a part hereof as specifications. Contract: The proposal submitted by which, if approved by the County, along with all documents identified herein, constitutes the entire bid package and shall be basis to negotiate a contract between the County and the Contractor. Bids: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. Bonds: Bid. performance and payment bonds and other instruments of security, Responsible Agent. The duly authorized representative of the Board of Commissioner, Solid Waste Disposal District during the contract period. 2. CONTRACTOR'S LIABILITY INSURANCE R.EQU IREMENTS 2.1 Workers' Compensati¢rr r to meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include Employers Liability with a limit of $100,000 for each accident. $500,000 disease (policy limit), and 100,000 disease (each employee). 8 of 40 40 • _.2 ommercialenerai Lia it v -- coverage shall provide minimum limits or' liability of $1,000.000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for, a. PremtsesrOperations b ProductsiCompleted Operations C. Contractual Liability d. Independent Contractors e. Personal Injury 1.1 Business -Auto Liabilitv — coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined. Single Limit for Bodily Injury and property Damage. This shall include coverage for: a. Owned/Leased Autos b. Hired Autos c. Non -owned Autos 1.2 Secial Requirement a. On submittal of a signed contract for any work under bid a certificate of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for the following: 1. Indian River County will be named as an "Additional Insured" on both the General Liability and Auto Liability policies. Copies of an endorsement naming the County as additional insured must accompany the Certificate of Insurance. 2. Indian River County shall be given thirty (30) days notice prior to the cancellation or modification ofany stipulated insurance. Such notice will be in writing by registered mail, return receipt requested and addressed to the Risk Manager. b, An appropriate "Lad emnification" clause shall be made a provision of the contract. c It is the responsibility of the contractor to insure that all subcontractors comply with all insurance requirements, d. It should be remembered that these are minimum requirements which are subject to modification in response to high hazard operations. The contractor shall provide adequate coverage for the protection of employees engaged in any hazardous work. 2.5 Failure to provide and maintain the level of insurance provided herein will be deemed as a cause for termination of this agreement. 9 •• • 4W i 3.0 MODIFICATIONS 3.1 This agreement and executed contracts associated hereto, constitute the entire agreement. and understanding between the parties hereto. and it shall not be considered modified, altered. changed or amended in any respect unless in writing and signed by the parties hereto. 3.2 If any provisions of this agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in hall force and effect. 3.3 The County will not be bound under this agreement for similar or like services being provided by County agencies or for services entered into by the County under a separate agreement. 4,0 CONTRACTOR'S PERSONNEL 4 1 All employees of the contractor shall be considered to be at all times the sole employees of the contractor and not an employee or agent of Indian River County. information regarding employee's experience and qualifications shall also be furnished. The principals of any corporation or the contractor may be subject to a background investigation. 42 The Responsible Agent or his representative may submit a written report to the Contractor enumerating problem areas encountered. The Contractor will provide written documentation of action to be taken to resolve problems. 4.3 The Contractor shall be required to pay his employees the federal minimum wage. It shall be the privilege of the. County to inspect payroll records of the contractor as may be deemed necessary to determine that the contractor is complying with the federai wage and hour law. 5.0 TERMINATION BY THE COUNTY 5.1 The County reserves the right to terminate the contract and/or purchase order at any time, with or without cause, upon one hundred eighty (130) days advance written notice to the contractor. 5.2 If the Contractor is adjudged bankrupt, either voluntary or involuntary, the County may terminate the contract and/or purchase order effective on the day and time the bankruptcy petition is filed and may proceed to provide service as previously outlined. 6.0 ROOKS AND RECORDS 6.1 The Contractor shall keep records of services performed and the costs therefore, and the County shall have the right to review those records upon three (3) days written notice. These records shall become the property ofthe County upon termination of this contract.. to 46 40 r CI ,,0 ACCIDENT PRE\'ENTION/SOIL CONTAMINATION PREVENTION 7.1 Precaution shall be exercised at all times for the protection of employees other persons and property. 7.2 Contractor's employees shall report to their superintendent any hazardous conditions or item in need of repair noted during the performance of work. Said superintendent shall thereupon notify the Responsible Agent or his designee of such conditions. 7.3 Contractor shall at all times operate its equipment in a manner to preclude any spill of fuel or lubricants. In the event a spill does occur, Contractor shall stabilize and remove all spillage and shall restore the impacted area to its original condition. 8.0 ASSIGNMENT AND SUBLETTING 8.1 No assianment of the contract or anv right occurrine under this contract shall be made in whole or in pan by the contractor without the express written consent of the County. In the event of any assignment. the assignee shall assume the liability of the contractor' however, the County reserves the right to hold the contractor liable in the event of a breach of the teens of this contract by the contractor or its assignee. In the event the contractor assigns this agreement and the County accepts the assignee, the assignee will be subject to all terms and conditions of this agreement. 9.0 PAYMENT 9.1 Payment shall be made to the contractor on a monthly basis in arrears for services rendered by said month as invoiced. NO ADVANCE PAYMENT OF ANY VIND SHALT. BE MADE BY THE COUNTY 10.0 BONDS 10.t Bid Security: Each bid must be accompanied by a cashier's check, certified check or bid bond in the form attached to these specifications payable to FiVDIA.N RIVER COUNTY in the amount of five percent ( 5%) of the bid submitted. Bid security will be forfeited if the successful bidder fails to execute a contract with the County substantially within fifteen (15) days after notification of award of the contract. The OWNER shall within ten (10) days after the opening of the bids. return the bid securities of all bidders except those posted by the three lowest responsive bidders, whose bid securities will be returned upon the final award and execution of the contract between the successful bidder and the OWNER, and after proof of insurance and/or a Performance Bond as specified herein has been received by OWNER, 10,2 Requirements its to Surety The surety or Sureties shall be a company or companies satisfactory to the County. Any surety shall be required to have a resident agent to the State of Florida and shall be duly licensed to conduct business therein. The requirement of Florida resident agent may be waived by the County if evidence satisfactory to tate County is provided that applicable requirements have been met to permit service of process on a Stag official under State law. of • 40 11.0 PERFORMANCE BOND IIA i The successful bidder shall, at no charge to the County furnish a performance bond in the amount of thirty percent (3011/4) of the annual service agreement amount. and approved by the Risk Manager of Indian [Liver County. Said performance bond shall be maintained valid for one hundred and twenty (120) days past the expiration date of the contract entered into with the successful bidder. The bond is security for the faithful performance of the contract and the cleanup of the work site on completion of the contract. 12.0 QUALIFICATIONS OF BIDDERS 12.1 Bids will be considered only from firms that have been engaged in providing Vegetation and Food Waste Processing and Recycling Service similar to the services specified herein and who are presently engaged in providing these services. Bidders will be required to demonstrate proof of experience in the management and administration of an organization of the magnitude required for the performance of this contract, 12.2 Indian River County reserves the right, before recommending any award. to inspect the facilities and organization or to take any other action necessary to determine ability to perform in accordance with the contract documents, including the financial ability, organizational ability„ experience, record and equipment. 12.3 Indian River County will determine whether the evidence of ability to perform is satisfactory and will make awards only when such evidence is deemed satisfactory, and reserves the right to reject bids where evidence submitted, on investigation and evaluation, is determined by the County to indicate inability ofthe bidder to perform. 13.0 PRL - BID CONFERENCE 13.1 A recommended pre-bid conference will be held at the Indian River County Landfill, 1325 74"' Avenue SW, Vero Beach, Florida at 9,00 A. I. vn .tune 21. 2000, The purpose of this conference is to allow the County the opportunity to provide clarification and respond to questions from potential bidders relative to any facet of this Invitation to Bid, Bidders will also be allowed to inspect the landfill site and the material characteristics exiting and being received. 13.2 To provide the County sufficient time to adequately prepare responses to vendor inquiries at the pre-bid conference, it is desirable that all questions be submitted in writing directly to Indian River County, Solid Waste Disposal 'District, Manager, 1325 74" Avenue SW, Vero Beach FL 32968 no later than JUne19. 2000. Responses to all questions will be provided to each participant and discussed at the pre-bid conference. 13.3 Glue to the importance of the bidders having a clear understanding of the specifications/scope of work and requirements for this solicitation, attendance at this conference is strongly encouraged to all vendors submitting a proposal. 12 40 ft a 13.0 VARIANCES AND EXCEPTIONS 14.1 Bidder i��lust state in detail any variances or e,tceptions to specifications. terms, and conditions of this Invitation to Bid. If variances or exceptions are noted elsewhere and/or attached, then you Mug make reference to that fact in a note on the provided Invitation to RW form. FAYLURE TO DO SO COULD RESULT IN THE REJECTION OF YOUR BID PROPOSAL. 13 of PART C SCOPE OF SERVICES 1.00 GENERAL REQUIREMENTS ................................ 2.00 PROJECT CONDITIONS ..................................... 3.00 PROCESSING SERVICES .................................... 4.00 MARKETING SERVICES ..................................... 5.00 SCHEDULING OF WORK ...................................... 6.00 PAYMENT FOR SERVICES .................................. 14 of v D a 1.0 GENERAL REQUIREMENTS 1,10 The Contractor shall ha.e proven experience with wood reduction/recycling methods to process and market materials received by SWDID at their solid %vaste facility A. The Contractor shall provide process services including equipment and manpower to receive. stage and subsequently reduce wood materials. yard trash, land clearing debris and other woody materials into reusable product. B. The Contractor shall provide marketing services including equipment, manpower and transportation of finished products (s) for reuse. Contractor shall include 100% product marketing in bid price. 1.20 Tire Contractor shall use state approved technologies for processing of vegetation and wood materials; and marketing of end product (s), The !;'VDD preferred market for product is recycling, but will allow other resource recovery methods such as fuel recovery where cost effective. 2.0 PROJECT CONDITIONS 2.1.0 Materi;tls: The materials to be processed include, but are not limited to, vegetative materials and wood waste delivered to the Solid Waste facility. Vegetative and woody materials are received at the landfill as a separate waste type and are substantially comprised of lawn clippings, wood chips, shrubbery and tree trimmings, branches, limbs, palm fronds, logs, and stumps. Clean wood such as planks, plywood, citrus crates and pallets are also received. 2.2€1 Unprocessible IvInterinls: Vegetative and woody materials may contain minor amounts of debris outer than vegetative waste and clean wood. such as rock, metal, or other items which may be damaging or harmful to wood grinding or processing equipment. Although the SWDD will inspect incoming loads and provide general separation activities. the Contractor is responsible for any and all damage resuking to Contractor's equipment resulting from the introduction of any materials into Contractor's equipment. 2.30 Materials Quantities: The SW`DD received approximately 60,000 tons of yard waste and Land clearing debris, and 1500 tons of pallets and crates at the Indian River County landfill in FIY 1998-99 that required processing and marketing. This tonnage figure is an estimate only. No guarantee as to future volumes of material to be handled under contract is stated or implied. In addition to the estimated incoming waste there may be an undetermined amount of stock piled material in place prior to the Contractor beginning operations 2.40 County Responsibilities: The County will visually inspect all incoming loads orwood and vegetative materials to ensure that the material is substantially free of contamination. The SWDD will direct the incoming material to Contractor's receiving area. 13 *• v D 2.50 Processing ;area, The regular processing area is located within the Indian 'River County Solid Waste Facility located at 1:25 74°i Avenue SW, Vero Beach. FL. The SWDD reserves the right to change the process area from time -to -time provided adequate space and safety requirements can be maintained. The processing area will be restricted to a twenty acre site within which the Contractor will be required to operate. 2,60 Specification Changes: The SWDD reserves the right to renegotiate agreement terms and conditions. with the selected contractor, if in the future the technical specification requirements are changed due to the needs and best interest of the SWDD. 3.0 PROCESSING SERVICES 3.10 The Contractor shall process the vegetative and wood waste into a marketable product and provide the transportation of the material off-site to its market destination. Contractor will process the material to the specifications of the end market. The SWDD will periodically inspect the processing area and the finished product to verify an acceptable product. Samples of the material will be collected by the SWDD at the SWDD's discretion. The Contractor is required to keep his equipment in proper repair in order to maintain continuous and efficient operations. The County reserves the right to halt production if the processed material does not meet specifications of the end market. 3.20 The Contractor is required to provide all equipment and manpower necessary to process the vegetative and wood waste and handle both unprocessed and processed material. This includes: A. Processing equipment with a minimum average processing rate of 30-40 tons per hour. B. Staff and equipment sufficient to receive. maintain, sort, move. and stockpile end product and unprocessed material in process area. C. Transport equipment sufficient to transport processed material from the landfill to its end market. D. Support equipment including spare parts, tools. chain saws, etc. to ensure all materials are Processed in a timely manner. E. Optional screening equipment provided by the Contractor can separate fines and non - woody materials from processed materials. This devise can be used to recover products for reuse. Specifically the screening devise should include at a minimum.. 1. A magnetic devise (permanent head pulley magnet, electromagnet. etc.) to allow for magnetic steel nails and, 11M of A separator devise ttrommel, screen. shaker, etc.a to separate muicn from earth materials and tines. F. The Contractor shall separate and debag plastic bagged materials from homeowner yard trash. At the Contractor's riskloption. plastic baps may be processed and marketed with the vegetative and wood waste providing it does not affect the marketing of the processed material. 3,30 The Contractor is responsible for all repair and maintenance of Contractor's equipment 3.40 The Contractor shall operate its equipment in a manner to preclude nuisances and groundwater contamination, and minimize contamination of unprocessed and processed material. 3.50 Stockpiles of product shall be separated by the Contractor and placed in an area adjacent to the processing area. Unprocessible materials such as plastic bags from grass and clippings, rock, metal. brick;. and other non -woody materials shall also be separated by the Contractor in an area adjacent to the processing area designated by the SNVDD. Contractor will be responsible for transporting contaminants to designated areas in the landfill for disposal. 3.60 All work shall be performed during regular landfill operational hours and in no case shall work be allowed on approved holidays. Regular operating hours are from TOO a.m. till 5:00 p.m., seven days a week. The SWDD reserves the right to adjust, change, or amend its hour's of operation. The Contractor shall not be allowed to operate outside of a regular operational hours without express written approval from the SWDD. Access to the facility before or after normal operating hours shall be arranged with the SWDD Manager. 3.70 Contractor shall provide an experienced supervisor, knowledgeable in standard operating, maintenance, and coordination or the processing operation at all times. The supervisor shall be a competent English speaking person who. in the Contractor's absence, shall be fully authorized as the Contractor's anent. 3.84 Contractor shall comply with all applicable Permit and Local. State and Federal health, safety and environmental requirements. Material stockpiles must comply the requirements of the local Fire Department. 3.90 Contractor is to provide Office, Telephone, Water and Portable 'Sanitary Facilities as needed for use by the Contractor's personnel. 4.0 NIARtKETING SERVICES 4.10 Tite Contractor shall include in its bid price marketing of 100% of product. For the purposes of this bid, market means that the product(s) from the reduction process shall be sold and transported for reuse by the Contractor. Contractor may provide at no expense to the SWDD, unusable tines left from the processing operation that the SWDD can use for cover 17 of material. -II lines the Contractor elects to provide the SWDD's For its 0i%n use shall be separated and stockpiled for the S\\' -DD's approval and acceptance. 4.20 The Contractor is required to provide all equipment, manpower and services necessary to market product This includes. A. Coordinating the sale of product to one or more third parties for reuse (mulch. compost, fuel. etc.}. Reuse of product shall be in an approved method by the state. B. Contractor is responsible for loading and transporting product From stockpile area to market Contractor shall utilize landfill scales for determining weight of product. C. Materials accepted by Contractor for processing shall become property of Contractor. 4.30 The Contractor shall provide the S%kDD a summary of products marketed by Contractor including quantity, destination, receiving destination contact and reuse method of product. The quantity values must be actual weights and volumes based on material crossing the landfill scale. 5.0 SCHEDULING WORK 5.10 The Contractor shall perform receiving and processing services on a continuous basis at a mutually agreed upon time between the Contractor and the Contract Administrator, who shall be the Manager of the Solid Waste Disposal District. For purposes of drying Contractor may allow raw material to stockpile in preparation for processing, however, at no time is the stockpiled volume to exceed 3500 tons. Irt the event that there is less than 2,000 tons or 13,333 cubic yards in the unprocessed stockpile, Contractor has the option to remove or not have available, equipment necessary for processing until such time that 3,000 tons or 13,333 cubic yards are in the unprocessed stockpile. or at a time avreed upon between the Contractor and the Contract Administrator. 5.20 The Contractor may perform additional remote services or additional work as agreed between SWDD and Contractor and within thirty (30) days written notice by the SWDD to the Contractor. 5.30 The Contractor shall keep processing equipment on site and maintain processing operation until all material in the unprocessed stockpile at the time of arrival on site is processed. 5.40 Contractor shall market materials in a timely manner. Products designated for marketing shall be removed during -reduction process and the stockpile of processed materials shall not exceed 3500 tons per month. However, all products designated for Contractor marketing shall be removed from process area within thirty (30) days of processing. l8 a0 5.50 Contractor NAI return processing equipment "ithin thirty ( 30) calendar days atter the previous arrival date This is to insure that no more than thirty t301 days inventory 13500 tons) will exist in the unprocessed stockpile. 5.60 The existing material that is stockpiled on-site must be processed and removed within ninety (90) days while simultaneously processing the incoming wastestream. 5,70 In the event of natural disaster, Contractor may provide Additional Services — Emergency Processing, to the County within fifteen (15) days at the Additional Services Rate in the SCHEDULE OF PRICES. 6.0 PAYMENT FOR SERVICES 6.10 The rates for vegetation and stood processingrrecycling service shall be established using ¢he unit prices listed in the "SCHEDULE OF PRICES" Where accurate scale or volume data is not available. the Contractor shall provide weights utilizing scales on the discharge point of the processing equipment. The primary source of weight/volume for establishing amounts of material processed will be based on the actual scaled weight of material leaving the landfill for market. 6.20 In case of Natural Disaster, Contractor may provide additional services to the County within fifteen (15) days at a rate not to exceed 5°'o of the annual flow unit price per ton rate established in the "SCHEDULE OF PRICES". 6.30 Mobilization charges shall be included in tasks -SCHEDULE OF PRICES". 6.40 Either party may request that the Contract price be adjusted due to unforeseen operational costs" regulatory rule change or other substantial economic effects beyond the control of either party. Ir the parties cannot agree to an equitable adjustment. then the Contract may be terminated by either party with proper one hundred and eighty (130) day written notice. 6.50 Invoice for services rendered pursuant to this contract shall be submitted on a monthly basis, or at the conclusion of specific additional tasks. The invoices shall list each transaction and net amount of material crossing the scales during the month for which payment is requested. ATTENTION: RONALD R. BROOKS, MANAGER Solid Waste Disposal District Indian River Countv 1325 74x' Avenue SW Vero Beach, FL 32968 N 40 Payment requests shall contain at a minimum, vendor identification. invoice number. description of services rendered, dates services provided and approved billing documentation. in addition, a market summary shall be provided with the bill. 6.60 The Contractor shall be responsible Cor maintaining accurate records For billable services. Undocumented payment requests shall not be paid by the County an' shall be borne by the Contractor at its expense. :U PART D FORMS INVITATION TO BID QUESTIONNAIRE SHEET PUBLIC ENTITIES CRIME PERFORMANCE BOND DISCLOSURE OF RELATIONSHIP 21 as INDIAN RIVER COUNTY PURCHASING DIVISION INVITATION TO BID SCHEDULE OF PRICES SPECIFICATION FOR: VEGETATIVE AND WOOD WASTE PROCESSING AND RECYCLING BID NUMBER 2053 BID OPENING July 12, 2000 TIME 7;00 P.M. LOCATION INDIAN RIVER COUNTY PURCHASING DIVISION 2625 19TH AVENUE VERO BEACH, FL 32960 In accordance with all terms, conditions, specifications and requirement, the bidder offers the following: Unit Price Vegetation & Out Going Estimated Annual Volume: Wood Waste Per To Cost First Year Annual Flow 60,000 tons S 17.17 $ 1,030,200.00 TOTAL BID FOR LANDFILL $ 1,030,200.00 Unit Price Per Ton 2. Off -Site Processing S 17.17 The undersigned hereby certifies that they ltnve read and understand the contents of this solicitation and agree to furnish at the prices show it any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read ali the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Biomass Processing Authorized Signature: l Company Name: Technology, Inc. Typed/Printed Name: Richard Schroeder Date: 7%12/2000 Title: Vice President Operations 352-367-1235 Telephone Number: 22 of 40 i i QL1ESTl[3` NA1[E SHEET Bidder is to provide the following infornimion. li'additional information is submitted. it should be inciuded as a separate attachment. Firm Name Preside:WCEO Business Address Telephone Biomass Processina 'Technoloav, Inc. Larry Denney 5877 Vista Parkway North West Palm Beach, FI, 33411 561-112-1181 PRIOR PERFORMANCE: 1. Please name three (3) governmental references for which you have performed equivalent work and Which the County may contact (include addresses and telephone numbers): County or Municipality: see Attachment A Table one. Address: Contact blame: Telephone Humber: Material Processed: Number of Tons Processed per Year for this Firm: County or Municipality: see Attachment A Table One. Address: Contact Name: Telephone Number: Material Processed: ,lumber of Tons Processed per Year for this Firm County or Municipality-_ see Attachment A Table One. Address: Contact Mame. Telephone Number: Material Processed: Number of Tons Processed per Year for this Firm: ? State number of years of experience as a contract provider for each reference s 23 of 40 4D 0 3 How many wears has your organization been in ;lie business of nrocessinu ana marketing. vegetative and woad waste Fitt- wears, see attached 4 Have you ever failed to complete work awwarded to you. if so. w%iiere and why" 1. STAFFING LEVEL:. 1. Number of staff on-site for staging. 2-- see Attachment B. 2. Number of staff for processing.20, processing off-site. See Attachment B. 3 Transporting: 2-3. See Attachment B. - 4 Marketing. Company has internal use for all material. See Attach. B. 2. EQUIPMENT TO BE USED FOR STAGING. PROCESSING. SCREENING AND TRANSPORTING: Equipment Type Front end Wheel Loadprr No. To Be Used___j__ Equipment Nlodel Caterpillar 950 or equivalent Equipment Manufacturer Caterpillar or o er Equipment Age New Equipment To Be Used For Loading Trucks Handling or Processing Capacity 80 -Tons/Hour. Equipment Type `tandem Axle Road Tractors No. To Be Used 3-4 Equipment Model Various Equipment. Manufacturer Various Equipment Age Will vary. Equipment To Be Used For _ q"ranennrri nrg matPri a 1 rienter Handling or Processing Capacn%NIA Tons/Hour. Equipment Type 100-130 CY Open Top Trailet,,t,. TO Be Used 3-•4 Equipment Model Various Equipment Manufacturer Peerless, Crescent, Monom et, Al. Equipment Age r%Qw--_ 5 years old. Equipment To Be Used For ' Transporting material Handling Or Processing Capacity N7A Tons/Hour. 24 of 3. END [MARKETING! :`dame of lend Market Companv Biomass Processing Technology Do you have a contract in-place with end market`' yes Tonnage the end market has agreed to accept from ContractoriBidder Tons/Year Tonnaue ConiractoriBidder is already providing Contractor is the end market; Location Address see Attachment B. Business Address Type of Business Contact Telephone Explain what the Processed Material will be used for (Mulch, Compost, Fuel, etc.) Material will be mixed with other organic materials and converted to animal feed, Feed ingredients—a—nT-67her products. See XtEacHment 13. 25 60 EXHIBIT :% 1, ISUR _NCE REQUIREMENTS 10 IIiSURANCE 1.1 Owners and Subcontractors Insurance: The contractor shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved by the OWNER. nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the contractor's insurance. 1.2 Compensation Insurance: The contractor shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. in case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute. the contractor shall provide adequate coverage for the protection of such employees. 1.3 Public Liability insurance: The contractor shall procure and shall maintain broaa Form comprehensive general liability insurance (including contractual coverage) and comprehensive automobile liability insurance in amounts not less than shown below The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General (public) $1,000,000 Combined single Liability (other than automobile limit for bodily injury and property damage A) Premises/Operations B) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual Liability I=) 'Explosion, collapse and underground property damage Business Automobile 51,000.000 per occurrence A) OWNER/Leased Automobiles B) Non -Owned Automobiles C) fired Automobiles 1.7.4 Proof of Carriage of Insurance: The contractor shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER For the insurance required. Such certificate or an endorsement provided by the contractor must state that the OWNER will be given thirty (30) days written notice prior to cancellation or material chance in coverage. Copies Oran endorsement naming OWNER as Additional Name insured must accompany the Certificate of Insurance. 26 s• $1VOR,N STATEMENT UNDER SECTION IU_.U'8. INDLAN RIVER COUNTY CODE, ON DISCLOSURE OF RELAT10NSIRPS THIS FORM MUST BE SIONED IN THE PRESENCE OF A NOTARY PUBLIC OR OTRER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Rid, No. 2053 for Vegetative and Wood Waste Processing and Recycling. ?. This sworn statement is submitted by: Biomass Processing Techn ology, Inc. (Name of entity submitting Statement) whose business address is: 6877 Vista Parkway, North, West Palm Reach, FL 33411 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0638890 (If the entity has net FEIN, include the Social Security Number of the individual signing this sworn statement 3. My name is RichArd Schroeder tPlease print name of individual signing) and my relationship to the entity named above is vice President operations 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The tenet "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity, 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: 27 Father, mother, son, daughter. brother, sister. uncle, aunt, first cousin. nephew, niece, husband. wife, father-in-law, another -in-law. daughter- in-law, son-in-law, brother-in-law. sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother. stepsister, half brother. half sister, grandparent, or grandchild. 6. Based on information and belief. the statement which i have marked below is true in relation to the entity submitting this•sworn statement. [Please indicate which statement applies.] x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.03, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, exectinves, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee (signature) ZZI (date) STATE OF 6%JG COUNTY OF 1 kaC,�V 28 •• The foregoing instrument was acknowledi7ed before me this �-rn.iay of tJll , 112 , by X Z� Yho is personally known to me or who has produced V -(.PL. S(d, , 75.3—yq-M-D as identification. 29 NOTARY PUBLIC SIGN: PRINT: S, �h O x State or Florida at Large My Commissoner Cxpirm l,jo711000. i5eal) q1'L1ENSKNt)7C6 OV Exp. 0ari7nQQk d,d9tl�Na l'+3AV� of 4111111111 i UNDER 287.133(3)(n),FLORIDA STATU OSTATEN S ON PUBL.ICTIOENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS :. This sworn statement Is su❑msttea wilh Proposal No. 2053 Vegetative and Wood Waste Processing and Recycling. 2. This sworn statement is submitted by Biomass Processing Technology, Inc. whose business address Is Cid t' r sta Parkway, Nor , Wwest Palm BeacNAil,33411 applicable) its Federal identification No.(FEIN) is 65r b If entity has no FEIN.include the Social Security Number of the individual signing this sworn statement: 3. My name isR_ _Richard__ Schroeder_ _ _ and my relationship to the entity named above is yJ rp. PregiS ent 4. 1 understand that a"public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes. means a violation of any stale or federal law by a person with respect to, and directly related to. the transaction of business with any public entity or with an agency or political subdivision of any other slate or with the United States. including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other slate or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentations. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt• in any federal or state anal court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict. non -jury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(I)(a), Florida Slatules, means a. A predecessor or successor of a person convicted of a public entity came; or b. An entity under the control of any natural person who is active in the management of the entity and who has ❑een convicted of a public entity crime, the term "affiliate" includes those officers, directors, executives, partners, shareholders. employees. members and agents who are active in the management of an affiliate. the Ownership by one person of shares consiituling a controlling interest in another person. or a pooling of equipment or income among persons when not for fair markei value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who Knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(I)(c), Florida Statutes, means any natural person 4r entity organized under the laws of any state of the United States with the ;egal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The terra "person" includes those officers, directors. executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate wnich statement applies) 30 #0 rf♦ i _.Neither the entity submitting this sworn statement, nor any officers. directors. executives. partners. snareholders. employees, members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime suosequent to July I, 1969. The entity submitting this sworn statement. or one or more of the officers. directors. executives, partners, shareholders, employees. members or agents who are active in management of the entity, or an affiliate of the entity has been cnargeo with. ano conv ctea of. a public entay came suoseaueni to July I, 1989. ano (Please Indicate which additional statement appiesl There has been a proceeding concerning the conviction before a nearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendorlist.(Please attach a copy of the final order) The person or affiliate was placed on the convicted vendor Gist. There has been a subsequent proceeding before a nearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the nearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final oroer) Tile person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by, or riding with, a Depa gent of General Services} Signature: ate 7/10/2000 STATE. OF (61r; q County OF Personally appeared before me, the undersigned authority , Riolid2 tJ ��_!LILo�`? o after First being sworn by me, affixed his/her signature in the space provided above on this -! i „day of l UkI,, 2000, kao'a' S' " . Notary Public, State at large rj My Commission Expires: t0bn 12- zwo A�o�. •t AILEEM S KNO]( corn" Esp, 1 010Y1�000 rrp�r�n Qonded tty GarMMA Yrw NQ CC8b763D Iw.wdh*ma. p FLWL 5(,3G --i53_99_ Na -d 31