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EXHIBIT 10.6
CONTRACT
THIS CONTRACT Executed this 31st day of October, 1997, by and between the
JACKSONVILLE ELECTRIC AUTHORITY, Jacksonville, Florida, hereinafter called the
OWNER, and WESTSTAR ENVIRONMENTAL, INC., hereinafter called the CONTRACTOR,
WITNESSETH:
WHEREAS, CONTRACTOR was the lowest and best responsible bidder for
biosolids hauling services for the City of Jacksonville ("City") for the initial
term January 1, 1997 through September 30, 1997, with up to four (4) annual
renewals at the discretion of the City (the "Contract"); and
WHEREAS, during said initial year, CONTRACTOR performed said biosolids
hauling services in accordance with specifications hereinafter referred to at a
price not to exceed $0.01157/gallon; and
WHEREAS, on June 1, 1997, the City transferred ownership and operation of
its water and wastewater utility to OWNER, at the same time the City transferred
and assigned all contracts related to said utility, including said Contract to
OWNER; and
WHEREAS, the OWNER and the CONTRACTOR have agreed to exercise the first of
the four (4) annual renewals and CONTRACTOR shall perform said biosolids hauling
services, pursuant to specifications, for compensation not to exceed
$0.01184/gallon, all other prices remaining unchanged; and
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WHEREAS, pursuant to said renewal the OWNER's maximum indebtedness, for
the first annual renewal period from October 1, 1997 through September 30, 1998
shall be a total amount not to exceed $825,000.00; and
WHEREAS, said Contract should reflect contract assignment, the first
annual renewal, and incorporation of OWNER's contractual terms and conditions;
now, therefore
IN CONSIDERATION of the Contract and for the mutual promises herein
contained and for other good and valuable consideration the parties agree that:
1. The above stated recitals are true and correct and, by this reference,
are incorporated herein and made a part hereof.
2. The Contract between the City and the CONTRACTOR has been transferred
and assigned by the City to the OWNER and the OWNER shall replace the City in
said Contract. Wherever said Contract refers to the "City of Jacksonville" or
the "City," these terms shall mean the "Jacksonville Electric Authority" or
"JEA" as the text permits or dictates.
3. That CONTRACTOR is the lowest and best responsible bidder for biosolids
hauling services for Jacksonville Electric Authority for period October 1, 1997
through September 30, 1998 in accordance with plans and specifications
hereinafter referred to, and has been awarded the contract for said work
pursuant to award made September 11, 1997.
4. The CONTRACTOR will, at its own cost and expense, do the work required
to be done and furnish the materials required to be furnished on said work in
accordance with plans and specifications previously approved by the City of
Jacksonville, numbered CS-0010-97, with bid opening date of October 30, 1996,
designated as "City of Jacksonville, Florida, Department of Public Utilities,
Biosolids Hauling" and strictly in accordance with the advertisement calling for
bids, plans, specifications, blueprints, requirements of the said City
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of Jacksonville and the Jacksonville Electric Authority in JEA Invitation For
Bids No. WSC-361-97, proposal of the said CONTRACTOR, and award therefor, now on
file in the office of the Director of Procurement of the Jacksonville Electric
Authority (hereinafter called "Contract Documents"), all of which are hereby
especially referred to and, by reference, made a part hereof to the same extent
as if fully set out herein, for the total sum not to exceed EIGHT HUNDRED
TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($825,000.00) at and for the prices and
on the terms contained in the CONTRACTOR's said proposal for the doing of said
work and the said award therefor, and the Contract Documents hereinabove
specifically referred to and made a part of this Contract. This Contract may be
renewed for up to three (3) additional one (1) year periods at OWNER's sole
discretion, upon mutually acceptable terms and conditions.
5. During the term of the Contract, OWNER and CONTRACTOR are encouraged to
identify ways to reduce the total life-cycle cost to OWNER of the supplies or
services provided by the CONTRACTOR. OWNER and CONTRACTOR may negotiate Contract
amendments that allow such reductions in total costs including, but not limited
to the sharing of savings resulting from implementation of cost-reducing
initiatives between OWNER and CONTRACTOR.
6. OWNER encourages CONTRACTOR to employ firms certified as Jacksonville
Electric Authority Minority Business Enterprise ("MBE") firms as subcontractors
to the maximum extent practical. During the term of the Contract, OWNER and
CONTRACTOR may negotiate Contract amendments that support and allow the
employment of such MBE firms by CONTRACTOR including, but not limited to changes
in the price to OWNER of the supplies or services supplied by CONTRACTOR.
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7. On the faithful performance of this contract by the CONTRACTOR, the
OWNER will pay the CONTRACTOR in accordance with the terms and on the conditions
stated in said proposal, award, plans and specifications, and the said Contract
Documents hereinabove specifically referred to and, by reference, made a part
hereof.
[The remainder of this page has been left blank intentionally.]
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IN WITNESS WHEREOF, the parties hereto have duly executed this contract,
in duplicate, the day and year first above written.
ATTEST: JACKSONVILLE ELECTRIC AUTHORITY
/s/ Xxxxxx X. Xxxxxxx By /s/ Xxxxxx X. Xxxxxxxx
------------------------------ ---------------------------
Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxxx
Its Administrative Assistant Managing Director
OWNER
WESTSTAR ENVIRONMENTAL, INC.
By /s/ Xxxxxxx X. Xxxxx
------------------------------ ---------------------------
Sign Name Sign Name
Xxxxxxx X. Xxxxx
------------------------------ ---------------------------
Print or Type Name Print or Type Name
Its Pres./CEO
------------------------------ ---------------------------
Title Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing
contract has been duly authorized, and provision has been made for the payment
of the monies provided therein to be paid.
/s/ Xxxx X. Xxxxxx
---------------------------
XXXX X. XXXXXX
Controller 4308
Jacksonville Electric Authority
Form Approved:
/s/ Xxxxx XxXxxxxx
------------------------------
Assistant General Counsel
6
AMENDMENT NUMBER 1
TO
CONTRACT NUMBER 4308
THIS AMENDMENT NUMBER 1, made and entered into this 5th day of June, 1998,
by and between the JACKSONVILLE ELECTRIC AUTHORITY, a body politic and corporate
in Jacksonville, Florida ("OWNER") and WESTSTAR ENVIRONMENTAL, INC., a
corporation authorized to do business in the State of Florida ("CONTRACTOR"),
WITNESSETH:
WHEREAS, on October 31, 1997, OWNER and CONTRACTOR entered into a contract
under which CONTRACTOR would provide biosolids hauling services and OWNER would
pay compensation in an amount not to exceed $825,000 (the "Contract"); and
WHEREAS, the term of said Contract was from October 1, 1997 through
September 30, 1998 and could be renewed for three (3) additional one (1) year
periods at OWNER's sole discretion; and
WHEREAS, said Contract should be amended to combine the three remaining
annual renewals into a single term of three years ending September 30, 2001, and
renewing the Contract accordingly; and
WHEREAS, said Contract should be further amended to adjust certain unit
prices per gallon as more specifically provided herein; and
WHEREAS, said Contract should be further amended so the OWNER's maximum
indebtedness for each of the three (3) years in the renewal term, shall not
exceed $1,250,000, subject to availability of lawfully appropriated funds; and
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WHEREAS, said Contract should be amended to provide that price increases
for subsequent fiscal years shall be negotiated and may be adjusted but the
maximum increases shall not exceed changes in the Consumer Price Index for the
prior calendar year; now therefore
IN CONSIDERATION of the Contract and for the mutual promises herein
contained and for other good and valuable consideration the parties agree that:
1. The above stated recitals are true and correct and, by this reference,
are incorporated herein and made a part hereof.
2. Section 3 of the Contract is amended, in part, to read as follows:
"3. That CONTRACTOR is the lowest and best responsible bidder for
biosolids hauling services for Jacksonville Electric Authority for
period October 1, 1997 through September 30, 2001 in accordance with
plans and specifications hereinafter referred to, and has been
awarded the Contract for said work pursuant to award made September
11, 1997 and May 12, 1998."
3. On page 1 of the Contract Documents, the Unit Price as reflected in
Part I shall be increased from $0.01157/gallon to $0.01388/gallon; and the Unit
Price reflected in Part II, Item 2, shall be decreased from $0.14391/gallon to
$0.05/gallon.
4. Section 4 of the Contract is amended, in part, to read as follows:
"4. The CONTRACTOR will, at its own cost and expense, do the work
required to be done and furnish the materials required to be
furnished on said work in accordance with plans and specifications
previously approved by the City of Jacksonville, numbered
CS-00l0-97, with bid opening date of October 30, 1996, designated as
"City of Jacksonville, Florida, Department of Public Utilities,
Biosolids Hauling" and strictly in accordance with the advertisement
calling for bids, plans, specifications, blueprints, requirements of
the said City of Jacksonville in said Bid Number CS-0010-97 and the
Jacksonville Electric Authority in JEA Invitation For Bids No.
WSC-361-97, proposal of the said CONTRACTOR, and award therefor, all
of
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which are now on file in the office of the Director of Procurement
of the Jacksonville Electric Authority (hereinafter called Contract
Documents), and all of which are hereby especially referred to and,
by this reference, made a part hereof to the same extent as if fully
set out herein, for the total sum not to exceed:
(a) EIGHT HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS
($825,000.00) for the October 1, 1997-September 30, 1998 Contract
year; and
(b) ONE MILLION TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS
($1,250,000.00) for the October 1, 1998-September 30, 1999 Contract
year, subject to availability of lawfully appropriated funds; and
(c) ONE MILLION TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS
($1,250,000.00) for the October 1, 1999-September 30, 2000 Contract
year, subject to availability of lawfully appropriated funds; and
(d) ONE MILLION TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS
($1,250,000.00) for the October 1, 2000-September 30, 2001 Contract
year, subject to availability of lawfully appropriated funds;
for a total maximum indebtedness not to exceed FOUR MILLION
SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS ($4,575,000.00), subject to
availability of lawfully appropriated funds at and for the prices
and on the terms contained in the CONTRACTOR's said proposal for the
doing of said work and the said award therefor, and the Contract
Documents hereinabove specifically referred to and made a part of
this Contract."
5. Price increases for subsequent Contract years will be negotiated and
may be adjusted with maximum increases not to exceed any increase in the
Consumer Price Index for the prior calendar year.
6. On page 4 of the Contract Documents, paragraph 14 is amended, in part,
to read as follows:
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"14. FACILITY LOCATIONS. Services rendered by the Contractor may
involve, but not be limited to, the following areas:
* * *
"Sewer District 2. District 2 WRF Area, Jacksonville Port
Authority; Xxxxxx Island and Airport WWTF"
"Sewer District 3. Southwest WRF Area, Youth Development
Center WRF"
7. On pages 4 and 5 of the Contract Documents, Paragraph 15 is amended, in
part, to read as follows:
"15. WORK AND QUANTITIES
"In all parts below, payment for mileage and travel time is not
allowed. Payment shall be based ONLY on the unit prices listed
below:
* * *
"PART 2 OTHER FACILITIES
* * *
"Item 2. The rate for sewerage handling (utilizing Weststar's or
JEA's pumps, hauling and then unloading) is $0.05 per
gallon, adjusted annually for inflation in accordance
with Paragraph 25. This rate shall apply Monday through
Sunday.
Item 3. The rate of $0.05 per gallon shall apply at all times,
with the one following exception:
A rate multiplier of 1.1 shall be utilized if less than
24 hours notice is given for mobilization, and then only
during the first period of non-normal work hours (i.e.
during the first period of 4:00 PM to 6:00 AM). For
example, if service is requested to begin at 10 PM with
less than 24 hours of notification, this multiplier
would only applicable from 10 PM to 6 AM the next day.
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"Item 4. Notification can be made by telephone or other means.
"Item 5. A mobilization fee of $3O0 per tractor trailer
combination shall be paid if that combination does not
haul a minimum of 2 loads. This mobilization fee shall
not be paid for conditions beyond the control of JEA
(e.g., Weststar equipment breakdown)."
8. On page 6 of the Contract Documents, paragraph 16 is amended, in part,
to read as follows:
"16. EMERGENCY NOTIFICATION - The Contractor shall be required to
respond within 24 hours after notification, and must be able to
service the various facilities and/or pump stations. Most facilities
will be serviced on a scheduled weekly or daily basis, with all
other work being performed on an as needed basis. Work will normally
be scheduled between 7:30 AM to 4:00 PM Monday through Friday. The
Contractor must, however, be prepared to respond to weekend and
extended hour emergencies as required, and will be compensated as
outlined in Paragraph 15, Part 2, item 3. In the event of an
industrial spill or emergency situation, the Contractor must be able
to respond within two hours of notification. The notification
requirement does not apply to Part I activities which shall be
performed seven (7) days per week. If the Contractor's office is out
of town, the Contractor shall provide a toll-free telephone number
for City personnel to schedule daily hauling requirements."
SAVE AND EXCEPT as expressly amended herein, the terms and conditions of
the October 31, 1997 Contract shall remain in full force and effect.
[The remainder of this page has been left blank intentionally.]
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IN WITNESS WHEREOF, the parties hereto have duly executed this instrument,
in duplicate, the day and year first above written.
ATTEST: JACKSONVILLE ELECTRIC AUTHORITY
/s/ Xxxxx X. Xxxxxxx By /s/ Xxxxxx; X. Xxxxxxxx
-------------------------------- ---------------------------
Signature Xxxxxx X. Xxxxxxxx
Managing Director and
Xxxxx X. Xxxxxxx Chief Executive Officer
--------------------------------
Type/print Name
Staff Support Assistant
--------------------------------
Title
OWNER
WESTSTAR ENVIRONMENTAL, INC.
By /s/ Xxxxxxx X. Xxxx
-------------------------------- ---------------------------
Sign Name Sign Name
Xxxxxxx X. Xxxx
-------------------------------- ---------------------------
Print or Type Name Print or Type Name
Its Ex. Vice President
-------------------------------- -----------------------
Title Title
CONTRACTOR
I hereby certify that the expenditure contemplated by the foregoing
instrument has been duly authorized, and provision has been made for the payment
of the monies provided therein to be paid.
/s/ Xxxx X. Xxxxxx
---------------------------
XXXX X. XXXXXX
Controller
Jacksonville Electric Authority
Form Approved:
/s/ Xxxxx XxXxxxxx
--------------------------------
Assitant General Counsel
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Bid Number: CS-001O-97
Bid Date: October 30, 1996
BID PROPOSAL
FOR THE
CITY OF JACKSONVILLE, FLORIDA
DEPARTMENT OF PUBLIC UTILITIES
BIOSOLIDS HAULING
COMPANY NAME: WESTSTAR ENVIRONMENTAL, INC.
----------------------------------------------
BID PROPOSAL FORM
--------------------------------------------------------------------------------
PART/ITEM UNIT PRICE TOTAL PRICE
--------- ---------- -----------
I 38,500,OOO gallons x $ .01157/gallon x 0.75 = $334,083.75
II/1 500,000 gallons x $ .0842/gallon x 0.025 = $ 1,115.00
II/2 50,000 gallons x $ .14391/gallon x 0.025 = $ 179.89
III/1 500 hours x $ 350/hour x 0.0125 = $ 2,187.50
III/2 500 hours x $ 299/hour x 0.0125 = $ 1,868.75
III/3 500 hours x $ 99/hour x 0.0125 = $ 618.75
III/4 500 hours x $ 335/hour x 0.0125 = $ 2,093.75
IV/l 67,500,000 gallons x $ .0139/gallon x 0.05 = $ 46,912.50
IV/2 22,500 tons x $ 6.50/ton x 0.05 = $ 7,312.50
V 26,500 tons x $ 5.00/ton x 0.05 = $ 6,625.00
GRAND TOTAL- PARTS I THROUGH V: $402,997.39
--------------------------------------------------------------------------------
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Page 2 Bid Number: CS-OOl0-97
Bid Date: October 30, 1996
BID PROPOSAL
FOR THE
CITY OF JACKSONVILLE, FLORIDA
DEPARTMENT OF PUBLIC UTILITIES
BIOSOLIDS HAULING
1. INTENT - The City of Jacksonville requires the services of a Contractor to
remove biosolids, sand, grit and/or grease from the various water
reclamation facilities (WRF's), pump stations, and other City-owned
facilities within the City limits and haul it to 1) the Xxxxxxx Biosolids
Disposal Facility (BDF) for further processing, 2) approved land disposal
site(s) provided by the Contractor, or 3) the Trail Ridge Landfill. All
material going to approved land disposal site(s) must be stabilized,
applied, injected, and/or buried in accordance with 40 CFR Part 503, FAC
Chapter 62-640, and provisions of this specification. All material going
to the landfill must pass a "paint filter test" as a measure of free
liquid present. It is understood that the quantities shown are estimated
and are to be used for award of bids only. No minimum quantities are being
guaranteed for any of the work shown.
WESTSTAR ENVIRONMENTAL, INC (Company Name) has carefully examined the bid
documents and agrees to furnish all labor, material, equipment, and
appurtenances necessary to accomplish the required services as outlined
below. Prior to a Notice to Proceed being issued, land application
permit(s) must be obtained from the appropriate agency(ies); see Items 22
through 24. In Xxxxx County, these agencies include but may not be limited
to:
Regulatory & Environmental Services Department (RESD)
000 X. Xxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxxxxxx, Xxxxxxx 00000-0000
904.630.3461
Florida Department of Environmental Protection (FDEP)
0000 Xxxxxxxxxx Xxx, Xxxxx X-000
Xxxxxxxxxxxx, Xxxxxxx 00000-0000
904.448.4330
2. SUCCESSFUL BIDDER - Bidder is required to bid on all items. Award will be
based on the lowest, responsive, and responsible bid. Parts I through V of
Item 15 will be weighted as follows: 75%, 5%, 5%, 10%, and 5%,
respectively. If a Part is comprised of several Items, the weighted
percentage has been equally distributed between the Items. If the lowest
bidder is unable to perform at any time during the contract period, the
City will utilize the second lowest, responsive and responsible bidder to
fulfill its needs. Should a bidder be awarded the Contract and then fail
to perform, they will not be allowed to bid on future work.
3. REFERENCES - The bidder must submit endorsement letters from a minimum of
three (3) cities, counties, districts, or corporations for whom the bidder
has successfully conducted similar business for a minimum of two (2) years
for each entity.
4. BONDS - A Cashier's Check or Bid Bond (Appendix A) properly executed by the
undersigned and by qualified surety in the sum of $50,000, made payable to
the Tax Collector, City of Jacksonville, Florida, which the undersigned
Bidder hereby deposits as a guarantee of good faith and agrees to
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Page 3 Bid Number: CS-OOl0-97
Bid Date: October 30, 1996
forfeit to the City of Jacksonville, not as a penalty, but as fixed and
liquidated damages in the event they fail to enter into Contract, or fail
to furnish the Performance Bond (Appendix B) required within ten (10) days
after receipt of the contract. The Performance Bond amount shall be equal
to the Bid price rounded up to the nearest $25O,O00 (ie, Bid = $600,000,
Performance Bond = $750,000).
5. NON-DISCRIMINATION PROVISION - In compliance with Section 4 of Ordinance
00-000-000, the bidder shall upon affixing their signature to the proposal
form, and/or the acceptance of a Purchase Order, certify that their firm
meets and agrees to the following provisions which shall become a part of
the contract.
a. The Contractor represents that their company has adopted and will
maintain a policy of non-discrimination as defined by ordinance of
the City of Jacksonville throughout the term of this contract.
b. The Contractor agrees that on written request, reasonable access
will be permitted to company records of employment, employment
advertisement, application forms and other pertinent data and
records by the Executive Director of Community Relations Commission
of the City of Jacksonville, for the purpose of investigation to
ascertain compliance with the non-discrimination provisions of this
contract. However, the Contractor shall not be required to produce
for inspection any records covering periods of time more than one
year prior to the date of this contract.
c. The Contractor agrees that if any of the obligations of this
contract are to be performed by a subcontractor, then the provisions
of (a) and (b) of this section shall be incorporated into and become
a part of the subcontract.
6. REPAIR OF WORK AREAS - The Contractor shall replace with new or repair any
damaged City equipment or structures immediately to the satisfaction of
the City. The intent of this paragraph is to insure the safe and
continuous operations of the Treatment Division.
7. ACCESS TO CONTRACTOR'S OPERATING AREA AND RECORDS - The Contractor shall
provide immediate access to its disposal sites, staging areas, storage and
treatment facilities, and to its operating records as required by the City
and applicable regulatory agencies.
8. INDEMNIFICATION AGREEMENT - The City will require the following
indemnification clause to be made part of the Agreement entered into with
the selected Contractor.
In consideration of Ten Dollars ($10.00), receipt and sufficiency of which
is hereby acknowledged by the Contractor, the Contractor and any of its
subcontractors shall indemnify and save harmless and defend the City from
all suits or actions of every name and description brought against the
City based on personal injury, bodily injury (including death) or property
damages (including destruction) received or claims and expenses to be
received or sustained by any person or contractors arising from or in
connection with any negligent act or omission of the Contractor or its
subcontractors, its agents, employees, or assigns in providing the
services called for herein.
9. INSURANCE REQUIREMENTS - The Consultant shall procure and maintain during
the term of the project, insurance of the types and in the minimum amounts
stated below:
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Page 4 Bid Number: CS-OOl0-97
Bid Date: October 30, 1996
SCHEDULE LIMITS
-------- ------
Worker's Compensation Statutory/$1,000,000
---------------------
Florida Statutory Coverage & Employer's
Liability (Incl. Appropriate Federal Acts)
Comprehensive General Liability $1,000,000 CSL and
------------------------------- $2,000,000 Aggregate
Premise-Operations; Products-Completed
Operations P.D.; Contractual Liability;
Independent Contractors
(The City of Jacksonville shall be
named as an additional insured under
all of the above Comprehensive General
Liability coverage)
Auto Liability $1,000,000 CSL, BI,
-------------- and PD
(including owned, non-owned and hired)
Professional Liability Insurance $500,000
--------------------------------
Valuable Papers $100,000
---------------
(The City of Jacksonville must be named
as an additional insured under Valuable
Papers coverage.)
Said insurance shall be written by an insurer holding a current
certificate of authority pursuant to Chapter 624, Florida Statutes. Prior
to commencing any work on the Project, Certificates of Insurance approved
by the City's Division of Insurance and Risk Management evidencing the
maintenance of said insurance shall be furnished to the City. The
insurance shall provide that no material alteration or cancellation,
including expiration and non-renewal, shall be effective until thirty (30)
days after receipt of written notice by the City.
10. ORDERS - Blanket Purchase Orders shall be issued based on requirements.
Individual pumping/hauling/disposal assignments will be issued by the
Division Chief, Operations or Maintenance Manager, Superintendents, or
their designee.
11. PAYMENT - The Contractor shall submit invoices for each month by the 15th
day of the following month. Each invoice shall be delineated by area as
described in Item 14 and shall show the quantities managed for each
Part/Item described in Item 15. No requests for early payment will be
accepted, regardless of the Contractor's cash flow. The Contractor shall
submit a copy of all speeding violations for vehicles associated with this
contract with the monthly pay request.
The Contractor shall submit driver tickets for each load hauled. The
driver's ticket shall show the date, driver's name, truck and trailer
number, the locations(s) hauled from, the location hauled to (disposal
site), the number of hauls for that date, and the gallons of biosolids
removed on each haul, and each load ticket shall be signed by a Division
representative. Invoicing for sand, grit and/or grease removal, in
addition to the above requirements, shall show the number of hours for
that date.
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Page 5 Bid Number: CS-0010-97
Bid Date: October 30, 1996
12. CONTRACT MODIFICATIONS - The City reserves the right to modify the
contract requirements. These modifications may include [ILLEGIBLE]
unloading procedures, etc. [ILLEGIBLE].
13. SCOPE - The biosolids will be waste [ILLEGIBLE] or waste [ILLEGIBLE] and
primary biosolids. The biosolids will be malodorous. When required, sand,
grit and/or grease shall be removed from various City-owned wastewater
system structures such as, but not limited to: manholes, grit xxxxxxxx,
clarifiers, aeration tanks, wet xxxxx, chlorine contact xxxxxxxx, and
digesters. Where applicable, sand, grit and/or grease, may be either in a
liquid (pumpable) state or in a solid (non-pumpable) state which may
require excavation by personnel and equipment provided by the Contractor.
Therefore, an hourly cost (to be billed for pumping time only, no travel
time, mobilization time, or disposal time or mileage may be billed) is to
be provided in the proposal by the bidder for both situations. It is
estimated that work performed in removing and hauling sand, grit and/or
grease in the liquid and/or solid state will require the approximate
number of hours listed in Part III, during a year; however, there is no
[ILLEGIBLE].
14 [ILLEGIBLE] - Services rendered by the Contractor may involve, but not be
limited to the following areas:
Sewer District 0 - Xxxxxxx XXX Xxxx
Xxxxx Xxxxxxxx 0 - Xxxxxxxx 2 WRF Area
Sewer District 3 - Southwest WRF Area, Youth Development Center WRF,
Shadowrock WRF
Sewer District 4 - Arlington East WRF Area
Sewer District 5 - Mandarin WRF Area, Beauclerc WRF
15. WORK AND QUANTITIES
In all parts below, payment for mileage and travel time is not allowed.
Payment shall be based ONLY on the unit prices listed below.
PART I. BIOSOLIDS TO THE XXXXXXX BDF
Remove and haul biosolids seven (7) days per week from the Southwest and
Mandarin WRF to the Xxxxxxx BDF:
UNIT PRICE TOTAL PRICE
38,500,000 gallons x $.01157 / gallon x 0.75 = $334,083.75
PART II OTHER FACILITIES
Item 1. Remove and haul biosolids on an as-needed basis from various
City owned, non-regional facilities to the Xxxxxxx BDF:
UNIT PRICE TOTAL PRICE
500,000 gallons x $.08429/ gallon x 0.025 = $1,115.00
Item 2. Remove and haul biosolids on an as-needed basis from various
City-owned sites of sanitary sewer overflows to the Xxxxxxx
BDF:
UNIT PRICE TOTAL PRICE
50,000 gallons x $.14391/ gallon x 0.025 = $179.89
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Page 6 Bid Number: CS-0010-97
Bid Date: October 30, 1996
PART III SAND, GRIT, AND/OR GREASE
Item 1. Remove, stabilize, and dispose of sand, grit and/or grease in
a liquid form from various City-owned sites at approved land
disposal site(s). NO TRAVEL TIME:
UNIT PRICE TOTAL PRICE
500 hours x $350/hour x 0.0125 = $2,187.50
Item 2. Remove and haul sand, grit and/or grease in a liquid form from
various City-owned sites to the Xxxxxxx BDF. NO TRAVEL TIME:
UNIT PRICE TOTAL PRICE
500 hours x $299/hour x 0.0125 = $1,868.75
Item 3. Remove, stabilize, and dispose of sand, grit and/or grease in
a solid form from various City-owned sites at approved land
disposal site(s). "Solid" is defined as that material which
can not be pumped. NO TRAVEL TIME:
UNIT PRICE TOTAL PRICE
500 hours x $99/hour x 0.0125 = $ 618.75
Item 4. Remove and haul sand, grit and/or grease in a solid form from
various City-owned sites to the Xxxxxxx BDF. "Solid" is
defined as that material which can not be pumped. NO TRAVEL
TIME:
UNIT PRICE TOTAL PRICE
500 hours x $335/hour x 0.0125 = $2,093.75
Contractor will be paid only when equipment commences work at pumping site
and continue to be paid while equipment is working continuously at the
pumping site. No payment of any kind will be made to the Contractor while
traveling to or from the pumping site or to, at, or from the disposal
site. No payment will be made for clean up time for the Contractor's
equipment. The Contractor called out to a site to perform work under this
part only to be told that the work is no longer necessary, shall be paid
for one (1) hour at said rate as a cancellation charge to cover
mobilization expenses.
PART IV BIOSOLIDS LAND APPLICATION
Provide all personnel, equipment, structures, power, and chemicals, if
necessary, to remove and stabilize in accordance with CFR Part 503 and FAC
Chapter 62-640, and dispose of biosolids at approved land disposal
site(s).
Item 1. Liquid form - Approximately 2% solids
UNIT PRICE TOTAL PRICE
67,500,000 gallons x $.0139/gallon x 0.05 = $46,912.50
Item 2. Solid form - Approximately 20% solids
UNIT PRICE TOTAL PRICE
22,500 tons x $6.50 /ton x 0.05 = $7,312.50
PART V BIOSOLIDS TO LANDFILL
Remove and haul biosolids (approximately 20% solids) up to six (6) days
per week from the Xxxxxxx BDF to the Trail Ridge Landfill.
UNIT PRICE TOTAL PRICE
26,500 tons x $5.00 /ton x 0.05 = $6,625.00
18
Page 7 Bid Number: CS-0010-97
Bid Date: October 30, 1996
16. EMERGENCY NOTIFICATION - The Contractor shall be required to respond
within 24 hours after notification, and must be able to service the
various facilities and/or pump stations. Most facilities will be serviced
on a scheduled weekly or daily basis, with all other work being performed
on an as needed basis. Work will normally be scheduled between 7:30 AM to
4:00 PM, Monday through Friday. The Contractor must, however, be prepared
to respond to weekend and extended hour emergencies as required, and will
be compensated at 1.5 times the base hourly rate (this also applies to
cancellation charges for weekend call outs). In the event of an industrial
spill or emergency situation, the Contractor must be able to respond
within two hours of notification. The notification requirement does not
apply to Part I activities which shall be performed seven (7) days per
week. If the Contractor's office is out of town, the Contractor shall
provide a toll-free telephone number for City personnel to schedule daily
hauling requirements.
17. SPILLS - The Contractor shall be responsible for responding within one
hour of a spill involving its own or sub-contracted vehicles and/or
personnel. "Response" is defined as having equipment and personnel at the
site of the spill and having started clean-up operations. One or more
personnel evaluating the spill site does NOT constitute a response. A
Spill Response Plan must be submitted as part of the bid package. More
than three spills during any twelve month period shall be considered just
cause to implement Item 26.
Care shall be taken when connecting, disconnecting, loading, and unloading
to prevent the spillage of any materials. It is the responsibility of the
Contractor and its employees to leave loading and unloading areas at least
as clean as when they arrived. If necessary, any loading and unloading
area shall be washed down and the bar screen at the Xxxxxxx BDF cleaned by
the Contractor before departing the area.
18. LOADING AND UNLOADING - The loading and unloading of the materials
previously mentioned shall be the responsibility of the Contractor. The
City shall be responsible for having personnel to operate City-owned
pumping equipment to load the biosolids, sand, grit and/or grease at the
appropriate sites, where that equipment is permanently installed. The
Contractor is responsible for furnishing all necessary pumping equipment
for loading biosolids and/or other materials when such equipment is not
available at the site. Where sand, grit and/or grease removal is required,
the Contractor is responsible to furnish all personnel, pumping equipment
and facilities, including power to drive said equipment. Loading and
unloading at all facilities shall be limited to the hours between 6 AM and
5 PM. Permission to enter the Xxxxxxx WRF after 5 PM must be obtained from
Operations personnel at 904.630.4215 or Industrial Pretreatment personnel
at either 904.630.4233 or 904.630.4231 by 4 PM.
19. CERTIFICATIONS - The successful bidder must provide the following
information prior to Notice to Proceed:
a. Truck (tractor) and tanker trailer numbers.
b. Capacity certification corresponding to tanker trailer number.
c. Certification of maximum tractor + trailer weight when empty and
loaded.
d. Florida Department of Transportation weight restriction(s) for this
type of vehicle.
e. 4" x 6" color photographs (non-returnable) of each tractor and trailer
to be used.
Also, before additional trailers not listed above may be used, notice,
including the above information, shall be provided in writing to the
address below at least five (5) working days prior to their use:
19
Page 8 Bid Number: CS-OOl0-97
Bid Date: October 30, 1996
Industrial Pretreatment
0000 Xxxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000-0000
20. EQUIPMENT - The Contractor shall, at the time of bid, have sufficient
equipment to haul 150,000 gallons of biosolids per day from all facilities
to the Xxxxxxx BDF. In addition, within five (5) calendar days of
notification of the need for such service, the Contractor must be able to
provide equipment to haul and stabilize up to 750,000 gallons of liquid at
approximately 2% solids or 250 wet tons of cake at approximately 20%
solids per day from the WRF's to approved land disposal site(s). Volumes
are based on 90 days of use but are not guaranteed. All vehicles shall
comply with Florida Department of Transportation regulations including
weight restrictions. Individual tanker trailers may have baffles but shall
NOT be compartmentalized and must be equipped with all necessary hose and
coupling devices required to connect to City facilities. Each tractor and
tanker whether owned or leased by the Contractor shall have company
placards mounted on both sides of each for identification purposes. The
storage of equipment, tractors, trailers, etc. at WRF's is not permitted.
The Contractor must designate tankers to be used to haul biosolids for the
City's facilities. These tankers can not be used to haul other materials
such as septic tank and/or grease trap waste. This is to ensure proper
billing or payment. The quantity of biosolids hauled from outside
facilities shall be compared to volumes received at the Xxxxxxx BDF.
Discrepancies shall be investigated. If it is determined that the
Contractor has discharged non-City materials and claimed it to be City
materials, the Contractor shall have triple the applicable discharge price
deducted from their next invoice. Three or more confirmed false claims
during any twelve month period shall be considered just cause to implement
Item 26.
21. BREAKDOWN - The removal of biosolids is an essential operation within the
City's treatment facilities and there is minimal storage capacity
available. There shall be no allowance for the breakdown of the
Contractor's equipment. The Contractor shall provide sufficient equipment
and personnel to transport the maximum daily quantities as requested by
Division personnel or the volumes listed in Item 20, whichever is greater,
at all times taking into consideration equipment breakdown. If on ANY day
the Contractor fails to transport the maximum daily quantities as
requested by Division personnel, liquidated damages in the amount of
$1,000 shall be paid to the City. If the Contractor fails on Day 2 to haul
same, damages in the amount of $2,500 shall be paid to the City for a
cumulative total of $3,500. If the Contractor fails on Days 3 through 5,
to haul same, damages in the amount of $5,000 each day shall be paid to
the City for a cumulative total of $18,500. Liquidated damages shall be
subtracted from the subsequent xxxx. A negative balance shall be carried
over to the following month(s). If after Day 5 the Contractor fails to
transport the maximum daily quantities as requested by Division personnel,
this Contract may be canceled immediately.
22. STABILIZATION - The biosolids stabilization method shall be in conformance
with 40 CFR Part 503 and FAC Chapter 62-640. Prior to the Notice to
Proceed, the Contractor shall develop and have FDEP review a written plan
which addresses where and how stabilization will occur and shall include
the equipment and chemicals to be used. This plan shall be submitted to
the City. Acceptance of the plan by this Division shall not in any way
make the City responsible or liable for the method, manner or means
selected by the Contractor for its stabilization of biosolids nor for any
failure by the Contractor to properly stabilize the biosolids in
accordance with applicable laws, rules and regulations, including but not
limited to license, permit and other similar requirements. This plan shall
also detail how odors associated with the stabilization process are to be
minimized. If the Contractor
20
Page 9 Bid Number: CS-OOl0-97
Bid Date: October 30, 1996
stabilization system is not operational and accepting the City's material
within five (5) calendar days after written or faxed notification,
liquidated damages in the amount of $5,000 per day shall be paid to the
City. After ten (10) calendar days, liquidated damages paid to the City
shall increase to $10,000 per day.
23. DISPOSAL - The biosolids disposal method and site(s) shall be in
conformance with 40 CFR Part 503 and FAC Chapter 62-640. Approval by the
Division shall not in any way make the City responsible or liable for the
method, manner or means selected by the Contractor for its utilization of
the site nor for any failure by the Contractor to utilize said site in
accordance with applicable laws, rules and regulations, including but not
limited to license, permit and other similar requirements. Further, the
Contractor shall assume full responsibility for disposal procedures,
permits, and inspection by all duly appointed local, State, and Federal
authorities. All biosolids, sand, grit and/or grease shall be properly
stabilized and disposed of prior to the completion of work each day.
The minimum requirements for site availability are for 90 days of land
application based on the quantities listed in Item 19. The Bidder's
agricultural plan must include strategies for acquiring additional site(s)
to service the entire contract period. This paragraph does not exempt the
bidder from the site requirements of the State, nor the approval
requirements set forth herein.
All sampling for land application shall be performed by the Contractor.
Any analyses shall be performed by the City.
24. AGRICULTURAL USE PLAN - The Contractor will provide all information,
measurements, drawings, etc. to obtain land application permit(s) and will
at a minimum include the following information/documentation:
a. maps showing the extent of the property to be utilized and its
acreage;
b. indications of all surface waters included on the site(s) proposed
and an explanation of their exclusion from the acreage calculations,
and the set backs proposed (these must be in accordance with 40 CFR
Part 503 and FAC Chapter 62-640);
c. the crop to be grown on the property during operation (if any);
d. a notarized statement from the property owner certifying compliance
with the limitations of 40 CFR Part 503 and FAC Chapter 62-640;
e. a sample of the monthly report to be submitted to the regulatory
agency(ies) and the Wastewater Division by the Contractor denoting
the monthly, year to date, and cumulative application of biosolids
(gallons and dry tons per acre) including metals (Cd, Cu, Pb, Ni,
Zn), nitrogen, and phosphorus, and the ground water depth at the
time of each application;
f. notation of any public buildings within 100 feet of the application
area, and indication of the buffer area the Contractor plans to
maintain around the buildings;
g. location of all xxxxx, both public and private, with indication of
buffer area which the Contractor will maintain;
h. groundwater survey of the site(s); and
i. topographic grade of the site(s).
25. TERM OF AGREEMENT- The initial period of this contract shall be from
January 1,1997 through September 30, 1997 and may be renewed for four (4)
additional one year periods with mutual consent of both parties and
pending availability of funds. The unit prices listed on the bid form
shall remain firm for the initial period of the contract. Price increases
may be negotiated [ILLEGIBLE] renewal period. The maximum increase
allowable shall be based upon the Producer [ILLEGIBLE] for the 12
21
Page 10 Bid Number: CS-OOl0-97
Bid Date: October 30, 1996
month period prior to renewal. Renewal is at the sole discretion of the
City of Jacksonville based upon acceptable performance by the supplier
during the preceding year and is subject to the availability of funds.
26. CANCELLATION OF CONTRACT - The Division may cancel the contract in whole
or in part for any reason upon thirty (30) days written notice and without
legal and financial recourse by the Contractor. The Contractor shall be
paid for all services completed through the effective date of contract
cancellation.
27. ROUTING - Tractor trailer combinations approaching or leaving the Xxxxxxx
WRF shall utilize Talleyrand Avenue and 0xx Xxxxxx or Xxxxx Street.
Tractor trailer combinations approaching or leaving the Southwest WRF
shall utilize Timiquana Boulevard, Catoma Street, and 000xx Xxxxxx.
Tractor trailer combinations approaching or leaving the Mandarin WRF shall
utilize Xxxxxxx Road, Pine Acres Road, and Hampton Road to the facility
entrance. Vehicles not following these routes may be reported to the
Contractor's headquarters. Three routing violations within a three month
period may be considered just cause to implement Item 26.
28. RANDOM SPEED CHECKS - In order to protect public safety, the Division may
coordinate random speed checks with the Jacksonville Sheriff's Office,
primarily on the routes described in Item 27 but may include the WRF
property. Three speeding violations for all vehicles regardless of
location within a twelve month period may be considered just cause to
implement Item 26. Submission of speeding violation documents shall be in
accordance with Item 11.
29. PROTESTS - Any potential Bidder with questions regarding these
Specifications shall submit them in writing via certified mail at least 15
calendar days prior to Bid opening. By submission of a Bid, all
Contractors agree that the provisions contained herein are acceptable and
shall not be protestable.
30. CHAPTER 7 & 11 - The Contractor shall notify the City via certified mail
within fourteen (14) calendar days of filing for protection from creditors
during liquidation (Chapter 7) or reorganization (Chapter 11). Proof of
filing shall be provided. Send notification and proof to:
Xxxx Xxxxx, P.E., Project Engineer
Treatment Division
0000 Xxxxxxx Xxxxxx
Xxxxxxxxxxxx, Xxxxxxx 00000-0000
Failure to notify may be considered just cause to implement Item 26.
