Final
Request for Proposal: Services for Resource Management,
Minnesota Correctional Facility – St. Cloud
TABLE OF CONTENTS
I. SPECIAL TERMS, CONDITIONS, AND SPECIFICATIONS I-1
A. PREFACE STATEMENT I-1
B. ESTIMATED AMOUNT I-1
C. ESCALATION I-1
D. DE-ESCALATION I-2
E. ADMINISTRATIVE PERSONNEL CHANGES I-2
F. CONTRACT VENDOR PERSONNEL AND PROJECT MANAGEMENT I-2
G. FUNDING OUT CLAUSE I-2
H. PRICING OFFERED IN RESPONSE I-3
I. FOREIGN OUTSOURCING OF WORK PROHIBITED I-3
J. AWARD OF RELATED CONTRACTS I-3
K. AWARD OF SUCCESSOR CONTRACTS I-3
L. JOINT VENTURES/SUBCONTRACTING I-3
M. JOINT VENTURES PAYMENT/SUBCONTRACTOR PAYMENT I-4
N. DAMAGED PROPERTY I-5
O. RECYCLABLES MUST BE RECYCLED I-5
P. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAW I-5
Q. SITE SECURITY I-6
R. SOLID WASTE CONTAINER SAFETY I-7
II. INTRODUCTION TO WASTE AND RECYCLING RESOURCE MANAGEMENT (RM) SERVICES RFP SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS II-1
A. RM SERVICES RFP FACILITY BACKGROUND II-1
B. POTENTIAL RM SERVICES AT ADDITIONAL FACILITIES II-1
C. PRE-PROPOSAL MEETING AND SITE TOUR II-1
D. RM SERVICES RFP SCHEDULE II-2
E. EVALUATION CRITERIA II-2
F. RM SERVICES RFP PRIMARY CONTACT PERSON AND INQUIRIES II-5
III. RM SERVICES SPECIAL TERMS, CONDITIONS, AND SPECIFICATIONS III-5
A. RM SERVICES RFP PURPOSE AND OBJECTIVES III-5
B. SCOPE OF WASTE AND RESOURCE TYPES III-6
C. KEY DATES TO MEET RM SERVICES OBJECTIVES III-8
D. TRANSPARENT BILLING REQUIREMENT III-9
E. WASTE COLLECTION AND DEPOSIT MANIFEST REQUIRED III-9
IV. RM SERVICES RESPONSE ITEMS IV-1
A. COMPLETE RESPONSES REQUIRED IV-1
B. RM SERVICES QUALIFICATION RESPONSE ITEMS IV-1
C. ENVIRONMENT AND SAFETY RM SERVICES RESPONSE ITEMS IV-2
D. RM SERVICES OPERATIONS PLAN IV-3
E. RM SERVICES BASE FINANCIAL RESPONSE IV-4
F. PRELIMINARY WASTE REDUCTION Bonus FINANCIAL RESPONSE IV-4
G. RM SERVICES ALTERNATE FINANCIAL RESPONSE IV-4
H. JOINT VENTURES/SUBCONTRACTING IV-5
Appendix A Acknowledgement of Receipt and Intent to Propose
Appendix B Existing Levels of Service
Appendix C Bid Response Forms
Appendix D “Must Use” Contract Releases
I. SPECIAL TERMS, CONDITIONS, AND SPECIFICATIONS
A. PREFACE STATEMENT
1. The information contained below describes the special terms and conditions of specifications applicable to the RFP and subsequent contract and are in addition to the general terms and conditions. No verbal arrangements or understandings will alter the written specifications and conditions of this request for proposal.
B. ESTIMATED AMOUNT
1. The estimated total dollar value of the Contract for one year is $ 35,000.00 - $40,000.00. However, this shall not be construed as either the minimum or maximum amount. It shall also be understood and accepted by the responder that any quantities shown in this RFP are estimated quantities only and impose no obligation upon the State either minimum or maximum.
C. ESCALATION
1. Prices shall be firm for the first year of the Contract. After the first year, escalation may be allowed on July 1 of each year based upon a demonstrable industry wide or regional increase in the Contractors’ costs and written approval of the State and the Acquisition Management Specialist (AMS).
2. Prices may escalate November 1, 2006, or, if the Contract is being extended, when the contract amendment to extend the Contract is fully executed by both parties, whichever is later. Requests for price increases shall be submitted to the AMS sixty days prior to the date when the new prices would become effective. Requests for price increases shall be accompanied by proof of demonstrable industry wide or regional increases in the Contractor’s costs. The amount of any increase is not to exceed 10 percent for any commodity/service over the life of the Contract. The exact amount of escalation if any will be governed by the validity of the documentary evidence submitted and is negotiable at the State’s option. No price increase will be effective until approved by the AMS and set forth in a fully executed amendment to the Contract. Fuel surcharges are not part of the “not to exceed 10 percent restriction.”
3. In the event that fuel prices increase significantly during the life of the contract, a fuel surcharge shall be allowed. If the price of fuel rises by more than $0.40 per gallon over the statewide average price as reported for June 1, 2005, by the American Automobile Association's (AAA) Daily Fuel Gauge (http://www.autoclubgroup.com/mnia/autos/index.asp), a fuel surcharge equal to the amount actually paid above the STATEWIDE average price on the first day of the quarter (January 1, April 1, July 1, or October 1) the gas is purchased when the $0.40 trigger point is applied will be paid to the Contractor. This shall apply to either gasoline or diesel fuel. If a fuel surcharge is implemented under this provision, the Contractor shall provide copies of receipts for fuel purchases with the invoice. If a Contract amendment for a price escalation is approved under section B, the statewide average fuel price will be re-established at the time of the amendment and the fuel surcharge will not apply until the new average plus the $0.40 trigger level is exceeded.
D. DE-ESCALATION
1. The Contractor shall notify the AMS of any price decreases and shall apply the discounted price immediately. Price reductions shall be set forth in a fully executed amendment to the Contract.
E. ADMINISTRATIVE PERSONNEL CHANGES
1. The Contractor must notify the AMS of changes in the Contractor’s key administrative personnel, in advance and in writing. Any employee of the Contractor, who in the opinion of the State of Minnesota is unacceptable, shall be removed from the project upon written notice to the Contractor. In the event that an employee is removed pursuant to a written request from the AMS, the Contractor Vendor shall have ten (10) working days in which to fill the vacancy with an acceptable employee.
F. CONTRACT VENDOR PERSONNEL AND PROJECT MANAGEMENT
1. If the need arises to add to or remove any of the Contract Vendor’s key personnel named in the transmittal letter, whether permanently or temporarily, the Contract Vendor must provide written notification two weeks in advance to the Acquisition Management Specialist. This notice is only required if the change is for more than 10 consecutive workdays excluding normal vacation leave. If the Contract Vendor is adding personnel, the written notification should include the proposed individual’s name and his or her resume. If the AMS does not approve the proposed change(s), the AMS will respond in writing within two weeks.
G. FUNDING OUT CLAUSE
1. Not withstanding paragraph 8 CANCELLATION OF THE CONTRACT, of the General Terms and Conditions, the State may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature beyond June 30, or another funding source; if funding cannot be continued at a level sufficient to allow for the payment of the goods or services in the Contract, or if operations of the paying entity are being discontinued. Termination will be by written or fax notice to the Contractor. The State is not obligated to pay for any goods or service accepted or provided after notice and effective date of termination. However, the Contractor will be entitled to payment for goods or services accepted or satisfactorily performed up until the effective date of the cancellation. The State will not be assessed any penalty if the Contract is terminated in accordance with this section. The State must provide the Contractor with notice within a reasonable time after the decision is made to cancel the Contract.
H. PRICING OFFERED IN RESPONSE
1. Prices listed in your response to this solicitation must take into consideration all inherent costs of providing the requested goods and/or services. The responder agrees to pay any and all fees, including, but not limited to: duties, custom fees, permits, brokerage fees, licenses and registrations. The State will not pay any additional charges beyond the price(s) listed in the response, unless otherwise provided for by law or expressly allowed by the terms of the solicitation.
I. FOREIGN OUTSOURCING OF WORK PROHIBITED
1. All services under this Contract shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all levels.
J. AWARD OF RELATED CONTRACTS
1. In the event the State undertakes or awards supplemental contracts for work related to the Contract or any portion thereof, the Contractor shall cooperate fully with all other contractors and the State in all such cases. All contracts between subcontractors and the Contractor shall include a provision requiring compliance with this section.
K. AWARD OF SUCCESSOR CONTRACTS
1. In the event the State undertakes or awards a successor contract for work related to the Contract or any portion thereof, the current Contractor shall cooperate fully during the transition with all other Contractors and the State in all such cases. All contracts between subcontractors and the Contractor shall include a provision requiring compliance with this section.
L. JOINT VENTURES/SUBCONTRACTING
1. The State does not preclude joint ventures among groups of contractors when responding to the solicitation. However, one contractor must submit a response on behalf of all the others in the group. The Contractor that submits the response will be considered legally responsible for the response (and the Contract, if awarded).
2. If the Responder is submitting a response that includes a joint venture or subcontractors, the Responder is required to list the company names in the response in Section IV.H.
3. Only subcontractors that have been approved by the AMS can be used for this Contract.
4. After the effective date of the Contract, the Contractor shall not, without prior written approval of the AMS, subcontract for the performance of any of the Contractor’s obligations that were not already approved for subcontracting when the Contract was awarded.
5. During this Contract, if an approved subcontractor is determined to be performing unsatisfactorily by the AMS, the Contractor will receive written notification that the subcontractor can no longer be used for this Contract.
6. The provisions of the Contract shall apply with equal force and effect to all approved subcontractors engaged by the Contractor. Notwithstanding approval by the State, no subcontract shall serve to terminate or in any way affect the primary legal responsibility of the Contractor for timely and satisfactory performance of the obligations contemplated by the Contract.
M. JOINT VENTURES PAYMENT/SUBCONTRACTOR PAYMENT
1. In accordance with Minn. Stat. § 16A.1245, the Contractor shall, within ten (10) days of receipt of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contractor is required to pay interest of one and one-half percent (1½ %) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of one hundred dollars ($100) or more will be ten dollars ($10). For an unpaid balance of less than one hundred dollars ($100), the amount will be the actual penalty due. A subcontractor that takes civil action against the Contractor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney’s fees that were incurred in bringing the action. The Contractor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under the Contract. In the event the Contractor fails to make timely payments to a subcontractor or supplier, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contractor and deduct said payment from any remaining amounts due the Contractor.
2. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contractor written notice that payment will be made directly to a subcontractor or supplier. If there are no remaining outstanding payments to the Contractor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law.
N. DAMAGED PROPERTY
1. Any damage by the Contract Vendor to the State’s property, including trees, shrubs, lights, islands, water hydrants, containers, container equipment, compactor and any other part of the property, shall be repaired and or replaced in full by the Contract Vendor to the satisfaction of the State.
O. RECYCLABLES MUST BE RECYCLED
1. Note that according to MN Statute115A.95; Recyclable Materials, a disposal facility or a resource recovery facility that is composting waste, burning waste, or converting waste to energy or to materials for combustion may not accept source-separated recyclable materials, and a solid waste collector or transporter may not deliver source-separated recyclable materials to such a facility, except for recycling or transfer to a recycler, unless the director of the OEA determines that no other person is willing to accept the recyclable materials.
P. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAW
1. The Contract Vendor shall dispose of rubbish in accordance with the county’s solid waste plans (Waste Management Act, Minn. Stat. § 115A.46, subdivision 5) and all county ordinances and agreements.
2. The Contractor must comply with all applicable federal, state, and local government regulations and MCF-SCL policies applicable to this undertaking and/or governing the recycling, storage, transportation and disposal of non-hazardous solid waste resource streams. Lack of knowledge of the Responder shall in no way be a cause for relief from responsibility or constitute a cognizable defense against the legal effects thereof.
3. The Contract Vendor shall comply with all existing state, local, and federal rules and regulations, and future amendments thereto with regard to commercial garbage vehicles, transportation, waste disposal, and disposal sites.
4. Any compensation or fines required of the Contractor by regulating agencies will be paid by the Contractor and will not be reimbursed by the State.
Q. SITE SECURITY
1. The Contractor shall comply with all security duties that are required in the Correctional Facility. The Contractor and its employees shall have proper identification to enter the facility and must sign in at the time of arrival and departure. A valid Minnesota Drivers License and/or Minnesota Identification Card shall be presented at the time of entry for pickup of solid waste and recyclables. The Contractor shall note that an Officer will escort the Contractor in and out of the gate and all vehicles entering the facility shall be inspected upon entry and departure of the facility. Please note the following security instructions:
a) Pickup at the Loading Dock for the 40-cubic yard compactor on a scheduled or as needed basis is as follows: Upon arriving at the Truck Gate, the driver will surrender his/her driver’s license and receive in return an MCF/SCL temporary ID, which states “Truck Gate Delivery Pass, Warehouse Only”. The driver will then proceed unescorted to the loading dock. Upon leaving from the Truck Gate, the ID will be surrendered and the driver’s license returned. Access is provided 7:40 a.m. to 8:00 a.m., Monday through Friday, except holidays.
b) The Contractor shall note that MCF - St. Cloud owns two 40-cubic yard dumpsters (to be used for rubbish) and a compactor. The Contractor shall disconnect the full 40-cubic yard dumpster that is connected to the compactor and connect the other empty 40-cubic yard dumpster. The full dumpster shall be removed from the facility grounds and stored at the Contractor’s facility until the next collection.
c) The Contract Vendor shall note that removal of the full dumpster, disconnection and re-spotting of the empty dumpster must be done between the hours of 7:40 a.m. and 8:00 a.m., Monday through Friday, except holidays. There may need to be additional pickups that will be arranged as needed with the Contract Vendor. Response time for additional pickups shall be within a 24-hour period from the time the call is placed.
d) Pickup for other dumpsters or containers on a scheduled or as needed basis is as follows: Upon arriving at the Truck Gate, the driver will surrender his/her driver’s license and receive in return an MCF/SCL temporary ID, which states “Truck Gate Pass, Escort Required” and then will be escorted by an MCF/SCL staff while on the facility grounds. Upon leaving from the Truck Gate, the ID will be surrendered and the driver’s license returned. Access is provided 7:40 a.m. to 8:00 a.m., Monday through Friday, except holidays.
R. SOLID WASTE CONTAINER SAFETY