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State of Ohio - Controlling Board Request
STATE OF OHIO
CONTROLLING BOARD
30 East Broad Street, 34th Floor
Columbus, Ohio 43215-3457
(614) 466-5721 FAX:(614) 466-3813
OPERATING REQUEST Controlling Board No.
EPA0100132
Status:  Approved
Meeting Date:  12/4/2017

GENERAL INFORMATION
Agency
Environmental Protection Agency


Division/Institution
Central Support
Waiver of Competitive Selection  (Revised Code Section 127.16B)
      No Competitive Opportunity
      Agency Released Competitive Opportunity
Agency Released Competitive Opportunity (Revised Code Section 127.162)
Other Statutory Authority/Bill Section:
Operating Transfer Request  (Revised Code Section 127.14)
      Appropriation
      Cash
      Other Statutory Authority/Bill Section:
Fiscal Year(s)
2018
Bill No.
49
Eligible for OBM
Director Approval?
No

VENDOR INFORMATION
For FYAmountNameAddressCityStateCountyZip Code
EPA01 2018 $500,000.00 Rumpke of Ohio Inc 1932 E. Monument Ave Dayton OH Montgomery 45402

FUNDING INFORMATION
Fund GroupFund CodeAppropriation Line ItemAppropriation Line Item NameFYAmountFYAmount
DPF 5320 715646 Recycling & Litter Control 2018 $500,000.00 $.00

SIGNATURES
     
Craig W. Butler 12/04/2017
   
Agency Director or Authorized Agent On The Date Of
   
11/13/2017 Christine Morrison
   
Date Controlling Board President/OBM Director
   
AGENCY CONTACT
Name:  Donald J McNeal Title:  Fiscal Officer
Phone:  (614) 644 - 2345 Fax:  (614) 728 - 1856 E-Mail:  don.mcneal@epa.ohio.gov
REQUIRED EXPLANATION OF REQUEST
  The Environmental Protection Agency respectfully requests Controlling Board approval for an agency released competitive opportunity in the amount of $500,000 for FY 2018, from fund 5320, ALI 715646 (Recycling & Litter Control) to contract with Rumpke of Ohio, Inc for site remediation of an open dump located at Good Deeds Recycling, in Dayton, Ohio.
 
  Over a two-year period of operation, the Good Deeds facility, which was previously owned by Quality Farms, accepted beer, wine and soft drink products that were expired, mislabeled or produced incorrectly. The products were not processed and recycled in a manner consistent with environmental laws, regulations and local health code requirements. They were stockpiled outside and in warehouses and trailers. The property has become an open dump site and Ohio EPA has issued a notice of violation to the current owner, Good Deeds, LLC, directing them to process or properly remove and dispose of the product. Ohio EPA is also reviewing legal options to pursue Good Deeds for penalties and cleanup costs.

The local health department has also issued orders related to site conditions, including issues related to rats, mosquitoes and the open drainage of unwanted liquid into the local storm drainage system. Trapping results have indicated that West Nile virus exists in mosquitoes that have been collected on the property. Although the local health department has sprayed for mosquitoes, the health concern will remain until the site is remediated. Additionally, there is an elementary school approximately 300 feet from the site in question.

The current owner has neither the financial nor operational capacity to remove the material. Ohio EPA is requesting approval to enter into an initial contract not to exceed $300,000, for the collection and removal of litter and waste material outside of the buildings. This will eliminate the immediate environmental and health concerns before the material begins to freeze and burst from the cans and bottles. We are requesting an additional $200,000 waiver of competitive bidding, for a total of $500,000, that may be used if the material inside the buildings must also be removed. In addition to pursuing Good Deeds, Ohio EPA is working with the beer, wine and soft drink producers and distributors to seek reimbursement for the cost of the cleanup.
 
  EPA-133  
Attachments Controlling Board Request No.: EPA0100132
Attachment TypeAttachment Description
Response to RFP from selected vendor Rumpke Good Deeds Proposal
Contract Rumpke Contract
 
Release and Permit Information
NameFYAmountR & P #R & P DateIssued ByComments
Rumpke of Ohio Inc 2018 $500,000.00 EPA4846 Not Required

Operating Request Required Information
New Contract - Rumpke of Ohio Inc
Controlling Board Request No.: EPA0100132
1. Selection Process: Was this contract subject to selection by a Request for Proposal (RFP),
Request for Qualification (RFQ), Request for Information (RFI) process? Yes
 a. Explain how the RFP, RFQ or RFI was publicized or advertised.
     As this project was evaluated to be time sensitive, telephone calls were made to area waste haulers capable of providing such remediation work. Site visits to the property were scheduled with each contractor and current data was equally shared with all contractors. Estimates were based on the site visit, known conditions and existing data.
 
 b. Number of proposals distributed.  3
 c. Number of days in which interested parties had to respond to the RFP, RFQ or RFI. 14
 d. Number of proposals received. 3
 e. Information for each proposal received (or see attachment).
Name Proposal AmountAddressCityStateCounty
Rumpke of Ohio, Inc $432,815.25 1932 E Monument Ave Dayton OH Montgomery
Waste Management, Inc, $1,519,610.00 3415 Township Road 447 Glenford OH Licking
Republic Waste $.00 933 Frank Road Columbus OH Franklin
 
 f. Explain why this contractor was selected.
    Three remediation proposals were submitted to Ohio EPA for consideration. Of the three, the Rumpke proposal was the most detailed and complete. Rumpke estimated a cost of $432,815.25 to remove both the outside and inside material. Ohio EPA is splitting the cleanup into an outdoor and indoor phase. Including an additional amount for contingencies, the waiver amount requested for both phases is $500,000.
 g. Indicate who rated the responses and was involved in the selection of the contractor.
     The Grants and Loan Manager of the Division of Environmental & Financial Assistance and program staff in the Recycling & Litter Prevention Unit and Materials and Waste Management evaluated responses and selected the contractor.
 
2. Provide the following selected contractor information:
Rumpke of Ohio Inc
1932 E. Monument Ave
Dayton,   OH  45402
County: Montgomery
 
3. Contractor's location from which all or most of the contract work will be performed, if different from the
location of principal place of business. (For institutional agencies, cite the location of the institution,
including the city and county, where services are to be performed.)
Good Deeds Recycling
1227 Deeds Ave
Dayton,     45404
4. Institutional agencies only: Is the contractor currently performing services at the institution listed above?No
5. Specify the deliverables of this contract or describe the scope of service(s) to be performed by this contractor.
Collecting, loading, transporting, and disposing of all the outdated/off-spec product located on the grounds. Track materials, coordinate manifests and report the type, quantity, disposal method, and final disposal location of the products removed. The contractor will be paid on a per unit basis. The initial contract of $300,000 to remove outside material includes the contractor's estimated price of $258,562 and a 16% contingency of $41,438.
6. Cite the account category of expense being used for this purchase of service(s).
Account CategorySubobjectAmountNon-Exempt Amount
520 $500,000.00 $500,000.00

 
Total Amounts $500,000.00 $500,000.00
7.
Duration of this contract (beginning and ending dates) within the fiscal biennium.
Beginning Date Ending Date
12/19/2017 06/30/2018
8. Is the contractor already performing work under this contract? No
   
9. Identify all state contracts which the selected contractor has had approved by the Controlling Board
since the beginning of the last fiscal year through this fiscal year to date. Also include contracts approved
for this agency or institutions of higher education.
a. Total number of contracts. 0
b. For each contract list the state agency and the contract amount.
AgencyContract/Agreement AmountFY
10. Contractor Procurement Compliance:
a. Is this contractor in compliance with Buy America? Yes
  Explain: This contractor is located in, operates and provides services within the USA.
   
b. Is this contractor in compliance with Buy Ohio? Yes
Explain: This contractor is located in, operates and provides services within the State of Ohio.
11.
Provide the following employee information: Nationwide Ohio
Total Number of Employees 2833    605   
Percentage of Women 15% 49%
Percentage of Minorities 16% 20%
12. What percent of the work will be done by subcontractors?  10
  If more than 50%, provide the same information for each subcontractor as requested in number 11 above for the contractor.
SubcontractorNationwide
# of Employees
Nationwide
% of Women
Nationwide
% of Minorities
Ohio
# of Employees
Ohio
% of Women
Ohio
% of Minorities
13.  Provide all subsequent renewal schedules (beginning and ending dates) and amounts associated with this contract.

A contract renewal is the exercise of an option to enter into a subsequent contract with a vendor in accordance with renewal provisions specified in a preceding contract.
Beginning DateEnding DateTotal Lease Amount
01/01/2018 06/30/2018 $200,000.00
Explain contract provisions.  The initial contract of $300,000 to remove outside material includes the contractor's estimated price of $258,562 and a 16% contingency of $41,438. Ohio EPA may enter into a second contract or contract amendment for $200,000 to remove the inside material. This amount would include the contractor's estimated price of $174,253 and a 15% contingency of $25,747.