00 21 13 - Request for Proposals.pdf

00 21 13 – REQUEST FOR PROPOSALS

Herbert, Rowland & Grubic, Inc. 00 21 13 - 1 009388.0426

REQUEST FOR PROPOSALS

EAST VINCENT TOWNSHIP, SPRING CITY, PA

2027 VETERANS CENTER WWTP SLUDGE HAULING CONTRACTS

The East Vincent Township (Owner) hereby makes notice that it is seeking a qualified Contractor to provide services related to waste hauling of the Owner’s Liquid and Dewatered Sludge at the Owner’s Wastewater Treatment Plant (WWTP).

Intent

The Owner is providing this Request for Proposals (RFP) in order to enter into a Contract with a qualified Contractor and obtain either a two-year or three-year Contract for full services to haul the Owner’s liquid and Dewatered Sludge produced from the Owner’s WWTP. Responses to this RFP will be used to determine the most qualified Contractor to which the Owner could Contract each of these services.

This RFP provides potential Contractors with instructions for submitting proposals, a Scope of Work with general specifications, Contractor selection criteria, and a basic description of the Contract. The Proposal submitted by the Contractor shall address all of the information outlined herein. Additionally, each prospective Contractor at its discretion shall include in its Proposal such other information deemed necessary for the proper evaluation of the Proposal and/or for providing a complete and successful Contract.

Scope of Work

Proposals will be received for the following Contracts:

Contract No. 0426-2027-A1 Veterans Center WWTP Liquid Sludge Hauling Contract No. 0426-2027-A2 Veterans Center WWTP Dewatered Sludge Hauling

The Projects include in general the following Work:

Contract No. 0426-2027-A1 Veterans Center WWTP Liquid Hauling

1. Regularly scheduled hauling, processing and disposal of liquid sludge generated at the Veterans Center WWTP during any one calendar year

2. Emergency hauling of raw wastewater from Veterans Center WWTP to a permitted wastewater treatment facility chosen by the Contractor during any one calendar year on an emergency basis

Contract No. 0426-2027-A2 Veterans Center WWTP Dewatered Sludge Hauling

1. Regularly scheduled hauling and disposal of aerobically digested, dewatered sludge generated at the Veterans Center Wastewater Treatment Plant (WWTP) during any one calendar year. Disposal shall be in a landfill or by land application in accordance with all applicable state and federal rules and regulations.

Eligible firms are invited to bid on either or both of the 2027 Veterans Center8 WWTP Sludge Hauling Contracts. One contract will be awarded for each of the projects described above. Note: Bids for Contract 0426-2027-A1 must include both (1) Regularly Scheduled Liquid Sludge Hauling from the Veterans Center WWTP and (2) Emergency Hauling of Raw Wastewater from the Veterans Center WWTP to be eligible for

Herbert, Rowland & Grubic, Inc. 00 21 13 - 2 009388.0426 contract award. The unit price bids for each item shall include any and all costs including, but not limited to, straight-time labor, over-time labor, fuel, materials, supplies, equipment, permits, facilities, disposal fees and appurtenances necessary to appropriately, in accordance with federal and state regulations, haul, use, process and/or dispose of sludge and raw wastewater. No additional fees or surcharges above the single unit price bid per item will be paid by the township.

The Veterans Center WWTP is estimated to generate approximately 260,000 gallons of liquid sludge per year with an approximate concentration of 1.5% solids. The emergency hauling of raw wastewater from the Veterans Center WWTP is rarely necessary. The response time for emergency hauling of raw wastewater from the Veterans Center WWTP is four (4) hours.

The Veterans Center WWTP is estimated to generate approximately 160 wet tons per year of dewatered sludge having a concentration of approximately 20% solids.

The Contract length is two (2) years with an option to extend the contract an additional year on mutually acceptable terms.

General

The Contractor, under the terms of this Contract, shall provide all labor, materials, supplies, equipment, vehicles, and transportation which are necessary and required for the execution of work under the Contract.

Permits

The Contractor shall obtain and maintain all necessary permits and/or approvals from the appropriate local, county, state or federal agencies for the transportation of the biosolids and waste.

Safety Requirements

The Contractor shall be responsible for maintaining the safety of his operations. He shall perform his work in such a manner to ensure the safety of the Owner’s equipment, properties, and all personnel at the WWTP site. He shall also be responsible for the safety of his equipment and personnel.

Spillage and Site Cleanliness

The Contractor is responsible to comply with all Federal, State, and Local regulations regarding spills and site cleanliness and, in particular, the Contractor specifically agrees that he is solely and completely responsible for cleaning, at his expense, any spills that may occur during the process of transporting the liquid or dewatered sludge from the Owner’s WWTP to disposal sites. The spills that do occur must be immediately cleaned up and the affected area disinfected as required.

Work Hours

Regularly scheduled liquid and dewatered sludge hauling shall be performed during regular working hours. Regular working hours are 9:00AM to 3:00PM.

Herbert, Rowland & Grubic, Inc. 00 21 13 - 3 009388.0426

Bid Security

This Proposal Guaranty shall be 10% of the total Proposal amount and shall be either a certified check drawn on a bank or trust company satisfactory to the Owner, or a Bid Bond, duly executed by the bidder as principal, and having as surety thereon a surety company approved by the Owner.

In the event any bidder shall, upon the award of the contract to him, fail to execute the contract or comply with the requirements hereinafter stated, the full amount of the Bid Bond or certified check shall be forfeited to the Owner as liquidated damages (not a penalty). The Proposal Guaranty of all bidders will be returned upon execution of the Contract.

Emergency Programs

Proposals shall include the Contractor’s 24-Hour Emergency Contact List.

Bidding Communications

Any inquiries or questions regarding this RFP shall be submitted and responded to on PennBID. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all Bidders on PennBID. Verbal or written responses to questions shall not be considered binding.

Evaluation Criteria

The Owner will evaluate the submitted Proposals based on specific criteria and will select the Bidder deemed to be in the best interest of the Owner. Proposal evaluation criteria will include, but not necessarily be limited to, the following:

1. Ability to safely perform the required services as specified.

2. Pricing of services

3. Satisfactory completion of the Proposal and inclusion of all required documentation

Contract Award

The Owner will award the Contract to the most responsible Bidder as identified by evaluation under the defined criteria. The Bid amount quoted on Bid Form and Agreement will be reviewed.

If necessary, the Owner reserves the right to waive minor errors or discrepancies within Proposals. The Owner reserves the right to reject any or all Proposals, in whole or in part, and is not bound to accept the Proposal having the lowest cost of services if that Proposal is not considered to be in the best interests of the Owner. The Contract will be awarded within 60 days of the date on which Proposals are opened.

Proposal Understanding

By submitting a Proposal, the Contractor confirms that the specifications and this RFP are understood and adequate, and that the Contractor accepts the terms and conditions therein.

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Cost Proposal

The Contractor shall provide costs for as described and provided in the Bid Form and Agreement Documents. Costs shall be developed in sufficient accordance with the defined Scope of Work and Contract provisions described herein.

Proposal Submission

Sealed Proposals shall be accepted online via the PennBID Program no later than the due date and time noted in the Advertisement. The Request for Proposals (RFP) and all necessary Proposal documentation, as well as solicitation details may be viewed and are available at no cost online by registering at https://pennbid.bonfirehub.com. Following registration, complete sets of the RFP may be downloaded as portable document format (PDF) files. The date that the RFP is transmitted via PennBID will be considered the Bidder’s date of receipt of the RFP. Proposals received after the due date and time noted in the Advertisement will not be accepted. Faxed and emailed proposals will not be accepted.

General Terms and Conditions

Contract Documents

The Contract entered into by the parties shall consist of this RFP, the executed Proposal submitted by the Awarded Contractor, and a purchase order or letter of agreement from the Owner.

Contract Modification and Amendment

The parties may adjust the specific terms of the Contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any modification or amendment proposed by the Awarded Contractor must be submitted in writing to the Owner.

Modifications or amendments must be agreed upon in writing and signed by both parties.

Contract Validity

In the event one or more clauses of the Contract are declared invalid, void, unenforceable or illegal, the validity of the remaining portions of the Contract shall remain in force and unaffected.

Cancellation/Termination

If the Awarded Contractor fails to provide personnel, supplies, or equipment to the satisfaction of the Owner, or in any other way fails to provide services in accordance with the Contract terms, the Owner may take whatever action it deems necessary to provide alternate services and may, as its option, immediately cancel the Contract with written notice. The Owner may terminate the Contract(s) between the Awarded Contractor without cause by giving a 60 day advance written notice to the other party.

Clarification of Responsibilities

If the Awarded Contractor needs clarification of the terms of the Contract, it is the Awarded Contractor’s responsibility to obtain written clarification or approval from the Owner.

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Litigation

The Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

Assignment

Neither party of the Contract shall assign the Contract without the prior written consent of the other, nor shall the Awarded Contractor assign any money due or to become due without the prior written consent of the Owner.

Independent Contractor

Whether the Awarded Contractor is a corporation, partnership, other legal entity, or an individual, the Awarded Contractor is an independent Contractor. If the Awarded Contractor is an individual, the Awarded Contractor’s duties will be performed with the understanding that the Awarded Contractor is a self-employed person, has special expertise as to the service which the Awarded Contractor is to perform, and is customarily engaged in the independent performance of the same or similar services for others. The manner in which the services are performed shall be controlled by the Awarded Contractor; however, the nature of the services and the results to be achieved shall be specified by the Owner. The Awarded Contractor is not to be deemed an employee or agent of the Owner and has no Township to make any binding commitments or obligations on behalf of the Owner except as expressly provided herein.

Indemnification

The Awarded Contractor agrees to be responsible for, and to protect, save harmless, and indemnify the Owner, its employees, and its agents from and against all loss, damage, cost and expense (including attorney’s fees) suffered or sustained by the Owner for which the Owner may be held or become liable by reason of injury (including death) to persons or property or other causes whatsoever, in connection with the operations of the Awarded Contractor or any subcontractor under this agreement.

Insurance and Bonding

Throughout the full term of the service Contract, the Awarded Contractor shall maintain the following insurance at a minimum:

Insurance Policy Policy Limits of Not Less Than:

Commercial General Liability General Aggregate

Pollution Liability Pollution Policy

$2,000,000

Herbert, Rowland & Grubic, Inc. 00 21 13 - 6 009388.0426

Insurance Policy Policy Limits of Not Less Than:

Automobile Liability Bodily Injury – Each Person $1,000,000 Bodily Injury – Each Accident $1,000,000 Property Damage – Each Accident

$1,000,000

Professional Liability General Aggregate

Workers’ Compensation Statutory

The Insurance policy shall be valid for the entire Contract term. Upon agreement by the Owner and the Awarded Contractor, insurance coverages may be adjusted as the term progresses if warranted by inflation or a change in site conditions, regulations, etc.

Insurance certificates shall be provided by Contractors with their Proposal. The insurance shall include the Owner and Contractor as named insureds.

Contractor shall furnish to the Township, within fifteen (15) days from the Notice of Intent to Award the Contract, an executed performance bond in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract. The bonds must remain in effect until one year and shall be renewed annually throughout the term of the Contract.

All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S.

Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts.

If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above.

If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16.

Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity.

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Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity.

Performance Terms and Conditions

Contract Term The term of the Contract shall be two-years or three-years from the effective date, January 1, 2027.

Employees All persons employed to perform these services shall be employees of the Awarded Contractor and shall be well trained in the work necessary to provide full services of hauling work as described for each Contract in this Section 00 21 13 and Section 00 41 16. The Awarded Contractor shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the Owner.

Nondiscrimination and Workplace Safety The Awarded Contractor agrees to abide by all federal, state and local laws, rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws, rules or regulations may result in termination of the Contract.

Equipment and Supplies All equipment and supplies required to carry out operations within the scope of the Contract shall be provided by the Awarded Contractor. The Owner shall not be responsible for providing equipment and/or supplies for the Work. Equipment must be maintained in good operating condition and must conform to OSHA and any other safety standards in effect at the time of use.

All Work will be in accordance with local ordinances as well as all applicable county, state, federal and/or regulatory agency laws and regulations.

Pricing Terms Any unit cost for the construction work under Contract(s) 2027-A1 and 2027-A2 shall be a fixed unit cost for the entire duration of the contract option selected by the Owner.

The unit price bids for each item shall include any and all costs including, but not limited to, straight-time labor, over-time labor, fuel, materials, supplies, equipment, permits, facilities, disposal fees and appurtenances necessary to appropriately, in accordance with federal and state regulations, haul, use, process and/or dispose of sludge and raw wastewater. No additional fees or surcharges above the single unit price bid per item will be paid by the township.

Payments

Payment will be made to the Awarded Contractor (upon submittal of an invoice to the Owner) within 30 days of the invoice submitted by the Contractor and at a maximum interval of once per month, provided that the invoice matches the work seen, executed, and documented for the month.