2027-001 Sand Bid Package.pdf

TOWN OF BETHEL

PURCHASING AUTHORITY

INSTRUCTIONS FOR BIDDERS: SAND BID #2027-001

1. Submit proposals in a sealed envelope plainly marked (SAND BID #2027-001) to identify it properly.

2. Withdrawals of or amendment to bids received later than the time and date specified in the Invitation to Bid will not be considered.

3. The Purchasing Authority of the Town of Bethel reserves the right to accept or reject any or all options, bids or proposals; to waive any technicality in any bid or part thereof and to accept any bid deemed to be in the best interest of the Town of Bethel.

4. Bidders may be present at the opening of bids in person or via Google Meet.

5. Bids shall be held by the Town of Bethel for a period not to exceed thirty (30) days from the date of opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders prior to awarding the contract.

6. Bids must be submitted on the Purchasing Proposal and Acceptance of Specifications

Form attached as Schedule “A”. All items must be completed in full. Failure to comply with this requirement will automatically void the bid.

7. The Contractor shall maintain worker’s compensation insurance pursuant to Connecticut law; and other types insurance if applicable including but not limited to automobile insurance and other commercial liability insurance including injury to person, including death, and injury to property, and umbrella liability coverage in such amounts satisfactory to the Town of Bethel as set forth in Schedule “B”; and shall provide the Town of Bethel with a certificate of insurance naming the Town of Bethel as an additional insured within five (5) business days after notification of the awarding of the bid and prior to execution of the contract. Such certificates shall be reviewed and approved by the

Town’s Insurance Agent both as to form and coverage i.e., type of insurance, amounts, and form of certificate. All subcontractors and agents of the Contractor shall be required to maintain the same types of insurance coverage unless waived by the Town of Bethel.

8. The Contractor shall indemnify and hold the Town of Bethel harmless from and against all losses from any claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against the Town by reason of any negligent act or omission by said Contractor, its subcontractors, employees, and agents as a result of these bid specifications and/or Contractor’s agreement with the Town. Said indemnification shall include any and all costs and attorney’s fees incurred by the Town of Bethel in defending or litigating any such claims, demands of every such nature and description as a result of Contractor’s acts or omissions.

9. If the materials are not suitable/acceptable, the Town of Bethel will require prompt replacement of defective material and removal of defective (not meeting specifications) material. Contractor shall bear all direct, indirect, and consequential costs in making said correction(s), including removal and replacement of defective materials, in addition to attorney fees and other costs incurred by the Town of Bethel regarding the Contractor’s failure to comply with these bid specifications and/or agreement with the Town of Bethel.

10. The material (sand) must meet the requirements of the Sand Specifications provided in the

Invitation to Bid, and are subject to the approval of the Public Works Director and/or

Highway Superintendent.

11. A sample of the sand to be provided under this contract shall be made available to the

Town’s Highway Superintendent for inspection, preferably via a site visit to the bidder’s material storage yard, for the purposes of evaluating the bid prior to awarding the contract.

12. The Town of Bethel is exempt from Connecticut Sales Tax.

13. The contract with the successful bidder shall include the required contract terms included in the attached Schedule “C”. These terms are not an exhaustive list of terms and conditions that may comprise the final contract.

Schedule “A”

TOWN OF BETHEL

PURCHASING AUTHORITY

DRY SCREENED SAND

Pricing Proposal and Acceptance of Specifications

The undersigned as bidder, declares that they carefully examined and understand the specifications and instructions to bid, which they accept as sufficient for the purpose intended.

As such, the undersigned hereby submits the following bid to the Town of Bethel:

Dry screened sand** delivered $________________ per ton

Minimum delivery amount ________________

Furthermore, the undersigned accepts without exception the terms and conditions set forth in the sand specifications included in the Invitation to Bid.

Full Legal Name of Firm: ________________________________________________________

Address: ______________________________________________________________________

By: _______________________________________

Signature of Authorized Representative

Title: ___________________________________

Phone: ___________________________________

Email: ___________________________________

Date: ___________________________________

** Note: Sand must meet state standards and specifications provided in the Invitation to Bid

Sand Specifications

1) Contract period shall commence on the date of the bid award and continue through April 15, 2027.

2) Amount of sand is estimated at approximately 4,000 to 6,000 cubic yards, plus or minus.

3) Dry Screened Sand. The sand shall have hard, strong, sharp durable grains processed in nature. The material shall be free of clay, silt, shale, lumps or soft and flaky particles that in the opinion of the Public Works Director or his designee would make the material unsuitable for road de-icing purposes.

Absolutely no frozen material will be accepted.

Limestone sand products are not acceptable.

Sand shall have the following gradation:

Sieve Designation Percent Passing by Weight 3/8 inch* 100

No. 4 75 - 100

No. 8 40 – 90

No. 16 20 - 75

No. 30 10 – 50

No. 100 2 - 15

No. 200 0 – 3

*Note - use 3/8" by 3/8" screen.

Moisture content of sand tested or delivered shall not exceed 2.5%

Any material delivered not meeting the gradation listed above shall be removed and replaced at the Contractor’s expense.

4) Regular deliveries are to be made weekdays between the hours of 7:00 a.m. and 3:30 p.m.

During emergency situations, deliveries can be made from 7:00 a.m. to 7:00 p.m. seven days a week. The town will generally order in amounts of 600-ton increments. The supplier shall provide the material within 5 working days of requested delivery by the town. Company supplying sand shall deliver sand at the minimum rate of 120 tons per day.

5) The material shall be delivered at the direction of the Highway Superintendent. A sample of the sand to be provided under this contract shall be made available to the Town’s

Highway Superintendent for inspection, preferably via a site visit to the bidder’s material storage yard, for the purposes of evaluating the bid prior to awarding the contract.

6) Each load shall be accompanied by a valid weight slip indicating gross weight, tare weight, and net weight.

7) All weight tickets must be generated by third party certified scale.

8) The successful bidder shall certify to the Town of Bethel that said bidder is the sole supplier of the material delivered. In such cases where the successful bidder is not the sole supplier, the Town will require waivers of lien from the secondary suppliers prior to authorizing payment for said material. Should the successful bidder intend to use subcontractors or other material suppliers, the successful bidder shall submit a list with the names and addresses of any such subcontractors or other material suppliers within five (5) business days of notification of the awarding of bid and prior to commencement of any work and supplying of any materials.

9) Terms of payment: Invoices submitted for payment will be paid as soon as reasonably possible but in no event beyond thirty (30) days unless formal objection is made by the Town of Bethel.

Schedule “B”

SAND BID # 2027-001

INSURANCE REQUIREMENTS

The following Insurance Requirements will be incorporated into the final contract. Insurance coverage, limits, exclusions, endorsements and insurers are subject to review and approval of the Town.

Contractor and Town agree to the Insurance Requirements set forth in this Schedule “B”.

Prior to the commencement of the work, and until final completion and acceptance of the work, the CONTRACTOR shall procure and maintain the following types of insurance and maintain all insurance coverage for the life of the CONTRACT, from an insurance company or companies with an A.M. Best Rating of A- (IX) or better. Such insurance will protect and indemnify the Town

Indemnified Parties from all claims which may arise out of or result from the CONTRACTOR’s obligations under this agreement, whether caused by the CONTRACTOR or by a subcontractor or any person or entity directly or indirectly employed by the CONTRACTOR or by anyone for whose acts said CONTRACTOR may be liable.

Insurance certificates provided hereunder are subject to the approval of the Town’s insurer whom shall be the final arbiter of whether the insurance is acceptable and meets the requirements as to coverages, insurer rating, endorsements, exclusions, and other applicable terms. as they pertain to the Contract and scope of the work.

As to the insurance required, the insurer(s) and/or their authorized agents shall provide the Town of Bethel with certificates of insurance prior to commencement of the work, describing the coverage and providing that the insurer shall give Town of Bethel written notice at least ten (10) days in advance of any termination, expiration or changes in coverage.

A. Workers Compensation: The CONTRACTOR shall provide workers compensation and employer’s liability insurance that complies with the regulations of the State of Connecticut with limits no less than $1,000,000 each accident by bodily injury; $1,000,000 each accident by disease and a policy limit of $1,000,000. Such policy shall contain a waiver of subrogation/ “right to recover from others endorsement” in favor of the TOWN.

In addition to any other requirements related to worker’s compensation insurance, if

CONTRACTOR is a sole proprietor, a single member limited liability company or otherwise has no employees, CONTRACTOR shall maintain Worker’s Compensation Insurance as if it were an

“employer” as such term is defined in and in accordance with Connecticut’s General Statutes

B. Commercial General Liability Insurance: The CONTRACTOR shall provide commercial general liability insurance policy that includes products, operations and completed operations as follows: Bodily injury & property damage with an occurrence limit of $1,000,000: Personal & advertising injury limit of $1,000,000 per occurrence: General aggregate limit of $2,000,000 (other than products and completed operations): Products and completed operations aggregate limit of

$2,000,000.

Such coverage will be provided on an occurrence basis and will be primary and shall not contribute in any way to any insurance carried by the Town of Bethel. Such Policy shall name the Town of

Bethel as an Additional Insured with respect to claims arising out of the Contractor’s negligence or for the negligence of those for whom the Contractor is responsible, by endorsement, ISO Forms

CG2010 and CG 2037 or their equivalent.

In addition, such policy shall contain a broad form contractual liability endorsement or similar wording within the policy form, if applicable.

C. Commercial Automobile Insurance: The CONTRACTOR shall provide commercial automobile insurance for any owned and/or leased autos in the amount of $1,000,000 each accident covering bodily injury and property damage on a combined single limit. Such coverage shall also include hired and non-owned automobile coverage.

D. Umbrella Liability Insurance: The CONTRACTOR shall provide commercial umbrella liability with limits no less than $5,000,000 each occurrence and $5,000,000 in the aggregate, without restriction or limitation, providing coverage over items (A), (B), (C), as noted above on a primary and non-contributory basis.

The TOWN OF BETHEL shall be named as an additional insured on a primary and non-contributory basis as required for the Commercial General Liability Insurance, Commercial

Automobile Insurance and Umbrella Liability Insurance.

Said policies shall not be cancelled or permitted to lapse until final completion and approval of the performance of the work until thirty (30) days after the TOWN has received written notice, by certified or registered mail, that the cancellation or change of such policy is contemplated.

LIMITATION OF LIABILITY OF ANY FORM BY THE CONTRACTOR IS

EXPRESSLY FORBIDDEN. IT’S EXPECTED THE CONTRACTOR WILL EXPOSE

THE FULL LIMITS UNDER THEIR INSURANCE POLICIES – THESE ARE ONLY THE

MINIMUM REQUIREMENTS TO DO BUSINESS WITH THE TOWN.

The CONTRACTOR shall advise all their insurers of the CONTRACT provisions regarding insurance. The failure of the CONTRACTOR to notify insurers of the CONTRACT provision shall not relieve the CONTRACTOR from its insurance obligations under the Agreement. Non-fulfillment of the insurance provisions shall constitute a breach of this agreement and the TOWN retains the right to stop work until proper evidence of insurance is provided.

Schedule “C”

SAND BID # 2027-001

REQUIRED CONTRACT TERMS AND CONDITIONS

The following required additional terms and conditions will be incorporated into the

Contract with the successful bidder. This is not an exhaustive list of contract terms that may comprise the final contract.

A. INDEMNIFICATION

The CONTRACTOR agrees that it shall indemnify, defend and hold harmless the TOWN, OF

BETHEL, its officials, officers, employees, officers, officials, agents, volunteers, independent contractors and designees, including any of the foregoing sued as individuals (“Town Indemnified

Parties”), to the fullest extent permitted by law from and against any and all proceedings, suits, actions claims, suits, actions, obligations, liabilities, damages, awards, judgments, losses or injury

(including the resulting death of a person), penalties, and expenses (including reasonable attorneys' fees) arising out of or relating, directly or indirectly, to the CONTRACTOR’S malfeasance, misconduct, negligence or failure to meets its obligations under the RFP/RFQ or the Contract, which obligations shall survive the termination or expiration of the Contract. This indemnification obligation expressly applies to CONTRACTOR and its employees, agents, subcontractors, representatives or any other person, firm or individual under its authority or control Nothing in this section shall obligate the CONTRACTOR to indemnify the Town Indemnified Parties against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of the Town Indemnified Parties.

The Town of Bethel is a municipal agency of the State of Connecticut. The Town of Bethel, will not defend, indemnify or hold harmless the CONTRACTOR.

In any and all claims against the Town Indemnified Parties made or brought by any employee of the CONTRACTOR, or anyone directly or indirectly employed or contracted with or by the

CONTRACTOR, or anyone for whose acts or omissions the CONTRACTOR is or may be liable, the CONTRACTOR’S obligations under this Section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by the CONTRACTOR under worker’s compensation acts, disability benefit acts, or other employee benefits acts.

The CONTRACTOR shall also be required to pay any and all attorney’s fees incurred by the Town

Indemnified parties in enforcing any of the CONTRACTOR’S obligations under this Section, which obligations shall survive the termination or expiration of the RFP and the Contract.

B. COMPLIANCE WITH IMMIGRATION LAWS

The CONTRACTOR agrees and warrants that it, and any sub-CONTRACTOR engaged for purposes of this Contract, will comply with and abide by all statutes, laws and regulations pertaining to immigration.

The CONTRACTOR shall defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers and independent CONTRACTORs, including any of the foregoing sued as individuals (collectively, the “Town Indemnified Parties”), against any and all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including fines, penalties, punitive damages, attorney’s fees and costs, brought or assessed against, or incurred by, the Town Indemnified Parties related to or arising from the obligations under the

Immigration Reform and Control Act (“IRCA”) imposed upon the CONTRACTOR or its subcontractor. The CONTRACTOR shall also be required to pay any and all attorney’s fees and costs incurred by the Town Indemnified Parties in enforcing any of the CONTRACTOR’s obligations under this provision, whether or not a lawsuit or other proceeding is commenced, which obligations shall survive the termination or expiration of the contract

C. NON-DISCRIMINATION

The CONTRACTOR agrees and warrants that it, and any subcontractor engaged for purposes of this Contract, will comply with and abide by all statutes, laws and regulations and executive orders pertaining to non-discrimination. Non-Discrimination contract language will be included in the contract and will read, in part, the following:

The CONTRACTOR agrees and warrants that in the performance of the contract such

CONTRACTOR will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such

CONTRACTOR that such disability prevents performance of the work involved.

In addition, the CONTRACTOR further certifies that it is an affirmative action employer meeting both in policy and practices the principles of the Affirmative Action Program.

D. STANDARD OF PERFORMANCE, TERMINATION

CONTRACTOR will perform the services described in this contract using that degree of skill and care ordinarily exercised under similar conditions by similar companies performing the same services in a town-owned facility setting. CONTRACTOR shall comply with all applicable federal, state, and local laws, rules and regulations in performing the services.

In the event the Town determines that the services are not being performed satisfactorily, in its discretion the Town may send notice to the manager assigned to the Town’s account or request a meeting, at which the Supervisor and Manager will be present to review and discuss the deficiency and to determine aa acceptable plan to cure the deficiency(s). If the performance deficiency continues to such an extent that it is a concern to health and safety or building security, Town may terminate the contract. Upon such termination, the Town will pay for the value of the product received and accepted as satisfactory pursuant to the sand specifications, up until date of termination. In the event of continued sub-standard sand product, failure to perform delivery services, or disregard of town policies, the Town may terminate this contract after giving written notice of default and failure to cure within thirty days of said notice by the CONTRACTOR. For purposes of this section, notices shall be given to the addresses for CONTRACTOR on the first page of this Contract by certified mail, return receipt requested and by email.

In the event the Town is not making timely payments to CONTRACTOR or is otherwise in default under the terms of the contract, CONTRACTOR may terminate the contract after giving written notice of default and failure to cure within thirty days of said notice by the Town. For purposes of this section, notices shall be given to the addresses for the Town on the first page of this Contract by certified mail, return receipt requested and by email to Director, Bethel Public Works

Department.

E. INDEPENDENT CONTRACTOR

The CONTRACTOR in the contract to which this Exhibit is attached is an independent contractor.

Neither CONTRACTOR, nor its employees, agents or subcontractors are to be construed as the agents, servants, partners, joint venturers, or employees of the Town.

F. SUB-CONTRACTING

Prior to entering into any subcontract agreement(s) for the work described in the Contract, the

CONTRACTOR shall provide the Town with written notice of the identity (full legal name, street address, mailing address, if different from street address, and telephone number) of each proposed subcontractor. The Town shall have the right to object to any proposed subcontractor by providing the CONTRACTOR with written notice thereof within seven (7) business days of receipt of all required information about the proposed subcontractor. If the Town objects to a proposed subcontractor, the CONTRACTOR shall not use that subcontractor for any portion of the work described in the contract.

All permitted subcontracting shall be subject to the same terms and conditions as are applicable to the CONTRACTOR. The CONTRACTOR shall remain fully and solely liable and responsible to the Town, for the performance of the work described in the contract. The CONTRACTOR also agrees to promptly pay each of its subcontractors within thirty (30) days of receipt of payment from the Town or otherwise in accordance with the law. The CONTRACTOR shall assure compliance with all requirements of the contract. The CONTRACTOR shall also be fully liable and solely responsible to the Town for the acts and omissions of its subcontractors and of persons employed, whether directly or indirectly, by its subcontractor(s).

G. COOPERATION

Contractor and Town agree to execute any documents part of or reasonably related to the Contract that may have been inadvertently omitted or whose missing signature was not detected. Contractor also agrees to initial or sign a document when requested to correct a clerical error or omission that may be necessary to meet statutory contract compliance requirements. Contractor and Town will cooperate to correct said errors or omissions within ten (10) days of receipt of request from the other party.

H. TERMINATION WITHOUT CAUSE

The TOWN may terminate this CONTRACT at any time without cause by giving thirty (30) days written notice to CONTRACTOR. As soon as practicable after receipt of a written notice of termination without cause, CONTRACTOR shall submit a statement to the TOWN showing in detail the Services performed under this CONTRACT through the date of termination. In the event of termination without cause pursuant to this Section, TOWN agrees to: (i) pay CONTRACTOR a pro rata amount of the purchase price for Services rendered through the termination date based on percentage of completion of the services; and (ii) pay CONTRACTOR any reasonable and unavoidable additional costs and expenses which CONTRACTOR incurs or becomes obligated for prior to the effective termination date and/or as a result of such termination. The forgoing payment obligation is contingent upon CONTRACTOR having provided TOWN with written documentation adequate to verify the above payments to CONTRACTOR for such termination.

I. GOVERNING LAW; SEVERABILITY, ASSIGNMENT

The CONTRACT between the CONTRACTOR and the TOWN as set forth herein shall be governed by and enforceable in accordance with the law of the State of Connecticut. The

CONTRACTOR consents to personal jurisdiction in Connecticut. The provisions of this

CONTRACT are severable. The invalidity of any part of this CONTRACT shall not invalidate the remainder of any portion hereof. Neither the TOWN nor the CONTRACTOR shall assign any aspect of the CONTRACT between the TOWN and the CONTRACTOR except upon the prior written consent of the other party.

J. COMPLIANCE WITH LAWS

The Contractor shall comply with all laws, ordinances, rules, regulations, orders and codes of public authorities applicable to the performance of the Work.

K. WAIVER

Failure to insist upon strict compliance with any terms, covenants or conditions hereof will not be deemed a waiver of such terms, covenants or conditions, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time.

L. SEVERABILITY OF CONTRACT

The provisions of this contract are severable. Should any term or provision of the Contract, including addenda attached thereto, be deemed to be invalid, illegal, or otherwise unenforceable for any reason, it shall not render the Contract or its remaining constituent parts illegal, invalid or unenforceable, and the provisions(s) shall be revised only to the extent necessary to remove the illegal or unenforceable verbiage, and all remaining provisions shall continue in full force and effect.

M. CONTRACT FREELY NEGOTIATED

The Contractor and Town acknowledge and agree that the Contract has been freely negotiated by both parties, and that, in any dispute over the meaning, interpretation, validity or enforceability of the Contract or any of its terms or conditions, there shall be no presumption whatsoever against either party by virtue of that party having authored the Contract or any portion thereof.

N. GOVERNING LAW, ASSIGNMENT, CONFLICT

The Contract between the Contractor and the Town as set forth herein shall be governed by and enforceable in accordance with the laws of the State of Connecticut. The Contractor consents to personal jurisdiction in Connecticut. The invalidity of any part of this Contract shall not invalidate the remainder of any portion hereof. Neither the Town nor the Contractor shall assign any aspect of the Contract between the Town and the Contractor except upon the prior written consent of the other party.

O. TITLES IN CONTRACT

The titles of the Articles in the Contract and bold lettering are for ease and reference only and shall not be relied upon or cited for any other purposes.

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