Construction_&_Demolition_Material_Disposal_Specifications.pdf

CONSTRUCTION AND DEMOLITION MATERIAL DISPOSAL SERVICES

SCOPE OF WORK

The City of Bloomington (Collectively “The City”) is soliciting bids from Contractors to take delivery of the construction and demolition material for disposal as defined in this document.

BACKGROUND

The Public Works Department currently collects construction and demolition material at the curb and at the drop off facility located at 402 S East Street. The City services approximately 24,500 households.

The City has up to three (3) loader crews that typically have at least one (1) dump truck and/or rear load packer dedicated to the collection of construction and demolition material. The City also has up to four

(4) knuckle boom loads per day. The approximate yearly amount of construction and demolition material is 4,969 tons. Each dump truck that the City brings holds an average of 8.5 cubic yards (1-3 tons on average), each rear load packer the City brings holds an average of 20 cubic yards (4-6 tons on average) and each knuckle boom load brings and average of 30 cubic yards (2-3 tons on average). The number of trucks can vary depending on the time of year and associated weather events. The City does not accept material generated by contractors or persons for hire.

The City operates Five (5) days per week typically using the following Equipment: One (1) to three (3) dumps trucks per day, one (1) to three (3) rear load packers per day, and one (1) to four (4) knuckle boom loads per day.

Volume of construction and demolition material the City disposed of in the last five (5) years:

Fiscal Year Total Bulk Tons

FY 2020 5,444

FY 2021 3,834

FY 2022 6,459

FY 2023 4,968

FY 2024 3,190

DEFINITIONS

Construction and demolition material is defined as bulky waste and may include items collected in the residential collection program, City-owned buildings, public spaces, and all other items of any kind or nature except hazardous waste as defined by Federal Law, special waste as defined by the State of Illinois, white good, tires, lead/acid batteries, or any other materials which at this time or in the future may not be disposed pursuant to Federal or State statutes, rules, or regulations (Prohibited Material).

Facility – Transfer or landfill location operating with the required Federal, State, and Local permits and meets all EPA and Illinois Environmental Protection Agency regulations and requirements for acceptance, use and disposal of construction and demolition materials.

SPECIFICATIONS

Term:

This Agreement shall remain in full force beginning on May 1, 2025, and in effect until April 30, 2026, unless terminated earlier as provided herein. At the expiration of the initial term, the agreement will automatically renew for up to four (4) additional periods of one (1) year each unless either party gives ninety (90) days written notice to the other prior the expiration date of the original term or any renewal period. All terms, conditions, covenants and agreements set forth herein shall be applicable to any extension or renewal of this Agreement, except that the parties will negotiate in good faith mutually acceptable rates to be paid by the City during any renewal periods.

Disposal Site:

1. Contractor will operate an appropriately licensed Facility within a three (3) mile radius of the intersection of Main and Locust Streets and accept Construction and Demolition material for disposal except for certain hazardous, special and other wastes as set forth in the definitions.

2. The facility must allow city trucks to access the site without traveling along Illinois marked state routes.

3. The facility shall provide a hard surface (concrete or asphalt) drop off location accessible at all times including rain, snow, thawing, and other inclement weather, for the City to dispose of Construction and Demolition material.

4. The Contractor must provide sufficient staff and equipment to keep delays to the disposal collection delivery vehicles to a minimum. The maximum waiting time for any deliverer must not exceed 30 minutes.

5. The Contractor shall operate an onsite certified truck scale capable of recording the Construction and Demolition material delivered to the hundredth of a ton for each load delivered.

6. Contractor shall accept for disposal, Construction and Demolition material from the City at the Facility during the following days and times:

a. Memorial Day through Labor Day: Monday-Friday 6:00am to 2:30pm CST

b. Labor Day through Memorial Day: Monday-Friday 7:00am to 3:30pm CST

7. The City will notify the vendor by 12:00 P.M. the Friday prior when a Saturday is required.

Those hours will be 6:00am-12:00pm CST.

8. The City may need to deliver Construction and Demolition material outside of the normal operating hours, in this case, the City will provide the vendor a two (2) hour notice.

9. Contractor will not be required to be open on the following holidays: Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Day, and MLK Day.

Acceptance by Contractor:

1. Contractor shall accept for disposal, at is Facility all construction and demolition material which the City shall transport to the Facility subject to the exceptions set forth in the bid documents. The Contractor shall immediately notify the City if the Contractor believes the construction and demolition material is contaminated with materials that cannot be processed by the Contractor under their applicable permits. If the City and contractor agree excluded materials are present, the City will remain responsible for proper disposal.

Permits:

1. Contractor is responsible for abiding by all Environmental Protection Agency (EPA) and Illinois Environmental Protection Agency (IEPA) regulations and requirements for acceptance, use, and disposal of the material defined within this bid and maintaining all necessary permits.

2. Contractor must submit copies of all permits relative to this bid with their bid submission.

Compliance with Laws:

1. Contractor shall fully comply with Federal, State and Local Laws, statues, ordinances, rules and regulations which in any manner control, affect or relate to the acceptance of Construction and Demolition material or the ownership, operation and/or maintenance of a Facility in the State of Illinois, its operating permit, and the performances, obligations, operations or conduct hereunder, including all laws, statutes, ordinances, rules and regulations which are subsequently enacted. The City shall have the right to request and receive verification from Contractor of its compliance with the provisions of this paragraph.

Contractor is responsible for abiding by all Environmental Protection Agency and Illinois Environmental Protection Agency regulations and requirements for acceptance, use, and disposal of the material defined within this bid and maintaining all necessary permits, including those required to own, operate and/or maintain the Facility.

Subcontracting:

1. The contractor may not, without the prior written consent of the City, delegate or subcontract the performance of the work to be provided under the Agreement to be executed by the successful bidder, or any portion thereof, which is to be undertaken by the contractor solely.

Default:

1. Either party shall be in default if it fails to perform all or any part of this Agreement.

Specifically, the contractor shall be in default if it refuses to accept delivery of the Construction and Demolition material at any time and/or it does not have the delivery site open during normal business hours for any reason other than those beyond its control, including, but not limited to, acts of God. For purposes of this Agreement, any disruption in service caused or created by the contractor’s failure to obtain proper permits or financial difficulties, including insolvency, reorganization and/or voluntary and involuntary bankruptcy, shall be deemed to be within the contractor’s control and shall constitute an event of default hereunder. If either party is in default, the other party may terminate the Agreement upon giving written notice of such termination to the party in default.

Delivery by the City:

1. The City will deliver Construction and Demolition material for acceptance of disposal to the Facility construction and demolition material collected by the City, its agents, and employees during the term of this agreement. The City will assume responsibility for the collection of Construction and Demolition material generated within the City limits.

City Permits and Licenses:

The City shall obtain and maintain all permits, licenses and approvals required by any regulatory or statutory authority necessary for it to transport Construction and Demolition material to Contractor and will comply with the provisions contained within the Contractor’s operating permit.

City compliance with Rules:

Drivers working for the City will obey posted speed and traffic control signs at the Facility.

Construction and Demolition material will be accepted for disposal at the Facility and in the manner directed by the Contractor’s managers or its supervisors.

Assignment:

In the event that the City discontinues using its own employees to collect the City’s Construction and Demolition material and contracts for all such work with a third party. including the issuance of any franchise therefore, then the City shall assign this Agreement to such contractor or franchisee and shall require such contractor or franchisee to comply with all obligations contained in the Agreement during the remaining term thereof. In such event, Contractor shall charge the City for all Construction and Demolition material delivered by such contractor or franchisee at the same rate as set forth herein. Any such assignment shall not be deemed to be a cause to terminate this Agreement.

Billing and Compensation:

1. The City agrees to pay Contractor the proposed rate set forth herein for each ton of Construction and Demolition material accepted for disposal to the Facility. The rate shall apply regardless of whether the Construction and Demolition material delivered by the City to Contractor is loose or compacted.

2. Whenever the Facility remains open past closing time solely because of a request of the City, the City shall pay Contractor an hourly rate for any actual time the Facility remains open;

provided, however, that this charge shall not be applied if the reason the City requested the Facility to remain open was to dispose of Construction and Demolition material resulting from fires floods, explosion, accidents, weather or Acts of God.

3. At no time during the term of this Agreement, including any renewal term, shall any fine or penalty entered against Contractor for any breach or violation of any Federal, State or Local Law, statue, ordinance, rule or regulation, be passed through to the City.

4. Contractor shall invoice the City of Bloomington for Construction and Demolition material accepted for disposal to the Facility monthly. Invoices must billed to the hundredth of ton based on the onsite certified truck scale and shall list the date of each delivery, total tonnage of each delivery, truck number and City Division Name. The City shall pay only the amount billed and shall not guarantee a minimum monthly payment.

5. All invoices sent to the City of Bloomington by the Contractor, shall be paid within sixty (60) days after approved by the City Council, provided, however, in the event of any dispute as to any invoice, the City of Bloomington will pay the amount that is not in dispute, and will undertake discussions and negotiation with Contractor to resolve any discrepancy or dispute in any invoice, and shall, upon resolution of any discrepancy or dispute, pay said agreed upon amount as soon as reasonably possible. To enable the parties to reach a resolution of any discrepancy or dispute, Contractor shall maintain records indicating, in sufficient detail, dates, truck numbers, amounts, tonnages, etc. including in each invoice and shall make available such records to the City of Bloomington in the event of any discrepancy or dispute concerning any invoice.

Independent Contractor:

It is understood and agreed that Contractor is an independent Contractor.