IFB 18-127 Sludge Hauling and Disposal.pdf

IFB #DPW 18-127

Date: 04/27/2018

Town of Amherst

Invitation For Bid [IFB]

The Town of Amherst Town Accountant's Office

Town Hall 4 Boltwood Ave

Amherst, Massachusetts 01002

Bid documents submitted (in triplicate) by all bidders shall be enclosed in outer and inner envelopes, both of which shall be sealed and clearly labeled with the words:

BID DOCUMENTS: IFB #DPW 18-127

CONTRACT FOR LIQUID SLUDGE HAULING & DISPOSAL

Bids shall be submitted no later than 2:00PM on Tuesday, May 15, 2018 and can be mailed or delivered to:

Town Accountant’s Office

Town Hall

Amherst, MA 01002

PART 1.

Purchase Description

The Town of Amherst, as Awarding Authority, invites SEALED BIDS for the procurement set forth below:

Liquid sludge hauling and disposal from the Town's wastewater treatment plant at 100 Mullins Way in Hadley, Massachusetts.

Contractor shall furnish all labor and equipment necessary to receive pumped thickened sludge from facility holding tanks into a tanker truck for transport to a licensed facility for disposal.

Sludge will typically be hauled two to three (2-3) times each day Monday through Friday. The Town generates an estimated 1100 tons per year, with a solids concentration typically ranging from 6-8%. The number of gallons transported shall be based upon the useable volume of the tanker truck employed to transport the sludge. Tanker trucks shall be empty upon arrival at the treatment plant and full upon departure.

It is expected that the first tanker will arrive to be loaded between 7:00AM and 7:15AM; the last tanker will arrive no later than 2:15PM. The contractor will keep the facility informed if any unforeseen issues, such as equipment breakdowns, inclement weather and traffic delays, arise during the work day that will impact the removal schedule for the day.

Contractor shall be paid monthly. Each invoice shall include a log of each load transported from the treatment plant listed by date, including the manifest/ticket number, the number of gallons transported, the percent solids, and the number of dry tons.

The Town will award one (1) contract for one (1) year, with one (1) optional one-year (1yr) renewal.

Rule for Award A contract will be awarded to the responsive and responsible bidder offering the lowest total price.

PART 2.

Bid Submission Terms and Requirements

2.1 Bids will be publicly opened and recorded at date and time ("the bidding deadline") and at the place, as follows:

DATE: Tuesday, May 15, 2018

TIME: 2:00PM

PLACE: Town Accountant's Office in the Town Hall

2.2 Security deposits will be required in the form of a Bid Bond, certified check, or cashier's check, from a responsible bank, trust company, or insurance institution, in the amount of N/A percent (n/a%) of the total bid price, payable to the Town of Amherst. Should any bidder to whom an award is made fail to enter into a contract with the Town within ten

(10) business days after the award is mailed to the bidder, or fail within such time to furnish a performance bond as required, the amount of the bid deposit so received from such bidder shall become the property of the Town as liquidated damages for such failure.

Thereafter the Town may proceed to award the contract to the next responsible and responsive bidder.

2.3 The successful bidder will be required to furnish a performance bond in the amount of

N/A percent (n/a%) of the contract award, not later than n/a (n/a) working days after the award notification. Bonds will be for one (1) year and shall be renewed annually at the Contractor's expense.

2.4 A Pre-Bid conference will be held on N/A at n/a. All bidders are invited to attend.

2.5 Wherever applicable, the conditions of Employment and Prevailing State Wage Rate, as set forth by the Massachusetts Department of Labor and Industries, as contained in specifications, shall prevail in the execution of work under this contract.

2.6 The Town of Amherst reserves the right to reject any and all bids in whole or in part, and to waive informalities, when at its sole discretion is deemed to be in the best interests of the Town and to the extent permitted by law.

2.7 Bids shall be evaluated based on responsiveness to the criteria, terms and conditions contained in this IFB and its attachments. Failure to follow the instructions, meet the criteria, or agree to the terms and conditions contained in this IFB may be cause for rejection of the bid as non-responsive.

2.8 All bids shall be submitted to the Town, as and where set forth above, on or before the bidding deadline. Bids and unsolicited amendments to bids received by the Town after the bidding deadline will not be considered, and requests for extensions of time will not be granted. Bidders who mail bids should allow sufficient time for receipt by the Town by the bidding deadline. Bid received after the bidding deadline will be returned to the bidder unopened.

2.9 All bids shall be signed in ink by the bidder. If the bidder is a corporation, the authority of the individual signing shall be endorsed upon, or attached to, the bid and certified by the clerk of the corporation.

2.10 All bids submitted shall be binding upon the bidder for a minimum period of thirty (30) calendar days following the opening of bids.

2.11 The contract will be awarded within 30 days after the bid opening unless the time for award is extended by mutual consent of the parties.

2.12 Bids submitted to the Town shall be securely kept and shall remain unopened until bidding deadline and the public opening of bids.

2.13 Bids once submitted may, upon request of the bidder prior to the bidding deadline, be withdrawn or amended. If amended, resubmission of the bid shall comply with all requirements of this IFB.

2.14 Negligence on the part of the bidder in preparing the bid confers no right of withdrawal after the bidding deadline. The Town does not assume any responsibility for errors, omissions, or misinterpretations which may have resulted in whole or in part from the use of incomplete bid documents. Any bidder finding an ambiguity, inconsistency, or error shall promptly notify the Town.

2.15 If it becomes necessary to revise any part of this IFB or if additional data are necessary to enable an exact interpretation of provisions, such addenda will be provided to all bidders who have requested this IFB. No addenda will be issued within the immediate three (3) business day period prior to the bidding deadline.

2.16 Questions and inquiries will be accepted from any and all bidders and must be in writing.

Questions will be answered in writing and both questions and answers will be distributed to all bidders who receive the IFB provided, however, that all questions are received at least ten (10) days in advance of the bidding deadline.

2.17 By submitting a bid in response to this IFB, the bidder shall be deemed to have certified that no officer, agent, or employee of the Town has a direct or substantial financial interest in the procurement, that the bid is submitted in good faith and exclusively on bidder's own behalf, without fraud, collusion or connection of any kind with any other bidder for the same work or with any undisclosed party.

2.18 All terms and provisions contained in the "LEGAL NOTICE" of this procurement (a copy of which is attached hereto) are incorporated by reference into this IFB.

2.19 The bid price(s) shall be written both in words and figures, and in the case of a discrepancy between the two the amount in words shall govern.

2.20 It is understood, agreed upon and made a part hereof, and shall be a part of the contract, that the contract entered into between the Town and the successful bidder shall not be assigned or assignable by way of sub-contract or otherwise, unless or until the Town shall have first assented thereto in writing.

2.21 All bids must be submitted on the forms provided or on attachments approved in advance by the Town.

2.22 All bids must include a signed copy of the following: non-collusion form, tax compliance certificate, certificate of authority and bid pricing sheet.

2.23 Attached to and forming part of this IFB, this endorsement, when countersigned by the Town, is made a part of this IFB and is subject to all of the terms and provisions hereof and of any prior endorsements hereto.

PART 3.

Quality Requirements

Contractor must comply with all applicable rules and regulations of the Federal, Commonwealth of Massachusetts, and any other state or governmental entity where any portion of the services will be performed.

Contractor shall provide documentation that the receiving facility is properly permitted to receive, process and dispose of municipal wastewater sludge.

PART 4.

Bid Form

Company:

Year 1

Item Unit price in figures Estimated annual quantity

Sub-total in figures

Disposal rate $

/ton

1100 dry tons $

Hauling rate $

/gal

4,056,000 gallons $

Year 1 total price in figures $

Year 2

Item Unit price in figures Estimated annual quantity

Sub-total in figures

Disposal rate $

/ton

1100 dry tons $

Hauling rate $

/gal

4,056,000 gallons $

Year 2 total price in figures $

Total (year 1 + year 2) in words:

Total (year 1 + year 2) in figures: $

Fuel surcharge: No Yes (include or attach explanation, schedule, etc.)

Town Use Only:

Grand total (with fuel surcharge): $

Company:

Contact Name:

Address:

Telephone:

E-mail Address:

The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

Signature Date

Printed name

PART 5.

Sample Contract Terms and Conditions

TOWN OF AMHERST

CONTRACT & GENERAL CONDITIONS

Date: _____________________, 2018.

This contract is entered into on, or as of, this date by and between the Town of Amherst [the "Town"], and

["Contractor"]

[Address of the Contractor]

Telephone Number FAX Number

1. This is a contract for the procurement of the following:

Hauling and disposal of liquid sludge from wastewater treatment plant, per IFB 18-127 "Sludge Hauling & Disposal."

2. The contract price to be paid to the Contractor by the Town of Amherst is:

3. Payment will be made as follows:

Monthly, following invoicing by Contractor.

4. Definitions:

4.1 Acceptance: All contracts require proper acceptance of the described goods or services by the Town of Amherst. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance of services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the contract.

4.2 Contract Documents: All documents relative to the contract including (where used) Instructions to

Bidders, Bid Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, including Prevailing Wage Requirements, Drawings, and all Addenda issued during the bidding period. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper performance of the contract.

4.3 The Contractor: The "other party" to any contract with the Town. This term shall (as the sense and particular contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular contract. Use of the term "contractor" shall be understood to refer to any other such label used.

4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with contract documents, as modified by Amendments and Change Orders.

4.5 Goods: Goods, Supplies, or Materials.

4.6 Subcontractor: Those having a direct contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked.

4.7 Work: The services or materials contracted for, or both.

5. Term of Contract and Time for Performance:

This contract shall be fully performed by the Contractor on or before ______________, unless extended pursuant to a provision for extension contained in the contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds. The time limits stated in the contract documents are of the essence of the contract.

6. Subject to Appropriation:

Notwithstanding anything in the contract documents to the contrary, any and all payments which the Town is required to make under this contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant.

7. Permits and Approvals:

Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the contract shall be secured and paid for by the Contractor.

8. The Contractor's Breach and the Town's Remedies:

Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of Amherst shall have all the rights and remedies provided in the contract documents, the right to cancel, terminate, or suspend the contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract including damages and specific performance, and the right select among the remedies available to it by all of the above.

9. Statutory Compliance:

9.1. This contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the contract or contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the contract, the provisions of General Laws are incorporated by reference into this contract, including but not limited to the following:

General Laws Chapter 30B: - Procurement of Goods and Services.

General Laws Chapter 30 Sec. 39, et seq: - Public Works Contracts.

General Laws Chapter 149, Sec. 44A, et seq: - Public Buildings Contracts.

9.2. Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this contract. To whatever extent any provision of this contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control.

9.3. The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the contract. If the Contractor performs the contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom.

9.4. The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work, if any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with and shall cause all its agents, employees and Subcontractors to observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of Amherst, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or Subcontractors or any such law, by-law, regulation or decree.

10. Conflict of Interest:

Both the Town and the Contractor stipulate to the applicability of the State Conflict of Interest Law (General Laws Chapter 268A), and this contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated its applicability to the performance of this contract; and by executing the contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A.

11. Certification of Tax Compliance:

This contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Sec. 49A, (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision).

12. Discrimination:

The Contractor will carry out the obligations of this contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination,) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended.

13. Assignment:

Assignment of this contract is prohibited, unless assignment is provided for expressly in the contract documents.

14. Condition of Enforceability against the Town:

This contract is only binding upon, and enforceable against, the Town if: (1) the contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form.

15. Corporate Contractor:

If the Contractor is a corporation, it shall endorse upon this contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the contract is executed by the Contractor. This contract shall not be enforceable against the Town of Amherst unless and until the Contractor complies with this section.

The Contractor (and Subcontractors as defined in Paragraph 1-C of the General Conditions), if a foreign corporation shall comply with the provisions of the General Laws, Ch. 181, Sections 3 & 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth.

16. Liability of Public Officials:

To the full extent permitted by law, no official, employee, agent or representative of the Town of Amherst shall be individually or personally liable on any obligation of the Town under this contract.

17. Notices:

Any notice permitted or required under the provisions of this contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the contract, and to the Town of Amherst by being sent to the Town Manager, Town Hall, Amherst, Massachusetts 01002.

18. Binding on Successors:

This contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor).

19. Complete Contract:

This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein.

20. Contract Type Supplements:

The foregoing provisions apply to all contracts to which the Town of Amherst shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the contract requires. The Supplement contains additional terms governing the contract:

[ ] GOODS

SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods

(governed by the provisions of General Laws Chapter 30B).

[X] SERVICES

SUPPLEMENT "S" - Applicable to Contracts for the procurement of

Services (governed by the provisions of General Laws Chapter 30B).

[ ] CONSTRUCTION

SUPPLEMENT "C" - Applicable to Contracts for the construction of:

(1) Public Buildings and Public Works (governed by the provisions of General Laws Chapter 30B);

(2) Public Buildings (governed by the provisions of General Laws Chapter 149, Sec. 44A, et seq.); and

(3) Public Works (governed by the provisions of General Laws Chapter 30, Sec. 39M, et seq.).

SUPPLEMENT "S"

1. This form supplements the Town of Amherst, "Contract and General Conditions," and applies only to contracts for the procurement of services.

2. "Services" shall mean the furnishing of labor, time, or effort by the contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements.

3. Change Orders:

Change orders may not increase the quantity of services by more than Twenty Five (25%) per cent, in compliance with General Laws Chapter 30B, Sec. 13.

4. Minimum Wage / Prevailing Wage:

The Contractor will carry out the obligations of this contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, Sec. 1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, Sections 26 to 27D (Prevailing Wage), as shall be in force and as amended.

5. Indemnification:

The Contractor hereby assumes the entire responsibility and liability for any and all injury to or death of any or all persons, including the Contractor's employees, and for any and all damage to property caused by, resulting from or arising out of any act, omission, or neglect on the part of the Contractor or of any Subcontractor or of anyone directly or indirectly employed by any of them, or of anyone for whose acts any of them may be liable in connection with operations under the Contract.

6. The Contractor further agrees to indemnify and hold harmless the Town, including the agents, employees and representatives of either, from and against all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

6.1. The Contractor shall be responsible for all damage or injury to property of any character during the prosecution of the work resulting from any act, omission, neglect, or misconduct in the manner or method of executing the work or due to the non-execution of the work or at any time due to defective work or materials.

6.2. In any and all claims against the Town or any of their agents or employees by any employee of the

Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workmen's Compensation Acts, disability benefit acts or other employee benefit acts.

6.3. The obligations of the Contractor under this paragraph shall not extend to the liability of the Town, its agents or employees, arising out of (a) the preparation or approval of Maps, Drawings, Opinions, Reports, Surveys, Change Orders, Designs or Specifications, or (b) the giving of or the failure to give directions or instructions by the Town, its agents or employees provided such giving or failure to give directions or instructions is the primary cause of the injury or damage.

6.4. The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the Work.

Dated:

Town Manager Comptroller Chief Procurement Officer Certified as to Appropriation

Town Counsel The Contractor Certified as to Form (Authority or Agent)

PART 6.

Standard Forms

1. Certificate of Non-Collusion

2. Certificate of Tax Compliance

3. Certificate of Authority

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person, business, partnership, corporation, union committee, club or other organization, entity or group of individuals.

Signature of individual submitting bid or proposal

Name of Business

CERTIFICATE OF TAX COMPLIANCE

Pursuant to Massachusetts General Law chapter 62C, sec 49A, I hereby certify under penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Social Security or Federal I.D. number Signature: Individual or Corporate Officer

Date

PLEASE PRINT

Corporate Name: ________________________________________________

Address: _______________________________________________________

City, State, Zip Code: _____________________________________________

CERTIFICATE OF AUTHORITY

At a duly authorized meeting of the Board of Directors of the

_______________________________________ held on _________________________________ (Name of Corporation) (Date)

At which all the Directors were present or waived notice, it was voted that, (Name) (Officer) of this company, be appointed and is hereby authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this company’s name on its behalf by said officer, under seal of the company, shall be valid and binding upon this company.

A TRUE COPY,

ATTEST: _______________________________

(Clerk)

Place of Business: ________________________

DATE OF THIS CONTRACT: _________________________________________

I hereby certify that I am the Clerk of the _________________________________________ that ______________________ is the duly elected_________________________________ of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

(Clerk) (Corporate Seal)

PART 7.

INSERTION ORDER

TYPE OF AD: Legal

PUBLICATION(S) & PUBLICATION DATES:

DAILY HAMPSHIRE GAZETTE – 04/30/2018

GOODS AND SERVICES BULLETIN – 04/30/2018

PLEASE BILL:

Town Accountant

Town Hall

Amherst, MA 01002

BODY OF AD: The Town of Amherst is inviting sealed bids for liquid sludge hauling and disposal.

Invitations for Bids may be obtained at www.amherstma.gov/bids or at the Town Accountant's Office, Town Hall, 4 Boltwood Ave, Amherst, MA 01002.

Bids shall be submitted no later than 2:00PM on Tuesday, May 15, 2018, to the Town Accountant’s Office at the above address, where the bids will be publicly opened and recorded at that time.

The Town of Amherst reserves the right to reject any and all bids in whole or in part, and to waive informalities, when at its sole discretion is deemed to be in the best interests of the Town and to the extent permitted by law.