MANCHESTER_LANDFILL_SCREENED_SOIL_FOR_RE-USE_AS_LANDFILL_COVER_(Addendum_#1_Revision).pdf

INVITATION TO BID

22/23-61

MANCHESTER LANDFILL SCREENED SOIL FOR RE-USE AS

LANDFILL COVER

Town of Manchester

Lincoln Center

Manchester, CT 06040

RELEASE DATE: March 9, 2023

DEADLINE FOR QUESTIONS: March 16, 2023

RESPONSE DEADLINE: March 21, 2023, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/townofmanchester https://secure.procurenow.com/portal/%7bproject.government.code%7d

Town of Manchester

INVITATION TO BID

22/23-61

MANCHESTER LANDFILL SCREENED SOIL FOR RE-USE AS LANDFILL

COVER

I. Introduction II. Instructions to Bidders

III. Standard Instructions-Supplies, Materials & Eqpt IV. Project Details V. Vendor Submissions

VI. Pricing Table

Invitation To Bid #22/23-61 Title: MANCHESTER LANDFILL SCREENED SOIL FOR RE-USE AS LANDFILL COVER

1. INTRODUCTION

1.1. Summary

The Town of Manchester owns and operates a bulky waste sanitary landfill on Olcott Street in the southwest section of Town. This regional landfill accepts construction and demolition debris (C&D), bulky wastes, and approved special wastes for onsite disposal. Special wastes include but are not limited to non-hazardous polluted and contaminated soils, sediments, and approved industrial waste such as casting sands. The Manchester Sanitary Landfill’s DEEP permit allows the Town to review and accept non-hazardous contaminated or polluted soils for reuse as cover material if the soils meet specific testing and contaminant level criteria. There is also a testing requirement for use of soils as intermediate cover material. As the landfill approaches its permitted capacity, soils approvable as intermediate cover material will be more important to the facility’s operation.

The Town recognizes that there are many environmental benefits to the use of non-hazardous polluted or contaminated soils as cover material. Use of these types of soils as cover material provides an environmentally appropriate disposal location for impacted soils while limiting the amount of native soil utilized as cover material, contributing to the overall sustainability of our natural resources. Landfill operations typically utilize 60,000 to 80,000 tons of cover material each year. Currently, the Town has agreements with multiple contractors to provide cover material.

This solicitation is for contractor(s) to provide up to a maximum of 80,000 tons of soils for reuse as landfill cover material. The Town reserves the right to award tonnages of soils for reuse as landfill cover to contractors at its own discretion.

The intention of this invitation to bid is to solicit bids from contractors to supply suitable polluted or contaminated soils for reuse as either: (1) intermediate cover material or (2) daily/weekly cover material. The Town also desires to develop procedures which will result in a consistent supply of soils for reuse as landfill cover material.

The Town has set tip fees for acceptable soils for reuse as landfill cover material. Bidders are being asked to propose an annual quantity of landfill cover material to be provided at the set tip fees. It is the Town’s intent to award contracts to multiple contractors. The Town will negotiate a quantity of soils, known as the “total allocated tonnage”, with each contractor.

The service period of this contract is from April 1, 2023 through March 31, 2024.

1.2. Contact Information

Cora Narracci

Purchasing Agent

494 Main Street

Purchasing Department

Manchester, CT 06040

Email: cnarracci@manchesterct.gov

Phone: (860) 647-3033 mailto:cnarracci@manchesterct.gov tel:(860)647-3033

Department:

Public Works

Department Head:

Tim Bockus

Director

1.3. Timeline

Release Project Date March 9, 2023

Question Submission Deadline March 16, 2023, 4:00pm

Submission Deadline March 21, 2023, 11:00am

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2. INSTRUCTIONS TO BIDDERS

2.1. INSTRUCTIONS TO BIDDERS

In accordance with the provisions of the Town Charter, sealed proposals will be received not later than the date and time set forth above, for furnishing the commodities and/or services listed herein.

Proposals must be executed in accordance with and subject to instructions and specifications contained herein.

The Town of Manchester is an equal opportunity employer and requires an affirmative action policy for all of its Contractors and Vendors as a condition of doing business with the Town, as per Federal Order

11246. By submitting the Proposal for this bid, all vendors and contractors agree to this condition of doing business with the Town, and should the Town choose to audit their compliance, the vendor agrees to cooperate fully.

2.2. ELECTRONIC BIDDING INFORMATION

Important Instructions for Electronic Submittal

Specifications and bid forms must be obtained online at Town of Manchester Procurement Portal

(opengov.com). The exclusive means by which all prospective bidders may obtain bid packages, direct inquiries, request and receive addenda and supplemental information, and submit bids and proposals, shall be through the Town of Manchester’s OpenGov portal.

Bids may be received up to the deadline date and time listed in the solicitation documents, via the

Town’s e-Procurement Portal. The Town e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The

Town of Manchester strongly recommends completing your response well ahead of the deadline.

Addenda Notification and Acknowledgement

Addenda Notification: Bidders are required to register for an account via the Town’s e-Procurement

Portal hosted by OpenGov. Once the bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at Town of Manchester Procurement Portal

(opengov.com).

Submitting Questions and Receiving Responses

Bidders shall submit all inquiries regarding this bid via the Town’s e-Procurement Portal. Please note any deadline for submitting inquiries. All answers to inquiries will be posted on the Town’s e-Procurement

Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

When applicable, state bids will be considered for this service.

The Purchasing Authority reserves the right to waive any informality or reject any and all bids. In addition to the bid specifications, all bids are subject to the terms, provisions and conditions of the https://procurement.opengov.com/portal/townofmanchester https://procurement.opengov.com/portal/townofmanchester https://procurement.opengov.com/portal/townofmanchester

Manchester Charter, Code of Ordinances, and Purchasing Guidelines. By bidding on the proposed purchase, the bidder agrees to such terms, provisions and conditions.

An Equal Opportunity/Affirmative Action Employer

2.3. RULES AND REGULATIONS FOR COMPETITIVE BIDDING

These rules and regulations have been adopted by the Board of Directors of the Town of Manchester pursuant to Section 5-22 of the Town Charter. They are standard for all competitive bidding proposals issued by the Town of Manchester, Connecticut for contracts of all types where labor, materials, and necessary equipment to complete work is to be furnished to the Town, where the Town is to purchase supplies, materials, and equipment, where the Town is to sell surplus materials and equipment, or where the Town is to sell real estate. These rules and regulations shall be binding upon all prospective bidders and the Town of Manchester.

2.4. GENERAL RULES

1. The Purchasing Authority may delete or modify any of the instructions to bidders for a particular proposal, indicating such change in the appropriate section of the proposal documents. The Purchasing

Authority may insert special instructions in any special contracts which are subject to competitive bidding.

2. The proposal is signed by the bidder with full knowledge of, and agreement with, the general specifications, conditions, and requirements of this bid. In addition to the bid specifications, all bids are subject to the terms, provisions and conditions of the Manchester Charter, Code of Ordinances, and

Purchasing Guidelines. By bidding on the proposed purchase or service, the bidder agrees to such terms, provisions, and conditions.

3. The Town has transitioned to electronic bidding. Vendors should submit solicitation responses electronically via the Town of Manchester Procurement Portal. Vendors will be asked to register and should do so prior to submitting bid documents.

4.This bid and any addenda will be issued on the Town of Manchester website bidding portal. It shall be the responsibility of the bidder to download this information. THE TOWN OF MANCHESTER WILL NOT

MAIL A SEPARATE HARD COPY OF ADDENDUM TO BIDDERS. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.

5. Bid prices may not be withdrawn by bidder for 90 days after bid opening.

6. Proposals received later than the time and date specified will not be considered. Amendments to, or withdrawals of bids received later than the time and date set for bid opening will not be considered.

7. All bids shall be opened via a virtual meeting link posted and read aloud. All bids shall be tabulated and copies of said tabulation shall be posted on the website

8. All deliveries of commodities or services hereunder shall comply in every respect with all applicable laws of the Federal Government and/or the State of Connecticut.

9. Purchases made by the Town of Manchester are exempt from payment of Federal Excise Taxes and the Connecticut Sales Tax and such taxes must not be included in bid prices. Federal Excise Tax exemption certificates, if requested, will be furnished.

10. The Bidder, where applicable, shall insert/include the price per stated unit and extend a total price for each item. In the event there is a discrepancy between the unit price and the extension, the unit price will govern. The total cost shall be the sum of the extended prices.

11. Bidders shall, where applicable, submit terms for payment in spaces provided in the proposal form, showing the amount of cash discount which shall apply to bid prices when paid within the stated number of days in the proposal.

12. All inquiries shall be submitted within the time limitations specified in the bid documents and shall be requested via the online portal Q&A. All information given by the Town other than through the

OpenGov portal shall be informal and shall not be binding upon the Town nor shall it furnish a basis for legal action by any bidder or prospective bidder against the Town.

12A. The Town reserves the right to reject any and all bids, to waive technical defects and to make such awards including accepting a bid, although not the low bid, as it deems in its sole discretion to be in the best interest of the Town. The Town reserves the right to reject any bid if the bidder, any officer of the bidder, or any other company owned in whole or in part by any officer(s) of the bidder, is delinquent in the payment of any taxes or fees owed to the Town. The Town reserves the right to require a disclosure statement from the bidder listing the name(s) of all officers of the company.

12B. In the event the Town determines that a contractor is delinquent in any payment due the Town, then the Town may offset the delinquent amount due to the Town against the sums owed the contractor.

13. The Town of Manchester may make such investigation as deemed necessary to determine the ability of the bidder to discharge a contract. The bidder shall furnish the Town with all such information and data as may be required for that purpose. The Town reserves the right to reject any bid if the bidder fails to satisfactorily convince the Town that he is properly qualified by experience and facilities to carry out the obligations of the contract and to satisfactorily complete the work called for herein, or if the bid is conditional in nature.

14. Except where otherwise provided, a contract between the Town and a successful bidder shall consist of the Invitation to Bid, Specifications, Plans, Bid including Proposal form and these Rules and

Regulations. Acceptance by the Town may be by purchase order for the portion of the work awarded to a contractor.

15. All Invitations to Bid shall be publicly advertised in a newspaper having a general circulation within the Town of Manchester, Connecticut.

16. Bids shall be made available on the Town of Manchester Purchasing Web Site via the Bidding site.

17. Alternate bids shall not be accepted unless otherwise specified in the bid documents.

18. Any act or acts of misrepresentation or collusion shall be a basis for disqualification of any bid or bids submitted by such persons guilty of said misrepresentation of collusion. In the event that the Town enters into a contract with any bidder who is guilty of misrepresentation or collusion and such conduct is discovered after the execution of said contract, the Town may cancel said contract without incurring liability, penalty, or damages.

19. In the event that any bidder wishes to protest the potential award of a bid, the bidder must make it’s protest in writing identify the protesting party and the bid number, title and shall include a factual summary of the basis of the protest including any documents that shall be considered and request a conference with respect thereto. Said protest must be received in the Town of Manchester Purchasing

Office, within FIVE (5) business days after the award decision.

20. A conference with respect to said protest shall be scheduled by the Purchasing Authority and shall be attended by the Purchasing Authority or their designee and such other persons as the Purchasing

Department and the General Manager shall require attend. The subject matter of said conference shall be limited to the reasons for the protest specified in the written request for said conference. Said conference shall also include a discussion of all possibilities for a resolution of dispute. The Town shall make a decision in writing within three (3) business days after said conference and notify protesting bidder.

21. In the event that any protesting bidder wishes to take legal action against the Town, they must first fully comply with all of these Rules and Regulations, including those which have been changed by the

Purchasing Authority pursuant to paragraph 1 herein.

22. Except for special instructions inserted in special contracts by the Purchasing Authority pursuant to paragraph 1 herein, in the event of any conflicts between these Rules and Regulations and the terms and conditions of any document these Rules and Regulations shall prevail.

23. The contractor shall not transfer, sublet, or assign the contract by Power of Attorney or otherwise to any person, firm, or corporation, or in any way vary the terms of the contract without written permission from the Town. The Town has the right to terminate with a ninety (90) day written notice to the contractor. The Town reserves the right to terminate the contract at any time during the contract period. Such termination shall be effective immediately after giving written notice to the contractor that the Town is terminating the contract.

24. All Awards shall be made by the Purchasing Authority.

2.5. Bid Opening Information

Bid responses will be received by 11:00 am on Tuesday, March 21, 2023

Bid openings will be held virtually through Zoom.

ZOOM meeting instructions are as identified in the Introduction Section above.

The virtual bid opening will be exactly the same as a regular bid opening – Purchasing staff will open the bids and read the results out loud. Results are not final until reviewed, tabulations compiled and then posted/distributed to participants. In addition, the requesting department will recommend an award after a complete review of the submissions.

3. STANDARD INSTRUCTIONS-SUPPLIES, MATERIALS & EQPT.

These instructions are standard for all proposals issued by the Town of Manchester, Connecticut, for the purchase of all supplies, materials, and equipment. The Town of Manchester may delete, supersede, or modify any of these standard instructions for a proposal by indicating such change in the section headed

“Special Instructions to Bidders.”

1. Unless otherwise stated, deliveries must consist of new merchandise.

2. Prices quoted shall be net delivered prices to the Town.

3. The Town may withhold acceptance of, or reject any merchandise which found, upon examination, not to meet the specifications’ requirements. When rejected, it shall be removed by the Contractor

(vendor) within ten (10) days after notification of rejection.

4. When the schedule indicates that an item to be purchased is to be specified, or equal, the bidder may offer an article which is certified to be equal in quality, performance, and in other essential characteristics to the bid standard. Bidder must furnish any information, such as specifications, test results, etc., which will help in determining whether an item is equal or superior to the Town’s bid standard. If a bidder fails to name a substitute, the specified item must be furnished.

5. Bidders agree to comply with all of the latest Federal and State safety standards and regulations and certify that all items furnished in this bid will conform to and comply with said standards and regulations. Bidder further agrees to indemnify and hold harmless the Town for all damages assessed against the Town as a result of the bidder’s failure to comply with said Standards and/or Regulations.

6. The Town reserves the right to make an award by item or total as may be in the best interest of the

Town. If a Bidder desires to bid on an “all or nothing” basis, he shall so indicate on the bid schedule and the Town reserves the right to make an award as may be in the best interest of the Town.

7. The Bidder shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Town of Manchester harmless from loss on account thereof except that the Town of Manchester shall be responsible for all such loss when a particular manufacturer, product, or process is specified by the Town of Manchester.

4. PROJECT DETAILS

4.1. Specification for Soil for Reuse as Cover Material

Soils to be considered for reuse as landfill cover material must comply with the landfill’s special waste and contaminated soil acceptance program requirements. These requirements are specified on the

Special Waste Authorization Application for the Disposal of Special Waste/Contaminated Soils. The requirements include testing parameters and frequencies based upon the source of impacts to the soils as prescribed on Table 1: Waste Characterization Parameters and Acceptance Limits and Table 2:

Required Sampling Frequency. Bidders and potential bidders shall note the testing frequency for ETPH called out on Table 2: Required Sampling Frequency.

A copy of the current application form with the referenced tables is available for review at:

http://sanitation1.townofmanchester.org/NewSantitaton/assets/File/SWA%20Town%20of%20Manches ter%20Landfill%202016%20Special%20Waste%20Disposal%20Authorization%20Application%20Fillable.

pdf

For the purposes of testing frequencies for this contract (only), one cubic yard of soil shall be considered to have a weight of one and a half tons. For example, a testing frequency of one sample per 300 cubic yards shall equal one sample per 450 tons.

The landfill’s acceptance limits for soils for reuse as cover material are also included on Table 1. Please note one change to Table 1; no soils impacted with PCBs shall be accepted at the Manchester Landfill for reuse as cover material.

No soils, to be provided under this bid shall contain particles greater than 3-inches in diameter.

All analytical and geotechnical testing is the responsibility of the contractor and shall be performed at the contractor’s expense.

4.2. Pricing and Award

The pricing, in the form of a tip fee set by the Town, will be paid by the contractor in accordance with the Town’s policies and procedures for commercial use of the landfill. All selected contractors must complete a Town of Manchester Landfill Commercial Customer and Vehicle Permit Application and be approved by the Town for commercial use of the landfill.

A copy of this application form is available at:

http://sanitation1.townofmanchester.org/NewSantitaton/assets/File/Town%20of%20Manchester%20La ndfill%20Commercial%20Customer%20and%20Hauler%20Permit%20Application%20-%20Fillable.pdf

The tip fee set for these materials are:

• Soils for reuse as intermediate cover material at $37.00 per ton

Bidders who propose to provide less than 2,500 tons of soil for disposal may not be considered. The

Town is under no obligation to award contracts to any or all of the bidders. Based upon the bid quantities received, the Town will award allocations to one or more contractors prior to commencement of the contract. The Town reserves the right to award contracts and “total allocated tonnages” to any contractors and in any amounts that it feels will be in its best interests. The contractor shall guarantee that it will provide the Town with its total allocated tonnage of soil within the contract period.

The town may grant additional tons as requested for a rate to be determined by the town.

4.3. Soils Acceptance Procedures

The contractor shall submit a Special Waste Authorization Application for the Disposal of Special Waste /

Contaminated Soils for each source of soils for reuse as landfill cover material. The application(s) shall be submitted to the Town via email for review and approval prior to delivering any soils to the landfill.

Applications shall be completed on forms provided by the Town and shall include laboratory data and certifications from the generator and applicant (i.e., the contractor).

A separate application is required for each project site where contaminated soils are generated.

All laboratory analytical data shall be representative of the soils to be delivered to the landfill and shall be less than one year old.

Each Special Waste Authorization Application for the Disposal of Special Waste / Contaminated Soils shall be accompanied by an application fee. Separate applications and fees are required for each site from which contaminated soil is generated. The application fees are $275 for up to 600 cubic yards generated within a six-month period and $525 for soils generated within a twelve-month period.

Town personnel and/or their consultants will review each application to ensure compliance with the landfill’s acceptance criteria. The review time for complete applications is typically one week. Upon completion of each review, the Town will issue an approval / rejection letter.

No soils containing PCBs or soils that are characteristically hazardous as defined by the State of

Connecticut Department of Energy & Environmental Protection (DEEP) or the U.S. Environmental

Protection Agency (EPA) will be accepted for reuse as landfill cover material or for disposal.

4.4. Soils Delivery

Once soils applications have been approved as cover material, the contractor can schedule delivery with the Landfill Work Coordinator.

Transporters will be directed to a location on the landfill or on the landfill property on Olcott Street to stockpile the delivered cover soils. Loads of incoming soils can only be accepted during the landfill’s operating hours.

All delivery vehicles must be permitted by the Town of Manchester. There is an annual fee associated with each vehicle permit that must be paid by the transporter. See the Town of Manchester Landfill

Commercial Customer and Vehicle Permit Application for more details.

Transporters are responsible for being in compliance with all local, state, and federal transportation regulations and permitting.

Transporters shall access the landfill from Olcott Street via Spencer Street and I-384. Delivery trucks shall minimize travel on town roads.

4.5. Soils Compliance Testing

The Town of Manchester, at its own expense, reserves the right to inspect and test incoming or delivered loads of soil for compliance with its acceptance criteria. Loads to be tested will be segregated from other cover material on the landfill and tested for constituents of concern. Laboratory testing and analysis should be completed within two weeks. Should it be determined that an incoming load is unacceptable, the Town will document the date of the load, identify the unacceptable criteria, and notify the contractor:

Should it be determined that soils do not meet the Town’s acceptance criteria, the Town will notify the contractor:

• If the tested soils are determined to be hazardous or contain more than 1 part per million of PCBs, the contractor shall remove the soils from the landfill within three (3) working days.

• If the tested soils are determined to be non-hazardous and do not meet the Town’s acceptance criteria, the contractor shall either remove the soils from the landfill within three (3) working days or pay an additional $75 per ton for disposal of the soils.

• If the loads contain unacceptable materials, including particles larger than 3-inch diameter, it will be rejected from the contracted rate, charged to the contractor at gate rate and count as an offense against the contract.

If three or more loads of soil within a six-month period do not meet the Town’s acceptance criteria, resulting in an offense, the Town may revoke the soil delivery privileges of the contractor for a duration to be determined solely at the Town’s discretion.

4.6. Contract Reporting

Within two weeks of the end of each three-month period beginning with contract award, the contractor shall summarize the quantity of screened soil for disposal delivered to the landfill and submit that information to the Town. The quarterly Screened Soils Recordkeeping Form to be utilized for this contract is attached.

The contract quarters are as follows:

Q1 - 04/01/23-06/30/23

Q2 - 07/01/23-09/30-23

Q3 - 10/01/23-12/31/23

Q4 - 01/01/24-03/31/24

This timely reporting is MANDATORY. Failure to submit quarterly reports may result in contract suspension and/or tonnage forfeiture.

4.7. Quantity Adjustments and Tonnage Forfeitures

The Town’s intent is to receive screened soils for reuse on a consistent basis during the course of the year to match its needs for landfill cover material. At the end of each quarter, the quantity screened soil delivered will be compared to the contractor’s total allocated tonnage. There are two ways to manage quantity adjustments:

1) The contractor can forfeit unused tonnage amounts back to the town with no "put or pay" penalty.

2) The town may rescind some or all of the allocated tonnages amounts and/or suspend the duration of the contract based on:

a) Failure to submit Quarterly Reports in a timely manner described in the Contract Reporting section.

b) Multiple (3 or more) documented contaminated loads (offenses) that are deemed to be unacceptable by Sanitation staff.

Once tonnage has been forfeited or reduced, it cannot be re-allocated at the prices set for this bid.

4.8. Contract Term

The contract term shall be from April 1, 2023 up to and including March 31, 2024. The contractor shall not transfer, sublet, or assign the contract by Power of Attorney or otherwise to any person, firm, or corporation, or in any way vary the terms of the contract without written permission from the Town.

The Town has the right to terminate with a ninety (90) day written notice to the contractor. The Town reserves the right to terminate the contract at any time during the contract period. Such termination shall be effective immediately after giving written notice to the contractor that the Town is terminating the contract.

5. VENDOR SUBMISSIONS

5.1. Bid Requirements*

Did you read through the entire solicitation and confirm that you met all of the bid requirements therein?

☐ Yes

☐ No

*Response required

5.2. Addenda *

This bid and any addenda will be issued on the Town of Manchester website bidding portal. It shall be the responsibility of the bidder to download this information. THE TOWN OF MANCHESTER WILL NOT

MAIL A SEPARATE HARD COPY OF ADDENDUM TO BIDDERS. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents.

☐ Please confirm

*Response required

5.3. Document Uploads

Please upload any required information in this section.

5.4. Vendor Information *

Please provide your Company Name

Your Company Address

Your Company's FEIN number

Main Contact Name and Title

Telephone Number

Email Address

*Response required

6. PRICING TABLE

SOIL FOR RE-USE AS INTERMEDIATE COVER MATERIAL

Line Item Description Quantity Unit of

Measure Tip Fee Unit

Cost Per Ton Total

1 QUANTITY OF SOIL FOR RE-USE AS

INTERMIEDIATE LANDFILL COVER

MATERIAL

TON $37.00

TOTAL