Town of Barnstable Administrative Services Procurement & Risk Management 230 South Street, Hyannis, MA 02601 www.town.barnstable.ma.us Johanna F. Boucher Purchasing Agent/Contract Compliance Officer firstname.lastname@example.org Tel 508-862-4741 Fax 508-862-4779 February 10, 2014 To: All Planholders to the Invitation for Bid entitled “Town of Barnstable, Sludge Hauling and Disposal” dated January 15, 2014. Due Date: Februarys 18, 2014, no later than 2:00 pm Subject: Addendum 1 dated February 10, 2014 This addendum is issued to answer the following questions: 1. Question: Changes in the work- Bidder assumes that if a change in law (or the interpretation thereof) occurs that causes the performance of the services to be prohibited or the cost of the services to increase that the parties shall renegotiate or terminate the agreement as needed. Is this correct? Answer: Yes 2. Question: Payment Terms- terms are not identified in the sample contract included in the bid spec. Bidder assumes that payment will be made within 30 days of receipt of an invoice. Is this correct? Answer: Yes, payment terms are Net 30 days after receipt of the invoice. 3. Question: Pricing- specifically CPI. Bidder assumes that an annual CPI adjustment shall apply to the pricing. Is that correct? Answer: No. Rate is fixed for the three year terms of the contract. 4. Termination of contract- Bidder retains the right to suspend performance or terminate the agreement in the event of Town’s breach of a material term of this Agreement, including, without limitation, timely payment of Bidder. Is this correct? Answer: Contract terms are as stated in the Invitation for Bid. 5. Question: Force Majeure – Are changes in law or orders and judgments of any Federal, State or local court, administrative agency or governmental body considered to be force majeure events? Answer: No 6. Question: Is the Town requesting one price – which includes transportation and disposal – regardless of the actual solids testing (and subsequent change in actual dry tons per load) that may occur throughout the course of the contract? Does the Town have actual test data that shows the material to be disposed tests at a consistent 5% solids? Answer: We are asking for a price based on 5% solids in the BID RESPONSE. Page 9, Bid Definitions amended as follows: Bid Definitions 1. Cost of transportation: The cost to transport a 9,000 gallon tanker load from Barnstable to point of disposal. 2. Cost of disposal per dry ton: The cost to dispose of the dry sludge solids contained in the 9,000 gallon tanker on a dry ton basis. For the purpose of calculating a bid load price for the contract bid the 9,000 gallons shall be defined as containing 5% sludge solids in a dry weight form. 5% is used with the intention of producing a uniform bids. The actual loads vary from 4 to 7 %. The contractor shall have the choice of percent solids test results, either done by the Town of Barnstable lab or the disposal facility. In either case the results shall be matched by the Town to ensure a reasonable match. The contractor shall notify the Town of which test result facility that the contractor shall use. The contractor shall use each individual truck load percent solid test result to calculate the monthly cost of disposal per dry ton. Sample A. Disposal: Cost per dry ton $_299.98_/dry ton 1.88 (9,000gal x .05 x 8.34lbs/gal = 3753lbs / 2000lbs/ton = 1.88tons) dry tons/load = $563.96 /load A. Disposal: Cost per dry ton $_299.98_/dry ton 1.88 (9,000gal x .06 x 8.34lbs/gal = 4503lbs / 2000lbs/ton = 2.25tons) dry tons/load = $ 675.49/load The present practice is to calculate each load separately. Jan/2014 6.43%, Dec/2013 6.44%, Nov/2013 6.83%, Oct/2014 5.96%, Sept/2013 5.39%, Aug/2013 5.22%, Jul/2013 5.18%, Jun/2013 5.62% 7. Question: There is no mention of a CPI adjustment during the 3 year contract. Is the Town will to accept a per load fuel surcharge to offset the possibility of rising fuel cost. Answer: No NOTE: Bid forms are attached for your convenience due to a pagination issue with the posted document. They have not changed. All other terms and conditions of bid are the same as previously stated. Please acknowledge all addendums on the bid submittal form. Regards, Johanna F. Boucher PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, ____________________________ as principal, and _________________________________________________________ as surety, are held and firmly bound unto the Town of Barnstable, Hyannis, Massachusetts, in the sum of: $_____________, lawful money of the United States of America, to be paid to the Town of Barnstable, Hyannis, Massachusetts for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the said principal has made a contract with the Town of Barnstable, Hyannis, Massachusetts, bearing the date of _______________________________________2014, for the__________________________________________________________________ Now the condition of this obligation is such that if the principal shall well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of said contract on its part to be kept and performed during the original term of said contract and any extension thereof that may be granted by the Town of Barnstable, Hyannis, Massachusetts, with or without notice to the surety, and during the life of any guarantee required under the contract, and shall also well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations, changes or additions to said contract that may be hereafter made, notice to the surety of such modifications, alterations, changes or additions being hereby waived, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. IN WITNESS WHEREOF we hereunto set our hands and seals this _______________________day of _________________________________2014 SEAL _________________________ By_________________________________ __________________________________ __________________________________ By_________________________________ TOWN OF BARNSTABLE CERTIFICATE OF NONCOLLUSION The undersigned certificates under penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. FIRM: _____________________________________________________________________ ADDRESS: ________________________________________________________________ _________________________________________________________________ SIGNATURE:_______________________________________________________________ NAME (print):______________________________________________________________ TITLE: ____________________________________________________________________ TELEPHONE:__________________________________ DATE:______________________ ****************************************************************************************** TOWN OF BARNSTABLE STATE TAXES CERTIFICATION CLAUSE I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law. ____________________________ * Signature of individual or Corporate Name (Mandatory) BY:_____________________________ Corporate Officer (Mandatory, if applicable) _______________________________ **Social Security # (Voluntary) or Federal Identification # *Approval of a contract or other agreement will not be granted unless this certification clause applicant. is signed by the ** Your Social Security Number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended. This request is made under the authority of Mass. G.L..62C s. 49.A. TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS WATER POLLUTION CONTROL DIVISION BID SHEET BID ITEM - Transportation and Final Disposal of up to 5,500,000 gallons/year of sludge with a solids content of 5% for no greater than three (3) years. A. Disposal: Cost per dry ton $_______/dry ton * 1.88 dry tons/load = $ _______/load B. Transportation Cost per gallon $______/gallon * 9,000 gallons/load = $ ________/load C. Total cost per load = A + B = _____________/load CONTRACT PERIOD Commencing July 1, 2014 and concluding on June 30, 2017 dates inclusive. This contract is subject to the appropriation of funding for this purpose. Funding is anticipated to be appropriated prior to the commencement of these services on July 1, 2014. Subsequent years are subject to funding for this purpose. CERTIFICATION OF SERVICE The bidder certifies that the service offered for disposal and transportation of sludge is in full compliance with January 15, 2014 , both of which are a part of the bid package. RECEIPT OF ADDENDUM NUMBER(s) _____, _____, is hereby acknowledged and reflected in the bid price(s) shown above. The undersigned proposes to furnish the service including all labor and materials required to complete the Contract in accordance with the Specifications prepared by the Town of Barnstable, dated January 15, 2014 for the Bid Price(s) shown. FIRM____________________________ SIGNATURE________________________ ADDRESS_________________________ NAME(print)________________________ ________________________________ TITLE______________________________ TELEPHONE_______________________ DATE______________________________ Required Attachments to bid document: (1) Disposal Agreement(s) (2) Sludge testing required by the contractor (3) Certificate of Non-collusion. (4) State Taxes Certification Clause (5) Vehicle Certification and Inspection Reports from Barnstable Health Division [within ten (10) days of award of contract]. (6) Performance Bond [within ten (10) days of acceptance of bid]. (7) Copies of valid State and/or Federal permits required for the transportation of sludge. (8) Vehicle registrations and insurance certificates to meet all other D.O.T. requirements. (9) Copies of all applicable insurance policies before commencing performance of the contract. (10) All other necessary licenses, permits, and certification identified in the detailed specifications. Note: The Town of Barnstable reserves the right to reject any and all bids when it deems it to be in the best interest of the Town. All questions from prospective bidders must be in writing regarding this Invitation for Bid. The Town shall respond to each question in writing and provide a copy of the answers to all prospective bidders. All bids must be received at the office of the Purchasing Agent, Town of Barnstable, 230 South Street, Hyannis MA 02601 prior to 2:00 PM, DATE.