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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
johanna.boucher@town.barnstable.ma.us
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.