BAY
TRANSPORTATION
AUTHORITY
MASSACHUSETTS BAY TRANSPORTATION AUTHORITY
MATERIALS MANAGEMENT DEPARTMENT
INVITATION FOR BIDS
IFB NO. 156-10
SOUTH AND WEST SIDE LOCATIONS – RUBBISH REMOVAL SERVICES
VINTON WONG
DATE ISSUED: December 22, 2010
GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
Page
1. INVITATION FOR BID NOTICE 5
1.1 introduction 5
1.2 due date 5
1.3 acceptance period 5
1.4 cancellation of bid 5
2. SELECTION PROCESS 6
2.1 BASIS OF Award 6
2.2 Public Opening 6
2.3 Material List 6
3. INSTRUCTIONS TO BIDDERS 11
3.1 Scope of Proposal 11
3.2 Clarifications of Specifications 11
3.3 Extension of Bid Opening Date 11
3.4 acknowledgement of addenda 11
3.5 Submittal 11
3.6 Late submissions, modifications and withdrawals of offers 11
3.7 Bid GUARANTY 12
3.8 Rejection of Bid 12
3.9 Waiver Of Informalities, Deviations, Mistakes, And Matters Of Form 12
3.10 Appeal/Protest Procedures 12
3.11 Pre-contractual Expenses 13
3.12 Tax Exemption 13
3.13 Prices 13
3.14 F.O.B. Point 13
3.15 Substitutions 13
3.16 Inspection and Testing 13
3.17 Signature 14
3.18 Single Bids 14
3.19 Conflict of Interest 14
4. DISADVANTAGED BUSINESS ENTERPRISES 16
4.1 Overview 16
4.2 contract assurance 16
4.3 DBE Participation 16
4.4 DBE Participation Goal 17
4.5 Proposed Submission 17
4.6 Good Faith Efforts 17
4.7 administrative reconsideration 18
4.8 termination of dbe subcontractor 18
4.9 Continued Compliance 18
4.10 Sanctions For Violations 19
5. GENERAL TERMS AND CONDITIONS 20
5.1 Appropriation Contingency 20
5.2 confidential information 20
5.3 PERFORMANCE GUARANTEE 22
5.4 payment terms 23
5.5 Security Requirements 23
5.6 Right-of-way safety training requirements 25
5.7 Independent Contractor Status 25
5.8 Subcontracting Of Work 25
5.9 Transfer Or Assignment Of Contract 26
5.10 Contractor’s Local Area Office 26
5.11 Severability 26
5.12 Entire Agreement 26
5.13 Headings Not Binding 26
5.14 Binding Effect 26
5.15 Modifications 26
5.16 PRECEDENCE OF DOCUMENTS 27
5.17 No Waiver 27
5.18 Workplace Environment 27
5.19 DependEnt Care Assistance Program 28
5.20 Legal Relations And Responsibility To The Public 28
5.21 Right-To-Know LAW 30
5.22 Anti-Boycott Covenant For Contracts In Excess of $5,000.00 30
5.23 doing business with or in northern ireland 31
5.24 Personal Liability Of Authority Official 31
5.25 Collusion 31
5.26 Notice Provisions 31
5.27 Indemnification And Insurance 31
5.28 Limitation Of Liability 34
5.29 Termination Of Contract And Suspension Of Work 34
5.30 Change Order 39
5.31 Claims 40
5.32 Disputes 41
5.33 Examination And Audit 41
5.34 Force Majeure 42
5.35 Mutual General Representations and Warranties 42
5.36 Intellectual Property Rights 42
5.37 Liquidated Damages 43
6. FEDERAL REQUIREMENTS 44
6.1 Governing Law 44
6.2 civil rights and Equal Opportunity 44
6.3 Debarment, Suspension, Ineligibility And Voluntary Exclusion 45
6.4 Lobbying 46
6.5 No Federal Government Obligation To Third Parties 47
6.6 Program Fraud And False Or Fraudulent Statements And Related Acts 47
6.7 Energy Conservation 48
6.8 Clean Air 48
6.9 clean water 49
6.10 Cargo Preference 49
6.11 Fly America 50
6.12 Buy America 50
6.13 ACCESS TO THIRD PARTY CONTRACT RECORDS 50
6.14 CHANGES TO FEDERAL REQUIREMENTS 51
6.15 TERMINATION 51
6.16 CIVIL RIGHTS 52
6.18 INCORPORATION OF FTA TERMS 57
6.19 RESOLUTION OF DISPUTES, BREACHES OR OTHER LITIGATION 57
6.20 DAVIS-BACON ACT 58
6.29 COPELAND ANTI-KICKBACK ACT 59
6.30 BONDING 59
6.31 SESMIC SAFETY 59
6.32 TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS 59
6.33 CHARTER SERVICE OPERATIONS 61
6.34 SCHOOL BUS OPERATIONS 61
6.35 DRUG USE AND TESTING 62
6.36 ALCOHOL MISUSE AND TESTING 62
6.37 PATENT RIGHTS 62
6.38 ENERGY CONSERVATION 65
6.39 RECYCLED PRODUCTS 66
6.40 CONFORMANCE WITH ITS NATIONAL ARCHITECTURE 66
6.41 ADA ACCESS 66
6.42 NOTIFICATION OF FEDERAL PARTICIPATION FOR STATES 67
6.43 ASSIGNABILITY CLAUSE 67
7. SUBMISSION FORMS 69
7.0 Debarment, Suspension, Ineligibility And Voluntary EXCLUSION FORM 70
7.1 certification regarding debarment, suspension, and other responsibility matters—primary covered transactions 71
7.2 certification regarding debarment, suspension, ineligibility and voluntary exclusion—lower tier covered transactions 74
7.3 CONFIDENTIAL INFORMATION AGREEMENT 76
7.4 pre-award evaluation data 77
7.5 addenda acknowledgement FORM 79
7.6 CONFLICT OF INTEREST CERTIFICATION 80
7.7 dbe UTILIZATION form 81
7.8 DBE Participation schedule 82
7.9 DBE Letter of Intent 83
7.10 DBE Affidavit 84
7.11 Performance Guarantee Certification 85
7.12 SECURITY REQUIREMENTs CERTIFICATION 90
7.13 RIGHT-OF-WAY SAFETY training REQUIREMENTs CERTIFICATION 91
7.14 Certification Of Compliance With Regulation 102 CMR 12.00 92
7.15 RightToKnow Law Certification 93
7.16 certification regarding companies doing business with or in northern ireland 94
7.17 Affidavit Of NonCollusion 95
7.18 Certification Regarding Lobbying 96
7.19 BUY AMERICA certification 98
7.20 PROHIBIT USE OF UNDOCUMENTED WORKERS CERTIFICATION 100
1. INVITATION FOR BID NOTICE
Massachusetts Bay Transportation Authority
Materials Department, Room 2810
Ten Park Plaza, Boston, MA 02116
Director: Robert A. Johnson
Project Name: Rubbish Removal Services, South and West Locations
IFB No.: 156-10
Date: December 22, 2010
Buyer: Vinton Wong, Senior Buyer
Tel. No.: 617-222-3354
Fax No.: 617-222-5349
Email:
1.1 introduction
The MBTA seeks to Purchase Services for the MBTA’s south and West Locations over a two year period. To assist the MBTA in this effort, the Authority is issuing this Invitation for Bid (“IFB”) to solicit responses from qualified Bidders who can meet the project requirements stated herein.
1.2 due date
Sealed bids will be publicly opened on: January 18, 2011 at the Materials Management Department, Room 2810, Ten Park Plaza, Boston, MA 02116, at 2:00 PM, EST/EDST, for the work described herein. BIDDERS ARE REQUIRED TO SUBMIT A BID INCLUDING ALL BID FORMS CONTAINED IN THIS PACKAGE. DO NOT REMOVE PAGES.
1.3 acceptance period
The Authority requires a minimum Acceptance Period of one hundred and twenty (120) calendar days. “Acceptance Period” for purposes of this solicitation means the number of calendar days available to the MBTA for awarding a contract based on the Due Date specified in this solicitation for receipt of bids.
1.4 cancellation of bid
The Authority reserves the right to cancel this bid at any time prior to execution of the Contract by all parties and without any liability against the Authority.
2. SELECTION PROCESS
2.1 BASIS OF Award
Award will be made to the lowest responsive and responsible Bidder. The MBTA reserves the right, in its sole discretion, to determine if a bid is responsive and the Bidder is responsible. In determining whether a Bidder has the ability to perform successfully under the terms and conditions of the proposed procurement, the MBTA will consider such matters as the Bidder’s integrity, compliance with public policy (e.g., EEO record, attainment of DBE goal, debarment status, etc.), record of past performance, and financial and technical resources. Bidder is required to complete the Pre-Award Evaluation Data Form contained in Section 7.4.
2.2 Public Opening
Bids will be publicly opened and the total price of each bid read at the time and place indicated in Section 1.2 (Due Date).
2.3 Material List
Bidders are required to quote firm fixed price(s) for the following equipment and materials. The undersigned agrees to furnish and deliver the equipment and materials within the time specified and at the prices quoted, which includes transportation costs, customs, duty charges, and other associated charges. Bidders shall quote only on equipment and materials in strict accordance with the specifications.
Point of Destination: See Below
Requisition Number:
Item Number / Quantity / Material List (Fully Described) / Delivery (Days) / Unit Price / Item TotalFurnish Rubbish Removal Service at the MBTA’s South and West Areas, in strict accordance with the specifications attached herein.
Work will be done over an estimated two-year period.
Bidders must fully complete, sign and submit all bid forms.
Quote Grant Total as Listed on the Specifications:
$______
BASIS OF AWARD
Basis of Award
Award of one order will be made to the lowest responsive and responsible bidder. Incomplete bids may be deemed non-responsive.
It is understood and agreed that the bidder will furnish, if required by the MBTA, increased quantities of the above size containers, at our quoted price per pick-up.
Bidders must quote unit prices (price per pick-up), extended prices (estimated two year price), and total bid price (total estimated two year price). In the case of error in price extension (mathematical error), the unit price shall prevail. Invoices must be monthly.
Bidders must quote the same price per pick-up, for each size container, within an area. Example, the price per pick-up for a 30 yd. Container must be the same.
The contractor shall furnish the specified containers, on a no-charge basis.
The Authority reserves the right to add or delete locations, increase or decrease the number of containers and to change the sizes of containers at anytime during the contract.
The contractor shall furnish any additional containers, on a no-charge basis, and service them at the quoted price per pick-up. Containers shall be emptied upon notification by the Authority.
Contractor shall report volume information to the MBTA on a quarterly basis.
The number of pick-ups is estimated. The actual number may vary upward or downward from the estimates. Pick-ups are to be made only upon notification by the Authority. The Authority will compensate the contractor at the quoted price(s) per pick-up for the various size containers multiplied by the actual number of pick-ups.
All containers shall be emptied into contractor’s compaction units within twenty-four (24) hours after notification by the Authority.
The contractor shall submit invoices, by the fifteenth of each month, for the preceding months’ service. Invoices shall indicate for each container; location, size, number of pick-ups during the month, price per pick-up, total monthly price per container and grand total monthly price.
The contractor shall start the work under the contract immediately after being notified to do so by the Authority and the changeover shall be completed by forty-five (45) days after such notification.
Witholding/Reducing Payment:
The Authority reserves the right to withhold payment to the contractor or reduce the amount of payment, if the Authority determines that the contractor has failed in any regard to perform in accordance with this contract. Prior to withholding or reducing payments set out above, the Authority shall provide the contractor with reasonable notice and an opportunity to immediately cure.
Scope of Work:
The work to be performed under this contact consists of furnishing all necessary equipment, containers and labor and performing all work as required by the contract in strict accordance with these specifications.
Description:
The General conditions stated herein shall apply to any and all parts of the work to be performed under this contract.
Examination of Specification and Size of Work:
The bidder shall carefully examine the specifications and inspect the sites of the proposed work in order to satisfy himself by examination as to all local conditions affecting the contract, and as to the detailed requirements of operations. Failure to do so will in no way relieve the successful bidder from the necessity of furnishing any material or performing any labor that may be required to perform the work in accordance with the true intent and meaning of the contract and specifications without additional cost to the Authority.
Intent of the Specifications:
The contract shall furnish all necessary equipment; front end, rear end, roll off containers and compactors and the necessary vehicles and labor to empty and/or remove them, such as may be required to perform the work in accordance with the specifications and terms of the contract.
Additional containers shall be delivered on 24 hour notice to locations specified by telephone. Containers delivered must be removed within four (4) hours of telephone notification of same. The contractor shall furnish and install all equipment necessary to operate compactors. The Authority will provide the necessary electric service to the location of each compactor.
Superintendence by Contractor:
The contractor shall give his personal superintendence to the work or have a superintendent or a competent foreman with authority to act for him regularly supervising the work performed by the contractor’s personnel.
Workmanship:
All work shall be executed in a thorough workmanlike manner by competent personnel in strict accordance with the specifications and to the entire satisfaction of the Authority.
Not to Sublet or Assign:
The contractor shall keep the contract under his control and shall not assign by power of attorney or otherwise any portion of said work or any monies payable under the contract or his claim thereto, unless by the previous approval of the Authority.
Responsibilities for Damages:
The contractor shall be held responsible for all damages to property of the Authority or private property, including structures, equipment, footwalks, grounds etc. at the site and all injuries to persons during and incidental to the work performed by his personnel. The contractor shall restore, at his own expense, any property of the Authority or private property damaged or injured in consequence of any act or omission on his part, or on the part of his employees or agents, to a condition similar and equal to that existing before such damage or injury was done, and to meet the approval of the MBTA. He shall assume the defense of and indemnify and save harmless the Authority and all officers and agents of the Authority from all claims relating to injuries to persons or damage to property; to labor equipment or materials furnished for the work. The contractor shall be responsible for payment of all services, labor, equipment and materials furnished by or through him for the purposes of the contract.
Fire Prevention:
The contractor shall be liable for any fire loss to the property of the Authority attributable to negligence on the part of the contractor.
Maintenance of Containers:
The contractor shall maintain the rubbish containers and compactors in a manner satisfactory to the Authority.
Emptying/Pick-Up
Containers shall be emptied only upon notification of the Authority.
All Containers shall be emptied into contractors’ compaction unit, within twenty-four hours after notification by the Authority.
Bidder’s Name:
Address:
Federal Identification Number:
Contact’s Name:
Telephone Number:
Email Address:
3. INSTRUCTIONS TO BIDDERS
3.1 Scope of Proposal
Pursuant to this Invitation for Bid (“IFB”), Bidders are required to comply with the terms and conditions stated herein in order to be deemed responsive and responsible. If a bid does not meet all of the requirements listed in the IFB, the Bidder’s proposal may be disqualified. Failure by the Bidder to examine all information pertaining to this solicitation or participate in any scheduled on-site visits will be at the Bidder’s risk.