Town of Islip Housing Authority Bid Specifications Cesspool Cleaning & Servicing

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1 Town of Islip Housing Authority Bid Specifications Cesspool Cleaning & Servicing Scope of Work The Contractor shall provide labor and equipment for the efficient removal and disposal of the contacts of sanitary septic systems at various Town of Islip Housing Authority locations on an on-call basis. The TOIHA has septic systems at its Allyn P. Robinson Village complex and at its Ocker s Gardens complex. In addition to the provision of on-call services, the Contractor shall also provide scheduled pumping at both locations in May and October in each year covered in this specification on mutually agreed upon dates. The Contractor shall not cause or allow the mixing of any hazardous material waste with the TOIHA s nonhazardous waste. The Contractor shall be responsible to accurately record transport activity via shipping manifest in accordance with all applicable federal, state and local rules and regulations. All disposal fees are to be absorbed by the contractor as part of his service. Contractor agrees to disposal of all TOIHA waste in properly licensed facilities in accordance with all federal, state and local rules and regulations. The Contractor shall also provide a price for aeration of all cesspools at each complex. Price shall be for full aeration at one site on a per site per visit basis (a complete aeration of the entire site). Response Time The Contractor shall provide twenty-four (24) hour coverage, including holidays and weekends. The Contactor shall respond to a call within two (2) hours. Failure to respond, which necessitates the use of a non-contract company and higher fees will result in a chargeback to the Contractor of record for any amounts over the contract price. The Contractor shall have radio equipped trucks; and a direct 24 hour phone number where he can be reached when required by the Town of Islip Housing Authority. Qualifications of Bidders Forms for qualifications of the bidders, giving evidence of sufficient facilities, equipment, experience, and financial ability to insure the completion of the work, are attached and should be filed with the bid. The Contactor must be able to pump 7,500 gallons at one time, when required by the Town of Islip Housing Authority. Contact Period The TOIHA intends to enter into a contract period of two (2) years with the option for three additional one year extensions, exercisable at the sole discretion of the TOIHA. It is anticipated that the contract period shall begin

2 on or about June 15, 2011 and shall run through June 14, Each optional extension shall run through June 14 of 2014, 2015 and 2016, respectively. Each optional year is at the sole discretion of the TOIHA. Prices and Payment Bid prices shall include any scavenger waste disposal charges imposed at the point of dumping. If this charge increases at some future date during the contract period, the Town of Islip Housing Authority will permit the Contractor to claim an amount equal to the properly documented proof of increase in the scavenger waste disposal fee. Contractor shall submit copies of dump tickets to the Town of Islip Housing Authority for each load of cesspool waste deposited at the Bergen Point Plant with each invoice submitted. Required Insurances & Documentation: The Contractor must provide proof of at least $1,000,000 in general liability insurance, as well as Automobile, Workman s Compensation and Disability Insurances. Once the bidder enters into a contract with the TOIHA, above referenced insurances shall list the TOIHA as Additional Insured and must be maintained for the entire term of the agreement. Contractor shall provide copies of all appropriate licenses with their bid submission. Contractor shall provide three written references with their RFP submission. Section 3 Required Contract Language A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to

3 whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Hud Table Mandatory Contract Clauses For Small Purchases Other Than Construction The following contract clauses are required in contracts pursuant to 24 CFR 85.36(i) and Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. HUD is permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. The PHA and contractor is also subject to other Federal laws including the U.S. Housing Act of 1937, as amended, Federal regulations, and state law and regulations. Examination and Retention of Contractor s Records. The PHA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under this contract, have access to and the right to examine any of the Contractor s directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. Right in Data and Patent Rights (Ownership and Proprietary Interest). The PHA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Contractor pursuant to the terms of this Contract, including, but not limited to, reports, memoranda or letters concerning the research and reporting tasks of the Contract. Energy Efficiency. The Contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L ) for the State in which the work under this contract is performed. Procurement of Recovered Materials (a) In accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if

4 applicable to the item; or (3) are only available at an unreasonable price. (b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract. Termination for Cause and for Convenience (contracts of $10,000 or more). (a) The PHA may terminate this contract in whole, or from time to time in part, for the PHA s convenience or the failure of the Contractor to fulfill the contract obligations (cause/default). The PHA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the PHA all information, reports, papers, and other materials accumulated or generated in performing the contract, whether completed or in process. (b) If the termination is for the convenience of the PHA, the PHA shall be liable only for payment for services rendered before the effective date of the termination. (c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (cause/default), the PHA may (1) require the Contractor to deliver to it, in the manner and to the extent directed by the PHA, any work described in the Notice of Termination; (2) take over the work and prosecute the same to completion by contract of otherwise, and the Contractor shall be liable for any additional cost incurred by the PHA; and (3) withhold any payments to the Contractor, for the purpose of set-off or partial payment, as the case may be, of amounts owned by the PHA by the Contractor. In the event of termination for cause/default, the PHA shall be liable to the Contractor for reasonable costs incurred by the Contractor before the effective date of the termination. Any dispute shall be decided by the Contracting Officer. Miscellaneous Contractor shall clean up and remove all debris and rubbish resulting from his work from time to time. Upon completion of the work, the premises shall be left in a neat unobstructed condition and everything in satisfactory repair and order. Contractor shall ensure that the general public is protected from potential injury in the area immediately surrounding each pumping location and/or as may be required given the circumstances. Equipment, supplies and materials shall be stored at any work site only upon the approval of the Town of Islip Housing Authority and at the Contractor s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of material. Contractor shall furnish adequate protection from damage for all work and shall repair damages of any kind for which he or his workmen are responsible. Contractor must receive written authorization from the TOIHA Management prior to the application of cesspool chemicals at any site.

5 NON COLLUSIVE AFFIDAVIT STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) I,, being duly sworn, depose and say: That I am the party making the foregoing proposal or bid as an individual or an authorized member of a partnership or corporation, that such proposal is genuine and not collusive or sham, that said bidder along with its officers, partners, owners, agents representatives, employees or parties in interest, have not colluded, conspired, connived or agreed, directly or indirectly with any bidder or person to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement of collusion, or communication or conference, with any person to fix the bid price of the affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price or of that of any bidder, or to secure any advantage against the Islip Housing Authority or any person interested in any proposed contract, and that all statements in said proposal or bid are true. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its representatives, agents, owners, employees, or parties in interest, including this affiant. Signature and Title SUBSCRIBED AND SWORN TO before me this day of, 20.

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7 Town of Islip Housing Authority Cesspool Cleaning & Servicing FORM OF BID Name of Firm (Clearly printed) Address Contact Person Office Phone & Cell Phone Address Unit Bid Prices Year 1 Year 2 Year 3 Year 4 Year 5 Price per 1,000 gallons pumped per 1,000 gallons pumped Price to clear and clean waste lines per hour Price to apply cesspool chemicals per gallon of chemicals used Aeration of all pools per site per visit The undersigned has thoroughly familiarized themselves with the facilities, and agrees to provide all services outlined in the attached bid specification for the prices outlined above. The undersigned further acknowledges that he or she is a dully authorized by their company to make this bid submission on behalf of their company. Signature & Title Date Printed

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9 Bid Submission Checklist 1. Form of Bid Submission completely filled out. 2. TOIHA Non Collusion Affidavit completely filled out. 3. Contractor will provide a listing of all principals in the company in order for the TOIHA Board to rule out any potential conflicts of interest. 4. HUD Form 2992 Debarment and Suspension Certification 5. HUD Form 5369-A Representations, Certifications and Other Statements of Bidders completely filled out. 6. HUD Form 2992 Certification Regarding Debarment and Suspension completely filled out. 7. HUD Form 4010 Federal Labor Standards Provisions. 8. HUD Form 4720 Project Wage Rate Sheet completely filled out. 9. HUD Form Certification of Payments to Influence Federal Transaction completely filled out. 10. HUD EEOC Certification completely filled out completely filled out. 11. IRS Form W-9 Taxpayer ID Form completely filled out. 12. Copy of proof of all insurances listed in bid spec. 13. Submit three (3) Letters of Reference for similar work completed within the past three years. 14. Bid Guarantee in the amount of 5% of the total bid price submitted. 15. TOIHA Section 3 Paperwork (from Section 3 Policy & Procedures Guide): TOIHA Business Self Certification Assurance of Compliance Certification Section 3 Action Plan TOIHA Certification of Previous Section 3 Compliance TOIHA Required Section 3 Action Plan and/or Certification

10 QUESTIONNAIRE ON BIDDER S QUALIFICATIONS The following questions are part of the Bid form and must be answered in their entirety by each Bidder. 1. Do you have a Suffolk County dumping permit? Attach a copy of current permit 2. Are you able to respond and pump 24/7, including weekends, and holidays? 3. How many tank trucks do you presently have in your company? 4. Is each tank truck radio equipped? 5. List each tank truck type and its capacity, in gallons: Truck Capacity (gals.) Truck Capacity (gals.) 6. What is your 24 hr. Phone number? 7. List 3 government agencies you have performed work for during the last five years: Government Agencies Dates Worked 8. Provide proof of insurance, including workers comp and disability, as specified in the bid documents. 9. Provide signed copy of Non Collusion Affidavit and HUD form 5369-C with this bid.