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HomeMy WebLinkAbout2005-06-27 05-235 ORDERItem/Subject Order, Bid Award— Refuse Collection Services Responsible Department Purchasing / City Hall Commentary: On April 20, 2005 the City received two (2) bids for the five-year contract for refuse collection sernces. The base bid prices for the first year were $424,840 from Pine Time Waste Services of Henson, the 0ry4 current service provider and $597,402 Tom Waste Management of Brewer — see attached bid tabulation for complete details. The low bid from Pine Time was significantly higher than the current annual cost of $259,519. Pine Tree indicated that the increase was due mainly to the increased cost of insurance, labor and fuel. Another reason given for the steep increase was the exceptionally low oast of services in the current contract, which produced an operating loss for Pine Tree. The proposed costs from Pine Tree are similar with [ire cost of refuse collection in other municipalities of approximately the same sire as Bangor— see attached memo from Dana Wardwell that compares the cost per stop for those municipalities. On June 20, 2005 the Finance Committee reviewed the various options for refusQQQ..{��ollet$io Mc and approved staff recommendation beaward the contact to Pine Tree Waste SeMde �th{Ja toy $2,175,865.00 for the five year period. Maarrager's C(�ommental C rflyK/N `n"�' tl. City Manager Associated Information: Order, Bid Tabulation, Award Recommendation Budget Approval: nance Director Legal Approval: Gry 5 idtor passage First Reading page _ of Referral Item Ra 05-235 Date: June 13, 2005 Item/Subject Order, Bid Award— Refuse Collection Services Responsible Department Purchasing / City Hall Commentary: On April 20, 2005 the City received two (2) bids for the five-year contract for refuse collection sernces. The base bid prices for the first year were $424,840 from Pine Time Waste Services of Henson, the 0ry4 current service provider and $597,402 Tom Waste Management of Brewer — see attached bid tabulation for complete details. The low bid from Pine Time was significantly higher than the current annual cost of $259,519. Pine Tree indicated that the increase was due mainly to the increased cost of insurance, labor and fuel. Another reason given for the steep increase was the exceptionally low oast of services in the current contract, which produced an operating loss for Pine Tree. The proposed costs from Pine Tree are similar with [ire cost of refuse collection in other municipalities of approximately the same sire as Bangor— see attached memo from Dana Wardwell that compares the cost per stop for those municipalities. On June 20, 2005 the Finance Committee reviewed the various options for refusQQQ..{��ollet$io Mc and approved staff recommendation beaward the contact to Pine Tree Waste SeMde �th{Ja toy $2,175,865.00 for the five year period. Maarrager's C(�ommental C rflyK/N `n"�' tl. City Manager Associated Information: Order, Bid Tabulation, Award Recommendation Budget Approval: nance Director Legal Approval: Gry 5 idtor passage First Reading page _ of Referral 05-215 nssisoea to cow<uo: rasmeu June 22. zoos CITY OF BANGOR (MLE.) Order, Authorizing Bid Award far Refuse Collection Services By the Oty Coumi/ofMe City of Bangor: ORDERED, THAT, David N. Pellegrino, Purchasing Agent, is hereby authorized to execute a Five-year contract with Pine Tree Waste Services for refuse collection services in the amount of $2,175,865.00. III CIT4 COMM June 27. 2005 Mtim Made and Secuoted # 05-235 (TITLE,, Imi tborzin Mid A crd for Mefone Collect w servJces Assigned to Councilor A� •////'Ay ^"�� 0s135 Ba or wine Refuse Collection Services Contract City of Bangor and Pine Tree Waste Seervice THIS CONTRACT made this first day of July, 2005, by and between the City of Bangor, hereinafter called the City, and Pine Tree Waste Service, hereinafter called the Contractor. . NOW, THEREFORE, in consideration of the foregoing and other valuable consideration paid b the Contractor and with the parties hereto intending to he legally bound, the Contractor and City agree as follows: 1. State of Work: The Contractor agrees to provide collection services; for the Routes noted in the proposal date March 30, 2005, in accordance with. the Specifications for a period of five years. 2. Compensation: For the services referred to in Paragraph No. 1 above, City agrees to pay to the Contractor, subject to the terms and conditions of the Specifications and this Contract, as follows: Annual (a) During the First Contract Year: $424.840.00 (b) During the Second Contract Year: $424.840.00 (c) During the Third Contract Year: $433.337.00 (Labor amount included in fear $228.507.00 (d) During the Fourth Contract Year: $442.004.00 (Labor amount induced in fear $234.599.00 (e) During the Fifth Contract Year: $450.844.00 (Labor amount included in fee)'. $240.869.00 `Amount subject to annual CPI -VV adjustment (See paragraph 10. Service Rates & Modifications) I- -bioe amtrv3e roe COAaa Pape f of 7 usean 0s23s All amounts properly due and payable to the Contractor hereunder shall be remitted to the Contractor on the basis of monthly installments, in accordance with Paragraph 12 of the Contract. 3. Equal Employment Opportunity: Contractor shall not discriminate against any employee or applicant for employment because of race, religion, calor, sex, or national origin. Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, calor, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other compensation, and selection for training, including apprenticeship. 4. Insumnce: The contractor shall carry an insurance policy providing complete broad form comprehensive general liability insuring including, but not limited to manufacturers and contractors liability, independent contractor's liability, contractual liability, completed operations liability, and automobile insurance including hired and nonownetl insuring the contractor and the City of Bangor, limits of which shall not be less than $1,000,000 for combined bodily injury and property damage. Said insurance shall be provided by an insurance company Accursed to do business in the State of Maine. The City of Bangor shall be named as an additional insured with the contractor under the aforesaid insurance policies. The Contractor also shall carry adequate insurance to cover the risk and requirements specifetl under the WoBers Compensation Laws of the State of Maine. The successful bidder shall, within ten If 0) days after receipt of notification that the contract has been awarded, furnish cedi5cates evidencing its compliance with the provisions of this paragraph. Such policy shall provide that the City be given a minimum of thirty (30) days written notice regarding any change, cancellation, or lapse of such policy. 5. Indemnification: The Contractor shall indemnify, defend and hold harmless the Owner from and against all claims and actions, and all expenses incidental to such claims or actions, based upon or arising out of damage to property or injuries to persons or other tortuous acts caused or contributed to by the Contractor or anyone acting under its direction or control or in its behalf in the course of its performance under this Agreement, provided the Contractors aforesaid indemnity and hold harmless agreement shall not be applicable to any liability based upon the sole negligence of the Owner. The Contractor hereby expressly agrees that it will defend, indemnify, and hold the City of Bangor harmless from any and all claims made or asserted by Contractor agents, servants, or employees arising out of Contractor activities under this Agreement Contract. II---'Rolessionel service ecnVml Page 20 7 Refuse Cdlection _ -- ----- For this purpose, Contractor hereby expressly waives any and all immunity it may have under Maine's Workers Compensation Act in regard to such claims made or asserted by Contractors agents, servants, or employees. The indemnification provided under this paragraph shall extend to and include any and all costs incurred by the City of Bangor to answer, investigate, defend and settle all such claims, Including but not limited to the City of Bangor's costs far attorneys fees, expert and other witness fees, the cost of investigators, and payment in full of any and all judgments rendered in favor of Contractor's agents, servants or employees against the City of Bangor in regard to claims made or asserted by such agents, servants or employees. 6. Performance/Pavment Bond: Before execution of the confect between the Contractor and the City, the Connector shall furnish to the City a proper performance bond approved by the City Solicitor, stating that the Contractor shall faithfully perform all Ne provisions and terms of the contract and related documents and pay all laborers„mechanics, and subcontractors, and all persons who supply such contractor with provisions and supplies for such work; which bond, or letter of credit, shall be signed by the Contractor and bonding/surety company licensed to do business in the State of Maine, and shall be in the amount of $75,000 for the contract term, which shall at all times be kept in full force and effect. 7. Compliance with Laws: Contractor shall keep himself fully informed of all national and state laws and all municipal ordinances and regulations in any manner affecting the work or performance of this contract or any extra work, and shall at all times observe and comply with such laws, ordinances and regulations, whether or not such laws, ordinances or regulations are mentioned herein, and shall indemnify the City, its officers, agents, and employees against any claim or liability arising from or based on the violation of any such laws, ordinances or regulations. 8. Liability for Damages: The City, its officers, agents, or employees, shall not in any manner be liable or responsible fpr any loss or damage due to the Contractor's work or to any part thereof; to any materials, building, equipment, or other property that may be used or employed therein, or placed on the work site during the progress of the work; for any injury done or damages or compensation required to be paid under any present or future law, to any person, whether an employee of the Contractor or otherwise; or for any damage to any property occurring during or resulting from the work. Contractor shall indemnify the City, its officers, agents and employees against all such injuries, damages, and compensation plus the reasonable cost of attorneys fees arising or resulting from the Contractors work pursuant to this Connect. pioresslmel Sentice eonfre f Pape3o/> - R¢Nre carkction 9. Certificates. Licenses and Permits: Contractor shall secure at his own expense all necessary certificates, licenses and permits from municipal or other public authorities required in connection wRh the collection services. 10.Service Rates and Modifications The service rate for fiscal years 2006 and 2007 shall be that figure listed for those years on the attached quotation sheet. No inflationary adjustment of figures will be allowed. The service rates for fiscal years 2008, 2009, and 2010 shall be as listed on the attached quotation sheet. An inflationary adjustment will be allowed for these fiscal years for labor costs only. The inflationary adjustment shall be based on the percent change from May to May of the previous year using the Consumer Pace Index for Urban Wage Earners and Clerical Workers (CPI -W) for the U.S. City Average. If this index is discontinued or not published, the City will use an equivalent price adjustment index. Contractors shall note in the space provided the amount of labor that is included in the annual fee. There will be annual adjustments in service rates for the final three years of this contract for an increase or decrease in the number of stops. The increase or decrease will be based on the number of certificates of occupancies issued and buildings demolished by July 1, 2008, 2009, and 2010 according to the records of the Code Enforcement Office, 11 -Disagreements: To prevent all disputes or litigation, it is understood that all questions arising as to the proper performance and the amount of work to be paid under this contract shall be the final and sole decision of the Citys Director of Operations and Maintenance. The decision of the Director of Operators and Maintenance shall be final and conclusive unless, within ten (10) calendar days from the date of receipt of the decision, the contractor mails or otherwise delivers a written.appeal to the City Manager and his decision may be reviewed by the Finance Committee if requested in writing within five (5) days of the City Manager's decision. 12. Billion and Payment Contractor The City shall make payments on a monthly'anears" basis. The Contractor shall issue an invoice to the City at the end of each calendar month for the total amount of the monthly installment with Net 15 terms specified on the invoice. Upon receipt of the monthly invoice, the City shall make payment to the Contractor in accordance with its normal invoice payment cycle. From the total amount of the monthly payment, the City shall deduct any charges or penalties or for any other breach of service or Contractor negligence as specified in Section 24 above. PMe55brrei$Mn Carrtracf Paga4ai3 Rede Coaec 05-235 In the event the Contractor has outstanding past due accounts receivable due to the City, monthly payments will be withheld until such account is curtent with the City. The City will directly pay PERC all tipping fees for the City's residential solid waste. 13. Nan -Assignability and Termination of Contract: The Contract or any interest therein or part thereof, shall not be assigned, whether by operation of law or otherwise, or shall any part thereof be subcontracted, without prior written consent of the City. The City reserves the right to cancel or terminate the contract at any time in case the Contractor fails or neglects to perform or adhere to any provisions, terms or regulations of the contract or fails to abide by any of the conditions or covenants herein contained. 14.Termination: Termination for Default When the contractor has not performed or has unsatisfactorily performed the contract, the City may terminate the contract for default. Upon termination for default, payment may be withheld at the discretion of the City of Bangor. Failure on the part of a contractor to fulfill contractual obligations shall be considered just cause for termination of the contract. The contractor will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the City in contracting and completing the work. Termination for Convenience The City of Bangor reserves the right b terminate this contract for convenience upon giving thirty (30) days written notice to the Contractor. Termination far convenience will be invoked for reasons of cause relating to the Contractor's performance of its contractual obligations. Said reasons of cause relating to Congraclors' performance of its contractual obligations shall be determined solely by the City. Should the City terminate this Contract for convenience, the City shall be under no obligation to document such cause to Contractor or to any adjudicator body. The City shall pay all reasonable costs incurred by the contractor up to the data of termination. However, in no event shall the contractor be paid an amount that exceeds the price bid for the work performed except for the payment outlined below. The contractor will not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination. The City agrees that if the termination for convenience option is exercised, the City will purchase from the Contractor at fair market value the packers that are five years old or less. The City will be obligated to buy from the contractor only those packers used in the collection operations of the City of Bangor. In addition, the City agrees that if it exercises the termination for convenience option, it shall make and additional payment to the Contractor as set forth in the following schedule: Fmrew=al service Cori Peae 5 a] Reruse cmreoW 05-335 During year one of the Contract: $25,000.00 During year two and three of the Contract: 12,500.00 During year four of the Contract 6,250.00 During year five of the Contract: 0.00 In the event that the City terminates the Contract for convenience, the action will be subject to review by the Finance Committee of the City Council and the concurrence of the City Council. 15. Modificatlons: The City may modify this contract whenever in its opinion it shall deem it necessary or advisable to do so. Contractor shall accept such modifications when ordered in writing by the City Manager. Any such modifications shall not subject the Contractor to substantial increased expense without equitable compensation. If any modification results in a decrease in the cost of work involved, an equitable deduction from the contract price shall be made. The determination of any such additional compensation or deduction shall be based upon the contractors original bid. 16.Assinnment: Contractor shall not sublet any part of the work under this contract or assign any monies due him hereunder without first obtaining the written consent of the City. This contract shall inure to the benefit of and shall be binding on the parties and on their respective successors and assigns. Neither party shall assign or transfer his or its interest herein in whole or in part to this contract without the written consent of the other. 17.Nottces: , . All notices required or permitted to be given under this contract or the specifications shall be in writing and shall be deemed to be properly and sufficiently given when deposited in the mail, postage prepaid, registered or certified, and addressed to the party entitled to receive such notice as set forth below or to such other address as that party shall subsequently designate to the other party by notice given in accordance with this section. Except, however, that daily complaints of missed pickups or carelessness may be transmitted by telephone and/or written service request forms. CITY CONTRACTOR: Director of Operations B Maintenance - Pine Tree Waste Service City of Bangor 31 Freedom Parkway 530 Maine Avenue Hermon, Maine 04,101 Bangor, Maine Ill Notice given in any other manner shall be deemed effective only when the written notice is actually received. Poseysimal service Conbecf Page 6of7 - - - Refuse Collection- 05 235 18.Waivers: No party hereto shall be deemed to have waived any right, power, or privilege under this contract or any provision thereof unless such waiver shall have been duly executed in writing and acknowledged by the City lc be charged with such waiver. The failures of any party hereto to enforce at any time any of the provisions of this contract or any part thereof or the right of any party to thereafter enforce each and every such provision. No waiver of any breach of this contract shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this contract shall be taken and constmetl as cumulative, that is, in addition to every other remedy provided herein or by the law. 19.Integration: This contract, Specifications, Equipment and Experience Questionnaire, and the Bid Form submitted by the Contractor along with all Exhibits attached thereto set forth the entire agreement and understanding between the parties hereto as to the subject matter of this contract and merge and shall supersede all prior agreements, commitments, representations, writings, and discussions between them, and neither of the parties shall be bound by any obligations, conditions, warranties, or representations with respect to the subject matter of this contract, other than as expressly provided in this contract or as duly set forth on or subsequent to the date hereof in writing and signed by the proper and duly authorized representative of the party bound thereby. IN WITNESS WHEREOF, the City of Bangor has caused this instrument to be signed by as Purchasing Agent, David N. Pellegrino, hereunto duly authorized, and the Contractor has caused this instrument to be signed by its Division Maineger, William G. QeRoss, hereunto duly authorized to execute this instrument, this 2,�ay of l4rte , 2005. Witness: City of Bangor nil N egrin hating Agent Witness: Pine Tree Waste Service (contractor) ww� 2) 1 - William G. DeRoss, Division Manager Processional Semce Cwrtad Page 7 oft Refuse ccffie n -235 Option #I 05 Vendou PINE TREE WASTE SERVICE B�r i, RESIDENTIAL REFUSE COLLECTION PROPOSALFORM I, the undersigned hereby declare that I have examined the "Instructions to Bidders", "Specifications for Rubbish Collection", Company Equipment and Experience Questionnaire, and Sample Contract and all conditions including streets and roads in the City of Bangor, Maine affecting the provision of residential rubbish collection and hereby propose to collect, remove and dispose of residential rubbish as follows: Weekly Residential/Municipal Rubbish Collection per Specifications Item Description 1. For the First year of complete weeld curbside refuse collection throughout City of Bangor for Fiscal Year 2006, a period from July 1, 2005 through June 30, 2006, (excluding the cost of Epping fees) the sum as follows for the fiscal year. Annual Fee (All Routes):(Excluding Tipping Fee) If 424,840 2. For the Second year of complete weekly curbside refuse collectionthroughout the City of Bangor for Fiscal Year 2007, a period from July 1, 2006 through June 30, 2007, (excluding the cost of tipping fees) the sum as follows for the fiscal year: Annual Fee (All Routes):(Excluding Tipping Fee) $ 424,840 3. For the Third year of complete weekly curbside refuse collection throughout the City of Bangor for Fiscal Year 2008, a period from July 1, 2007 through June 30, 2008, (excluding the cast of tipping fees) the sum as follows for the fiscal year. Annual Fee (All Routes): (Excluding Tipping Fee) $ 433,337 Labor Amount included in Annual Fee' $ 228,507 4. For the Fourth year of complete weekly curbside refuse collection throughout the roue, iexcmmng me cosy or ipping Tees) me sum as ronows Tor me nscal year: Annual Fee (All Routes):(Excluding Tipping Fee) $ 442,004 Labor Amount included in Annual Feer $ 234,599 RequeN hrPmpcsals Paga 160140 Restlential Refuse Collection 05-235 Option # 1 5. For the Fifth year of complet eekly curbside refuse collection throughout the City of Bangor for Fiscal Year 2010, a period from July 1, 2009 through June 30, 2010 (excluding the cast of tipping fees) the sum as follows for the fiscal year: Annual Fee (All Routes): (Exch Tipping Fee) $ 450,844 Labor Amount included in Annual Fee* $ 240,869 Contractor. PINE TREE WASTE SERVICE Address: 31 FREEDOM PAR%WAY BILL OEROaS nTVTSTON MANAGER Type Name & Title Telephone Number: a48-1991 Date: APRTr. 26. zoos 'This amount of the annual fee is subject to an annual CPI -W adjustment per paragraph 10 of the Contract Agreement. (The annual fee will only be adjusted in accordance with the number of stops - per paragraph 10 of the Contract Agreement.) Reouest(oT Proposals _.. _ P39€199f40_____. _ ftes(tlentlal fte/usg CpllecOm _.__I- CITYOFEANGOR AWARD RECOMMENDATION BID ITEM(S): Refuse Collia;lion DEPARTMENT: City W'd BUDGET REFERENCE: Requisition No.: Account Number: 524]-J3020320 Budgeted Amount:$92633200 Available Balance:$ 42633200 Total Amount of Award Recommended: $424840.00 - Vendors Recommended: Pine Tree Waste Servim Number of Bids Sent: 5 Number of Bids Received: 2 Data Advertised: 03/30/05 Bid Opening Date: 04/20/05 Part Experience with Vendor: X Excellent_ Good _Fair _Pear—No Prior Experience If no experience, references checked or other method of vendor reliability established OTHER COMMENTS: Award the Ove year contract to Pine Tree Waste Services, the mast competitive proposer for these services. The annual cost for these services has Own significantly due mainly W the increased cwt of insurance, labor and fuel. Another reason for the steep increase over last years cost Is the exceptionally low cost of services in the previous conal. T posed costs from Pine Tree compare favorably with the cost of refuse collectio of r nia alines of approximately the same she as Bangor– see attached Informatla lic o Director Pu asin It APPROVALS***#z********** ***zz CITY COUNCIL FINANCE COMM J L Date: City of Bangor Bid Tabulation - Refuse Collection Bid Opening 0420105 "NOTE: Labor amount is included in annual amount 'NOTE: FSC= Feel Service Charge Waste Managm net Brewer, Maine Option in Pine Tree Waste Service Herman, Maine Option #2 ITEM DESCRIPTION - LABOR AMOUNT ANNUAL AMOUNT TOTAL AMOUNT LABOR AMOUNT LABOR AMOUNT TOTAL AMOUNT 1 VearYJu11.2005June 2006 30200fi $597.402.00 2 $424,040.00 $424.840.00 7,2006 $013,8900+FSC 8413,]]900+FSC 2 Vear 2: Jul 1.2006June 30, 200] 1,200] $424,84900 $424,840.00 $175000.00" $413,]]900+FSC $413,]]900+FSC 3 Year 3: Jul 1,200] -June W. 2008 $228.50].00" $433.33>.00 $033,33].00 $228.50]00" $44205400+FSC $042,054.00+FSC 4 Year 4: Jul 1,2008 -June 30, 2009 $234,598.00^ $442,000.00 $442,004.00 $234.599.00^ 5430.491100+ FSC $430,496.00+FSC 5 Year S: Jul 1.2009 -June 30, 2010 $249869.00" $450,84400 $450.644.00 $240889.00" 5439,10600+FSO $439.108.00+ FSC $3,301,023.00 Total: $]03.9)3.00 $&1>5,865.00 $2.1]5,065.00 $]03,8]5.00 $11139214.00 + FSC $2,139,214.00+FSC "NOTE: Labor amount is included in annual amount 'NOTE: FSC= Feel Service Charge Waste Managm net Brewer, Maine ITEM DESCRIPTION LABOR AMOUNT ANNUAL AMOUNT TOTAL AMOUNT t YearLJuI 1 2005 -June 30, 2006 $59],40200 $597.402.00 2 Veer 2: Ju 7,2006 -June 39200] $62],21200 $82],2]2.00 3 IYear 3: July 1,200] -June 30.2008 $175000.00" $658636.00 $650,838.00 4 Year4: Jul 1,2008-June30,2009 $180,00900" $891,567.00 $691,567,00 5 Yeer5: July 1, 20W -June 392010 $185.000.00" $726,14800 $726.14600 Total: $540,000.00 $3,301,023.01) $3,301,023.00 05-235 Ity of Bangor ine To: Jim Ring Fmm: Dare Wartlwell CC: Date: 06/16005 Ra: Curmide mbbisb cdlwCHM compa3one Jim, Here are anine wmpensons wAM1 oPer towns Nag we private contractors br curbetm rubb46 ccM Hbn Stays "Cost/Year Co3MbpNreek Contract Hauler 1.0angar(FY85) b510 $259,519 $ 586 95 Pine kee 28angm(F)08) A 10 8424,840 $.98 115 Pine Tree 3Bmwor(FY05) -2992 $147,407 $.95 2/2 Pine Tree 4Hmvmr(FY06) -2992 $155,8% $100 1/5 Pine Vee 5. Lewislon(FY06) -8500 $113.265 $935 M5 Pine Tree 6 FaImWN(FY05) 4200 $148,512 $68 - 7 7 7HoMen (FY05) -1300 $43,264 $.64 7 •a Wile Mgt SHennon(FY06) -2000 $58,950 $.557 415 'i Pine Tree 011eanwi(Propwetl) -2000 $117,000 - ${125 53 Pne Tree 1004d Town (F`( 05) -1600 $125,319 V OSS 32 's Llyc Sunrise ROrwro(FY05) -1465 $58,978 $ 774 111 -6 Griffin 12 OningRm(FY05) 7 $54,491 - 7 ow Pine Tree 13 0Mngbn(FY06) 7 $58,500 1 - New -6 Kalus Pagel O5-235 Nole: '1. FY 06 IS IM1e last year of Heron's 5 year contact and Pine Tree is asking them to renegoliate Me fast year of IM1e contract. Pine Tree's proposal is Item i above. '2 FY O6 is Me Second year of a 5year contlacl for Letrslon. '3 Old Town Includes wNSIEe recycling pick up. Iii is the last year of a 5 year contract with Lilac Suntlse and they anfli a signs nl Increase. '4 Holden is in like first year of a 3 War contest AM Waste Management 'SOront rreyollales win Griffin annually 16 Pine Trees bill in Orringlon for FY (W) was Niki w