REQUEST FOR PROPOSALS FOR THE REPLACEMENT OF TRUCK SCALE for the DUTCHESS COUNTY RESOURCE RECOVERY AGENCY POUGHKEEPSIE, NEW YORK NOVEMBER 26, 2008
NOTICE TO PROPOSERS FOR TRUCK SCALE REPLACEMENT FOR THE DUTCHESS COUNTY RESOURCE RECOVERY AGENCY POUGHKEEPSIE, NEW YORK Notice is hereby given that Proposals are being accepted for the replacement of a 10 x 60 in-ground truck scale located at the Dutchess County Resource Recovery Agency s (Agency s) Material Recovery Facility (MRF) located at 50-51 Fulton Street, Poughkeepsie, New York 12601. The MRF is on property owned by Dutchess County (County). Proposals will be received at the Agency s office at 96 Sand Dock Road, Poughkeepsie, New York 12601, until 3:00 p.m. EST on December 5, 2008. Copies of the request for proposals are on-line at www.dcrra.org, or may be requested from the Agency. Contact the Executive Director or Denise Walsh for copies and an appointment to inspect the existing scale. The Agency retains the right to reject any or all Proposals, to waive any informality in any Proposal, to accept the Proposal which in its sole judgment best serves its interest, and to negotiate the terms of an agreement with the selected Proposer. William J. Calogero, Executive Director Dutchess County Resource Recovery Agency 96 Sand Dock Road Poughkeepsie, New York 12601 845-463-6020 November 26, 2008 2
REQUIRED SERVICES The successful Proposer will be responsible for the removal of the existing in-ground scale and replacement with a 10 x 60 in-ground 100 ton minimum capacity truck scale in the existing pit, including load cell replacement, pilings, new steel deck with at least two (2) manholes and anti-slip coating, electrical/software to be connected to and compatible with existing RICS facility software. Calibration, testing and Weights and Measure certification shall be included. Removable platform and load cells are required. Proposers shall specify warranty terms (minimum five (5) years) and type of load cells. Debris removal is to be proposed as an alternative. All work must be completed and accepted within 60 days of contract execution. Late completion shall be subject to a negotiated penalty. All on-site work is subject to Prevailing Wage payment, recordkeeping, and reporting. Proposal Submission INSTRUCTIONS TO PROPOSERS Proposals will be received no later than 3:00 p.m. EST on December 5, 2008 at the office of William J. Calogero, Executive Director Dutchess County Resource Recovery Agency 96 Sand Dock Road Poughkeepsie, New York 12601 Each Proposer shall submit five (5) hard copies of the Proposals in a sealed envelope or box by US Postal Service First Class Mail or equivalent delivery system. The Proposals shall be enclosed in an outer envelope or wrapped with the notation "PROPOSALS FOR TRUCK SCALE REPLACEMENT" displayed prominently on the face of the outside envelope or wrapper. Questions from Proposers Any questions from Proposers regarding the interpretation of any portion of this RFP shall be requested in writing and received at the Agency by mail, express delivery service, facsimile or hand delivery. All questions and responses will be furnished to all potential Proposers who have provided the Agency with contact (mail, fax, email, telephone) information. All questions should be directed to: William J. Calogero, Executive Director Dutchess County Resource Recovery Agency 96 Sand Dock Road Poughkeepsie, New York 12601, or: 3
Ms. Denise Walsh Dutchess County Resource Recovery Agency 96 Sand Dock Road Poughkeepsie, New York 12601 Notwithstanding the fact that the Agency will receive questions only by facsimile or delivery of hard copies, as specified above, the Agency reserves the right to communicate with Proposers by e-mail or any other method of delivery or transmission. New York State's State Finance Law Sections 139-j and 139-k. All procurements by the Agency in excess of $15,000 annually are subject to New York State's State Finance Law Sections 139-j and 139-k, effective January 1, 2006 ("Lobbying Law"). All "contacts" (defined as oral, written or electronic communications with the Agency intended to influence a procurement) during a procurement must be made with the designated Point of Contact, the Executive Director or Ms. Denise Walsh. Exceptions to this rule include written questions during the bid process, communications with regard to protests, contract negotiations, and RFP conference participants. Nothing in the Lobbying Law inhibits any rights to make an appeal, protest or complaint under existing administrative or judicial procedures. The statutes require the Agency to obtain certain affirmation and certificates from bidders and proposers. See Form E. Disclosure of Prior Non-Responsibility Determinations. New York State Finance Law Section 139-k(2) obligates the Agency to obtain specific information regarding prior non-responsibility determinations and that Form F be completed and submitted by all Proposers. Preparation of Proposals Each Proposal shall be submitted on copies of the forms provided herewith (Forms A through F), supplemented with additional sheets as necessary, and signed by a person authorized to commit the Proposer to enter into a contractual arrangement with the Agency. The forms to be submitted are as follows: Form A - Letter of Transmittal Form B - Cost Proposal Form C - Proposer Information Form D - Non-Collusion Affidavit Form E - Proposer's Affirmation and Certification Form F - Disclosure of Prior Non-Responsibility Determinations 4
Proposer Qualifications Each Proposer shall demonstrate the capability, experience, qualifications and financial resources to provide the services described in this RFP. The required qualification submittal shall include general company information, pertinent experience and references. All of the information submitted will be considered in evaluating the Proposer's ability to perform the services described in this RFP. (See Form C - Proposer Information). The Agency may request such additional information from Proposers as it deems necessary. Non-Collusion Each Proposer shall execute and submit a Non-Collusion Affidavit in the form provided herein to the effect that it has not colluded with any other person, firm, or corporation with regard to the preparation of this Proposal, as provided for in Section 103-d of the General Municipal Law of the State of New York. See Form D. Rights and Options of the Agency The Agency reserves the following rights and options with respect to any and all Proposals submitted in response to this RFP: a) To select and enter into negotiations and enter into a contract with one or more Proposers concurrently or consecutively, whose Proposals, in the sole judgment of the Agency, are most responsive to this RFP; b) To supplement, amend, or otherwise modify this RFP, or to withdraw this RFP entirely; c) To change or alter the schedule for any event called for in this RFP; d) To require additional information from any Proposer as a condition for continuing negotiations; e) To require Proposers to submit references with respect to performance of services, including those similar to those required under this RFP, or to the financial condition of the Proposer; and f) To conduct background checks of all Proposers and their principals and employees; g) To reject any or all Proposals. 5
PROPOSAL EVALUATION Proposals will be evaluated to determine the Proposal that best serves the interests of the Agency. Overall cost to the Agency will be an important criteria for evaluation, but the Agency may award the contract to a responsible Proposer whose proposal is most responsive to the RFP, provides the best value to the Agency and is in the best interest of the Agency, including response time for post-sale service. NEGOTIATIONS The Agency expects to expeditiously enter into negotiations for a contract with one or more Proposers whose Proposals appear to serve the interests of the Agency. The Agency may negotiate simultaneously with one or more Proposers or may conduct sequential negotiations. CONTRACT REQUIREMENTS The following provisions will be included in any Agreement resulting from this RFP: (A) Insurance: The Contractor and all subcontractors shall at minimum and as determined by the Agency carry, throughout the life of the Agreement, the following coverage issued by an insurance carrier licensed to conduct business in the State of New York: i. Statutory Workers Compensation coverage, per the Worker s Compensation Law of the State of New York. In the event that the statute does not require coverage of Contractor, Contractor must complete NYS Workers Compensation Board form WCB-100 or 101 and provide the Agency and the County with a properly executed copy thereof. ii. General Liability Insurance coverage in the amount of one million ($1,000,000) dollars. This insurance shall include coverage for bodily injury and property damage. The Agency and the County must be listed as additional insureds iii. In the event that Contractor uses a vehicle to perform the services under this Agreement, automobile liability insurance coverage in the amount of one million ($1,000,000) dollars is required. This insurance shall include coverage for bodily injury and property damage. The Agency and the County must be listed as additional insureds. iv. The Additional Insured endorsement page(s) for all coverages must be provided to the Agency and the County. 6
Failure to take out or to maintain, or the taking out or maintenance of any required insurance shall not relieve Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or limit Contractors obligations concerning indemnification. All property losses shall be made payable to and adjusted with the County. All Certificates of Insurance shall be approved by the Agency and the County prior to commencement of any work under this Agreement. All insurance policies shall contain a provision whereby the insurer agrees to provide the Agency not less than 30 days notice of amendment, cancellation, or non-renewal. In addition, all policies shall name the Agency and the County as additional insureds. The Contractor shall also carry such other coverages as the Agency may require depending on the nature of its Proposal and the relationships among the contracting parties. (B) Indemnification: The Contractor shall indemnify the Agency and the County for all losses, costs, and liability including costs of defense, settlement, and reasonable attorney's fees, arising out of Contractor s performance, or non-performance, of the services covered by this RFP. (C) Payments: Contractor shall propose payment terms, with not less than 50% payable upon completion and acceptance by the Agency. (D) Permits and Approvals: Contractor shall at all times maintain all required permits, licenses, and approvals to perform the work. (E) All work must be completed and accepted within 60 days of contract execution. Late completion shall be subject to a negotiated penalty. * * * * * 7
FORM A LETTER OF TRANSMITTAL Date:, 2008 Proposal of (hereinafter called "Proposer") a corporation/partnership/llc/joint venture/individual/other (circle one) doing business as Type of Services: Replacement of Truck Scale To: William J. Calogero, Executive Director Dutchess County Resource Recovery Agency 96 Sand Dock Road Poughkeepsie, New York 12601 Subject: Truck Scale Replacement Gentlemen: The Proposer, in response to your Request for Proposals, having carefully read the Request for Proposals, and having inspected the existing scale or having chosen not to, hereby proposes to furnish all necessary labor, materials, equipment, services, and supplies to perform the services described in the RFP in accordance with all laws and regulations in effect on the date of this Proposal, within the agreed time period, and at the prices set forth in this Proposal. Proposer agrees that this Proposal shall be good and valid for a period of 180 days after the date of submittal, and that this period may be extended by mutual agreement. Proposer understands that the Agency retains the right to reject any or all Proposals, to waive any informality in any Proposal, to accept one or more Proposals which, in its sole judgment, best serve its interests, and to negotiate terms of an agreement with the selected Proposer. Signed the day of, 2008 Proposer by (Title) 8
FORM B - COST PROPOSAL Date:, 2008 Cost Proposal of (hereinafter called "Proposer") a corporation/partnership/llc/joint venture/individual/other (circle one) doing business as TO: Subject: William J. Calogero, Executive Director Dutchess County Resource Recovery Agency 96 Sand Dock Road Poughkeepsie, New York 12601 Truck Scale Replacement Gentlemen: The Proposer, in response to your Request for Proposals, having carefully read the Proposal Documents for the above subject project, hereby proposes to furnish all necessary labor, materials, equipment, services, and supplies to perform the services described in the Request For Proposals, as follows: MRF SCALE PRICE QUOTE Capacity (100 ton min) Make/Model/Specification Load Cell Type, Make, & Model Steel Platform and Anti-Slip Coating Description Warranties Total Cost Is Disposal Included? -If no, cost Maximum Post-Sale Service Response Time Proposed Payment Terms (Min 50% on Completion and Acceptance) tons Attach Details of System including Constructed Hardware Attach to Proposal Attach Description to Proposal Years, Attach Descriptions To Proposal including Load Cells $ Yes/No $ 9
FORM C - PROPOSER INFORMATION Date:, 2008 (May attach commercial literature with this form) To: William J. Calogero, Executive Director Dutchess County Resource Recovery Agency 96 Sand Dock Road Poughkeepsie, New York 12601 Proposal of a corporation/partnership/llc/joint venture/individual/other (circle one) doing business as and organized under the laws of the State of. I. GENERAL INFORMATION 1. Principal Office 2. Telephone No. Facsimile No. E-mail 3. Names and addresses of all principals (partners, limited partners, members, shareholders, joint venture participants, and managers). 4. List all affiliates: II. GENERAL EXPERIENCE 1. How many years has your organization been in business under your present name? If less than five years, give previous name. 10
2. How many years experience does your organization have in truck scale installation and maintenance? 3. Have you or any principal of your organization ever failed to complete any municipal contract awarded to you? If so, where and why? 4. For what municipal, commercial and industrial organizations have you performed work? Give names of contacts. 5. Have you ever performed work for any agency of the U.S. government? If yes, give names of contacts. 6. List all civil, criminal and administrative proceedings in which the Proposer, any principals (see definition at I-3 above) or any affiliates have been a party or witness during the last three (3) years. (If additional space is needed, please use a separate sheet of paper). 7. Provide any other information that may be relevant to an evaluation of your experience to perform the requested services. 11
FORM D - NON-COLLUSION AFFIDAVIT STATE OF ) COUNTY OF ) SS.: I, the undersigned, being the of the firm making this Proposal to the Dutchess County Resource Recovery Agency for the replacement of the truck scale located at 50-51 Fulton Street, Poughkeepsie, New York, certify that: 1. I have executed said Proposal with full authority to do so. 2. The Proposer has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the preparation of this Proposal. 3. All of the statements made in this Proposal and this Certificate are true and correct, and made in the full knowledge that the Dutchess County Resource Recovery Agency will rely on the truth of the statements contained in said Proposal and this Certificate in awarding a contract for the services described in said Proposal. 4. No person or selling agency has been employed or retained by the Proposer to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. 5. The prices in this Proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, with any other Proposer. 6. Unless otherwise required by law, the prices in this Proposal have not been knowingly disclosed by the Proposer, and will not knowingly be disclosed by the Proposer prior to the submission of Proposals, to any other Proposer or competitor. 7. No attempt has been made by the Proposer to induce any other person, partnership, or corporation to submit or not submit a Proposal for the purpose of restricting competition. 8. The undersigned agrees to comply with all requirements as to conditions of employment, wage rates, and hours as set forth by statute. Signed the day of, 2008, Proposer Sworn to before me this day of, 2008. NOTARY PUBLIC 12
FORM E - PROPOSER'S AFFIRMATION AND CERTIFICATION By signing below, the Proposer: a) Affirms that the Proposer understands and agrees to comply with the policy regarding permissible contact in accordance with State Finance Law Sections 139-j and 139-k of New York State. b) Certifies that all information provided to the Agency with respect to State Finance Law 139-j and 139-k is complete, true and accurate. By: Date: Print Name: Print Title: (Signature of Person Certifying) Proposer Contractor/Consultant: (Full Legal Name) Address: Business Telephone Number: THE AGENCY'S RIGHT TO TERMINATE The Agency reserves the right to terminate a Contract in the event it is found that the certification filed by the Contractor, as Proposer, in accordance with New York State Finance Law 139-k was intentionally false or intentionally incomplete. Upon such finding, the Agency may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the Contract. 13
FORM F DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS Name of Proposer: _ Address: Name and Title of Person Submitting this Form: Has any governmental entity made a finding of non-responsibility regarding the Proposer in the previous four years? If yes: Was the basis for the finding of the Proposer's non-responsibility due to a violation of State Finance Law 129-j? Yes No Yes No Was the basis for the finding of Proposer's non-responsibility due to the intentional provision of false or incomplete information to a governmental entity? Yes No If yes, please provide details regarding the finding of non-responsibility below. Governmental Entity: Year of Finding of non-responsibility: Basis of Finding of Non Responsibility: (Additional pages as necessary) Has any governmental entity terminated a procurement contract with the Proposer due to the intentional provision of false or incomplete information? Yes No A "government entity" is: (1) any department, board, bureau, commission, division, office, council, committee or officers of New York State, whether permanent or temporary; (2) each house of the New York Sate legislature; (3) the unified court system; (4) any public authority, public benefit corporation or commission created by or existing pursuant to the public authorities law; (5) any public authority or public benefit corporation, at least one of whose member is appointed by the governor or who serves as a member by virtue of holding a civil office of the state; (6) a municipal agency, as that term is defined in paragraph (ii) of subdivision(s) of section one-c of the Legislative Law; or (7) a subsidiary or affiliate of such a public authority. (SFL 139-j, paragraph 1.a.) 14