RFP: 16-18: Tire Recycling CECIL COUNTY, MARYLAND

Transcription

1 RFP: 16-18: Tire Recycling CECIL COUNTY, MARYLAND Cecil County Finance Department/ Purchasing Division 200 Chesapeake Blvd, Suite 1400 Elkton, MD /5396 1

2 TABLE OF CONTENTS I. PURPOSE. 3 II. OBJECTIVE. 3 III. INQUIRIES. 3 IV. METHOD OF SOURCE SELECTION.. 3 V. PROPOSAL SUBMITTAL REQUIREMENTS. 3 VI. EXAMINATION SITE AND DATA. 4 VII. SCOPE OF WORK VIII. CONSTRAINTS ON THE SUCCESSFUL OFFEROR IX. VENDOR PERSONNEL REQUIREMENTS.. 15 X. RESPONSIBILITIES OF THE ORGANIZATION XI. INSURANCE REQUIREMENTS XII. INSTRUCTIONS FOR PROPOSAL.. 20 XIII. COMPLIANCE WITH THE RFP XIV. PROSECUTION OF WORK 20 XV. REVISIONS DUE TO AMBIGUITY, CONFLICT OR OTHER ERRORS IN RFP XVI. IMPLIED REQUIREMENTS.. 20 XVII. PROPOSALS AND PRESENTATION COSTS.. 21 XVIII. REJECTION OF PROPOSALS 21 XIX. EXCEPTION TO FORMAT. 21 XX. REQUESTS FOR CLARIFICATION.. 21 XXI. VALIDITY OF PROPOSALS. 21 XXII. EVALUATION OF PROPOSAL AND AWARD XXIII. NOTICE TO PROCEED. 26 XXIV. AWARD & TERM.. 26 XXV. PROPOSAL PROTEST ATTACHMENTS #1: REQUEST FOR PROPOSAL (RFP). 28 #2: CERTIFICATION OF VENDOR S QUALIFICATIONS 29 #3: PROPOSAL COST SHEET 30 #4: INDEMNITY/HOLD HARMLESS AGREEMENT. 31 #5: STATE OF MD SALES & USE TAX 32 #6: AGREEMENT OF TERMS & CONDITIONS. 33 #7: VENDOR CERTIFICATION.. 34 #8: VENDOR RFP CHECKLIST

3 I. PURPOSE: Cecil County, Maryland is requesting proposals and/or presentations for Tire Recycling according to Chapter 92 of the Cecil County Code and specifications as stated within the Scope of Work from qualified firms, individuals, etc. having specific experience identified in the Request for Proposal (RFP). II. OBJECTIVE: The objective of this Request for Proposal (RFP) is for Cecil County, Maryland to select a VENDOR to furnish all labor, material, equipment, and supervision necessary to collect tires for recycling or disposal for the Cecil County Solid Waste Management Division s Central Landfill located at 758 E. Old Philadelphia Rd., Elkton, MD The service will not be authorized until such time as a Notice to Proceed has been issued. It is the intent of Cecil County, Maryland to execute a contract with the most qualified team/organization that presents an economically viable proposal. The composition of the VENDOR s organization and service they would provide, along with a price, shall be clearly defined and stated with the proposal. Past experience and qualifications of the organization shall be detailed in the proposal. III. INQUIRIES: All inquiries, questions, etc. concerning the RFP shall be forwarded to Purchasing Office by (PURCHASINGOFFICE@CCGOV.ORG cc; ehart@ccgov.org ) by calling or by mailing requests to the Purchasing Office, 200 Chesapeake Blvd., Suite 1400, Elkton, Maryland All questions shall be in writing. Any changes to the RFP will be in writing, documented and forwarded to all participating vendors of the RFP as soon as possible. Major changes or an excessive number of changes may result in cancellation of the existing RFP. IV. METHOD OF SOURCE SELECTION: Cecil County, Maryland is required to adhere to the Cecil County Code, Section 92 Purchasing, concerning good public purchasing practices using a competitive process (RFP). All available information may be reviewed on the Cecil County, Maryland website ( V. PROPOSAL SUBMITTAL REQUIREMENTS: Prospective packages shall be submitted in a sealed envelope clearly marked in the lower left-hand corner no later than 1:30 p.m. on September 18, All proposals shall be delivered to the Purchasing Office, 200 Chesapeake Blvd., Suite 1400, Elkton, Maryland All proposal material submitted will become the property of the Cecil County, Maryland and the only information available at the proposal opening will be the names of vendors submitting proposals. No facsimile of proposals will be accepted. 3

4 VI. EXAMINATION OF SITE AND DATA Before submitting proposals, prospective vendors shall carefully examine the Proposed Contract Documents, inspect the site of proposed installations, acquaint themselves with all governing laws, ordinances, etc. and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the work. The act of submitting a proposal shall be considered as meaning that the vendor has so familiarized himself and, therefore, no concession will be granted by the County because of any claim of misunderstanding or lack of information. Vendors are expected to read and study all specifications with special care and to observe all their requirements. Discrepancies, ambiguities, errors or omissions noted by vendors should be reported promptly to the County for correction or interpretation before the date of the opening of proposal. VII. SCOPE OF WORK: 1. INTENT It is the intent of this Request for Proposal for Cecil County, Maryland (hereinafter, "the County") to establish a term contract with a qualified and experienced company (hereinafter, "the Contractor") to furnish all labor, material, equipment, and supervision necessary to collect tires for recycling or disposal for the Cecil County Solid Waste Management Division s Central Landfill located at 758 E. Old Philadelphia Rd., Elkton, MD The County reserves the right to add or delete sites. 2. CONTRACT ADMINISTRATION A. Contract Manager The Contract Manager for this Contract shall be the County's Division of Solid Waste Division Chief or duly authorized representative. 1. Decisions of the Contract Manager a. To prevent misunderstanding, the Contract Manager shall decide any and all questions which may arise as to the quality and acceptability of work performed and as to the manner of performance and rate of progress of said work, and shall decide all questions which may arise as to the interpretation of any or all conditions relating to the work and of the Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. b. Any doubt as to the meaning of or any obscurity as to the wording of these Specifications and Contract, and all directions and explanations requisite or necessary to complete, explain or make definite any of the provisions of the Specifications or Contract and to give them due effect, will be resolved by the Contract Manager. 4

5 B. Contract Administrator 1. To prevent misunderstanding, the Purchasing Agent, or their designee, shall be the Contract Administrator and may review any decision made or issued by the Contract Manager and may decide any and all questions which may arise as to the acceptable fulfillment of the Contract on the part of the Contractor in cooperation with the Contract Manager. 2. Any doubt as to the meaning of or any obscurity as to the wording of these Specifications and Contract, and all directions and explanations requisite or necessary to complete, explain or make definite any of the provisions of the Specifications or Contract and to give them due effect, will be resolved by the Contract Administrator in consultation with the Contract Manager. 3. The decision of the Contract Administrator shall be final and conclusive and shall have the authority hereunder to enforce and make effective such decisions and orders if the Contractor fails to respond promptly. 4. If a vendor contemplating submitting a proposal for the Contract is in doubt as to the true meaning of any part of the Contract Documents, or have additional questions, the vendor may submit a written request for an interpretation thereof to the Solid Waste Management Division Contract Manager via the Purchasing Office at or PurchasingOffice@ccgov.org. The Purchasing Agent may issue an addendum to the Contract providing the Contract Manager's determination and/or interpretation. 3. DEFINITIONS A. Unless otherwise indicated, or agreed to in the proposal, the following definitions shall be used: 1. Vendor: Shall mean the Contractor this Contract is awarded to. 2. Market: Shall mean the recycling market tires are shipped to. This may be the same as the Shipper. 3. Owner: Shall mean the County and its Departments and Divisions 4. Shipper: Shall mean the collector and transporter of tires to the market. This may be the same as the Market. 5. Recycling: Shall mean the conversion of goods into another product. This does not include the disposal of materials at a disposal facility. 6. Disposal: Shall mean the legal disposal of tires through waste to energy processes, or the legal landfilling of tires in a state which allows tires to be landfilled. 5

6 7. Reuse: Shall mean the legal processing and salvaging of tires or parts of tires to be reused. 8. Weight: Shall mean the weight (1 Ton = 2,000 pounds) or for lack of weight rate the use of conversion rate as established by Maryland Department of Environment. 9. Generator: Shall mean the County and its Departments, Divisions, and generators. 10. Tires: Consisting of source separated and/or commingled mixed bicycles, motorcycles, trailer, automobile, truck, and agricultural and construction tires, tubes, and rim liners. 11. Automobile: This shall consist of bicycles, motorcycles, trailer, and automobile type tires and tubes. This shall include rim sizes up to, and including, sixteen inches (16''). This shall also include automobile race tires over twelve inches (12") wide. 12. Truck: This shall consist of truck type tires and tubes which may include the tube liners found inside split-rim tires. This shall include rim sizes of sixteen and a half inches (16.5") and over. 13. Agricultural/Construction: This shall consist of off-road tires and tracks not found on automobile or trucks. This may include the tube liners found inside splitrim tires. This shall include rim sizes of sixteen and a half inches (16.5") and over and having a road width of twelve inches (12") and over. 14. Mixed Tires: This shall consist of Tires, (Automobile, Truck, Agricultural or Construction Tires, with and without rims). B. All material may contain a minimal amount of out throws. 4. SCOPE OF WORK The Contractor shall: A. Provide on call service(s) as needed in accordance with these specifications. B. Comply with the provisions of these specifications and be responsible to see that each person employed by the Contractor at County site(s) performs the duties as specified or complies with these provisions. C. Collect tires from the County for disposal or recycling and reuse. D. Provide pick up from the Central Landfill. Pick up shall include all types of tires as defined as per specifications. 6

7 E. Collect, remove and lawfully dispose or recycle tires on an on call as needed basis depending on the amount of tires coming into County site(s). F. Provide two (2) trailers and pick up the trailer of tires from the Central Landfill for disposal or recycling and reuse within four (4) business days of notification. G. Failure to provide pick up will be cause for penalties or termination of this Contract. H. Be licensed through the Maryland Department of the Environment for hauling scrap tires. I. Report the markets and weights of the tire collection to the County Recycling Program Manager. J. Contractor's disposal of tires deemed scrap shall comply with all Federal, State, County and Local statutes, ordinances and regulations, applicable to the recycle marketing of tires. K. Accept all tires upon scheduled notification. L. Sort and accept all tires for disposal, recycling, or reuse upon returning to their facility. M. Demonstrate prior satisfactory experience in removal, hauling and marketing of tires. N. Remove tires per specifications during normal work hours of 7:30 a.m. to 3:30p.m., from the Central Landfill. O. Obtain, maintain, and provide copies of hauling and market permits or licenses. P. Cover loads before leaving the Central Landfill. Q. Provide truck, trailers, and/or containers easily identifiable with company name and/or license number. R. Carefully screen, train, and supervise all their employees. S. Report to the Division Chief of the Solid Waste Management Division or the Recycling Program Manager any conditions or situations that may affect the performance of the work. In addition, the following provisions apply: A. The Marketer of tires shall comply with all Federal, State, County and Local statutes, ordinances, and regulations applicable to tires. B. County Landfill scales will be used to weigh all incoming and outgoing vehicles, containers and materials. County generated tickets will be used to calculate tonnage. 7

8 C. The County reserves the right to self-haul tires anytime during this contract period. 5. PRICING A. Cost Proposal - Mixed Tire Recycling - Charge to the County: Consisting of the defined materials picked up and delivered to Contractor's facility for recycling. Price for recycling of tires shall be based on a price per ton rate. B. All pricing shall include all costs, including but not limited to labor, materials, services, supervision, overhead, vehicle fuel, and mileage. 6. BILLING AND PAYMENT for Mixed Tire Recycling (Payment to the Contractor) A. The Contractor shall submit an invoice to the County for all service provided within thirty (30) days following the end of the service month and submission of copies or a listing of all weight slips with a statement to: Finance Department Cc/Solid Waste Management Division 200 Chesapeake Boulevard, Elkton, MD B. Each invoice shall include the following information: 1. Monthly report listing: invoice number, date of service, description of service, market, tons, per rate price, and total; 2. Purchase order number; and 3. Remit to address. C. Failure to supply requested information may be grounds for termination of the Contract. D. Payment will be made for acceptable service in accordance with these specifications. E. Repeated incidents of late service performances and/or unnecessary delays will be construed as noncompliance with the terms and conditions of this contract and the Contractor shall be in default of contract. Default of contract will result in penalties of damages incurred. F. Waiver of late performance of service penalty may be authorized by the Solid Waste Management Division Chief upon receipt of written documentation and explanation of extenuating circumstances effecting service schedule. Waiver of late delivery of service penalty is at the sole discretion of the Division of Solid Waste Chief. 8

9 7. CONTRACT PERIOD A. This is a requirements type contract for one [1] year commencing after approval, proper execution of the contract documents, and Notice to Proceed from the County, with a renewal option for two [2] additional years in one [1] year periods, exercisable at the sole discretion of the County. B. In the event the County exercises its option to renew this contract beyond the initial one-year period, the prices for each renewal term shall be the price proposed for the initial contract plus the adjustment defined in paragraph 8. C. The initial start date of this Contract shall be on the first day of the month following final signature of the Contract and upon issuance of Notice to Proceed through June 30, PRICE ADJUSTMENT A. In order to protect the interest of the County and to give the Contractor a reasonable basis for submitting a proposal, a price adjustment feature is hereby incorporated into the specifications and contract documents and shall be binding on the Contractor and the County. B. In submitting proposals, each contractor shall set forth the amount they will accept for the first year in payment for services and materials or payment to the County for services and materials in accordance with the Contract. 1. Tire Transportation & Recycling or Disposal Pricing Upon written request from the Contractor at least ninety (90) calendar days before the contract period ends, or any renewal period ends, the County will consider a price increase based upon the initial contract price. Failure to notify the County will result in the County denying any price increase. The County will negotiate this increase based upon the County government's budgetary, and economic conditions. If those conditions allow for an increase, the U.S. Department of Labor Consumer Price Index (CPI) for the Philadelphia/Wilmington/Atlantic Area, based upon a twelve (12) month average over the prior year, would be used to help determine the amount of the increase that would become effective the following contract period. If the increase is approved, it shall not exceed three percent [3%]. 9. PERFORMANCE AND LAWS A. All work performed shall be of high quality in accordance with good practices, procedures, and industry standards. The Contractor must conform to all Federal, State, Local laws, and governmental regulations. B. The Contractor shall assume liability for all applicable local, state, and federal laws. 9

10 10. PERMITS AND LICENSES A. The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. B. The Contractor will set up an account with the Cecil County Finance Office within ten (10) days of award of the contract. The Contractor shall obtain a Cecil County Commercial Refuse Hauler License regardless of the amount of Recyclables transported. Accounts and Commercial Refuse Hauler Licenses can be obtained by contacting the: Cecil County Finance Department 200 Chesapeake Blvd., Suite 1100 Elkton, MD or C. Procurement of an account with the Cecil County Finance Department and/or procurement of a Cecil County Commercial Refuse Hauler License will be at the cost of the Contractor. 11. TITLE AND RESPONSIBILITY FOR TIRES The County agrees that title to the tires shall pass to the Contractor at the time it is loaded onto the Contractor's equipment. 12. QUANTITIES For calendar year 2014, see CURRENT CONTRACT SERVICE INFORMATION for breakdown on current program. This information may be used as a guideline. There is no guaranteed quantity of recyclables that will be available. However, the Contractor is obligated to collect all materials in accordance with these specifications. 13. COLLECTION REQUIREMENTS The Contractor shall pick up, haul, and return or switch out the trailer(s) at point of pick up. No material may be held by the County or their collection agent after collection has been made. Material will be transported to market directly after collection has been made. 14. PERMITS AND CERTIFICATIONS Contractor hereby certifies that it is a State approved business and licensed to do business as permitted by their State by representation of a permit issued to them. Contractor further agrees that it will accept all awarded material generated by the Generator and from its hauler(s). This is to ensure ability to market recyclables. 10

11 Contractor hereby certifies that it is an approved, acceptable recycling market to accept all awarded recyclable materials generated from the County for recycling. Contractor further agrees that it will allow the designated County representative to view any and all contracts for accepted recyclable materials. This is to ensure ability to market awarded recyclables. Contractor must submit copies of their collection and market permits and licenses with their proposal. 15. INTERRUPTED SERVICE After an interruption caused by inclement weather, the Contractor must be prepared to perform the service without unnecessary delays. 16. INSPECTION OF SERVICES A. Definitions - "Service", as used in this clause, includes services performed, workmanship, and equipment furnished or utilized in the performance of the services. B. The County has the right to inspect all services called for by the Contract, to the extent practicable at all times and places during the term of the Contract. The County shall perform inspections in a manner that will not unduly delay the work. C. If any of the services do not conform to contract requirements, the County may require the Contractor to perform the service again in conformity with contract requirements at no increase in contract amount for payment to the Contractor and no decrease in contract amount for payment to the County. When the defects in services cannot be corrected by re-performance, the County may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements. D. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performances in conformity with contract requirements, the County may (1) by contract or otherwise, perform the services for tire recycling and the Contractor shall be liable for payments to the County for the increase of the Contract price that is directly related to the performance of such service, or (2) terminate the Contract for default. 17. SAFETY MEASURES A. Contractor shall take all necessary precautions for the safety of employees on the work site and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workmen, County employees and public. B. All Maryland Governmental Agencies are mandated to comply with Public Employment Occupational Safety and Health Act Legislations, which closely adheres to the Federal Occupational Safety and Health Act of 1970, requiring compliance with safety standards thereof. As of this date, all equipment owned and operated by the County shall meet the established standards. It is therefore imperative that all concerned be made aware of and comply with the following: 11

12 1. The Contractor hereby guarantees that all services and equipment furnished or delivered to the County as listed on any proposal, request for proposal, quotation, contract, or purchase order meet the requirements, specifications, and standards as provided for under the Federal Occupational Safety and Health Act of 1970 as from time to time amended and enforced as of the date thereof. 2. The County retains the right to have representatives of the County inspect any service or project taking place on County property or through County auspices. The County reserves the right to stop work if an imminent hazard exists. The costs if any created by a work stoppage due to unsafe conditions, will be borne by the Contractor responsible for the unsafe condition. 18. LIQUIDATED DAMAGES A. In the event the Contractor shall fail to comply with any of the conditions herein provided and as covered by the Contract, the Contract Manager shall notify the Contractor of such failure or default and demand that the same be remedied within five (5) business days. B. In the event of the failure of the Contractor to remedy the same within said period, the Contract Administrator may authorize the service to be performed and to be procured from any available source, with the shortage between the actual cost paid to the County from the source and the price of the defaulting the Contractor to be paid to the County by the Contractor. In addition, services procured from any available source which result in a cost incurred by the County will be charged to the Contractor. The County may also charge the defaulting Contractor a cost of $50.00 per incident made payable to the County. 19. BIDDER QUALIFICATIONS Bidders may be required to furnish evidence of sufficient financial responsibility to enable them to fulfill this Contract. The County reserves the right to require proof that the Bidder is an established business and is abiding by the ordinances, regulations, and laws of their community and the State of Maryland, such as, but not limited to: Occupational Licenses, Business Licenses, Maryland Sales Tax Registration, and Federal Employers Identification Number. 20. CONTACTS Upon Notice to Proceed, Contractor shall provide contact names and their phone number, fax number, cell phone, address, pager number, and any other contact numbers for notifications. 12

13 21. HOLIDAYS Services may not be conducted on regularly scheduled County holidays. A list of county holidays can be found at TERMINATION A. This Contract shall be cancellable by the County upon any action taken by the Legislature that changes the acceptable methods, permitting, or licensing for tire recycling/disposal. B. This Contract shall be performed as currently awarded pending the legal rebidding and awarding for this service and performance. 23. CURRENT PROGRAM INFORMATION Collection Method: Tires are collected from businesses and residents. Tires collected at all Solid Waste Management facilities are brought to the Central Landfill and put into a ninety (90) cubic yard trailer. Currently the county self-hauls tires, after they are de-rimmed, to a waste to energy facility weekly, or on an as needed basis. Number of Loads and Frequency: Calendar year 2014: tons of tires 16 Trailer Loads of Mixed Tires Who Loads Container: Residents and businesses load the trailer which sits below the tipping area of our Homeowner Convenience Center. See attached picture. SERVICE DELIVERY FAILURES Failures of a Contractor to deliver services within the time specified, or within reasonable time as interpreted by Cecil County, Maryland, or failure to make correct services rendered and materials replaced or installed when so requested, immediately or as directed by the County, shall constitute authority for the County to purchase in the open market services and/or materials to correct such deficiencies with services and materials of comparable grade. On all such purchases, the Contractor shall reimburse the County, within a reasonable time specified by the County, for any expense incurred in excess of contract prices. Such purchases shall be deducted from contract quantities, if applicable. 13

14 VIII. CONSTRAINTS ON THE SUCCESSFUL VENDOR: PERMITS All required permits shall be obtained and paid for by the VENDOR, except those listed below, which have been obtained by the County and are hereby made a part of this Contract. WARRANTY The VENDOR shall warrant all work and shall guarantee to satisfactorily meet the County s requirements. The VENDOR shall provide all warranty information as part of their proposal. VENDOR S RESPONSIBILITY It shall be the VENDOR s responsibility to schedule and coordinate all work to be performed under this Contract to insure continuous and smooth operations of the work and completion within the times specified in the proposal. The Scope of Work is intended to cover the complete project. It shall be distinctly understood that failure to mention any work, which would normally be required to complete the project, shall not relieve the VENDOR of his responsibility to perform such work. ANNULMENT OF CONTRACT Should the VENDOR fail to fully satisfy the customer, or to comply with orders of the County, or to perform anew such work that has been rejected as defective and unsuitable, or if the VENDOR shall become insolvent or be declared bankrupt or shall make an assignment for the benefit of creditors or from any other cause shall not carry on the work in an acceptable manner, the County shall have the right to annul its Contract and all Departmental Contracts at the County s convenience. APPROXIMATE QUANTITIES The VENDOR s attention is called to the fact that the quantities given are estimated quantities and are intended as a guide to the VENDOR but in no way bind or limit the County to the actual amount of work or service to be performed or the quantity of material to be furnished. Any estimates of quantities herein furnished by the County are approximate only and have been used by the County as a basis for estimating the cost of the work and will also be used for the purpose of tabulating and comparing the proposal and awarding the Contract. The County has endeavored to estimate these quantities correctly according to their knowledge and the information as shown; but, it is not guaranteed that these estimated quantities are accurate and if the VENDOR, in making up and/or submitting his proposal or proposal relies upon the accuracy of said estimated quantities, does so at his own risk. 14

15 PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions of this Contract or in exercising any power of authority granted herein, there shall be no personal liability upon the County or its authorized assistant, it being understood that in such matters he acts as the agent or representative of the County. IX. VENDOR PERSONNEL REQUIREMENTS: AFFIRMATIVE ACTION POLICY In accordance with Cecil County s Affirmative Action policy against discrimination, no person shall, on the grounds of race, color, creed, religion, sex, age marital status, national origin, handicap or disability, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination. During the performance of the work and services hereunder, the VENDOR, for themselves, their assignees and successors in interest, agrees to comply with all federal, state and local nondiscrimination regulations. SUBLETTING OF CONTRACT A. Contractor shall not employ any subcontractor, supplier, or other person or organization whether initially or as a substitute, against whom the County may have reasonable objection. The Contractor shall not be required to employ any subcontractor, supplier, or other person or organization to furnish or perform any of the work against whom the Contractor has reasonable objection. The Contractor shall provide an opportunity for local subcontractors, minority and Disadvantaged Business Enterprises (DBE s) subcontractors to participate in the work. B. All subcontractors, suppliers, or other persons or organizations (including those who are able to furnish the principal items of materials or equipment) shall be submitted to the County for acceptance if requested by County. The County s acceptance, in writing, of any such subcontractors, suppliers, or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case the Contractor shall submit an acceptable substitute. No acceptance by the County of any such subcontractor, supplier, or other person or organization shall constitute a waiver of any right of the County to reject defective work. Action by the County awarding a Contract to a firm that has disclosed its intent to assign or Subcontract in its response to the RFP, shall constitute approval thereof. 15

16 C. The Contractor shall be fully responsible to the County for all acts and omissions of the subcontractors, suppliers, or other persons, or organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for the Contractor s own acts and omissions. Nothing in the resulting contract documents shall create for the benefit of any such subcontractors, suppliers, or other persons, or organizations, any contractual relationship between the County and any such subcontractors, suppliers, or other persons or organizations, nor shall it create any obligation on the part of the County to pay or to see to the payment of any money due any such subcontractors, suppliers, or other persons, or organization, except as may otherwise be required by laws and regulations. D. The Contractor shall be solely responsible for scheduling and coordinating the work of subcontractors, suppliers, or other persons, or organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor. The Contractor shall require all subcontractors, suppliers, or other persons, or organizations performing or furnishing any of the work to communicate with the County through the Contractor. E. All work performed for the Contractor by a subcontractor or supplier shall be pursuant to an appropriate agreement between the Contractor and the subcontractor or supplier that specifically binds the subcontractor or supplier to the applicable terms and conditions of the resulting contract for the benefit of the County. F. The VENDOR shall not sublet, sell or assign all or any portion of the Contract, or the work provided therein, without the consent of the County. When consent is given, subletting or assigning more than fifty percent (50%) of the dollar value of the Contract work shall not be permitted. Where Sub-Vendors are used, VENDOR shall submit all insurance information for all Sub-Vendors. RESPONSIBILITY FOR COMPLETE PROJECT It is the responsibility of the VENDOR to perform the work under this Contract. If mention has been omitted in the Contract Documents of any items of work or materials usually furnished or necessary for the completion or proper functioning of the equipment, it will be included by the vendor without extra payment. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The County promotes policies which assure and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. Disadvantaged Business Enterprises, as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The Contractor shall use their best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. 16

17 LICENSES AND CERTIFICATES (Form Attached): The County reserves the right to require proof that a Prospective Contractor is an established business operating in compliance with the law. It shall be the sole responsibility of the awarded contractor to ensure all sub-contractors minimally meet the requirements as agreed upon and as stated within this RFP. Each Prospective Contractor shall be licensed and qualified to do business in its area of expertise. Each firm shall submit with their proposal a copy of, and maintain the appropriate licenses and certificates during the term of any resulting contract, and any extensions. X. RESPONSIBILITIES OF THE ORGANIZATION: INSPECTION The County may appoint such persons as they may deem necessary to properly review the proposal and presentation to select the best overall proposal for completion of the project. METHOD OF PAYMENT All invoices shall be reviewed and approved by a VENDOR s representative and the County s representative before submission. All invoices must be submitted to the Cecil County Finance Department, Accounts Payable,, Suite 1100, MD All invoices will be Net 30 and if time frame for completion is over thirty (30) days, payments and invoices shall be equally submitted every thirty (30) days and the final payment upon final acceptance of the final product. CLAIMS Should the VENDOR believe that it is entitled to any additional compensation; the VENDOR shall file a written notice of claim thereof with the County. Unless otherwise specified, such notice shall be given no later than twenty (20) days after the onset of such alleged damages, losses, expenses or delays. BREACHES AND DISPUTE RESOLUTION -Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Cecil County, Maryland. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to Cecil County, Maryland. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of Cecil County, Maryland shall be binding upon the Contractor and the Contractor shall abide be the decision. 17

18 -Performance During Dispute - Unless otherwise directed by Cecil County, Maryland, Contractor shall continue performance under this Contract while matters in dispute are being resolved. -Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. -Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between Cecil County, Maryland and the Contractor arising out of or relating to this agreement or its breach will be decided by Binding Arbitration. By submitting a proposal you agree to these conditions. Arbitration of Dispute: In any claim, dispute or other matter in question arising out of or related to this Agreement, the Parties must submit the issue to binding arbitration in accordance with Title 3, Subtitle 2, Courts and Judicial Proceedings Article, Annotated Code of Maryland, before the Circuit Court for Cecil County prior to filing any action in any Court. Waiver of Jury Trail: The parties hereto waive their right to elect a jury trial in any dispute involving their rights under this Agreement. Costs and Attorney Fees: In the event of arbitration by any of the parties to enforce the terms of this Agreement, the prevailing party in the action shall be entitled to reasonable and necessary attorneys fees, court costs, arbitrator fees, witness fees and all expenses of suit. The reasonableness and necessity of attorneys fees, costs, witness fees and expenses, will be determined by the arbitrator. -Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by Cecil County, Maryland, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing. TRANSPORTATION Prices quoted shall be net, including transportation and delivery charges fully pre-paid by the seller, f.o.b. destination (Cecil County designated area). No additional charges will be allowed for packing, packages or partial delivery costs. By submitting their quote, all vendors certify and warrant that the price offered for f.o.b. destination includes only the actual freight rate cost as at the lowest and best rate and based upon actual weight of the goods to be shipped. Standard commercial packaging, packing and shipping containers will be used, except as otherwise specified herein. 18

19 XI. INSURANCE REQUIREMENTS: WORKER S COMPENSATION AND EMPLOYER S LIABILITY INSURANCE (a) The Contractor shall take out and maintain during the life of the Contract the Statutory Worker s Compensation and Employer s Liability Insurance for all of his employees to be engaged in work on the project under the Contract. (b) In case any portion of the project is sublet, the Contractor shall require all of the sub-contractors similarly to take out and maintain during the entire life of the Contract the Statutory Worker s Compensation and Employer s Liability Insurance for all of their employees to be engaged in work in the project under the Contract. (c) The Contractor and the sub-contractor shall not begin work until the Contractor has first filed with the County satisfactory evidence that insurance of the above nature is in full force and effect (receipt of Certificate of Insurance naming the Cecil County, Maryland as an Additional Insured ). BODILY INJURY, LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE All vendors or contractors who perform any type of work or service on Cecil County, Maryland property or in areas where the County is responsible or liable must maintain such insurance coverage(s) as determined by the County to protect the County s interest(s). The following coverage and amount are generally required, but the County reserves the right to modify these requirements at its discretion or reject any insurance policies which do not meet these criteria. General Liability Insurance not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding or limiting products/completed operations, contractual liability or cross liability. The County must be named insured and a certificate of insurance must be provided. Workman s Compensation Insurance at minimum Maryland Statutory Limits. Business Auto (includes trucks) Liability insurance not less than $1,000,000 per occurrence for all leased, owned, non-owned and hired vehicles when vehicles are utilized to perform the work or services required by the County. The Contractor shall provide a "Certificate of Insurance" naming the Cecil County, Maryland as an "Additional Insured" and showing the levels of Worker s Compensation and all Liability Coverage. No purchase order will be released until a valid certificate(s) of insurance evidencing all required insurance coverage and documentation is provided to the Purchasing Office. Professional liability insurance is applicable and required for each contract involving professional or technical services as defined in Chapter 92 of the Code of Cecil County. This includes, but is not limited to services provided by accountants, architects, actuaries, engineers, lawyers and physicians. All contractors performing services for Cecil County, Maryland are required to provide notification of Certificate of Insurance cancellation days prior to cancellation. 19

20 XII. INSTRUCTIONS FOR PROPOSAL: Proposal shall be submitted in a sealed envelope addressed to: Cecil County Purchasing Office 200 Chesapeake Blvd., Suite 1400 Elkton, Maryland The VENDOR s name and address shall appear in the upper left hand corner of the proposal envelope with the job name and contract number appearing in the lower left hand corner of the envelope. The VENDOR shall submit minimally one (1) original, one (1) copy and one (1) electronic copy (PDF copy on disc or thumb drive) of the proposal. Failure to submit a proposal in this manner may be considered cause for rejection of the proposal as determined by the Cecil County, Maryland. XIII. COMPLIANCE WITH THE RFP: All proposals submitted shall be in strict compliance with the RFP and failure to comply with all provisions in the RFP may result in disqualification or rejection of the proposal. XIV. PROSECUTION OF WORK After the work has been started, it shall be performed continuously on all acceptable working days without stoppage until the entire contract is completed. In case the VENDOR neglects or fails to work continuously on all acceptable working days, the Executive of Cecil County through the Cecil County Administrator may terminate the Contract and use any method that he deems necessary to complete the Contract. XV. REVISIONS DUE TO AMBIGUITY, CONFLICT, OR OTHER ERRORS IN RFP: Any ambiguity, conflict, discrepancy, omissions or other error/s discovered in the RFP must be reported immediately to the Cecil County Purchasing Office, David E. Pyle, 200 Chesapeake Blvd., Suite 1400, Elkton, Maryland ( ) in writing and a request made for modifications or clarification. All changes to RFPs will be made in writing (addendum) and all parties who have received the RFP will receive the addendum. Offerors are responsible for clarifying any ambiguity, conflict, discrepancy, omission or error in the RFP prior to submitting the proposal or it shall be deemed waived. XVI. IMPLIED REQUIREMENTS: Any product or service that is not specifically addressed in the RFP, but which is necessary to provide functional capabilities proposed by the offeror, must be included in the proposal. 20

21 XVII. PROPOSALS AND PRESENTATION COSTS: The Cecil County, Maryland, or its agencies, is not liable in any way for any costs incurred by the vendors in the preparation of their proposals in response to the RFP, nor for the presentation of their proposals and/or participation in any discussion or negotiations. XVIII. REJECTION OF PROPOSALS: The Cecil County, Maryland or its agencies reserves the right to accept in part or in whole any or all proposals submitted or to waive any technicality or minor irregularity in a proposal. Additionally, the County shall reject the proposal of any offeror determined to be non-responsive in accordance with the Code of Cecil County, Section 92 and requirements set within this RFP. Unreasonable failure of an offeror to promptly supply the County with information with respect to responsibility may be grounds for a determination of non-responsibility. All Proposals, RFPs, IFBs or RFQs are contingent upon budgetary constraints. XIX. EXCEPTIONS TO FORMAT: The RFP describes the requirements and response format in sufficient detail to secure comparable proposals, recognizing that various proponent approaches may vary widely. Any proposal that differs from the described format may be considered non-responsive and rejected. XX. REQUESTS FOR CLARIFICATION: Any request for clarification on the RFP must be in writing and accomplished prior to the receipt of the VENDOR s proposal. XXI. VALIDITY OF PROPOSALS: All proposals shall be valid for one hundred eighty (180) days from the date of the RFP opening and become the property of the County. If negotiations result in modifications to the RFP, then one hundred eighty (180) days will commence from the date of the receipt of the new proposal. This period may be extended by mutual written agreement between the VENDOR and Cecil County, Maryland. XXII. EVALUATION OF PROPOSAL AND AWARD: a. The County reserves the right to reject any or all proposal for any reason in whole or in part that are received in response to this RFP. b. The Contract shall be awarded or rejected within one hundred twenty (120) days from the date of opening proposal. 21

22 c. If the vendor to whom an award is made shall fail to execute the Contract in the specified time, the award may be annulled and the Contract awarded to the second selected vendor or the County may reject the entire proposal as their interest may require. d. The award will be made to the vendor whose proposal is determined to be professionally and technically correct. The selection process, may however, include a request for additional information or an oral presentation to support the written proposal; the price proposal will be considered firm and cannot be altered after receipt per terms of this proposal. e. The County reserves the right to award the contract not necessarily to the vendor with the lowest price, but rather to the vendor that demonstrates the best ability to fulfill the requirements of the RFP. PROPOSAL REQUIREMENTS: Proposals shall include all of the information required by the Request for Proposal and any additional data that the Prospective Contractor deems pertinent to the understanding and evaluation of the proposal. Proposals are to be addressed as follows for mail, express delivery or hand delivery to: Cecil County Purchasing Office, 200 Chesapeake Blvd, Suite 1400, Elkton MD The project representative for this project is: County/Representative: Title: County: Address: Tanya Adams Recycling Program Coordinator Cecil County Solid Waste Division Cecil County, Maryland 758 E Old Philadelphia Road Elkton, Maryland Tel: tadams@ccgov.org PROPOSAL SUBMITTAL FORMAT: Offerors must include the following information in their proposal and must use the following format when compiling their responses. Sections should be tabbed and labeled; pages should be sequentially numbered at the bottom of the page: 1. Package One; Qualification Package: (a) Cover Letter: Response should contain a letter signed by a person who is authorized to commit the offeror to perform the work included in the proposal and should identify all materials and enclosures being forwarded in response to the RFP. 22

23 (b) Table of Contents. (c) Executive Summary: A maximum of one (1) to two (2) pages of single spaced information providing a high-level description of the offeror s ability to meet the requirements of the RFP. (d) Description of Relevant Experience and Qualifications: Details of qualifications of the offeror s operations and staff regarding requested goods and services. If the respondent is not a single entity, the details of the partnership, joint venture, etc. shall be described, including the organizational structure of the team. (e) Technical Proposal: Offeror s proposal meeting the technical requirements (attached plans) of the RFP must be included in this section or any alternative proposal. The technical proposal shall outline the process/steps the contractor plans to follow during the project. (f) Attachments: Additional information, which the offeror feels will assist in the evaluation should be included. Other attachments may be Proof of Insurance, Proposal Bond, or other required information. 2. Package Two; Cost Submittal Package shall be provided within a separate sealed envelope which minimally shall contain the PROPOSAL COST SHEET and any other cost associated with this project. BASIS OF AWARD The Contract may be awarded to the selected responsible vendor whose proposal complies with all the requirements prescribed and considered Best Value to the County as interpreted by the review committee. In acceptance of the proposal, the County will be guided by consideration of the interests of the public and the County shall be under no obligation to accept the lowest proposal. Proposals may be rejected if they show any omissions, alterations of form, additions not called for, conditional or alternate proposal, or irregularities of any kind. To insure fair competition and to permit a determination of the lowest vendor, unresponsive proposal or proposal obviously unbalanced may be rejected. The County also reserves the right to negotiate further with one (1) or more of the bidders as to any features of their bids and to accept modifications of the work and bid price when such action will be to their best interests and is desirable. All proposals submitted shall become the property of the Cecil County, Maryland. Any CONFIDENTAL or PROPRITARY information shall be identified within their proposal. METHOD OF AWARD (a) The County reserves the right to reject any or all proposals. (b) The Contract shall be awarded or rejected within one hundred and eighty (180) days from the date of opening proposal. 23