Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling

Transcription

1 Cecil County Government Purchasing Department Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling CECIL COUNTY GOVERNMENT: DEPARTMENT OF PUBLIC WORKS SOLID WASTE DIVISION CECIL COUNTY PURCHASING DEPARTMENT 200 CHESAPEAKE BLVD., SUITE 1400 ELKTON, MARYLAND 21921

2 Bid 13-17: Requests for Proposals Sealed proposals for Scrap Metals, Tire Rims, and Lead Acid Battery Recycling, as described in specifications, for Cecil County Government, Department of Public Works, Solid Waste Division will be received from qualified proposers until 1:30 p.m. on January 9, 2013 the Purchasing Department, 200 Chesapeake Blvd., Suite 1400, Elkton, MD A pre-proposal conference for all those interested in submitting a proposal will be held on 8:30am on December 17, 2012, at the Cecil County Central Landfill, 758 E. Old Philadelphia Rd. (Route 7), Elkton, MD in the Cecil County Roads Division Conference Room (upstairs), to answer questions about the RFP and the services to be provided hereunder. Attendance is not mandatory, but strongly encouraged. The service will provide Scrap Metals, Tire Rims, and Lead Acid Battery recycling from the Central Landfill located at 758 East Old Philadelphia Road, Elkton, MD. Additional specifications and/or instructions to proposers may also be obtained by ing dpyle@ccgov.org or by calling the Purchasing Department (David Pyle, Purchasing Agent) at Cecil County Government reserves the right to reject any or all bids and to waive technicalities. All bids are based upon budgetary constraints. Bid packages may be picked up at the Purchasing Office at a non-refundable cost of $10.00 per package (including sales tax) or per copy on a compact disc. Bid packages are provided on the Cecil County web-page ( as a.pdf document for all vendors to download at no charge. Electronically submitted bid proposals will not be accepted. Bid proposals are provided as a.pdf document for all vendors to download. All vendors wishing to submit a proposal should obtain an original set of documents from the Cecil County Purchasing Department. If you choose to download the package from the website, you shall notify the Purchasing Office via or phone. Not meeting this requirement may result in your proposal being considered as non-responsive. Changes or addendums to this proposal and/or other documents will be posted to the proposal documents on the County web-page and sent directly to vendors who have obtained an original set of proposal documents from the Purchasing Office. The County is not responsible for information obtained from sources outside the Cecil County Purchasing Office. Vendors obtaining electronic copies of the proposal documents from outside the Purchasing Office will be directly responsible for obtaining updates, changes or addendums either from the updated web-page or by contacting the Purchasing Office. All questions or discussions concerning this bid, bid documents, specifications, etc. shall only be coordinated through the Purchasing Office. The County shall not be responsible for information obtained outside the County Purchasing Office concerning this or any other County bid, RFP, solicitation or quote. 2

3 The Purchasing Office will provide vendor lists on the Cecil County web-site ( for all solicitations published unless a vendor/contractor provides a written request barring the disclosure of their information prior to specific proposal award. LOCAL CONTRACTORS PREFERENCE: Section (after 12/1/12 Section ) of the Cecil County Code provides for Local Preference whereby Cecil County Government reserves the right to show preference to local bidders in the purchase of supplies, equipment and services. Cecil County Government By: David E. Pyle, CPPB Purchasing Agent Cecil County Government 3

4 Cecil County, Maryland Bid Scrap Metals, Tire Rims, and Lead Acid Battery Recycling Instructions to Proposers Proposals should be mailed or otherwise hand-carried in order to be received in the office of the Purchasing Department, 200 Chesapeake Blvd., Suite 1400, Elkton 21921, prior to 1:30 pm, January 9, The proposals received after that time will be returned to the proposer unopened. Proposals should be submitted in a sealed envelope clearly marked in the lower left hand corner: Scrap Metals, Tire Rims, and Lead Acid Battery Recycling. Before submitting proposals, the proposer should acquaint themselves with all governing laws, ordinances, etc. and otherwise familiarize themselves with all matters, which may affect the proposal. The act of submitting a proposal shall be considered as meaning that the proposer has so familiarized themselves; therefore, there shall be no misunderstanding or lack of information. 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 Contractor, for themselves, their assignees and successors in interest, agrees to comply with all federal, state and local non-discrimination regulations. One (1) original and one (1) copy of the proposal shall be submitted in a sealed envelope. Pre-Proposal Conference A pre-proposal conference for all those interested in submitting a proposal will be held on 8:30am on December 17, 2012, at the Cecil County Central Landfill, 758 E. Old Philadelphia Rd. (Route 7), Elkton, MD in the Cecil County Roads Division Conference Room (upstairs), to answer questions about the RFP and the services to be provided hereunder. Attendance is not mandatory, but strongly encouraged. 4

5 I. SCOPE Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling CECIL COUNTY, MARYLAND BID 13-17: Scrap Metals, Tire Rims, and Lead Acid Battery Recycling General and Specific Conditions It is the intent and purpose of these specifications to secure proposals for: Scrap Metals, Tire Rims, and Lead Acid Battery Recycling. Cecil County Government reserves the right to determine acceptability of any service being proposed. a.) Background Information i. The Cecil County Central Landfill accepts Scrap Metals and Lead Acid Batteries from residential and commercial sources within Cecil County. ii. Scrap Metals 1. Types of Scrap Metals collected include, but are not limited to, copper, aluminum, steel, tin, brass, and Refrigerant Units. 2. Types of refrigerant units collected include, but are not limited to, refrigerators, air conditioners, and freezers. 3. Recycling Scrap Metals and refrigerant units helps remove materials from the environment which may be hazardous, saves natural resources, energy, and saves valuable landfill space. iii. Tire Rims The Cecil County Central Landfill also accepts tires, on the rim which are separated, the tire rims are currently removed for Scrap Metals recycling by the County, and the tires are then recycled or sent to a waste to energy facility. iv. The Cecil County Central Landfill also accepts lead acid batteries from residential and commercial sources within Cecil County. Types of lead-acid batteries collected include automotive, marine, motor cycle, lawn mower, recreational vehicle, and deep cycle batteries. Recycling lead acid batteries helps remove toxins from the environment which may be hazardous to the public, saves natural resources, energy, and saves valuable landfill space. v. The Scrap Metals and Lead Acid Battery Recycling programs have existed for over seventeen years. Tire Rim recycling has existed for over one year. II. SUBMISSION OF SERVICE DESCRIPTION Each proposer shall furnish one (1) copy of the complete description and details of service proposed. 5

6 III. PRICING The awarded contractor shall be invoiced after each pick-up of materials is weighted and calculated and will be paid for within thirty (30) days of receipt of the invoice. Unless otherwise specified, all Proposals shall be binding for one hundred twenty (120) calendar days following the Proposal opening date, unless extended by mutual consent of all parties. All contracts and/or quantities are contingent on budgetary constraints. No amounts, at any time during the term of the contract, will be deducted for contamination of the loads due to Out-throws, providing it was loaded by the contractor. IV. TAXES Cecil County is exempt from all sales tax and federal excise taxes and such tax will not be allowed or included in the contract price. V. RIGHT TO TERMINATE The County may terminate a contract, in whole or in part, whenever the County determines that such termination is in the best interest of the County, without showing cause, upon giving ten (10) days written notice to the Contractor. The Contractor shall pay the County for all materials collected as per the specifications as of termination date. No consideration will be given for anticipated loss of revenue to the Contractor on the cancelled portion of the contract. The Contractor's right to perform this contract may be terminated for default by the County in the event services are not performed as called for or the contractor has unsatisfactorily performed the services as called for in the contract. Thereafter, the County may have the service performed by others, and the Contractor shall be liable for payments to the County for the shortage of the contract price for the remaining portion of the contract. Upon termination for default, payment shall be made to the County for all materials collected. Failure on the part of a successful Contractor to fulfill the contractual obligations shall be considered just cause for termination of the contract. The Contractor shall stay current in their Federal, State, and County taxes throughout the full term of any Contract issued. Failure to do shall be grounds for termination of the Contract. 6

7 VI. QUANTITIES Cecil County Government is estimating that the quantity figures listed in this proposal are for a one month period. Quantities may vary during each pickup during the term of the open contract. VII. BASIS OF AWARD The award of the contract will be made only to the most responsible and responsive proposer who meets the requirements of the proposal and is considered best able to serve the interests of Cecil County. Cecil County reserves the right to reject any and/or all proposals or to waive any technicalities it deems in the best interest of Cecil County. The County reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the best interest of the County. In determining the "highest responsive, responsible proposer", in addition to considering price, the County shall consider: a) The ability, capacity and skill of the proposer to perform the contract or provide the services required; b) Whether the proposer can perform the contract or provide the service promptly, or within the time specified, without delay or interference; c) The character, integrity, reliability, reputation, judgment, experience and efficiency of the proposer; d) The quality of performance of previous contracts or services; e) The previous and current compliance by the proposer with laws and ordinances relating to the contract or service; f) The sufficiency of the financial resources and ability of the proposer to perform the contract or provide the service; g) Whether the proposer is in arrears to the county on any debt or contract, is in default on any surety to the county, or is delinquent as to any taxes or assessments; and h) Any other information that may have a bearing on the decision to award the contract. 7

8 VIII. LOCAL PERMITS Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling The Contractor is responsible for obtaining any required local permits and licenses to satisfy any requirement of this scope of work. IX. LAWS AND REGULATIONS The Contractor at all times, shall observe and comply with all federal, state, municipal and/or local laws, ordinances, rules and regulations in any manner affecting the work to be done, and all such orders or decrees as may exist at present and those which may be enacted later, of bodies or tribunals having jurisdiction or authority over, and shall indemnify and save harmless the Owner and all its officers, agents and employees against any claim or liability arising from, or based from, or based on the violation of any such laws, ordinances, rules, regulations, order or decree, whether such violations by the Contractor, or by any sub-contractor or any of their agents and/or employees. X. 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 Treasurer s 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 Treasurer s Office 200 Chesapeake Blvd., Suite 1100 Elkton, MD or c) Procurement of an account with the Cecil County Treasurer s Office and/or procurement of a Cecil County Commercial Refuse Hauler License will be at the cost of the Contractor. XI. TRANSPORTATION Prices quoted shall be net, including transportation and delivery/pickup charges fully pre-paid by the seller, f.o.b. destination (Cecil County Landfill, 758 East Old Philadelphia Rd, Elkton, MD or designated areas). No additional charges will be allowed for packing, packages or partial delivery/pickup costs. By submitting their quote, all vendors certify and warrant that the price offered for f.o.b. destination includes only the actual freight/delivery rate cost 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. 8

9 XII. 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/or 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 Government as an additional insured). BODILY INJURY, LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE The Contractor shall take out and maintain during the life of the Contract Bodily Injury Liability and Property Damage Liability Insurance to protect him and any sub-contractor performing work covered by the Contract from claims for damages for personal injury, including accidental death, as well as claims for property damage, which may arise from operations under the Contract, whether such operations be by himself or by any sub-contractor or by anyone directly or indirectly employed by either of them and the amount of such insurance shall not be less than amounts shown in the following chart: - General Liability: $2,000,000 Annual Aggregate $1,000,000 Each Occurrence $1,000,000 Products and Completed Operations $1,000,000 Personal Injury and Advertising - Business Auto Liability: $1,000,000 Combined Single Limit - Worker s Compensation: -- Statutory - Excess $1,000,000 Each Occurrence - Professional Liability: $1,000,000 (As Required). Upon award of contract, the Contractor shall provide a copy of a Certificate(s) of Insurance, with the Cecil County Government named as an Additional Insured to liability coverage on the certificate(s), for the duration of the contract. 9

10 NOTICE OF CANCELLATION Commercial General Liability Insurance, Automobile Liability Insurance and Workers Compensation insurance, as described above shall include an endorsement stating the following: "Thirty (30) days advance written notice of cancellation, non-renewal, reduction and/or material change shall be sent to: Cecil County Government, Attn: Purchasing Department, 200 Chesapeake Blvd., Suite 1400, Elkton, MD " Prior to starting performance of the contract and for each extension of the contract, a certificate of insurance shall be furnished to the County. Insurance companies providing insurance shall be acceptable to the County. The contractor shall obtain at its own cost and keep in force and in effect during the term of the contract. The proposer shall provide a Certificate of Insurance prior to award of this contract. XIII. DAMAGES The Contractor shall be responsible for any and all injuries to persons and damages to property resulting from the performance of the work specified, materials applied and/or equipment used. The Contractor shall be responsible for any litter or refuse created by the Contractor XIV. TERM and TYPE OF CONTRACT The term of the Contract shall be from date of execution until June 30, 2014, with the option of extending the contract for an additional two (2) years in one year increments by mutual agreement of the contracting parties without change to specifications, including original proposal price. Cecil County Government reserves the right to accept or reject any option for contract renewal. Additionally, the Contractor is obligated to perform the services as agreed upon within the proposal, which the Cecil County Government requires in its operation. Should an emergency arise and the Contractor cannot perform the required service as outlined within this agreement, the County reserves the right to contract these services from other sources to meet these needs without prejudice of this contract. XV. ARITHMETICAL ERRORS a) Any errors in computations will be corrected when the proposals are canvassed. b) If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. In the event there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. 10

11 c) In the event there is an error of the summation of the extended totals, the computation by the Purchasing Office of Cecil County Government of the extended totals shall govern. XVI. SERVICE DELIVERY FAILURES a) Failures of a Contractor to deliver services within the time specified, or within reasonable time as interpreted by the County, shall constitute authority for the County to purchase the services in the open market. 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. XVII. NON-LIABILITY a) The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, the transportation carrier, act of God, act of Government, act of an alien enemy or by any other circumstances which, in the County's opinion, is beyond the control of the Contractor. Under such circumstances, however, the Purchasing Agent in conjunction with the Contract Manager may at their discretion, cancel the contract. 11

12 PROPOSAL FORM Scrap Metals, Tire Rims, and Lead Acid Battery Recycling Subject: Scrap Metals, Tire Rims, and Lead Acid Battery Recycling To: Cecil County Government Pursuant to your request inviting proposals to be received until 1:30 p.m. on January 9, 2013 in the Purchasing Agent s office for Scrap Metals, Tire Rims, and Lead Acid Battery Recycling, the Cecil County Government, Department of Public Works, Solid Waste Division on the undersigned hereby submits the following proposal: PROPOSAL PRICE FOR: Recycling Scrap Metals, Tire Rims, and Lead Acid Battery NOTE: Vendors may choose to make a proposal on Option A, B, or C, on all options, or on any combination thereof. Company Name: Company Address: Company Telephone Number Company Fax Number OPTION A Scrap Metals Will you provide a container for Scrap Metals (yes/no) Will you provide transportation of Scrap Metals (yes/no) Will you compact Scrap Metals on site (Landfill) Metals (yes/no) Description of Scrap Metals service proposed: 12

13 Size of Container (Cubic Yard, Cubic Feet, etc ): Percentage paid per Long Ton for Scrap Metals Example: American Metal Market No. 2 bundles Philadelphia 60% per Long Ton Amount Proposed written out Ninety % per Long Ton American Metal Market, No. 2 bundles Philadelphia % per Long Ton Please write out the amount proposed here: % per Long Ton OPTION B Tire Rims Will you provide a container for Tire Rims (yes/no) Will you provide transportation of Tire Rims (yes/no) Description of service proposed pertaining to Tire Rims: Percentage paid per Long Ton for Tire Rims Example: American Metal Market No.1 Heavy Melt Philadelphia 30% per Long Ton Amount Proposed written out Thirty % per Long Ton American Metal Market, No. 1 Heavy Melt Philadelphia % per Long Ton Amount proposed written out: % per Long Ton 13

14 OPTION C Lead Acid Batteries: Will you provide a container for Lead Acid Batteries (yes/no) Will you provide transportation of Lead Acid Batteries (yes/no) What types of Lead Acid Batteries will you accept? Description of service proposed pertaining to Lead Acid Batteries: Percentage paid per pound for Lead Acid Batteries Example: American Metal Market Undrained, whole old batteries (Pittsburgh high) 80% per pound Amount Proposed written out Eighty % per pound American Metal Market, Undrained, whole old batteries (Pittsburgh high) % per pound Amount proposed written out: % per pound The undersigned swears (or affirms) under the penalty of perjury that the Proposers, its agents, servants and/or employees, to the best of his/her knowledge and belief, have not 14

15 in any way colluded with anyone for and on behalf of the Proposer, or themselves, to obtain information that would give the Proposer any unfair advantage over others, nor have to gain any favoritism in the award of any contract resulting from this proposal. By signing this proposal form, I acknowledge that I have read the entire proposal package. Witness Telephone Number Fax Number Proposal Submitted by: Name of Firm or Dealer Authorized Name & Signature Address (Street) Address (City, State, Zip Code) The above circled proposed Option is accepted and hereby ratified and confirmed by Cecil County Government for the award of the Scrap Metals, Tire Rims, and Lead Acid Battery Recycling contract this day of, Tari Moore County Executive Cecil County Government 15

16 CERTIFICATION OF PROPOSER S QUALIFICATIONS All applicable questions shall be answered and included with the proposal. The data given shall be clear and comprehensive. A copy of the Proposer s State of Maryland Construction Firm License or required applicable license shall be attached to this form. Information concerning this license can be obtained from Cecil County Clerk of the Court s Office at (410) You can also receive information necessary for corporations to do business in the State of Maryland from the State of Maryland Sales and Use Tax Division. Ask for a Corporation Qualifying Package at (410) All vendors shall ensure they are qualified to do business within the State of Maryland. Businesses established outside the State of Maryland shall be qualified as a Foreign Business to be eligible to provide service within the State of Maryland. Questions concerning Foreign Businesses may be referred to (410) Name of Contract: Scrap Metals, Tire Rims, and Lead Acid Battery Recycling 2. Contract No.: Bid Name of Proposer: 4. Proposer s Federal Employee I.D. No.: 5. State of Maryland Construction Firm License No.: 6. State of Maryland Control No.: 7. Business Address: 8. When Organized: 9. Where Incorporated: 10. Foreign Business No.: 11. Has the Proposer paid any sales tax on the equipment to be used on the project? Yes No 12. If so, at what rate was the sales tax paid? Percent to State of 13. How many years has the proposer been engaged in this business under your present firm name? 14. Have you ever refused to sign a contract at your original proposal? Yes No 15. Have you ever defaulted on a contract? Yes No Remarks: 16. Will you, upon request, furnish any other pertinent information that Cecil County Government may require? Yes No 17. Do you assert that you qualify under definition of Local Proposer under Cecil County Code? YES NO (If yes, attach appropriate documentation) 18. Does your business maintain a regular place of business in the State of Maryland (Resident) or would your business be considered Non-Resident? Dated this day of, Has the proposer or firm ever been disbarred, suspended or otherwise prohibited from doing work with the federal government. Yes No (If yes, explain ) With the submission of this certification, the proposer thereto certifies that the information supplied is, to the best of your knowledge, accurate and correct. (Name of Proposer) By: Title: 16

17 I. INTENT Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling Scrap Metals, Tire Rims, and Lead Acid Battery Recycling Bid SPECIFICATIONS a) The following specifications are minimal requirements to be met by the contractor submitting proposal proposals. Any changes or additional requirements submitted as part of the contractor s proposals shall be provided on a separate sheet of paper for review for possible acceptance. The County has the right to accept or refuse any change to the requirements list below. b) It is the intent of this Invitation to Bid (ITB) for Cecil County Government (hereinafter "the County") to establish a term contract with a qualified and experienced Contractor to provide all labor, material, supervision and equipment necessary to provide Scrap Metals, Tire Rims, & Lead Acid recycling services (hereinafter Metal Recycling Services on site and to be collected thereafter at the Cecil County Central Landfill (hereinafter "Landfill") located at 758 E. Old Philadelphia Rd., Elkton, MD The Recycling services shall include facilitating transportation from the Landfill, any processing or sorting, and transporting the Scrap Metals to appropriate markets for sale. II. CONTRACT ADMINISTRATION a) CONTRACT MANAGER i. The Contract Manager for this Contract shall be the County's Solid Waste Management Division Chief or his or her duly authorized representative. This shall be the Contractor's understanding in all cases throughout this document. ii. Decisions of the Contract Manager 1. 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. 17

18 iii. Current Contract Manager Contact Information 1. Cecil County Solid Waste Management Division Pete Bieniek, Chief 758 E. Old Philadelphia Rd. Elkton, MD (410) extension Contract Manager Authorized Representative a. Cecil County Solid Waste Management Division Tanya M. Adams, Recycling Coordinator 758 E. Old Philadelphia Rd. Elkton, MD (410) extension 224 b) CONTRACT ADMINISTRATOR i. To prevent misunderstanding, the Purchasing Office acting as the Contract Administrator 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. ii. 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. iii. The decision of the Contract Administrator shall be final and conclusive and he shall have the authority hereunder to enforce and make effective such decisions and orders if the Contractor fails to respond promptly. iv. Additional specifications and/or instructions to proposers may also be obtained by ing or by calling the Purchasing Department (David Pyle, Purchasing Agent) at

19 v. All inquiries will be shared with each vendor submitting a proposal. The Purchasing Officer may issue an addendum to the Contract providing the Contract Manager's determination and/or interpretation. III. DEFINITIONS Unless otherwise indicated, or agreed to in the proposal, the following definitions shall be used: Business Day: Buyer: Conversion Factor: De-rim: Landfill: Normal Operation Hours of Cecil County Central Landfill excluding Saturdays and Holidays listed in specifications. Shall be known as the Contractor. Shall mean 1.12 Short Ton = 1 Long Ton Conversion Factor = (2240 pounds per Short Ton / 2000 pounds per Long Ton) = 1.12 Short Ton Shall mean removing metal rims from tires and subsequent collection of rims for recycling Shall mean the Cecil County Central Landfill located at 758 E. Old Philadelphia Rd. (Rt. 7), Elkton, MD Lead Acid Battery Contract Price: This is the final per pound Price that the Contractor will pay the County for the month of pickup of Lead Acid Batteries. This price will be reflected on the Weight Ticket(s). The Scrap Metals Contract Price = Consumer Buying Prices, Philadelphia #1 Bundles per Long Ton x Percentage Proposed by Contractor x Conversion Factor Long Ton: Out-Throws: Metal Recyclables: Shall mean the weight 2,240 pounds. Shall mean non-metallic items collected with or as part of metal items. Scrap Metals, including Tire Rims, and Lead Acid Batteries 19

20 Refrigerant Unit: Scrap Metals: Scrap Metals Contract Price: Any unit or appliance which uses a refrigerant, such as Freon. Refrigerants include, but are not limited to, refrigerators, air conditioning units, and freezers. Any metal product and anything attached to it that is not metallic, including but not limited to, auto parts, trailers/campers, dryers, household appliances, grills, metal desks, cabinets, shelves, chairs, bicycles, fence, lawnmowers, aluminum siding, pipes, wire, crushed oil filters Freon appliances or other refrigerant units. This definition excludes propane tanks and other gas cylinders and tanks with valves present. Tire rims are not included in this definition. This is the final per Short Ton Price that the Contractor will pay the County for the month of pickup of Scrap Metals. This price will be reflected on the Weight Tickets. The Scrap Metals Contract Price = Consumer Buying Prices, Philadelphia #2 Bundles per Long Ton x Percentage Proposed by Contractor x Conversion Factor Seller: Short Ton: Tire Rims: Tire Rim Contract Price: Shall be known as the County. Shall mean the weight of 2,000 pounds. Metal rims from tires This is the final per Short Ton Price that the Contractor will pay the County for the month of pickup of Tire Rims. This price will be reflected on the Weight Tickets. The Tire Rims Contract Price = Consumer Buying Prices, No. 1 Heavy Melt, Philadelphia per Long Ton x Percentage Proposed by Contractor x Conversion Factor Weight Slips: Shall mean a ticket generated by a Weighmaster or other County employee operating the scales at the Landfill where goods shall be collected, which ticket shall identify the County, transporter (Contractor), material, and weight. 20

21 IV. WORK TO BE PERFORMED a) CONTRACTOR RESPONSIBILITIES i. The Contractor shall be responsible for accepting Recyclables from the Landfill to markets for sale on an as needed or scheduled basis which will be determined by the Contract Manager. 1. The Contractor will remove Tire Rims from tires collected and may collect Tire Rims in a separate container on site 2. The Contractor will provide either a container, able to be secured, or a scheduled weekly pickup for Lead Acid Batteries 3. The Contractor will NOT remove Scrap Metals, Tire Rims, or Lead Acid Batteries from the Landfill unless they have scheduled the removal with the Contract Manager. 4. The Contract Manager may schedule regular pickups with the Contractor in accordance with the nature of the proposal. 5. The Contractor will NOT remove any Recyclables from the Landfill during Saturdays or County Holidays in which the Landfill is in operation. ii. The Contractor's vehicles shall be easily identifiable with Contractor's name and/or license number and the Cecil County Treasurer s Office issued Cecil County Landfill Identification sticker. iii. Contractor shall collect Scrap Metals as is, including tires on bicycles, lawn mowers and trailers, cloth on umbrellas, wood on benches, etc. Under no circumstances shall the Contractor shred, sort, or otherwise alter/change the material to be collected at the site. 1. Tires shall be De-rimmed on site. 2. At no time shall the Contractor invoice the County for any materials or contaminants within the load of Recyclables. 21

22 3. If the contractor wishes to immediately reload and return Out-throws to Landfill, the Landfill will accept them at no charge. iv. Solid Gas cylinders with valves, if found in the Scrap Metals, and deemed unacceptable by the Contractor, should be set to the side by the Contractor for recycling by a separate contractor. v. Any materials set to the side should be reported to the Contract Manager or designee. vi. The Contractor shall be responsible for the removal of Freon and other ozone depleting compounds prior to recycling of materials. Refrigerant removal shall be performed by a certified technician in compliances with the EPA Clean Air Act, Section 608. vii. The Contractor shall report, any materials collected in Cecil County and taken elsewhere than the Cecil County Central Landfill for disposal and/or recycling biannually to the County Recycling Coordinator in accordance with the provisions of Cecil County Code 239 Refuse Haulers, Commercial. viii. The Contractor shall accept all designated Recyclables 1. At a minimum, the materials to be accepted are defined in Section III. ix. The Contractor's acceptable Scrap Metals materials may expand beyond items listed in this specification. 1. The Contractor may propose adding additional metal recyclables to the list of items during the term of this contract for the duration of the contract term including renewals upon County acceptance. x. The Contractor for this Scrap Metals recycling services contract shall comply with all Federal, State, County and Local statutes, ordinances and regulations applicable for the removal of refrigerant(s) and marketing of Scrap Metals. xi. The Contractor shall demonstrate prior satisfactory experience in removing, hauling and marketing Scrap Metals. 22

23 xii. County Landfill scales shall be used to weigh all incoming and outgoing vehicles, containers and materials. County generated tickets shall be used to invoice the Contractor at the Contract Price for that material (see Definitions). xiii. Contractor's negligent, accidental or intentional failure, to weigh in and out of the Landfill shall result in a payment to the County for that load based upon two times the highest paid amount made by the Contractor during the course of the contract to date. xiv. Contractor shall cover loads before leaving the Landfill. xv. Contractor may not separate or sort Scrap Metals at the Landfill due to lack of space and safety issues. 1. Tire Rims may be separated at the Landfill xvi. Contractor may store equipment on site for the express purpose of storing, compacting, or loading Recyclables. xvii. Contractor shall not store tools or fuel for Contractor's equipment on site. xviii. The Contractor shall collect and remove Recyclables within ten (10) business days of being contacted by the Contract Manager that there is sufficient material(s) to pickup or as otherwise scheduled with the Contract Manager. xix. Contractor shall remove Recyclables from the Landfill per specifications Monday through Friday between the hours of 7:30 a.m. and 3:30 p.m. while the scale house is staffed and operating. No pickups shall be made at any other times. xx. All material may contain a minimal amount of Out-throws. xxi. No recyclable materials shall contain known hazardous materials other than normal refrigerants. 1. The Contractor will provide a certificate of recycling to the Contract Manager within thirty (30) days of pickup for the refrigerant collected from refrigerant units at the Landfill. 23

24 b) COUNTY RESPONSIBILITIES i. Gas Cylinders 1. The County shall not be responsible for the removal of valves or making sure there are holes in gas cylinders. 2. The County reserves the right to separately collect, recover, and recycle gas cylinders of all types under a separate account. ii. Pickup Scheduling 1. The Contract Manager will schedule pickup of materials with the Contractor. iii. Weighing Loads iv. Collection V. PERFORMANCE AND LAWS 1. The County shall weigh Recyclables in and out of landfill using certified scales and provide driver with a scale ticket. 1. The County shall collect Recyclables from residential and commercial sources. 2. The County shall, to the best of its ability, keep Out-thows out of the Scrap Metals. 3. At no time will the County be financially or legally responsible for any Out-throws delivered to your facility. a) All work performed shall be of high quality in accordance with good practices, procedures and industry standards. The Contractor shall conform to all Federal, State and Local laws and governmental regulations. b) The Contractor shall assume liability for all applicable local, state and federal laws, including but not limited to transportation of Recyclables and any applicable laws governing the processing of Recyclables. 24

25 Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling VI. TITLE AND RESPONSIBILITY FOR RECYCLABLES a) The County agrees that title to the Recyclables shall pass to the Contractor at the time that Recyclables are accepted by the Contractor. The County shall assume all responsibility for the Recyclables until accepted by the Contractor. VII. QUANTITIES a) Quantities are a guideline and are not guaranteed to be available. b) The Contractor is obligated to collect all Recyclables in accordance with the specifications of the contract regardless of quantity. c) Quantities over the last ten years and the average for Scrap Metals and Lead Acid Batteries from the Cecil County Central Landfill: Table 7a Scrap Metals Annual Year AVG Short Tons OUTGOING SCRAP METAL Cecil County Central Landfill ( in short tons annually)

26 Table 7b Lead Acid Batteries Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling Annua l Year AVG Short Tons Pound s Cecil County Solid Waste Management Division Historic Lead Acid Battery Tonnages (Short Tons) VIII. PRICE ADJUSTMENT a) Scrap Metals b) Tire Rims a. In submitting proposals, each Contractor shall set forth the percentage of the amount they will pay to the County for Scrap Metals in accordance with the contract. The floor price shall be $0.00 for all materials. This percentage and floor price shall remain fixed during the overall life of the contract. a. In submitting proposals, each Contractor shall set forth the percentage of the amount they will pay to the County for Tire Rims in accordance with the contract. The floor price shall be $0.00 for all materials. This percentage and floor price shall remain fixed during the overall life of the contract. 26

27 c) Lead Acid Batteries Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling a. In submitting proposals, each Contractor shall set forth the percentage of the amount they will pay to the County for Lead Acid Batteries in accordance with the contract. The floor price shall be $0.00 for all materials. This percentage and floor price shall remain fixed during the overall life of the contract. IX. RECYCLABLE MATERIAL PRICING METHODOLOGY a) Scrap Metals i. The Contractor shall, within thirty days of the effective County invoice date, pay the County a percentage of a per ton fee determined from the following methodology: ii. The value of this material shall be based on the Consumer Buying Prices, Philadelphia Market, Grade No. 2 bundles, Long Ton price in the American Metal Market (AMM) for Scrap Metals. iii. This price shall be adjusted upon the first AMM issue each month for material delivered until the next month's issue. iv. If the published rate is a range, the high figure shall be used to determine the market price. If no price is posted, then the previous month's price shall remain in effect. The value of this material shall have a floor price of Zero ($0.00) for the contract period. The Scrap Metals Contract Price = i. This material does not include tire rims, which will be collected separately. 1. The Contractor shall pay the Scrap Metals Contracted Price by the Short Ton. The Tire Rim Contracted Price is calculated by using the following formula: AMM Consumer Buying Prices, Philadelphia #2 Bundles per Long Ton x % Proposed x Conversion Factor 2. The Conversion Factor is 1.12 Short Tons per Long Ton and is determined by dividing 2240 pounds per Short Ton by 2000 pounds per Long Ton. The Conversion Factor is used to convert Long Tons to Short Tons for the purposes of determining the Scrap Metals Contract Price 27

28 b. Tire Rims Bid 13-17: Scrap Metals, Tire Rims, & Lead Acid Battery Recycling 3. Example: AMM August 1, 2013 Consumer Buying Prices, Philadelphia #2 Bundles = $220 per Long Ton Scrap Metals Contract Price = $ per Long Ton x 80% proposed x 1.12 Scrap Metals Contract Price = $ per Short Ton i. The Contractor shall, within thirty days of the effective County invoice date, pay the County a percentage of a per ton fee determined from the following methodology: ii. The value of this material shall be based on the Consumer Buying Prices, Philadelphia Market, Grade No. 1 Heavy Melt, Long Ton price in the American Metal Market (AMM) for Scrap Metals. iii. This price shall be adjusted upon the first daily issue of AMM each month for material delivered until the next month's issue. The Tire Rims Contract Price = iv. If the published rate is a range, the high figure shall be used to determine the market price. If no price is posted, then the previous month's price shall remain in effect. The value of this material shall have a floor price of Zero ($0.00) for the contract period. v. At no time will the County pay for the service of having Tire Rims removed from tires. The Contractor will remove tires from rims and recycle the Tire Rims. vi. Tire Rims shall be separate from Scrap Metals in order to weigh them separately across the Landfill scales. vii. The Contractor shall pay the Tire Rims Contracted Price by the Short Ton. The Tire Rim Contracted Price is calculated by using the following formula: AMM Consumer Buying Prices, Philadelphia #1 Heavy Melt per Long Ton x % Proposed x Conversion Factor viii. The Conversion Factor is 1.12 Short Tons per Long Ton and is determined by dividing 2000 pounds per Short Ton by 2240 pounds per Long Ton. The Conversion Factor is used to convert Long Tons to Short Tons for the purposes of determining the Scrap Metals Contract Price 28

29 ix. Example: AMM October 9, 2012 Consumer Buying Prices, Philadelphia #2 Bundles = $303 per Long Ton Tire Rims Contract Price = $ per Long Ton x 50% proposed x 1.12 Tire Rims Contract Price = $ per Short Ton c. Lead Acid Batteries i. The Contractor shall, within thirty days of the effective County invoice date, pay the County a per pound fee according to fair market value, based on the American Metal Market Index, for Undrained, whole lead acid batteries at the time of pickup from the Landfill. ii. This price shall be adjusted upon the first daily issue of AMM each month for material delivered until the next month's issue. iii. If the published rate is a range, the high figure shall be used to determine the market price. If no price is posted, then the previous month's price shall remain in effect. The value of this material shall have a floor price of Zero ($0.00) for the contract period. iv. The month of effective price quotation corresponds to the month that the day of pickup falls in. v. The Lead Acid Battery Contract Price = ''Non Ferrous Scrap Prices" for Undrained Whole Old Batteries (high side) Pittsburg area x % proposed by Contractor vi. Example: AMM August 1, 2012 Lead Undrained Whole Old Batteries Pittsburg (high) = $0.26 per pound Lead Acid Batteries Contract Price = $0.26 per pound x 70% proposed Tire Rims Contract Price = $0.18 per pound 29

30 Notes: Vendors may propose on Options A, B, or C or any combination thereof on the proposal sheet. 30

31 Cecil County Government 200 Chesapeake Blvd Elkton, MD Indemnity/Hold Harmless Agreement To the fullest extent permitted by law, the undersigned Organization agrees to indemnify and hold Cecil County Government, its elected and appointed officials, employees and volunteers, and others working on behalf of Cecil County Government, harmless from and against all loss, cost, expense, damage, liability or claims, whether groundless or not, arising out of the bodily injury, sickness or disease (including death resulting at any time there from) which may be sustained or claimed by any person or persons, or the damage or destruction of any property, including the loss of use thereof, based on any act or omission, negligent or otherwise, of the Organization, or anyone acting on its behalf in connection with or incident to Bid 13-17; Scrap Metals, Tire Rims, and Lead Acid Battery Recycling, except that the Organization shall not be responsible to Cecil County Government on indemnity for damages caused by or resulting from Cecil County Government's sole negligence; and the Organization shall, at it own cost and expense, defend any such claims and any suit, action, or proceeding which may be recovered in any suit, action or proceeding, and any and all expense including, but not limited to, costs, attorney's fees and settlement expenses, which may be incurred therein. Name of Organization: Authorized Signature: Address of Organization: Phone: Date: Return this letter with Proposal Package 31

32 LOCAL CONTRACTORS PREFERENCE Cecil County Code entitled Local Preference reads as follows: Cecil County reserves the right to show preference to local bidders in the purchase of supplies, equipment and services. The amount shall not exceed six percent (6%) of the amount bid or quoted, and/or $60,000, whichever is less. A local bidder is defined as an individual or business that maintains a place of business or maintains an inventory of merchandise and/or equipment in Cecil County, is licensed by Cecil County and/or the State of Maryland, if required and is subject to Cecil County real and/or personal property taxes. Any local bidder in default on payment of any county or state tax or license shall not be eligible to receive preference until all taxes or licenses due are paid. Bidders are cautioned to note the specific and several requirements that may qualify a bidder for local preference consideration. A bidder wishing to receive local preference consideration must be able to demonstrate qualification under all the noted requirements. No bidder should assume, regardless of whether the bidder qualifies under the definition of local bidder that the County Executive of Cecil County would grant preference on this contract to any bidder. Cecil County Government reserves the right to do so under Section of the Cecil County Code but is not bound to do so under any circumstance, regardless of precedent. Any bidder that wishes to be considered a local bidder in the Cecil County Government award of the contract shall submit with the bid any and all documentation that proves that the bidder, identified by name in the submitted bid, meets the definition of local bidder. Neither Cecil County Government nor the Procurement officer shall be bound by any information or documentation provided by the bidder after opening of the bids. However, the County reserves all rights to investigate a bidder s potential qualification as a local bidder and use any relevant information in its determination of a bidder s qualification under the definition, regardless of when it is obtained. 32