CONTRACT SPECIFICATIONS/AGREEMENT FOR TRANSPORTATION AND DISPOSAL OF TIRES FOR TOWN OF PHIPPSBURG, MAINE SOLID WASTE TRANSFER STATION

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1 CONTRACT SPECIFICATIONS/AGREEMENT FOR TRANSPORTATION AND DISPOSAL OF TIRES FOR TOWN OF PHIPPSBURG, MAINE SOLID WASTE TRANSFER STATION 1.1 General: The intent of these specifications is to provide the Town of Phippsburg with a proposal to transport and dispose of tires from the Phippsburg Solid Waste Transfer Station on the Sam Day Hill Road in Phippsburg, in accordance with the Department of Environmental Protection requirements, Town Ordinances, Maine Department of Regulations, and these specifications. The Transfer Station is located approximately 900 feet east of Route 209 along the northerly side of Sam Day Hill Road in the Town of Phippsburg, Maine. The tires is generated by domestic and normal commercial and industrial sources. It is estimated that the Town of Phippsburg generates an average of 26 tons per year of tires. The Town of Phippsburg shall hereinafter be designated as the Owner; the Engineer shall be the Professional Engineer retained by the Owner to conduct periodic inspections of facility operations to ensure proper operations. 2.1 Description: Under this Contract, the Contractor shall provide all the necessary equipment, including appropriately sized and equipped trucks, to pickup, transport and dispose of tires. This will be done during the time the Transfer Station is closed. The Contractor shall be responsible for any damage to the Transfer Station caused by Contractor neglect, improper operation of equipment, or resulting from the failure of the Contractor's equipment. It shall be solely the Contractor's responsibility to operate or cause the operation of transport vehicles within legal limits. 3.1 Response Time: The Contractor shall provide the removal and disposal services within three weeks of notification by the Transfer Station supervisor. Pickup days will either be a Tuesday or Thursday from May 1st to September 14th. From September 15th to April 30th the pickup days may be any day but Wednesday or Saturday. 1

2 4.1 Supervision: The Contractor shall be responsible for the overall supervision of the tires removal and transportation operations. The Contractor shall be responsible for responding to complaints regarding the improper operation of vehicles and equipment related to any and all transportation operations. 5.1 Records: The Contractor shall be required to keep records for each day tires are transported to include; the time and date of transportation operations, quantity of tires transported, and remarks indicating any unusual events. All records shall be submitted to the Owner with the requisition for payment and become property of the Owner. Prior to February 1st of each year, the Contractor will provide an annual breakdown of tire tonnages removed from the Transfer Station for the prior calendar year. This breakdown will include amount recycled and amount landfilled. 6.1 Insurance/Indemnification: The Contractor, prior to commencing work, shall provide at its own cost and expense, the following insurance to the Town together with evidence of such insurance as stated below. Sixty (60) days prior to cancellation or material change in the policies, the Contractor shall give notice to the Town by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Contractor and identify the Agreement. All policies shall be endorsed naming the Town and their employees as additional named insured. All policies shall require that the insured shall pay all complete defense claims and any judgments entered therein. The Town shall have the right to review all insurance policies in full. 1. Workers Compensation: The Contractor shall obtain standard workers' compensation insurance indemnifying the Contractor against any loss arising from liability or injuries sustained by and all agents, servants or employees of the Contractor who shall be entitled to compensation under the Workers' Compensation Law of the State of Maine. 2. General Liability: The Contractor shall obtain General Liability Insurance with a minimum limit of liability per occurrence of One Million Dollars ($1,000,000.00) for bodily injury and One Million Dollars ($1,000,000.00) for property damage. The following coverages shall be listed on the Certificate of Insurance: (1) Premises-Operations (2) Broad Form Contractual (3) Broad Form Extension Endorsement 3. Automobile Liability: The Contractor shall obtain Automobile Liability Insurance with a minimum limit of liability per occurrence of One Million Dollars ($1,000,000.00) for bodily injury and a minimum limit of One Million Dollars ($1,000,000.00) per occurrence for property damage. The following 2

3 insurance coverage for bodily injury and property damage shall be included: (1) Owned automobiles (2) Hired automobiles (3) Non-owned automobiles 7.1 Policy Changes: If at any time any of the foregoing policies shall be or become unsatisfactory to the Town, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Town, promptly obtain a new policy and submit a certificate thereof as hereinabove provided. Upon failure of the Contractor to furnish, deliver and maintain such insurance as above provided, this Agreement, at the election of the Town, may be forthwith declared suspended, discontinued or terminated. Failure of the Contractor to take out and/or maintain or the taking out and /or maintenance of any required insurance, shall not relieve the Contractor of any liability under the Agreement. All policies required above shall contain a sixty (60) day notice of cancellation and shall require the insured to notify the Town of its intent to cancel immediately. 7.2 Insurance Companies: The Contractor shall use insurance companies that have an A.M. Best Company rating of at least A. The Town, in their sole judgment and discretion, if they consider it appropriate to do so, may allow the Contractor to utilize and insure with an insurer with a rating less than A. All such requests must be forwarded to the Town for their review and approval. 7.3 Harmless Provision/Contractual Liability Insurance: The Contractor shall indemnify, defend, and hold harmless the Town, and their respective officers, agents, contractors, subcontractors, servants, volunteers, and employees, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, awards, losses, damages, costs and expenses, including attorneys' fees, because of bodily injury, sickness, disease or death, sustained by any person or persons or injury or damages to, or destruction of, any property directly or indirectly arising out of, relating to, or in connection with the work performed pursuant to this Agreement, whether or not due or claimed to be due, in whole or in part, to the active, passive or concurrent negligence or fault of the Contractor, its officers, agents, servants, or employees and/or any other person or persons and whether or not such claims, demands, suits or proceedings are just, unjust, groundless, false, or fraudulent. The Contractor shall and does hereby assume and agree to pay for the defense of all such claims, demands, suits and proceedings. 7.4 Insurance Evidence: The Contractor shall furnish satisfactory evidence to the Town that with respect to accomplishing to work in the Agreement, it carries said satisfactory insurance in the amounts specified in this contract and that the premium(s) on said insurance policy(ies) has (have) been paid for one (1) year. Contractor shall renew such policy(ies) as necessary to comply with the 3

4 provisions of this section. 8.1 Owner's Right to Terminate Contract: If, through any cause, the Contractor should fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor should violate any of the covenants, agreements or stipulations, or persistently disregard laws, ordinances, or the instructions of the Owner or Engineer, the Owner will have the right to terminate this Contract and specify the effective date of such termination, at least ten days before the specified termination. In such case, the Contractor will not be entitled to receive further payment until the Owner has assessed the damages resulting from the termination. If the unpaid balance exceeds the cost of damages and interim conduct of work, less bid rates, then such excess shall be paid to the Contractor. If such expenses exceed the unpaid balance, then the Contractor shall pay the difference to the Owner and the damages incurred through the Contractor's default shall be certified by the Engineer 9.1 Contractor's Right To Terminate Contract: If the work should be stopped under an order of any court, or other public authority for a period of sixty days, through no fault of the Contractor, he may, upon thirty days written notice to the Owner, terminate this Contract. If the Owner fails to pay the Contractor within sixty (60) days after presentation of an Application for Payment any sum due the Contractor for work proposed under this specification the Contractor may, upon thirty (30) days written notice to the Owner, terminate this Contract Town of Phippsburg Duties: The Town of Phippsburg shall operate and maintain the solid waste transfer facility through its agents or employees such that the Contractor may safely and efficiently execute his responsibilities under this Contract Access: The Town of Phippsburg shall maintain and keep clear all access roads to and within the facility such that the Contractor may perform the duties required by this Contract free of any unnecessary hazard or impediment to his employees, agents, or equipment Payments: The Contractor shall submit to the Owner an application for payment for work completed at the end of each month. The request for payment shall indicate the time and date each item of work was performed, the unit price of each, and a total monthly payment due plus past payments due. The Owner shall pay the Contractor within thirty (30) days of receiving the request for payment. If a payment is due to the Town for tires removed it shall be received within 30 days Assignments: The Contractor shall not assign the Contract or sublet it as a whole or any part thereof without written consent by the Owner Conduct of Work: The Contractor shall at all times use competent personnel when 4

5 conducting work under the Contract. Intoxicated or otherwise impaired Contractor employees working under this proposal will be just cause for the Owner to terminate the Contract. The Contractor shall protect the property of the Owner and others from injury or loss and shall make good any damage, injury, or loss. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all Federal, State, and Local safety laws Arbitration: If, in the performance of this Contract, a dispute arises between the Owner and the Contractor which cannot be settled, then this dispute shall be decided by a five-person board of citizens. Two citizens will be selected by the Owner, two by the Contractor and one mutually selected by these four citizens. The decision rendered by this board shall be final. The Contractor shall continue to perform the work under this Contract during any arbitration proceedings, unless otherwise mutually agreed in writing Term of Agreement: The term of this Agreement shall commence on September 1, 2011 and terminate on August 31, 2016, unless otherwise terminated earlier, as provided in the Agreement Bids: At the time of the opening of Bids, each Bidder will be presumed to have inspected the Transfer Station, to have read and be familiar with the Department of Environmental Protection Agencies Regulations and MDOT Rules and Regulations covering the transport of tires and to have attended the pre-bid conference. The failure or omission of any Bidder to accomplish the preceding shall in no way relieve the Bidder from any obligations under this Contract. The Owner reserves the right to accept or reject any or all Bids to be in the Owner's best interest, to waive technicalities or to negotiate with any Bidder as considered by the Owner to be in the Owner's best interest. Sealed Proposals, clearly marked as Tire Bids, shall be submitted to the Selectmen of the Town of Phippsburg, Phippsburg Municipal Office, 1042 Main Rd, Phippsburg, ME before 12:00 p.m. (Noon) on Friday, July 22, Bids will be opened at 12:15 p.m. on Friday, July 22, 2016 at the Municipal Office. The contract will be awarded at 6:00 p.m. on Wednesday, July 27, 2016 at the Municipal Office. 5

6 17.1 Pre-Bid Conference: A pre-bid conference shall be held at 10:00 a.m. on Monday, July 11, 2016 at the Town of Phippsburg's Municipal Office for the purpose of responding to questions regarding proposed work Method of Measurement: Method of measurement shall be the number of transport trips to dispose of tires and/or the tonnage fee for disposal. This is for hauls which are acceptably completed in accordance with these specifications Basis of Payment: Payment shall be made at the Contract Unit Price per transport trip and/or tonnage fee for disposal as shown on the Bid Schedule for trips acceptably completed Bid Schedule: The Owner requests proposals for a 5 year Contract beginning on September 1, Bid amounts are requested for each anniversary year based on a unit price for transportation () and/or tonnage disposal fee. 6

7 BID SCHEDULE Five year Contract Town of Phippsburg Tire and Disposal September 1, 2016 to August 31, 2021 Year 1 (September 1, 2016 to August 31, 2017) Year 2 (September 1, 2017 to August 31, 2018) Year 3 (September 1, 2018 to August 31, 2019) Year 4 (September 1, 2019 to August 31, 2020) Year 5 (September 1, 2020 to August 31, 2021) 7

8 21.1 Contractor Proposals: Having carefully examined the specifications, operation and maintenance manuals, Federal and State Regulations, and Transfer Station plans and specifications, the undersigned proposes to furnish all labor, equipment, fuel, materials, and supervision necessary for and incidental to the completion of the work for the prices indicated in the Bid Schedule under Item 20.1 of these specifications. Signed: Title: Company: Address: Phone: SEALED BIDS DUE BY 12:00 PM (NOON) ON FRIDAY, JULY 22, 2016 TO: TOWN OFFICE 1042 MAIN RD PHIPPSBURG, ME