REQUEST FOR PROPOSAL For Scrap Metals, Tire Rims & Lead Acid Battery Recycling

Transcription

1 CECIL COUNTY, MARYLAND DEPARTMENT OF PUBLIC WORKS SOLID WASTE DIVISION REQUEST FOR PROPOSAL RFP REQUEST FOR PROPOSAL For Scrap Metals, Tire Rims & Lead Acid Battery Recycling Cecil County, Maryland 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. DETERMINATION OF RESPONSIBILITY. 5 VIII. PROPOSER CERTIFICATION. 6 IX. SCOPE OF WORK 7 X. CONSTRAINTS ON THE SUCCESSFUL OFFEROR. 21 XI. PROPOSER PERSONNEL REQUIREMENTS 23 XII. RESPONSIBILITIES OF THE ORGANIZATION XIII. AGREEMENT OF TERMS AND CONDITIONS. 23 XIV. INSURANCE REQUIREMENTS.. 28 XV. BONDING REQUIREMENTS 29 XVI. INSTRUCTIONS FOR PROPOSAL.. 29 XVII. COMPLIANCE WITH THE RFP. 29 XVIII. REVISIONS DUE TO AMBIGUITY, CONFLICT OR OTHER ERRORS IN RFP. 30 XIX. IMPLIED REQUIREMENTS.. 30 XX. PROPOSALS AND PRESENTATION COSTS. 30 XXI. REJECTION OF PROPOSALS. 30 XXII. EXCEPTION TO FORMAT. 30 XXIII. REQUESTS FOR CLARIFICATION.. 31 XXIV. VALIDITY OF PROPOSALS 31 XXV. PROPOSAL SUBMITTAL FORMAT. 31 XXVI. PROPOSAL COST SHEET 32 XXVII. EVALUATION OF PROPOSAL AND AWARD. 37 XXVIII. NOTIFICATION XXIX. PROPOSAL PROTEST.. 40 XXX. TERM & TYPE OF CONTRACT 40 INDEMNITY/HOLD HARMLESS.. 41 PROPOSER CHECKLIST 27 REQUEST FOR PROPOSAL

3 I. PURPOSE: Cecil County, Maryland Department of Public Works, Solid Waste Division (SWMD) is requesting proposals for RFP 16-14; Scrap Metals, Tire Rims & Lead Acid Battery Recycling as specified 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 RFP is to solicit competitive proposals from qualified vendors with whom the County can contract for Scrap Metals, Tire Rims & Lead Acid Battery Recycling for the specified equipment. The composition of the Respondent s team or team configuration shall be clearly defined and stated with the proposal. The past experience and qualifications of the team shall be detailed in the proposal. The vendor shall be selected according to Best Value as determined by a select County Committee. III. INQUIRIES: All inquiries, questions, etc. concerning the RFP shall be forwarded to Purchasing Office by (Purchasingoffice@ccgov.org, cc; ehart@ccgov.org ) or or mail requests to Purchasing Office, 200 Chesapeake Blvd, Suite 1400, Elkton, MD All questions shall be in writing. Any changes to the RFP will be in writing, documented and forwarded to all participating Proposers 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 Code of Cecil County, Chapter 92; Purchasing Code, concerning good public purchasing practices. All available information may be reviewed on the Cecil County, Maryland website ( Additional requirements are attached to the RFP requiring adherence to all Federal, State and local Regulations. V. PROPOSAL SUBMITTAL REQUIREMENTS: PROPOSAL Prospective packages shall be submitted in sealed envelopes clearly marked in the lower left-hand corner RFP 16-14; Scrap Metals, Tire Rims & Lead Acid Battery Recycling no later than 1:30 p.m. on August 13, No proposal will be accepted after 1:30 p.m. and all proposals shall be delivered to the Purchasing Office, 200 Chesapeake Blvd, Suite 1400, Elkton, Maryland All material submitted will become the property of Cecil County, Maryland and the only information available at the proposal opening will be the names of Proposers submitting proposals. No facsimile of proposals will be accepted. 3

4 A Pre-Proposal meeting will be held on August 3, 2015 at 9 a.m. at the Cecil County Central Landfill, 758 E. Old Philadelphia Road, 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. VI. EXAMINATION OF SITE AND DATA Before submitting proposals, prospective Proposers shall carefully examine the Proposed Contract Documents, inspect the current equipment, 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 Proposer has so familiarized himself and, therefore, no concession will be granted by the County because of any claim of misunderstanding or lack of information. Proposers are expected to read and study all specifications with special care and to observe all their requirements. Discrepancies, ambiguities, errors or omissions noted by Proposers should be reported promptly to the County for correction or interpretation before the date of the opening of proposal. 4

5 VII. DETERMINATION OF RESPONSIBILITY: CERTIFICATION OF PROPOSER S QUALIFICATIONS All applicable questions must be answered and included with the RFP. The data given must 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 Proposers shall ensure they are qualified to do business within the State of Maryland. Businesses established outside the State of Maryland must 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: 2. Contract No.: RFP # Name of Proposer: 4. State of Maryland Construction Firm License No.: 5. Business Address: 6. When Organized: 7. Where Incorporated: 8. Foreign Business No.: 9. Has the Proposer paid any sales tax on the equipment to be used on the project? Yes No 10. If so, at what rate was the sales tax paid? Percent to State of 11. How many years has the Proposer been engaged in this business under your present firm name? 12. Have you ever refused to sign a contract at your original RFP/Proposal? Yes No 13. Have you ever defaulted on a contract? Yes No Remarks: 14. Will you, upon request, furnish any other pertinent information that Cecil County, Maryland may require? Yes No 15. Does your business maintain a regular place of business in the State of Maryland (Resident) or would your business be considered Non-Resident? 16. 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. Dated this day of, (Name of Proposer) By: \ Title: 5

6 VIII. PROPOSER CERTIFICATION The above statements are certified to be true and accurate and we have the equipment, labor, supervision and financial capacity to perform this Contract. Dated at this day of, 20. State of County of, ss. By: (Title of Person Signing) (Name of Organization) being duly sworn, states he is of (Office) and that the answers to the foregoing questions and all statements therein contained are true and correct. Sworn to before me this day of 20. Notary Public (My Commission Expires: ) (NOTARY SEAL) 6

7 IX. SCOPE OF WORK: GENERAL CONCEPTS 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. iii. iv. 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. 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 and the tires are then recycled 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 nineteen years. Tire Rim recycling has existed for over three years. 7

8 SPECIFICATIONS 1. INTENT 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 RFP (ITB) for Cecil County, Maryland (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. c) The option has been added to the RFP to propose pricing for Metal Recycling Services delivered to the proposer s facility. 2. 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. 8

9 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 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 cc; or by calling the Purchasing Office (David Pyle, Purchasing Agent) at

10 3. DEFINITIONS 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. Unless otherwise indicated, or agreed to in the proposal, the following definitions shall be used: Business Day: Buyer: Conversion Factor: De-rim: Landfill: Lead Acid Batteries: 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 Types of lead-acid Batteries collected include automotive, marine, motor cycle, lawn mower, recreational vehicle, and deep cycle Batteries. 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 Lead Acid Battery Contract Price = Dealer Buying Prices, Pittsburg Undrained, whole old batteries cents per pound high x Percentage Proposed by Contractor. Long Ton: Shall mean the weight 2,240 pounds. 10

11 Out-Throws: Metal Recyclables: Refrigerant Unit: Scrap Metals: Scrap Metals Contract Price: Shall mean non-metallic items collected with or as part of metal items. Scrap Metals, including Tire Rims, and Lead Acid Batteries 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,, metal desks, cabinets, shelves, chairs, bicycles, fence, lawnmowers,, 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 and heavy equipment 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 11

12 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. 4. 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 s Authorized Representative. 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 s Authorized Representative. 4. The Contract Manager s Authorized Representative may schedule regular pickups with the Contractor in accordance with the nature of the proposal. 5. The contractor will pick up scrap metal from the Central Landfill at a rate no less than once per month. 6. The Contractor will NOT remove any Recyclables from the Landfill during Saturdays or County Holidays in which the Landfill is in operation unless prior approval is obtained. 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. 12

13 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. The contractor has the option of choosing to de-rim tires. If this option is chosen on the proposal form, tires shall be Derimmed on site. 2. At no time shall the Contractor invoice the County for any materials or contaminants within the load of Recyclables. 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 s Authorized Representative. vi. The Contractor has the option to be responsible for the removal of Freon and other ozone depleting compounds prior to recycling of materials. If this option is checked on the proposal form, Refrigerant removal shall be performed by a certified technician in compliances with the EPA Clean Air Act, Section 608. vii. The Contractor shall obtain a Cecil County Refuse Hauler License and 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. 13

14 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. 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 s Authorized Representative that there is sufficient material(s) to pickup or as otherwise scheduled with the Contract Manager s Authorized Representative. 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. 14

15 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 s Authorized Representative within thirty (30) days of pickup for the refrigerant collected from Refrigerant Units at the Landfill. 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 s Authorized Representative will schedule pickup of materials with the Contractor. iii. Weighing Loads iv. Collection 5. 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-throws 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. 15

16 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. 6. TITLE AND RESPONSIBILITY FOR RECYCLABLES c) 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. 7. QUANTITIES d) Quantities are a guideline and are not guaranteed to be available. e) The Contractor is obligated to collect all Recyclables in accordance with the specifications of the contract regardless of quantity. f) Quantities over the last ten years and the average for Scrap Metals and Lead Acid Batteries from the Cecil County Central Landfill: Table Scrap Metals, Steel Tire Rims, & Lead Acid Batteries Tons AVG Scrap Metal Steel Tire Rims Lead Acid Batteries

17 6. 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. 17

18 c) Lead Acid Batteries 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. 7. RECYCLABLE MATERIAL PRICING METHODOLOGY g) 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 = 18 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

19 b. Tire Rims 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 19

20 to Short Tons for the purposes of determining the Scrap Metals Contract Price 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 20

21 Notes: 1. Vendors may propose on Options A, B, or C or any combination thereof on the proposal sheet. 2. Note: Any vendor is able to provide a proposal for one or all items listed on the Proposal Form. Additionally, for each Option listed the vendor is asked to describe the type of service they propose to provide. If the vendor has additional or alternative processes on how they can provide that service, each process shall be provided individually and shall be treated as a separate proposal. To avoid confusion it is recommended to provide each process on a separate Proposal Form. 8. SERVICE DELIVERY FAILURES a) Failures of a Contractor to deliver services within the time specified, or the inability of a Contractor to accept or transport certain materials, or deliver services within reasonable time as interpreted by the County, shall constitute authority for the County to procure the services in the open market. On all such procurements, 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. X. CONSTRAINTS ON THE SUCCESSFUL OFFEROR: PERMITS All required permits shall be obtained and paid for by the PROPOSER, except those, which have been obtained by the County and are hereby made a part of this Contract. PROPOSER S RESPONSIBILITY It shall be the PROPOSER 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 PROPOSER of his responsibility to perform such work. 21

22 ANNULMENT OF CONTRACT Should the PROPOSER 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 PROPOSER 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. CONTRACT TERM Cecil County, Maryland intends that the contractor awarded a contract, will perform the work commencing upon the date specified in the Notice to Proceed or notification letter and terminate upon expiration or completion of the project unless terminated by the County with the delivery of written notification of contract termination. All contracts extending beyond the County s fiscal year (June 30 th annually) shall be subject to budget appropriation. In the event the on-going contract does not acquire funding to continue, the awarded contractor shall be notified in writing at the earliest possible date and contract termination shall be coordinated. Funding for this project in fiscal year 2016 (July 1, 2015 through June 30, 2016) and when applicable, in any subsequent fiscal year, is specifically subject to the appropriation of funding by the Cecil County Council. If funding is not appropriated by the County Council, then the vendor will be compensated for materials delivered or service up to and including date of termination. This is a service type contract under which Cecil County, Maryland is obligated during the term of the contract (Final execution of contract documents through June 30, 2016) to purchase its normal requirements of scrap metals, tire rims & lead acid battery recycling as listed within these specifications with the option of extending the contract for two (2) years in one (1) year increments by mutual agreement without changes to existing conditions or specifications. Any changes may result in the contract being re-proposal. Cecil County, Maryland reserves the right to accept or reject any option for contract renewal. APPROXIMATE QUANTITIES The PROPOSER s attention is called to the fact that the quantities given are estimated quantities and are intended as a guide to the PROPOSER but in no way bind or limit the County to the actual amount of work 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 PROPOSER, in making up and/or submitting his proposal or proposal relies upon the accuracy of said estimated quantities, does so at his own risk. 22

23 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. XI. PROPOSER 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 PROPOSER, for themselves, their assignees and successors in interest, agrees to comply with all federal, state, and local nondiscrimination regulations. RESPONSIBILITY FOR COMPLETE PROJECT It is the responsibility of the PROPOSER 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 shall be included by the Proposer without extra payment. XII. 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 equipment purchase. XIII. AGREEMENT OF TERMS AND CONDITIONS: PROPOSAL Made this day of, Business Address 23

24 The PROPOSER declares that the only person, firm, or corporation, or persons, firms, or corporations, that has or have any interest in this proposal or in the Contract or Contracts proposed to be taken is or are the undersigned; that this proposal is made without any connection or collusion with any person, firm or corporation making a proposal for the same work; that the attached specifications have been carefully examined and are understood; that as careful an examination has been made as is necessary to become informed as to the character and extent of the work required; and, that it is proposed and agreed, if the proposal is accepted to contract with Cecil County, Maryland, in the form of Contract heretofore attached, to do the required work in the manner set forth in the specifications. The proposal price on the attached and signed Proposal Forms is to include and cover the furnishing of all equipment, materials and labor requisite and proper and the providing of all necessary machinery, tools, apparatus and means for equipment delivery. If this proposal shall be accepted by said County and the undersigned shall refuse or neglect within ten days after receiving the Contract for execution to execute the same, and to give stipulated bond, then said County may at their option determine that the PROPOSER has abandoned the Contract; and, thereupon, the proposal and the acceptance thereof shall be null and void; and, the deposit accompanying the proposal shall be forfeited to and become the property of the County. In the case of firms, the firm s name must be signed and subscribed to by at least one member. In the case of corporations, the corporate name must be signed by some authorized officer or agent thereof, who shall also subscribe his name and office. If practical, the seal of the corporation shall be affixed. I/We identify by number, date and number of pages the following addenda: No. Date No. of Pages The names and addresses of all members of a firm or the names, addresses and titles of every officer of a corporation, as the case may be, must be given here by the member of the firm or by the officer or agent of the corporation who signs the proposal. METHOD OF PAYMENT All invoices shall be reviewed and approved by a PROPOSER s representative and the County s representative before submission. All invoices must be submitted to the Cecil County Finance Depart.: CC: Department of Public Works, Solid Waste Division, 200 Chesapeake Blvd, Elkton, MD All invoices will be Net Thirty (30) days 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. 24

25 CLAIMS Should the PROPOSER believe that it is entitled to any additional compensation; the PROPOSER 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 aproposale be the decision. -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. 25

26 -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 prepaid by the seller, f.o.b. destination (Cecil County, Maryland/designated locations, Elkton, MD 21921). No additional charges shall be allowed for packing, packages or partial delivery costs. By submitting their quote, all Proposers 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 shall be used, except as otherwise specified herein. 26

27 STATE OF MARYLAND SALES AND USE TAX ADMISSIONS AND AMUSEMENT TAX LAWS AND REGULATIONS ISSUED BY COMPTROLLER OF THE TREASURY SALES AND USE TAX DIVISION Taxation by Other Law (c) Sales tax paid in other jurisdiction (1) To the extent that a buyer pays another state a tax on a sale or gross receipts from a sale of tangible personal property or a taxable service that the buyer acquires before the property of service enters this state, the sales and use tax does not apply to use of the property or service in this state. (2) If the tax paid to another state is less than the sales and use tax, the buyer shall pay the difference between the sales and use tax and the amount paid to the other state in accordance with the formula under (b) Nonresident Property The sales and use tax does not apply to use of tangible personal property or a taxable service that: (1) A non-resident. (i) Acquires before the property or service enter the state; and (ii) Uses: 1. For personal enjoyment or use or for a use that the Comptroller specifies by regulation, other than for a business purpose; or 2. Does not remain in the state for more than 30 days Depreciation Allowance (a) In general - a buyer is allowed a depreciation allowance as an adjustment to taxable price if: 27 (b) (1) Tangible personal property or a taxable service is acquired before the tangible personal property is brought into the state for use in the state or before the taxable service is used in the state; and (2) The use first occurs in another state or federal jurisdiction. Amount allowance - The allowance under subsection (a) of this section for each full year that follows the date of purchase is ten percent (10%) of the taxable price paid to acquire the tangible personal property or taxable service.

28 XIV. 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. ) INSURANCE REQUIREMENTS FOR VENDORS AND SUBCONTRACTORS: 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 generally applicable and required for each contract involving professional or technical services as defined in Chapter 93 of the Code of Cecil County. This includes, but is not limited to services provided by accountants, architects, actuaries, engineers, lawyers and physicians. 28

29 All contractors performing services for Cecil County, Maryland are required to provide notification of Certificate of Insurance cancellation days prior to cancellation. XV. BONDING REQUIREMENTS: CERTIFIED CHECK OR PROPOSAL BOND (a) No proposal will be considered unless accompanied by a official check or an acceptable proposal bond of the Proposer or other surety satisfactory to the County such as a Letter of Credit from a Bank acceptable to the County, payable to the order of Cecil County, Maryland, for One Thousand Dollars, which will be forfeited to the County in case an award is made and the Contract and Bond are not promptly and properly executed as required within ten (10) days after the award of the Contract. (b) The official check and/or proposal bonds or other surety satisfactory to the County such as a Letter of Credit from a Bank acceptable to the County, of all except the two (2) selected PROPOSERs shall be returned after the Contract is awarded; and, the checks of the selected PROPOSERs shall be returned after the proper execution of the Contract Documents with the selected PROPOSER. (c) If the selected PROPOSER shall fail to execute the Contract Documents as specified, he shall forfeit the proposal bond or certified check or other surety satisfactory to the County such as a Letter of Credit from a Bank acceptable to the County as liquidated damages and the Contract may be awarded to the second selected PROPOSER as specified in the paragraph entitled METHOD OF AWARD. XVI. 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 PROPOSER 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 PROPOSER shall submit minimally one (1) original and one (1) electronic copy (disc, PDF format only) of the proposal. Failure to submit a proposal in this manner may be considered cause for rejection of the proposal as determined by Cecil County, Maryland. XVII. 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. 29