CHELSEA WINTER ROAD MAINTENANCE RFP

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1 I. SERVICES: WHAT AND WHEN CHELSEA WINTER ROAD MAINTENANCE RFP A. You agree to remove ice and snow from town ways and prevent ice and snow from accumulating within the intersections of town ways (roads) listed in Attachment A. Your duties will run for 3 years from October 15, 2018 through April 15, This contract may be extended for one more year upon agreement by both parties. This agreement may be terminated upon a 30-day written notification by either party between May 1 and August 31 of each contract year and be automatically renewed on September 1 of each contract year through May 2021 should no notice of termination be executed by either party. II. MAINTENANCE REQUIREMENTS (sanding, salting, plowing) A. You will commence plowing and sanding operations when slippery conditions exist or when a storm begins. The Town requires the contractor to initiate plowing at any time the depth of snow exceeds one inch (1 ) either from snowfall or drifting; the contractor shall also initiate anti-icing measures to ensure safe road conditions in accordance with the Manual of Practice for Anti Icing of Local Roads (Maine Department of Transportation Local Roads Center: December, 1997). The road surfaces must be pre-treated (temperature dependent) with sand/salt prior to every freezing condition to help prevent hard-packing of snow and ice on the road. Also, you will commence either or both operations upon orders from the Road Commissioner or his/her designee. Operations will continue until roadways are cleared of snow to the outside shoulders. During severe storms or drifting, plows will be operated to maintain two-way traffic. Immediately after extreme conditions have subsided, snow will be removed to the outside shoulders of the roadways. You are required to have a cell phone or other telecommunication equipment to allow immediate contact between you and the Chelsea Road Commissioner or his designee. B. You are responsible for all liabilities arising from the performance of this contract, including but not limited to, any property, personal injury, or other damages that occur during plowing, sanding and salting operations. Contractor shall report any known damages to the town as soon as possible and shall take appropriate remedial efforts to address the same. Any damages arising from performance of this contract and reported by third partied to the town will be reported to the contractor for remedial action. C. Should you fail to replace, or repair property reported to you as having been damaged because of improper plow operations by your vehicles, you will reimburse the Town for said replacement and/or repair cost, provided that the Road Commissioner determined that such

2 damage could have been avoided by you. Each party may appeal to the Selectboard with their decision being final and binding on both. D. You agree to pay attention to the sanding of hills, curves, and intersections as may be necessary. On the following streets the use of less sand and more salt: Keith Street, Sylvester Ave., Norway Road, Hallett Road, Sylvan Way and Beech Street may be needed. E. You will perform required duties for the Town before proceeding to private contracts. Any town owned material or equipment will not be used by you for private use. If it is determined that Town sand and salt is used for private use by you, this action will be considered a breach of contract. F. The Town's Road Commissioner and/or a member(s) of the Selectboard and you will meet before the start of the winter season to set the priorities in the maintenance of primary and secondary roads, said priority to be followed by you. A review of this will be done periodically once during each year of the contact. G. You agree to maintain and make available as your responsibility under this contract a minimum of two (2) trucks of at least 28,000 G.V.W., each equipped with a snowplow, wing, and a sander equipped with either a calibratable hopper sanders or ground speed sensor, one (1) additional truck of at least 28,000 G.V.W. equipped with a snowplow, wing, and a sander equipped with either a calibratable hopper sander or ground speed sensor, and one (1) one-ton truck, equipped with a snowplow, wing, and a sander equipped with either a calibratable hopper sanders or ground speed sensor. Subdivisions and cul-de-sacs may be plowed by using a 1-ton truck. Your discretion may be used in deciding which equipment to use to plow subdivisions and cul-de-sacs; heavier equipment may be used if necessary. The sand/salt shed building parking lot on the Collins Road must be plowed by the you to provide access to the building using whatever equipment deemed necessary by you. Prior to final payment due in this contract, the sand/salt shed building parking lot must be cleared of all debris (excess sand or gravel). All remaining sand or salt must be moved and stockpiled in separate piles in the center of the sand/salt shed building. The Town's Road Commissioner, or their designee, shall inspect the sand/salt shed building and parking lot before authorizing final payment of the contract. H. We agree to provide you with an adequate amount of salt and sand at Chelsea s Salt Shed on the Collins Road. I. You agree to use shoes on snow plow when plowing dirt roads prior to the roads being frozen or at least until November 15 and any time after April 1 each year. J. You agree to allow the Town's Road Commissioner, or their designee, to inspect your equipment at any time and place during the terms of this contract to assure compliance with the contract provisions.

3 K. You agree to keep all intersections clear and plowed back to allow adequate visibility upon entering and exiting. At no time will a snow bank at any intersection exceed three (3) feet in height. All snow banks that exceed this height will be removed or pushed back in a timely manner unless such pushing back infringes on private property. L. You agree to keep all turnarounds clear and plowed back to allow adequate turning around of your equipment and school buses. M. You also agree to clear any so called "slush" from the roadway before it freezes or upon orders of the Road Commissioner, or their designee. If any given road surface packs with ice you may be required to scarify using a grader and operator to remove such ice, and re-sand the roadway. You will be responsible to pay all cost for the grader and operator services. During severe storms or drifting, plows shall be operated to maintain two-way traffic. N. If the Town of Chelsea is declared to be in a natural disaster, by the governor of the State of Maine or the president of the United States during the duration of this agreement, and the Town of Chelsea qualifies for and receives federal or state reimbursement you are required to complete additional work or supply additional materials. This additional work or materials will be considered extra work or materials under this agreement and will be reimbursed to you at a pre-negotiated rate. Under no circumstance will the reimbursement paid to you exceed the reimbursement paid to the Town of Chelsea. Payments to the Contractor for any additional work or materials required under a declaration of a natural disaster will be made only after it is received by the Town of Chelsea from the State of Maine or the United States Government. O. Further, upon request of the Town and with payment made by the Town, you shall attend requested trainings offered through Maine Department of Transportation, if you are given 10 day s notice of the date and time of training, if it snows on the date of training you are excused from attendance. III. BREAKDOWNS A. If any and/or all your equipment becomes inoperable or unavailable, you shall hire additional replacement equipment, and any necessary operators, at your expense. If you fail to do so, we may at our option, hire equipment and operators, as we deem necessary; the cost of which shall be withheld from payment to you. All breakdowns shall be reported to Road Commissioner within 24 hours or by the next business day. Breakdowns shall also be recorded in the log of the equipment broken down and the date and time it returned to service.

4 IV. SALT SHED SECURITY A. We agree to provide you with (4) four electric garage door openers at the beginning of each season. If you should lose or damage any or all, you will reimburse the Town the total cost of replacement of the items damaged or lost. Electric garage door openers, paddle locks and door keys must be returned to the Town at the end of each respective season. The Salt Shed door must be locked always when you or your employees are not there. This includes all times during the storm. You must report any damage to the sand/salt shed building, doors or surrounding facility caused by you to the Town within 24 hours of occurrence of said damage. B. You agree to secure the outside gate to the Sand and Salt Shed Yard after each plowing session. This outside gate may be left open during plowing and sanding operations, but must be closed and locked at all other times. C. We will provide you with a lock and two (2) keys for the outside gate. It will be your responsibility to monitor the use and control of these keys. D. You will not allow any unauthorized persons in the Sand and Salt Shed or allow any unauthorized material to be stored in the Sand and Salt Shed. Any such authorization must come from the Road Commissioner or his designee. V. INDEPENDENT CONTRACTOR STATUS You and your agents and employees, during the performance of this contract, shall act in an independent capacity and not as officers, employees or agents of the Town. All such manpower required to fulfill the obligations of this contract shall be employed by you, and you shall be solely responsible for complying with applicable State and Federal laws including but not limited to Worker's Compensation Law, Employment Security Law, and Minimum Wage Law. As an independent contractor, you are also responsible for maintaining your equipment in a safe, operable, and legal manner. This includes current motor vehicle inspection and registration for each truck used in plowing and sanding the Town s roadways. VI. INSURANCE REQUIREMENTS You agree to maintain liability insurance in the amount of $1,000,000 for personal injury, death, and property damage claims which may arise from snow removal or sanding operations under this contract. The Town of Chelsea shall be so named as a covered entity within these policies as well. In addition, you will be required to provide evidence of insurance to satisfy the requirements of the Workman's Compensation Act. You agree to file with the Town Manager/Road Commissioner a certificate of insurance of the above as well a certificate of insurance which provides at least $1,000,000 coverage in case of damages done by you to the Town s Sand and Salt Shed. All certificates must be filed with the Town within 14 days following award of this contract.

5 VII. BILLS AND CLAIMS You are responsible for all incidental performance and obligations under this contract, all labor, material, equipment, fuel and other items, which are deemed necessary in fulfilling the terms of this contract. The Town will not pay such bills. There will be no adjustments in the contract price for fuel. VIII. ASSIGNMENT You agree that you will not assign this agreement, or any part thereof, without the express written consent of the Town of Chelsea. IX. BREACH OF CONTRACT If you fail to perform according to the terms this contract within the time and manner specified, said failure shall constitute a breach of contract. In the event of a breach of contract, the Town of Chelsea (through its Road Commissioner or Selectboard) shall immediately give oral or written notice to you. You will then be required to correct this breach of contract within a reasonable time. "Reasonable time" may vary depending on the nature of the breach and road and weather conditions. If you fail (for whatever reason) to perform your duties in the time allowed, the Town shall have the following options: A. Terminate this contract: We may terminate the contract by sending you a written notice, stating the reason for termination. You will be paid for all work, which is satisfactorily done at that time, however the remainder of the money due you under this contract will/may be used to obtain another contractor to maintain the roads. Likewise, money from your bond will/may be used to cover this cost. B. Substitution: We shall/may hire a substitute contractor to plow and sand the roads for any period we consider necessary. This substitution will be paid with money from your bond. If there are problems obtaining the bond money, substitution will be paid from the remainder of any money due to you (but unearned) under this contract. We will/may hire a temporary substitute under conditions we feel are in our best interest, but a permanent substitute shall be under the same terms and conditions of this contract. C. The Town may also seek any/all other legal remedies available to enforce this contract.

6 X. PERFORMANCE BOND REQUIREMENT You must furnish to the Town a Performance Bond in an amount equal to 100% of the contract price. You must provide the Bond to the Town on the day of the contract signing on or before October 1, of each contract year, unless the Board of Selectmen otherwise agrees upon another deadline. The purpose of the irrevocable line of credit or performance bond is to make money available to the Town if you do not complete part or all your duties under this contract. That money will be used to get the work completed. XI. INDEMNIFICATION You shall indemnify and hold harmless the Town and its agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of, or resulting from performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease, death or destruction of tangible property including the loss of use resulting thereof, and (b) is caused in whole or in part by any negligent act or omission of you or any of your officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by you for whose acts you are liable regardless of whether or not it is caused in part by a party indemnified hereunder and the you shall, at your expense, defend and protect said indemnified parties against all such claims and demands. This indemnification shall be as set forth by the Maine Torts Claim Act. XII. SUPERVISION AND CONTROL As independent contractor, it is your obligation to supervise and control your own employees, agents, and equipment. The Town's Road Commissioner has the right to inspect road maintenance operations, and notify you of any problems, errors, or non-performance. The Road Commissioner may order that work be done in a satisfactory manner, in a reasonable time frame required to do the job, to be determined by him/her. She/he may also determine the priority of roads to be plowed and sanded. XII. PAYMENT SCHEDULE Payments shall be made in seven equal amounts beginning October 15 of each month for each contract year. THIS SCHEDULE OF PAYMENTS MAY BE MODIFIED IN THE EVENT OF BREACH OF CONTRACT.

7 CHELSEA WINTER MAINTENANCE ROAD LIST 2017 APPROXIMATELEY CENTERLINE MILES Beech Street Birmingham Road Collins Road Cooper Road Dondero Road Ferry Road Goodwill Drive Hallowell Road Hemlock Ridge Road Intervale Road Maple Street (Aaron) Mud Mill Road Nelson Road Old Thomaston Road Partridge Place Searles Mill Road South Dondero Road Sulya Road Sylvester Avenue Town House Road Williams Road Birch Street Cheney Road Cony Road Davenport Road Dr. Mann Road Gilbert Drive Hallett Street Hankerson Road Hillcrest Drive Keith Street McLaughlin Circle Nash Street Norway Drive Oak Ridge Drive Patterson Road Skyline Drive Spruce Lane Sylvan Way Tasker Road Wellman Road Windsor Road Distances may be added and subtracted during the term of this contract. Price will be adjusted accordingly