request for proposal - web viewauthor: created date: 07/19/2016 06:46:00 title: request for...

TOWN OF EASTONREQUEST FOR PROPOSAL (RFP)

FOR PROVIDING ROAD AGENT AND MAINTENANCE

SERVICES

TOWN OF EASTONSELECT BOARD

1060 EASTON VALLEY ROADEASTON, NH 03580

JULY 19, 2016

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TOWN OF EASTON1060 EASTON VALLEY RD ROAD AGENT / ROAD MAINTENANCEEASTON, NH 03580 Request for Proposal

Table of Contents

1. SUMMARY AND BACKGROUND……………………………………………2

2. PROPOSAL GUIDELINES…………………………………………………..3

3. PROJECT PURPOSE, SCOPE AND DESCRIPTION…………………….…..4

4. REQUEST FOR PROPOSAL AND PROJECT TIMELINE………….…….….10

5. BIDDER QUALIFICATIONS…………………………………..……………11

6. GENERAL TERMS AND CONDITIONS…………………………………….13

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1. SUMMARY AND BACKGROUND

The Town of Easton, NH (Town) is currently accepting bids from qualified companies (Provider) for a 5 year contract to provide Road Agent and road maintenance services for the Town. Detailed description of the responsibilities and duties of the successful bidder are presented within this Request for Proposal (RFP).

The purpose of this RFP is to solicit proposals from qualified organizations in order to conduct a fair and extensive evaluation based on the criteria listed herein, and to select a Provider who best represents the needs of the Town of Easton; including but not limited to supplying high quality services and consistent guaranteed cost structure over a five year period and to be able to formulate and operate within their submitted annual budget.

General statistics over a 4 year period have been collected and provide to you as assistance in your bid. (See Appendix “A”)

All questions regarding the RFP should be directed to the Easton Select Board.

Bidder must submit 4 copies.

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2. PROPOSAL GUIDELINES

This RFP represents the requirements for an open and competitive process. Proposals will be accepted until 5pm EST August 31, 2016. Any proposals received after this date and time will be returned to the sender. All proposals must be signed by an official agent or representative of the organization submitting the proposal.

If the organization submitting a proposal must outsource or contract any work to meet the requirements contained herein, this must be clearly stated in the proposal. Additionally, all costs included in the RFP must be all-inclusive to include any outsourced or contracted work. Any proposals which call for outsourcing or contracting work must include a name and description of the organizations being contracted.

All costs must be itemized to include an explanation of all fees and costs.

All contractual terms and conditions will be subject to review by the Town of Easton legal department. Attached in Appendix “B” is a sample contract that the winning bidder will have to enter into.

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3. PROJECT PURPOSE SCOPE AND DESCRIPTION

The purpose of this project is as follows:

To provide the Town with a cost effective program: To manage and maintain all Town owned roads, culverts

and associated drainage ditches. To provide selective services to certain “shared” State

roads. To provide support for local and State Fire/EMS.

The successful bidder will work under the direction of the Easton Select Board.

Project Description:

Services must be provided 24 hours a day; 7 days a week as required. Provider must be able to respond on request for emergency services as required by Town of Easton or State. Sub contractors are acceptable but they must be identified in this RFP and must meet all criteria herein established.

Documentation of compliance in meeting said criteria must be provided within your response to this RFP.

The Town Roads included in the RFP are:

Beaver Meadow Lane Cemetery Road Gibson Road (only to 50 Gibson Rd; rest is private) Gingerbread Road Mountain View Drive

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Paine Road* (South: from Cemetery to 484 Paine Rd.) (North from Rte 116 to 777 Paine Rd.)

Ruskin Road Valley View Road Vista Lane

*The middle section of Paine Road between 484 and 777 is designated a “Summer Cottage” road and requires only summer maintenance; no winter plowing.

The State shared Roads included in this RFP are: (Plowing/Sanding only)

Sugar Hill Road Loop Road Paine Road (South entrance from Rte 116 to

Cemetery).The Town has 2 Scenic Town Roads. They are:

Paine Road Sugar Hill Road

Please familiarize yourself with RSA 231:158(II) which governs maintenance and disturbance outside the travel section of the road with regard to trees and stone walls without permission from the Select Board.

Class VI Roads.Easton has only 1 Class VI Road: Reel Brook Road. It has been declared an Emergency Lane. The significance of this classification is it provided the Town the ability to make general repairs to the Class VI road in order to maintain the ability of emergency vehicles passage. Any maintenance to this Emergency Lane must have prior permission from the Easton Select Board and must be billed separately from the regular road maintenance invoice.

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Road Maintenance to be provided on Town Roads include:

Plowing of Town roads and State shared roads as identified in the RFP .

Plowing of Town owned parking lots.

Snow removal from entrances of Town Hall and Fire Department.

Sanding need on identifies roads.

Sanding of Town owned parking lots.

Sanding of entrances to Town Hall and Fire Department.

Removal of excess sand in the Spring from parking lots and streets where necessary.

Construction of paved roads.

Pavement repairs and maintenance. Includes but not limited to:

o Replacement of old pavement

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o Patching of holes, and cracks.

Construction of gravel road.

Gravel road repairs and maintenance; including but not limited to:

o York raking surfaces when needed,o Repair road surface washout.o Maintain proper road crown to facilitate

proper water drainage of road.

Maintenance and installation of Road signs. Includes annual spring installation and

removal of road “Load Limit” signs. Time frame to match that of the State's “Load Limit” signs.

Class VI Road maintenance: The Class VI road in Easton have been

designated as an “Emergency Lane”. This status allows the Town to provide minimum maintenance in order to allow the passage of emergency vehicles.

Maintenance is to only be at the direction of the Select Board and includes culvert repair and replacement, grating and washout repair, debris removal, etc.

Billing for maintenance on Emergency Lanes must be sent on a separate invoice noticing that it is a

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repair to an Emergency Lane as well as the name of the road.

The Class VI Road is:o Reel Brook Road

Culvert repair and maintenance. Keep culverts free of debris and ice to allow

efficient flow. Replace culverts as necessary.

Produce schedule for long term maintenance issues such as culvert replacement, road repair, etc.

Road edge maintenance. Keep growth back from road edge and removal of debris such as fallen branches, etc.

Keep roads free of debris such as fallen trees and branches.

Inspections of roads during major storms to assure roads are free of debris for passage.

Assist Easton Fire Department and State Police/Sheriff’s Department for request of sanding, snow or debris removal.

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State roads, except as identified herein, are not the responsibility of the Town except on an

emergency basis as determined by the Select Board, E.M.D., Easton Fire Department and State Police / Sheriff’s Dept. State Roads include:

o Sugar Hill Road*o Easton Valley Road (Rte 116)o Loop Road*o Paine Road* (South entrance Rte 116

to cemetery road.)o Tunnel Brook Road

* State Shared Roads

Private roads in Easton are not the responsibility of the Town and are not included in the RFP:

Easton's Private roads include: North Peak Drive Sugar Bush Lane Cooley Road Kempton Drive Kinsman Ridge Road Hummingbird Lane Slide Brook Road Williams Pit Road Gibson Road after 50 Gibson Road.

Wining bidder must represent the highway department at Town Budget Hearings and Town Annual meeting to support budget, and during Hazard Mitigation Plan updates and Emergency Operating Procedure plan updates.

Insurance:

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The bidder must carry and maintain the following minimum insurance coverage:

Worker's Compensation$1,000,000.00 per Incident

Commercial General Liability$1,000,000.00 per Occurrence$2,000,000.00 Aggregate

Commercial Auto Insurance covering all Equipment:

$1,000,000.00 Property Damage/Liability/Medical

Bidder must include a certificate of insurance showing proof of coverage within their bid package. Upon being awarded the contract, the bidder must add the Town on to their policies as an additional insured and provide a document holding the Town harmless from any actions by your company.

Subcontractors are allowed but have to meet all requirements within this RFP and abide by all bidder's rates.

Term of Contract: 5 years

Other information and documentation required to be submitted with your RFP:

Labor Rates Equipment rates List of equipment to be used to execute this

contract. List of all subcontractors; if applicable.

Provide Certificate of Insurance showing proof of insurance as detailed herein.

Provide list of equipment.

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4. REQUEST FOR PROPOSAL AND PROJECT TIMELINE

Request for Proposal Timeline:

Each bidder must submit 4 copies of their proposal to the address below by August 31, 2016 by 5pm EST:

Town of EastonSelect Board1060 Easton Valley RoadEaston, NH 03580

Evaluation of proposals will be conducted from August 1, 2016 until September 15, 2016. If additional information or discussions are needed with any bidders during this period, the bidder(s) will be notified.

The selection decision for the winning bidder will be made no later than September 16, 2016.

Notifications to bidders who were not selected will be completed by September 20, 2016.

Winning Bidder will start October, 1 2016.

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5. BIDDER QUALIFICATIONS

Bidders should provide the following items as part of their proposal for consideration:

Description of experience in road maintenance as described herein this RFP.

List of how many full time and part time staff in your organization that will be servicing the Town.

Examples of 3 projects your company has completed showing road construction.

Testimonials from past clients on road maintenance and construction.

Project management methodology

Anything else the Bidder feels is relevant for the Town to consider when evaluating your submitted RFP.

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6. GENERAL TERMS AND CONDITIONS

Acceptance or Rejection of Proposals

The Town reserves the right to reject any or all Proposals, to waive technical or legal deficiencies, and to accept any Proposal that is determined to be in the best interest of the Town.

Withdrawal of Proposals

A Provider will be permitted to withdraw their Proposal unopened after it has been deposited if such request is received in writing prior to the time specified for opening the Proposals.

Public Opening of Proposals

Bids will be publicly opened and read aloud at the time and placed as indicated in the bid documents. Any bidder, authorized agent, or other interested party may be present.

Proposal Ownership and Cost

Upon submission, Proposals become the property of the Town. The cost of preparing and submitting a Proposal is the sole responsibility of the submitter and shall not be chargeable in amy manner to the Town. The Town will not reimburse any submitter for any costs associated with the preparation and submission of a Proposal.

Examination of Proposed Materials

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The submission of a Proposal shall be deemed a representation and warranty by the submitter that it has investigated all aspects of the RFP bid, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No requests for modification in the provisions of this RFP shall be considered after its submission on the grounds that the submitter was not fully informed as to any fact or condition. Statistical information, which is contained within the RFP or any addendum thereto, is for informational purposes only. The Town disclaims any responsibility for this information that may subsequently be determined to be incomplete or inaccurate.

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APPENDIX “A”

The information provided above was extracted from invoices submitted to the Town and separated into categories as best we could and therefore it is not an exact measurement of all time or sand/salt need for providing this service.

Weather conditions will directly affect services needed.

This information is strictly provided as an aid to give you an idea of what time and material was utilized in the past and is not meant to be utilized to project accurate future requirements.

Year Sanding Plowing Other Grating Brush/Tree Culverts TotalsCubic Yds Hours Hours Hours Work Hours Hours

2011 356 439.5 35 17.5 62012 352 294 33.5 12 31 162013 335 347 70 1.5 14 82014 324 462 75 21.5 29.5 74

1367 1542.5 213.5 35 92 104 3354341.75 385.625 53.38 8.75 23 26 838.5

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APPENDIX “B”

“Sample”

Independent Contractor Agreement

This Independent Contractor Agreement (the “Agreement”) is made and entered on _____________________________________________, 2016, by and between

The Town of Easton (“Town”) and _________________________________(“Contractor”)

(Collectively referred to as the “Parties”).

The Parties agree as follows:

1. SERVICES: The Town of Easton Selectmen hereby appoints Contractor as the town highway agent pursuant to RSA 231:62.

Pursuant to RSA 23:62, Contractor will be responsible for the construction, maintenance and repair of all town highways and bridges and the maintenance and repair of all sidewalks within the town, except as provided in the laws pertaining to state aid for highways and bridges and town road and bridge aid. In addition, based on Town Meeting appropriations, and at the direction of the Board of Selectmen, Contractor may perform road projects over and beyond the routine maintenance described above.

Contractor will determine the method, details, and means of performing the proscribed Services, as approved by the Board of Selectmen.

2. TERM: Contractor shall provide services to the Town pursuant to this Agreement for a term beginning on 01 October 2016 and ending on 30 September 2021 (the “Agreement Term”). All subsequent changes in fee

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schedule to be negotiated prior to annual Budget Hearing of the new contract year.

3. COMPENSATION: For services provided, the Town will pay Contractor according to the schedule established between the parties, attached here as Appendix A. Payment shall be made within 21 days of receipt of itemized invoice.

4. EXPENSES: Contractor shall bear all expenses incurred in the performance of this Agreement except for the following procedures and products: exclusive of materials

5. INDEPENDENT CONTRACTOR: Contractor is an independent contractor and not an employee of the Town, and, unless otherwise stated in this Agreement, is not entitled to any of the benefits normally provided to the employees of the Town. The Contractor will provide the Town of Easton with current Certificate of Insurance in the amount as dictated in the RFP, on an annual basis, and Certificates of Insurance with same insurance levels as dictated in the RFP, for any sub-contractors in his employ in Easton.

6. CONFIDENTIALITY: Contractor acknowledges that he/she may have access to the Town’s confidential and proprietary information. Such confidential information may include, without limitation: i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and v) other such information as the Town may designate as confidential (“Confidential Information”). Contractor agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the Agreement Term, unless the Town grants express, written consent of such a disclosure. In addition, Contractor will use his/her best efforts to prevent any such disclosure. Confidential information will not include information that is in the public domain, unless such information falls into public domain through Contractor’s unauthorized actions.

7. OTHER RULES AND POLICIES: Contractor agrees to abide by any other rules, policies and procedures as communicated by the Town.

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8. TERMINATION: This Agreement may be terminated early for the following reasons:

•By the Town

(i) If Contractor fails to perform his/her duties or materially breaches any obligation in the Agreement, and the failure or breach is not corrected within five days of receiving written notice from the Town; or

(ii) If Contractor shall intentionally or deliberately refuse or neglect to comply with lawful instructions of the selectmen or shall intentionally or deliberately refuse or neglect to carry out the duties prescribed by law for highway agents after written request by the selectmen; or

(iii) If Contractor is unable to provide the services in this Agreement due to illness, death, disability or any other reason to not perform.

•By the Contractor

(i) If the Town materially breaches any obligation in the Agreement and such breach is not corrected within five days of receiving written notice from the Contractor; or

(ii) If the Town files for bankruptcy or town fund become unavailable.

9. RETURN OF PROPERTY: Upon termination of services, Contractor will promptly return to the Town all drawings, documents and other tangible manifestations of Confidential Information (and all copies and reproductions thereof). In addition, Contractor will return any other property belonging to the Town including without limitation: computers, office supplies, money and documents, road maintenance equipment, tools and any other town property in possession of the contractor including town paid improvements to the contractor’s equipment. Where the return of such improvements is not possible or practical the cost of the improvement shall be reimbursed to the town by the contractor upon termination of this agreement. The Contractor

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shall bear all cost of removal and return to the town such improvements. The town shall not be liable for any repairs or modifications of the Contractor’s equipment to return it to its original state prior to modification or improvement.

10. CONTINUING OBLIGATIONS: Notwithstanding the termination of this Agreement for any reason, the provisions of paragraph 6 of this Agreement will continue in full force and effect following such termination.

11. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

12. WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

13. SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

14. INDEMNIFICATION: Contractor shall defend and indemnify the town for any claims of any nature arising out of Contractor’s performance of his duties under this Agreement, whether negligent or otherwise.

15. NO ASSIGNMENT: Contractor may not assign its rights and/or obligations under this Agreement.

16. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether

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oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both the Town and Contractor.

17. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

The Town:Board of SelectmenTown of Easton1060 Easton Valley RoadEaston, NH. 03580 Contractor:

_____________________________________

_____________________________________

_____________________________________

______________________________________

Either party may change such addresses from time to time by providing notice as set forth above.

18. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.

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19. INSURANCE: The Contractor is required to list the Town of Easton as additional insured on their liability insurance policy.

20. REGISTRATION AND INSPECTIONS: The Contractor is required to have all on/over the road vehicles and equipment registered and inspected per State Law and proof of such presented to the Selectmen. The contractor shall maintain equipment is a safe and operational manor at all times.

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Authorization Certificate

The undersigned represents that they are authorized to bind the Provider to the Proposal specified and to compliance with all conditions of the RFP. Furthermore, the undersigned certifies that this Proposal is in all respects bona fide, fair, and made without collusion or fraud with any other person. As used in this section the word “person” means any natural person, joint venture, partnership, corporation or other business or legal entity.

________________________________________Signature / Title

________________________________________Company

_____________________________________________________________Address City State Zip

_______________ _________________________Date Phone Number

Any deviations from the above stated specifications must be noted, and any prices must reflect of these deviations.

request for proposal - web viewauthor: created date: 07/19/2016 06:46:00 title: request for...

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