REQUEST FOR PROPOSALS/ SPECIFICATIONS

I.  INTRODUCTION:

The Somerset County Commissioners, in their capacity as agents for the Unorganized Territory, are requesting Proposals for the management and operation of the Rockwood Transfer Station.  All Proposals are to be submitted in sealed envelopes marked “Rockwood Transfer Station Proposal” to the Somerset County Commissioners’ Office, 41 Court Street, Skowhegan, Maine 04976, by 2:00 p.m. on July 16, 2025.  Any Proposal received after the scheduled opening time will not be considered.  The Proposal must be signed by the Bidder with its full name and address, and submitted on the Bid Sheet on page 8. 

These specifications are for the management and operation of the Somerset County Rockwood Area Solid Waste Transfer Station (hereinafter referred to as facility) MEDEP#S-21371-WH-A-P.  This facility services the Unorganized Townships of the Rockwood Area in Somerset County.  The successful Contractor shall oversee the management and operation of the facility, shall become familiar with all of the operating procedures, comply with DEP regulations and laws, and provide annual reports and updates as required to MEDEP, the Commissioners and any other entity required by law or regulation. Somerset County has a contract with Waste Management and pays the tipping fees.

Each interested bidder is required to state in its proposal: their name and place of business, the names and persons or parties interested as principals with it; that the proposal is made without connection with any other interested bidder making any proposal for the same services; and that no person acting for or employed by the County is directly or indirectly interested in the proposal or any agreement which may be entered into to which the proposal relates or in any portion of the profits herefrom.  Each interested bidder shall be required to submit their audited financial statements for last three years; 2022, 2023 and 2024.  

Interested bidder, if awarded the contract, shall be acting as an independent contractor and not as an employee, officer or agent of the County.  Any additional personnel needed by the contractor to fulfill its contractual duties shall be provided by the contractor at its expense.  The contractor is solely responsible for complying with all State and federal laws including but not limited to workers compensation law, minimum wage law and employment security law.

The successful bidder shall be required to sign an agreement substantially similar to the Rockwood Transfer Station Services Agreement, a copy of which is attached hereto as Exhibit 2.

Before commencing work under the Rockwood Transfer Station Services Agreement, the successful bidder shall produce evidence satisfactory to the County that it and its subcontractors, if any, have secured public liability, automobile and workers’ compensation insurance coverage as set forth in Exhibit 1.

Interested bidders shall become familiar with the facility and its operations.  Failure to do so will not relieve the successful bidder of its obligations necessary to carry out the provisions of the Rockwood Transfer Station Services Agreement and specifications.  The County disclaims any and all responsibility for injury to the interested bidders, their agents or others while examining the facility or at any other time.  Interested bidders are responsible for all of their costs in preparing and submitting their proposal.  Interested bidder shall supply six (6) copies of its bid proposal.

 

II. SCOPE OF SERVICES:

Operation Information:

The operation hours for the facility shall be Sunday, Monday and Thursday from 8:00 a.m. to 4:00 p.m.  The successful contractor shall have a Site Supervisor available at all times during the operating hours.  The Site Supervisor shall be responsible for opening, closing and the operation of the facility.  The Site Supervisor shall be responsible for scheduling the transportation of containers to and from the facility.
 

Access:
The contractor shall ensure that all vehicles entering the facility use the existing gravel access road entrance and that access to the facility is controlled by the steel gate located at the entrance.  The contractor shall make sure that when the facility is unattended that the gate is closed and secured and that the gate is opened at approximately 8:00 a.m. on the days of operation and closed and locked at approximately 4:00 p.m. at the close of operations.
 

The contractor shall refuse to accept any waste from those who are not residents or landowners of the Rockwood area as designated by the state tax map information list.  This listing shall be provided to the contractor by the commissioners to ensure that all eligible users are entitled to use the facility.  The contractor shall bring the names of any questionable users to the attention of the commissioners for further inquiry.
 

Communication:
A telephone shall be available for the communications necessary to carry out the facility’s operations, for contacting police, fire department, emergency medical services and MEDEP should an emergency occur.  This expense is the responsibility of the contractor.

 

Acceptable Wastes:
The contractor shall ensure that Municipal Solid Waste (MSW) generated from domestic and normal industrial/commercial, sources are acceptable for disposal at WMDSM located in Norridgewock, Maine or PERC located in Orrington, Maine, or other comparable facility.  The Commissioners reserve the right to contract or look into other means of disposal and discuss alternate disposals sites as the need arises.
 

Construction debris
The Rockwood Transfer Station shall not accept demolition debris from any construction site.  One pick-up truck load of demolition debris may be accepted from a home owner at the sole discretion of the manager of the Rockwood Transfer Station.

 

White goods & metals
The contractor shall ensure that white goods & metals accepted at the facility include, but are not limited to: large appliances and unwanted metal fixtures, such as refrigerators, freezers, washing machines, dishwashers, wire, cable, fencing generated from domestic and commercial sources, air conditioners and clothes dryers.  Appliances containing Freon shall be collected separately from other white goods and metals.  The contractor shall be responsible for collecting the appropriate fee for each item as established by the commissioners.

 

Tires
The contractor shall ensure that steel belted and radial tires which are used on automobiles or other vehicles that are no longer wanted, or are damaged are not to be combined with other solid or liquid wastes.  The contractor shall be responsible for collecting the appropriate fee for such item(s) as established by the commissioners.
 

Clean wood & brush
The contractor shall ensure that only acceptable clean wood & brush are accepted at the facility.  This includes vegetation, bark, brush, sawdust, wood shavings, slash, lumber, woodchips and edgings.  The contractor shall make sure that these items are not combined with other solid or liquid wastes.
 

Recyclables
Cardboard and large metal pieces are to be kept in separate containers. All other recyclables can go in one container for single stream recycling. Signs to specify types of materials for recycling are required.
 

Hot loads
The contractor shall ensure that Hot loads, which are solid wastes that are either smoldering, on fire, or have the potential to ignite into flames, when delivered to the facility are extinguished immediately.
 

Special wastes and hazardous wastes
The contractor shall ensure that special wastes and hazardous wastes are not accepted for consolidation at the facility.  The contractor shall be responsible in making sure that the Site Supervisor is trained as required by state law and/or regulation in how to both identify and handle special and hazardous wastes.  The Site Supervisor shall be responsible for inspecting all waste brought into the facility and ensure that special waste or hazardous waste is not deposited. 
 

Hazardous and special waste exclusion plan
The contractor shall ensure that, if any,  special waste, hazardous waste or other material that is prohibited by Federal, State and local regulation is identified at the facility; that it is placed in temporary storage specific for special and hazardous waste; that it is placed in temporary storage and is segregated from all other containers; that temporary storage is labeled and locked to prevent disturbance, in accordance with a  Hazardous & Special Waste Handling and Exclusion Plan approved by MEDEP.  The Site Supervisor shall make immediate arrangements with a licensed waste contractor to handle, transport and dispose of the material.  It shall be the contractor’s responsibility to make sure that all applicable laws and regulations are complied with.

Any clean up and all costs associated with Hazardous and/or special waste or other material prohibited under the provisions of this agreement and prohibited by state and/or local regulation(s) shall be borne by the person responsible for such prohibited disposal.
 

Site Operation
The facility consists of five acres of land with 100' of grass surrounding the facility.  The facility is buffered by woods to the North, West and South.  The contractor is to ensure that all traffic flows on the gravel access road and in one direction at the facility; that areas with containers for waste collection are provided for MSW, white goods and metals, construction debris, recycling, Freon containing appliances and temporary storage of hazardous/special waste.  The contractor shall ensure that the facility provides an area for hot loads in a designated area, clean wood and brush to be stockpiled in a designated area and that tires are stored on the ground in a designated area. 

The contractor shall ensure that proper visual aids are used to direct traffic and disposal; that wastes are sorted and segregated into recyclable and non-recyclable containers and that materials are placed into designated containers.  Persons disposing of wastes shall be responsible for unloading their own materials into the designated containers.  The contractor, if necessary, is to ensure that further separation of materials from the waste streams for recycling is done and this task shall be done manually by the contractor or as wastes are being segregated.  Recyclable materials shall be placed into the appropriate containers and transported from the facility to a disposal site approved to accept such materials.  The Commissioners reserve the right to sub-contract the removal of the recyclables, if such action is to be in the best interest of the county.  The cost of such recycling services is to be listed separately in the bid proposal.
 

Leachate
The contractor shall ensure that no leachate is accepted at the facility and that all waste is containerized, other than clean wood and brush, and shipped off the site within two weeks.  The contractor shall be responsible in making sure that all waste is properly disposed of.
 

Operations Records
The contractor shall keep records, as required by law and/or regulation, of all waste movement at the facility and shall keep such records on file and upon request make these records available to the commissioners or any other agency as required by law or regulation.  The records shall at a minimum identify the disposition of each container such as: landfill, processing facility, recycling facility, incinerator, etc.  The contractor shall make sure that all other records required by law or regulation are maintained and sent to the appropriate agencies. 
 

General Site Maintenance
The contractor shall inspect the facility once daily to make sure that operations are in accordance with the Operations Manual.  The Operations Manual shall be updated as necessary and any changes must be approved by the Commissioners. Snow removal is done by the County.

Control of litter
The contractor shall ensure daily litter control and general cleanliness of the surrounding gravel and grassed areas are maintained and that the facility is kept clean and in good condition at all times.
 

Dust and odor control
The contractor agrees that if dust control is required, notification shall be made to the commissioners and the commissioners shall dispatch the appropriate persons with the necessary equipment to control the dust. The County shall be responsible for the cost of dust control.

The contractor shall ensure that all containers are in good condition and that wastes are removed or containers replaced as needed to avoid any odor problems.  This shall be at the expense of the contractor. If odor problems occur at the facility the contractor shall make the necessary arrangements for disposal as soon as possible.
 

Fire Protection
The Rockwood Volunteer Fire/Rescue Corporation shall be available for emergency needs.  The contractor shall ensure that portable fire extinguishers are located in the Attendant’s building for minor fires should they occur and that fire inspection standards and training are complied with. There is a water tank and pump situated near the burn pile to prevent the burning material from spreading.
 

Erosion Control
The contractor is to ensure that this area is kept level with an elevation area reaching a height of 8' for dumping materials into containers; that all gravel areas are surrounded with vegetation; that Berms segregate the clean wood and brush and hot loads and that all waste is placed into the appropriate containers with the exception of tires, clean wood and brush.  These areas shall have a minimum of 2' of till soil between the material and the seasonal high-water table.  The contractor shall ensure that all areas comply with law and/or regulation.
 

Vector Control
The Contractor shall notify the Commissioners of any vector problems at the facility and order the necessary control measures.
 

Restrooms
The contractor shall ensure that a portable toilet is made available at the facility for personnel obtained by the contractor.
 

Safety
The contractor shall be responsible for the day to day and overall safety concerns of the facility and be responsible for distributing the safety related information to the commissioners and as applicable to the users of the facility.  The contractor shall be responsible for contacting the police, fire department, emergency medical service and MEDEP should an incident occur requiring their services.   The contractor shall ensure that first aid supplies are kept and maintained at the facility as required by state law or other regulations.  The contractor shall make sure that proper protective clothing and equipment are available at the facility as mandated by OSHA, DEP or other regulation or law and that all personnel are trained as required by law or regulation.

 

Should an accident occur, the contractor will be responsible for notifying the proper emergency service and the commissioners.  The contractor shall ensure that all applicable forms are filled out as required by state law or regulations and that required reports are sent and/or provided to the proper agencies.  The contractor shall notify the commissioners immediately of the incident (within 24 hours) and submit a written report to the commissioners within five (5) business days of the incident.  The written report is to include a complete description of the incident, the extent of the injuries or damage done and the appropriate action taken.


Hazardous & Special Waste Handling
The Contractor shall be responsible for updating, training and complying with regulations or laws pertinent to Hazardous & Special Wastes.  The Contractor shall designate a “Site Safety Officer” who is trained in the detection of hazardous and special waste; and the appropriate notification and handling procedures.  This “Site Safety Officer” shall work with the RVFD to ensure that appropriate training and procedures are in compliance.  

Unpermitted Wastes
The contractor shall check all waste being received at the facility to ensure that hazardous and special wastes are not accepted.  State law allows users of the facility to dispose of normal household quantities of household hazardous and/or special wastes within their general refuse.  However, large quantities of household pesticides and hazardous wastes generated by commercial and industrial businesses are not accepted at the facility.
 

The Contractor shall make sure that a Hazardous & Special Waste Handling and Exclusion Plan is in place, approved by MEDEP and updated as required by law or regulation and that proper training is provided for its employees.  This plan shall include the following and any other information required by law or regulation: Designation of a Site Safety Officer; Identification/Notification and Handling of Unpermitted Wastes; Procedures to follow when finding unknown waste; Notification procedures when finding hazardous waste or suspected hazardous waste; Clean-up and decontamination procedures and training; emergency contact information and written reports required by MEDEP.
 

The current Operations Manual for the Rockwood Transfer Station Facility is consistent with these specifications and has been accepted and approved, by the MEDEP. 

 

III.  GENERAL

The proposal must include all materials, equipment, and labor necessary to perform the Services and must state the name of the person(s) or entity (entities) owning the materials and equipment and/or providing the personnel that forms the basis for its proposal.

All Services provided to the County shall be performed with equipment, methods and use of personnel in accordance with the pertinent Occupational and Safety and Health Act requirements of the State of Maine and the United States.      

 

IV. PROPOSAL PROCESS

The following is a schedule of events concerning the bid process:

                  Distribution of the RFP:                                                   June 18, 2025_________                          

                  Web Posting of RFP:                                              ____June 18, 2025               

                  Due date:                                                                         July 16, 2025_________           

      Notification of Award:                                                __August 6, 2025__________        

V.        Selection Process and Criteria  

Mandatory requirements include:

1.         Compliance with Bid instructions/proposal – 25 pts

2.         The contractor’s demonstrated experience and expertise in the management and operation of Transfer             Stations. – 25 pts

3.         The contractor’s experience shall include current service in facilities of similar size and volume, as well     as experience of staff – 25 pts

4.         Past history and references.  Contractor shall include a listing of references with their proposals,             indicating facility locations, name, and telephone number of the facility contact person.  This list should contain at least five (5) current references. – 10 pts

5.         The contractor’s financial stability and condition. – 15 pts

                        Total Possible Points = 100

 

6. INDEPENDENT CONTRACTOR

Throughout the performance of this contract, you are acting as an independent contractor and not as an officer, employees or agent of the County.  Additional, personnel needed by you to fulfill your duties under this project shall be employed or retained by you, and you are solely responsible for complying with all applicable state and federal laws including but not limited to workers compensation law, employment security law and minimum wage law.  As an independent contractor, you are also responsible for maintaining your own vehicles and equipment in a safe and legal condition.

 

7. INSURANCE

The contractor awarded the contract agrees to maintain, throughout the term of this contract, a minimum of $1,000,000 for general liability coverage and sufficient coverage for automobile insurance.  This shall include coverage for personal injury, death, and property damages resulting from your acts or omissions in the performance of the contract.  You further agree to furnish the County Commissioners with current certificates of insurance within ten (10) days after receipt of notice of acceptance.  The Contractor agrees to name the County as an additional insured on all applicable insurance policies.

 

8. BONDING

The successful contractor shall furnish a bond, satisfactory to the County in the sum of one hundred percent (100%) of the contract price per year within thirty (30) days of signing the contract.

 

9. INDEMNICATION AND INSURANCE

The successful contractor agrees to hold the County harmless from any claim for death, injury, property damage or other loss which may result in the contractor’s acts of omissions in the performance of the contract.  In the event that such claim is made against the County, the contractor will pay any legal fees incurred to defend the County, and the contractor will pay any amount (indemnify) for which the County is held liable.

 

10. BILLS AND CLAIMS

As an independent contractor, you are responsible for all bills and claims for labor, material, equipment, fuel and other items which are incurred in the performance of this contract.  The County will not pay such bills or claims.

 

11. ASSIGNMENT

The successful contractor may not sell, transfer or otherwise assign duties under this contract to any other person or entity without the written consent of the County.

 

12. TERM

The Term of the contract is three (3) years beginning September 1, 2025 and ending on August 31st of 2028.

 

XIII.    COUNTY RIGHTS

The County reserves the right to:

• Reject any or all proposals
• Waive any defects, informalities, and minor irregularities
• Accept exceptions to these specifications
• Make such award or act otherwise as it alone may deem in its best interest

 

Somerset County reserves the right to award this contract not necessarily to the contractor with the lowest price, but to the bidder that demonstrates the best ability to fulfill the requirements of the RFP.  The successful contractor will be chosen based on the qualifications and selection criteria discussed in this RFP.

            The successful contractor shall commence work only after the transmittal of a fully executed bond, contract and certificates of insurance.  The successful bidder will perform all services indicated in the proposal in compliance with the negotiated contract.

            Somerset County reserves the right to reject any or all proposals for any reason, in whole or in part, received in response to this RFP.  Somerset County will not pay for any information herein requested, nor is it liable for any costs incurred by the proposer.

Dated:  June 17, 2025                                                              Tim Curtis, County Administrator

Memo       BID Sheet:  ROCKWOOD AREA TRANSFER STATION 3 YEAR CONTRACT

 

To:

Interested Parties

From:

Somerset County Commissioners

Subject:

Rockwood Area Transfer Station Bid

Due:

Wednesday, July 16, 2025

The Somerset County Commissioners are requesting bid proposals for the management and operation of the Rockwood Area Transfer Station. The bid specifications are attached hereto for your review.  All bid proposals must be printed legibly on this form as indicated and submitted to the Commissioners Office by Wednesday, July 16, 2025 no later than 2:00 p.m. 

BID PROPOSAL:    ROCKWOOD AREA TRANSFER STATION

 

BIDDER:                   ________________________            Date Due:       Wednesday, July 16

Name/address                                                                                                       by 2:00 p.m.

________________________                                                           

 

________________________            Send to:          Tim Curtis, County Administrator Telephone:                                                                                                       41 Court Street

Home/Business           ________________________                                    Skowhegan, ME 04976

 

In compliance with the invitation to bid and having carefully examined the specifications and become acquainted and familiarized with the conditions of the Rockwood Transfer Station and its operations. I, the undersigned, submit the following bid for the management and operation of the Rockwood Area Transfer

 

Station:

Year 1             Sept 1, 2025 to August 31, 2026        $___________________________(______________)

Year 2             Sept 1, 2026 to August 31, 2027        $___________________________(______________)

Year 3             Sept 1, 2027 to August 31, 2028        $___________________________(______________)

 

For a total 3 year contract price of __________________________________________ ($_____________)  

 

Recycling costs which are to be stated separately are:

Year 1             Sept 1, 2025 to August 31, 2026        $___________________________(______________)

Year 2             Sept 1, 2026 to August 31, 2027        $___________________________(______________)

Year 3             Sept 1, 2027 to August 31, 2028        $___________________________(______________)

 

 For a total 3 year contract price of _________________________________________ ($_____________)

 

Please include your Insurance Certificates and a W-9 with this bid sheet.

 

The undersigned agrees, if awarded the contract, to sign a contract and deliver it along with the necessary Bonds and Certificates of Insurance within 10 working days.

 

Signed:            ________________________________        Date: ________________

 

Title:                ________________________________        *Seal/Clearly mark bid “Transfer Station Bid”.

 

Exhibit 1

SERVICES AGREEMENT

3 Year Contract

September 1, 2025 through August 31, 2028

 

This Agreement is made this  ____ day of _________, 2025 by and between the Somerset County Commissioners, acting on behalf of the Unorganized Townships of Rockwood, (hereinafter referred to as “OWNER”) and  _____________________(hereinafter referred to as “CONTRACTOR”).

 

WITNESSETH:

 

In consideration of the mutual covenants and conditions contained herein, the OWNER and the CONTRACTOR agree as follows:

 

I.  SCOPE OF SERVICES

The CONTRACTOR shall furnish all of the services, materials and perform all of the work as described in the Specifications as prepared  by the Commissioners and shall do so in accordance with the Contractor’s Proposal, _________________, which Request for Proposals/ Specifications and Proposals are attached hereto and made a part hereof (hereinafter, collectively referred to as the “Services”), and the Contractor covenants that it shall do everything required by this Agreement, the conditions of the Agreement (together with the General, Supplementary and other Conditions, if any) the Request for Proposals/ Specifications, the Drawings, if any,  and the Proposal in return for payment as provided herein.

 

A. The Contractor shall be responsible for the professional quality, technical accuracy, timely operation of services, and the coordination of all analyses, reports and other Services furnished by the Contractor under this Agreement.  The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in his analysis, reports, and other Services. Deficiencies are defined as willful or negligent acts that distort or falsify the state of the art of the products and Services developed and provided hereunder, or willful or negligent nonassignment of personnel or assignment of unqualified personnel to perform the duties hereunder.

 

B. Approval by Owner of analyses, reports, and other services furnished hereunder shall not in any way relieve the Contractor of responsibility for the technical adequacy of the work.  Neither Owner’s review, approval or acceptance of, nor payment for, any of the Services shall be construed to operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement, and the Contractor shall remain liable in accordance with applicable law for all damages to Owner caused by the Contractor’s negligent performance or non-performance of any of the Services furnished under this Agreement.

 

II. Contractor Obligations

The Contractor warrants:

A.                That it will furnish all vehicles, materials, personnel, tools and equipment, except as otherwise specified herein, and do everything necessary and proper to satisfactorily perform the Services required by this Agreement.

B.                That it is financially solvent, is experienced in and competent to perform the Services and is able to furnish the vehicles, materials, personnel, tools and equipment.

C.                That it is familiar with all federal, State, and local statutes, laws, rules, regulations, ordinances and orders which may in any way affect the Services.

D.                That it has carefully examined the Request for Bid Proposals/Specifications, this Agreement and the site of the Services and has conducted its own investigation of the nature and location of the Services, the character of equipment and personnel needed to perform the Services and all conditions which may in any way affect the performance of the Services.

E.               That any increase in Contractor’s costs during the term of this Agreement shall be the sole responsibility of the Contractor.

F.               That it will furnish the appropriate Certificates of Insurance and Bond requirements within 10 days of notice of award.

 

III. Term of Contract for Services

The Services to be performed under this Agreement shall commenced September 1, 2025 and continue until August 31, 2028. 

 

IV. Contract Price

The Owner shall pay the Contractor for the performance of Services under this Agreement the sum of ___________________________over the term of this contract.  Annual installments shall be made in the amount of _______________ per year for the management and operation of the Rockwood Area Transfer Station. The Owner shall pay the Contractor the sum of ________________over the term of this contract for the Recycling costs which are to be stated separately.  Annual installments shall be made in the amount of _____________ per year for these recycling services. The Commissioners reserve the right to sub-contract, if necessary, the recycling services if it is determined to be in the best interest of the County. 

 

V. Payments

The annual Contract Price payment (__________________________ for the operation and management and __________ for the recycling) shall be made at the end of every month, provided the Services have been completed to the Specifications and approved by the County Commissioners and/or their designee.

 

VI. Owner’s Right to Terminate Contract

Without prejudice to any other right or remedy, the Owner may terminate this Agreement for cause by providing the Contractor with seven (7) days’ written notice of termination.  For purposes of this Agreement, cause includes, but is not limited to: the adjudication of the Contractor as bankrupt; the making of a general assignment by the Contractor for the benefit of its creditors; the appointment of a receiver because of the Contractors insolvency; the contractor’s persistent or repeated refusal or failure, except for cases in which extension of time is provided, to supply enough properly skilled workers or proper materials to perform the Services; the Contractor’s persistent disregard of federal, state or local statutes, laws, codes, rules, regulations, orders or ordinances; and the Contractor’s substantial violation of any provisions of this Agreement or the contractor’s unsatisfactory performance of any of its obligations under this agreement. 

 

If the Contractor is in violation of any of the terms of the contract, or if the County or its representative is of the opinion that the work described in the contract is being performed unsatisfactorily, the County may take possession of the premises and of all materials, tools and appliances thereon and finish the Services by whatever method it may deem expedient.  In such case the Contractor shall not be entitled to receive any further payment.

 

A.       Terminate the Contract: The County may terminate the contract by sending you a written notice, stating the reason for the termination.  The contractor shall be paid for all current services provided which is satisfactorily done, but the remainder of the money due the contractor under the contract may be used to obtain another contractor to provide these services.  Likewise, money from the contractor bond may be used to cover this cost.

 

B.       Substitution: The County may hire a substitute contractor to provide these services for any period of time is considered necessary.  This substitution shall be paid for by the remaining money due (but unearned) under the contract.

 

C.       The County shall also seek any other legal remedies available to enforce the contract.

Further, the Owner may terminate this Agreement for any reason upon thirty (30) days’ written notice to the Contractor, in which case, the Owner shall pay the Contractor for all Services satisfactorily provided up to the date of receipt of such notice by the Contractor.  In the event that the Owner terminates this Agreement for cause and it subsequently is determined that cause did not exist, such termination shall be deemed to be for convenience.

 

VII.  Supervision and control

As an independent contractor, the contractor has the right and duty to supervise and control its own employees, agents and equipment.  The Somerset County Commissioners or their designees have the right to inspect the facility and its operations and notify the contractor of any problems, errors or non-performance.

 

VIII.  Insurance

Except as otherwise provided by this Agreement, the Contractor and its subcontractors and consultants shall obtain and maintain, throughout the term of this Agreement at no expense to the Owner, the following insurance coverages:

A.    Public Liability Insurance in the amount of not less than One Million Dollars ($1,000,000) or such other amount as is established by the Maine Tort Claims Act (14 MRSA§8101 et seq) as amended from time to time, combined single limit, to protect the Contractor, any subcontractor performing Services under this Agreement, and the Owner from claims and damages that may arise from operations under this Agreement, whether such operations be by Contractor or by a subcontractor or by anyone directly or indirectly employed by them.

B.    Automobile Liability Insurance in the amount of not less than One Million Dollars ($1,000,000) or such other amount as is established by the Maine Tort Claims Act (14 MRSA§8101 et seq.) As amended from time to time, combined with single limit, to protect the Contractor, any subcontractor performing work covered by this Agreement, and the Owner from claims and damages that may arise from operations under this Agreement, whether such operations be by Contractor or by a subcontractor or by anyone directly or indirectly employed by them.

C.    Workers’ Compensation Insurance in amounts required by Maine law and Employer’s Liability Insurance, as necessary, as required by Maine law.  In case any class of employees engaged in hazardous work under this Agreement is not protected under the Workers’ Compensation Act, the Contractor shall, at its own expense, provide for the protection of its employees not otherwise protected.

D.    All such insurance policies shall name the Owner and its officers, agents and employees as additional insured, except that for purposes of workers’ compensation insurance, the Contractor and its subcontractors instead may provide a written waiver of subrogation rights against the Owner.  The Contractor, prior to commencement of Services under this Agreement, and any of its subcontractors, prior to commencement of Services under any subcontract, shall deliver to the Owner certificates satisfactory to the Owner evidencing such insurance coverage, which certificates shall state that the Contractor and its subcontractors must provide written notice to the Owner at least thirty (30) days prior to cancellation, non-renewal, material modification or expiration of any policies.  Replacement certificates shall be delivered to the Owner prior to the effective date of cancellation, termination, material modification or expiration of such insurance policy.  The Contractor shall not commence Services under this Agreement until it has obtained all insurance coverage required under the subparagraph and such insurance policies have been approved by the Owner, nor shall the Contractor allow any of its subcontractors to commence Services on any subcontract until all such insurance policies have been obtained by the subcontractor and approved by the Owner.  All such insurance policies shall have a retroactive date which is the earlier of the date of this Agreement between the parties or the Contractor’s commencement of Services hereunder.

 

 

IX. Indemnification

The Contractor agrees to defend, indemnify, and hold harmless the Owner, its officers, agents and employees against any and all liabilities, causes of action, judgments, claims or demands, including attorney’s fees and costs, for personal injury (including death) or property damage arising out of or caused by the performance of Services under this Agreement by Contractor, its subcontractors, agents or employees.

 

X.  Assignment

Neither party to the Agreement shall assign this Agreement or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any prior moneys due or to become due to it hereunder, without the previous written consent of the owner.

 

XI. Subcontracts                                                               

The Contractor shall not sublet any part of this Agreement without the prior written permission of the Owner.  The Contractor agrees that it is fully responsible to the Owner for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by it.

 

XII. Remedies

Except as otherwise agreed by the parties in writing, all disputes, claims, counterclaims and other matters in question between the Owner and the Contractor arising out of or relating to this Agreement shall be decided by a Maine Court of competent jurisdiction.  This Agreement is made and shall be construed under the laws of the State of Maine.  Except as otherwise expressly agreed by the parties in writing, exclusive venue for any such civil action shall be in Maine.

 

XIII. Compliance with applicable laws

The Contractor agrees that it and its subcontractors, if any, shall comply with all applicable federal, State and local statutes, laws, rules, regulations, codes, ordinances, orders and resolutions in the performance of Services under this Agreement.

 

XIV.  Non-Appropriation