This Catch Basin Cleaning Services Contract (“Contract”) made this _____ day of __________, 2016 between the
Greater Augusta Utility District (“District”) and ___________________ (“Contractor”) is the execution of the first year
Contract with a separate option by the District for each of two additional years; calendar years 2017 and 2018. The
Authorization to sign bids for years 2017 & 2018 will be considered valid at the execution of extensions. The District and
Contractor agree as follows:
ARTICLE 1:
CONTRACT DOCUMENTS and SCOPE OF WORK
The Contractor shall provide the appropriate equipment and personnel as approved by the District to include all goods
and services necessary to complete the work described in the Scope of Work (the “Scope”) except that the District will
provide two (2) iPads to complete the work which must be promptly returned in good working order upon completion of
the work. The District may provide interns to collect data in lieu of requiring the Contractor to perform these
measurements (See Article 2.1) The Contract Documents consist of this Contract, any Change Orders executed by the
District and Contractor and any documents identified herein as a Contract Document. This contract will be for calendar
year 2016 with the District’s option to extend the contract for two additional years as defined herein.
Scope of Work:
The catch basins consist of both separated and combined-sewer catch basins. Basins may be located on public rights of
way and / or private property.
These basins vary in size, depth, and depth of sump. Most basins are four feet in diameter with two foot sumps and a
total depth of less than 20 feet below grade. Exceptions do exist where basins may be up to six feet in diameter, contain
sumps greater than 2 feet, with total depths up to 50 feet below grade. The Contractor shall have access to equipment
that will appropriately clean all expected basin configurations and will utilize that equipment as needed to remove
gravel, sand, stones, bricks, sticks and rocks six inches in diameter or less. This equipment may need to include a clamshell for those basins too deep to clean by suction equipment. Section 3.1.2 requires the Contractor to submit a list of
available equipment with the bid submittal. Several basins located on private property will require the Contractor to
take sole responsibility to pre-schedule cleaning of the basins with the property owner. High traffic areas including main
road arteries and some private parking lots may need to be scheduled by the Contractor for cleaning during off-peak
times or on a weekend. A letter requesting permission to work outside the City of Augusta’s allowable work period
(7:00 am until 10:00 PM) must be submitted by the Contractor to the City’s Department of Public Works Director and, if
required, approved by Augusta City Council prior to initiating work outside of the imposed work hour limit.
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The following sites are high priority areas that must be cleaned and inspected no later than June 15 each year. These
are:
1. Marketplace Mall – including Sam’s Club, Walmart and all other commercial and retail properties at this site;
2. Hannaford Supermarket at Cony Street;
3. Hannaford Supermarket on Whitten Road; and
4. Other catch basins clearly identified as priority basins on the iPad.
Work Items: Locate the approximately 3,000 catch basins to be cleaned using an iPad provided by the District. This
number includes the catch-basins at the above facilities. (See *Note below)
1. a. Clean each catch basin as follows: (Note: the Contractor shall have and use tools necessary to open each
catch basin cover or grate without assistance from the District) The measurement items listed below may be
performed by an Intern provided by the District (see Article 2.1)
1. Index each catch basin cover;
2. record the diameter of the structure;
3. remove each catch basin cover;
4. measure from the rim to the average top of debris accumulated in the basin (not the water level);
5. remove all water, debris, soils, organic matter and other miscellaneous items;
6. measure from the rim to the bottom of the basin;
7. measure from the rim to the bottom (invert) of the outlet pipe;
8. replace the catch basin grate in the same indexed position it was in prior to removal;
9. document the cleaning using the iPad as described in paragraph 1.b. below.
10. Mark the corner of the basin furthest from traffic with a single color of paint determined by the District.
Measure:
1. Before cleaning, from top of rim to top of debris.
2. After cleaning, from top of rim to bottom of basin.
2
1
Example:
1. Before cleaning, depth to top of debris is 10.0 feet.
2. After cleaning, depth to the bottom of the basin is 10.75
feet.
Debris
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*Note: It is estimated that 3,000 catch basins need to be cleaned in 2016. The District will re-estimate the approximate
number of basins to be cleaned at each Contract extension.
To receive payment for each catch basin, the District requires that ALL basins identified to be cleaned will be cleaned
with a condition assessment entered in the iPad.
The Contractor will not be paid for cleaning more than 3,000 basins without prior written approval from the District. If
approved, the unit prices stated in the bid submittal will prevail for any additional catch basins cleaned and documented
above this number and similarly for each executed extension.
1.b. Document cleaning of each basin by entering required condition assessment data at each site into the
District-provided iPad. Data from the iPad is automatically uploaded to the District’s database and serves as proof of
work performed in the field. No payment will be made unless the Contractor uploads the desired information using the
iPad. The following condition assessment data is required for payment:
1. Identify person responsible for cleaning that basin;
2. Confirm the location of the catch basin;
3. Note the date & time of cleaning;
4. Note problems discovered during the cleaning;
5. Note the condition of the structure; (OK or needs attention);
6. Record the diameter of the structure;
7. Distance from basin rim to the average depth of debris before cleaning;
8. Distance from basin rim to the bottom of the basin after cleaning; and
9. Distance from basin rim to the bottom (invert) of the outlet pipe.
1.c. Identify catch basins that cannot be cleaned at any time that are NOT already identified on the iPad as Do
Not Clean and document why they cannot be cleaned.
1.d. Cleaning Temporarily Impeded Catch Basins:
If a catch basin identified on the iPad as required to be cleaned but is not accessible because of a temporary
impediment such as a parked vehicle preventing access, the Contractor is required and responsible for returning
to that site until the catch basin is accessible and the cleaning has occurred and documented as defined in
paragraphs 1.a & 1.b. The Contractor has the sole responsibility for gaining access. The District is not
responsible for making any efforts to make access available. Once cleaned, the conditional assessment
completed and correctly invoiced, the Contractor will be paid for that Catch Basin as defined on the bid sheet
contained herein less retainage.
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1.e. Dewatering debris:
Failure to comply with dewatering procedures may result in immediate cessation of this Contract. The
Contractor will also be held liable for fines, fees, or any other costs incurred by the District as a result of the
failure of the Contractor to comply with these requirements and processes, whether intentional or
unintentional.
1.e.1. Collected debris shall only be dewatered at combined sewer basins which will be clearly
designated on the District-provided iPad.
1.e.2. Keeping combined sewer basins clean during the Contract is required and solely the responsibility
of the Contractor. The District will compensate the Contractor for only the final cleaning at each
discharge location used by the Contractor. The Contractor will identify on the iPads the specific
combined sewer basins used for this purpose.
1.e.3. The Contractor shall comply with all applicable State and Federal laws, the District’s MEPDES
permit, the District’s Sewer Use Ordinance and other requirements described in the request for bids to
dispose of water and solids as part of the cleaning Contract.
1.f. Collected debris shall be properly disposed of at areas designated by the District. The District will be
responsible for collecting and disposing of the solids at a landfill from these areas.
1.g. The Contractor shall abide by all City Ordinances and OSHA requirements while cleaning basins. The
Contractor will notify the District of any problems noted or encountered with any basin within one
working day.
1.2
Provision by District of Electronic Data Gathering Equipment & Training
1.2.a. iPad Equipment: The District will provide up to two (2) iPads for use by the Contractor. The iPads and all
data and information contained therein are and remain the property of the District. The Contractor may not
share or download any of the data, hardware, or software or modify the device in any way. The Contractor will
be charged $1,000.00 (One Thousand dollars) for each iPad that is not returned reasonably in the same
condition as received or needing to be replaced, with the District allowing for reasonable field use at its
discretion. If more than two iPads are desired by the Contractor, they will be provided by the District to the
Contractor at an additional annual cost to the Contractor of $500.00 (five hundred dollars).
1.2.b. Training: The District will provide 1 (one), 4 (four) hour training session for up to 3 (three) people on the
use of the iPads for this function. If additional training is required it can be provided at an additional cost to the
Contractor at $50.00 per hour.
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ARTICLE 2:
TIME REQUIREMENTS
2.1 Time for Completion:
Two options are available for this work. Bidders may bid on one or both of the two available options.
1. Option 1: The District will provide two summer interns to help document the work for the Contractor using the
District-provided iPad. The interns will be available on or about May 16 to August 22. They will be available
from 0630 to 1500 each weekday. Selecting this option requires that all 3,000 basins are cleaned no later than
September 1, 2016.
2. Option 2: The District will provide no interns to document the work for the Contractor. The work must be
completed by November 4, 2016.
2.2 Hours of work: The City of Augusta’s ordinances limit work to the hours between 7:00 AM and 10:00 PM Monday
through Friday, not including holidays. All work performed outside of the Hours of Work conditions of this Contract
must be approved by the City of Augusta before work may commence. See Article 1.
ARTICLE 3:
COMPENSATION
3.1 Catch Basin Bid Items: Compensation for work shall be according to the following bid items:
3.1.1. Clean and document catch basins: Compensation for completing all of the work indicated and directed herein in
accordance with paragraphs 1.a & 1.b is considered to be included in each Catch Basin bid Item.
3.1.2. Provide a list of cleaning equipment available to your Company that will be used to perform the Work required to
complete this Contract to the satisfaction of the District. This list will, at a minimum, include type of vehicle, debris
capacity, suction lift capacity, clam shell lift capacity and any other specifications that are pertinent for this work. The
bidder’s list of available equipment will be a part of this bid item and considered by the District in the award of this
Contract.
3.1.3. Contractor shall be paid 100% of each bid item price less retainage (Article 4.3) for each catch basin cleaned that:
1. is on the “to be cleaned” list;
2. has been documented via the iPad; and
3. has been correctly invoiced.
3.1.4. The District will pay the Contractor 50% (fifty percent) less retainage (Article 4.3) of the Bid Item for each catch
basin on the list to be cleaned that meets the Scope of Work defined in paragraph 1.c. as “cannot be cleaned at any
time” criteria and for which that information is entered by the Contractor on the iPad.
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ARTICLE 4:
BILLING and PAYMENTS
4.1 Billing: The Contractor shall invoice the District for all worked performed on or about the 15th of each month for the
work performed since the previously submitted mid-month bill. The Invoice shall document the dates and ID numbers
of basins cleaned during the billing period. The District will provide the Contractor with a basin numbering system that
must be used for billing. The Contractor's bill will be compared to the verified data reported by the iPads for that billing
period. In the event of a discrepancy, the Contractor and the District will have the opportunity to resolve the issue. If
resolution is not achieved, the iPad verification will be used for payment unless the Contractor can demonstrate why
that data is incorrect and the District accepts that demonstration.
4.2 Payments: Contractor shall be paid in accordance with Article 3 of this Contract. The District shall pay the
Contractor within 30 (thirty) days of the receipt of each verified monthly invoice. An invoice template may be provided.
4.3 Retainage: To ensure performance, the District will retain and cumulate ten percent (10%) from each invoice from
the Contractor. Retainage will be kept by the District for up to 30 days after the District receives the Notice of Final
Completion from the Contractor or until any outstanding issues are resolved to the satisfaction of the District, whichever
comes later.
ARTICLE 5:
INSURANCE
The Contractor shall annually provide Contractor’s general liability and other insurance as follows:
Type of Insurance
Limits of Coverage
Commercial General Liability
One Million ($1,000,000) Dollars each occurrence and Two
Million ($2,000,000) Dollars in the aggregate.
Automobile Liability
One Million ($1,000,000) Dollars
Workers Compensation
Statutory coverage.
Employers’ Liability
$500,000 each occurrence
The Contractor shall add the District as a Certificate Holder and as an Additional Insured on the liability policies
identified above. Contractor shall provide District with a Certificate of Insurance evidencing the policies and above limits
prior to commencement of the Work and as requested periodically by the District to prove coverage has not been
dropped or modified during the Contract period.
ARTICLE 6:
GENERAL PROVISIONS
6.1 This Contract represents the entire and integrated Contract between the parties and supersedes prior negotiations,
representations or Contracts, either written or oral.
6.2 This Contract may not be assigned or transferred. Contractor shall perform all work with his own forces. Use of
sub-contractors shall not be allowed without the prior written permission of the District.
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6.3 The term “Work” means the services required by this Contract Document, and includes all other labor, materials,
equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor’s obligations. The intent
of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the
Contractor. The exception to this is the electronic data gathering equipment, inventory, and software that will be
provided by the District but remains the District's physical and intellectual property.
6.4 The District may direct the Contractor to stop any work that is not performed in accordance with the terms of this
Contract or work performed in an un-workmanlike manner until Contractor has corrected any and all deficiencies.
6.5 If Contractor fails to perform the Work in a workmanlike manner or in accordance with the terms of the Contract
Documents and, after notice of such default from District, fails to commence and continue a cure for its default, District
may, without prejudice to any other remedies available to it under the law, correct such deficiencies. In such case, the
Contract compensation shall be adjusted to deduct the cost of correction from payments due the Contractor.
ARTICLE 7:
CONTRACTOR’S RESPONSIBILITES
7.1 It is the sole responsibility of the Contractor to supply any and all necessary labor and equipment to complete this
contract. This may include but is not limited to tools for gaining access to stuck and stubborn covers and cleaning
equipment for deep and/or remote structures. This equipment may include but is not limited to magnets, pry bars,
lifting bars, hoist winch or crane, telescopic boom vacuum truck, boom truck with a clam shell bucket or other
equipment as necessary. Lack of proper equipment to gain access or properly clean or inspect structure does not
indemnify or exclude the Contractor from cleaning designated basins. Failure to gain access or clean any structure or
notify District personnel of the issue may result in termination of this Contract.
7.2 Contractor will be required to clean priority catch basins at the initiation of this contract and prior to
cleaning/inspecting any other basins. These basins must be cleaned by June 15, 2016.
7.3 The District's sanitary sewer collection system is subject to the terms of a Maine Pollutant Discharge Elimination
System (MEPDES) permit issued by the Maine Department of Environmental Protection and District’s Sewer Use
Ordinance. The MEPDES permit specifies waste discharge requirements (WDR) and prohibits the discharge of
wastewater at a location or in a manner different from that described in permit. Sanitary sewer overflows (SSO),
including bypassing untreated sewage to surface waters or drainage courses, are a violation of the permit requirements.
A copy of the MEPDES permit and the Sewer Use Ordinance is available for review by the Contractor.
In scheduling and performing the work, the Contractor shall comply with all requirements of the permit and ordinance
and shall not, directly or indirectly, cause a SSO or prevent the District from complying with the requirements of the
MEPDES permit. Penalties imposed on the District as a result of any discharge violation caused by the actions of the
Contractor, or its employees, or sub-contractors shall be borne in full by the Contractor, including fines, legal fees, and
other expenses to the District resulting directly or indirectly from such discharge violations. The District may recover
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such sums from the Contractor directly or by deduction from the construction progress payments at the discretion of
the District.
The Contractor shall take all necessary precautions to prevent SSOs and protect from damage all components of the
sanitary sewer collection system. In the event of an accidental SSO, the Contractor shall immediately notify the District,
and District shall immediately be entitled to utilize other forces to implement the procedures specified in its Sanitary
Sewer Collection System Emergency Overflow Response Plan. All costs incurred by the District to respond to a SSO,
including any monetary penalties or fees, will be deducted from the Contractor's construction progress payments or
directly from the Contractor at the District's discretion.
7.4 The Contractor shall exercise every reasonable precaution to prevent the discharge of any material which is not
solely storm-water (e.g. rain) to the sanitary sewer and storm drain system. Non-allowable discharges include, but are
not limited to: eroded soil from stockpiles or disturbed earth, concrete and concrete washout water, fuel, oil, and other
vehicle fluids, solid wastes, and construction chemicals.
The Contractor will be responsible for the complete cleanup of all material that is discharged from the project in
violation of the non-allowable discharges. Should the Contractor fail to promptly and effectively clean-up such
discharges, the District may cause the cleanup to be performed by others to include District personnel. The costs for this
clean-up will then to be deducted from any monies due or to become due the Contractor.
7.5 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor
shall be solely responsible for and have control over construction means, methods, techniques, sequences and
procedures, and for coordinating all portions of the Work.
7.6 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,
equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work.
7.7 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons
carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them.
7.8 The Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is
executed.
7.9 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the
Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and
regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall
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bear the attributable costs. The Contractor shall promptly notify the District in writing of any known inconsistencies in
the Contract Documents with such governmental laws, rules and regulations.
7.10 The Contractor shall keep the surrounding work areas free from accumulation of debris and trash related to the
Work.
7.11 The Contractor will take appropriate care while performing the Work to not cause any damage to District property.
Any damage caused by the Contractor and/or any damage or deficiencies observed by the Contractor should be
immediately reported to the District’s Operations Supervisor.
ARTICLE 8:
WARRANTY
The Contractor warrants to the District that: (1) the Work will be free from defects not inherent in the quality required
or permitted; and (2) the Work will conform to the requirements of the Contract Documents.
ARTICLE 9:
INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the District, its agents and
employees of any of them from and against claims, damages, losses and expenses, including but not limited to
attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of
whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
ARTICLE 10:
CHANGES IN THE WORK
10.1 The District, without invalidating the Contract, may order changes in the Work within the general scope of the
Contract consisting of additions, deletions or other revisions with the Contract Time being adjusted accordingly in
writing.
ARTICLE 11:
COMPLETION
11.1 Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in
accordance with the Contract Documents so the District can utilize the Work for its intended use.
11.2 When the Work or designated portion thereof is substantially complete, the District will make an inspection to
determine whether the Work is substantially complete. Warranties required by the Contract Documents shall
commence on the date of Substantial Completion of the Work.
11.3 When the District finds the Work acceptable and the Contract fully performed, the District will issue final payment
including retainage within 30 days for each year of the Contract.
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11.4 Acceptance of final payment for each year by the Contractor shall constitute a waiver of claims except those
previously made in writing and identified by Contractor as unresolved at the time of each year’s final payment.
ARTICLE 12:
SAFETY
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs,
including all those required by law in connection with performance of the Work. The Contractor shall take reasonable
precautions to prevent damage, injury or loss to employees on the Work, the Work and materials and equipment to be
incorporated therein, and other property at the site or adjacent thereto. The Contractor shall promptly remedy damage
and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be
liable.
ARTICLE 13:
CORRECTION OF WORK
The Contractor shall promptly correct Work failing to conform to the requirements of the Contract Documents. The
Contractor shall bear the cost of correcting such rejected Work. In addition to the Contractor’s other obligations
including warranties under the Contract, the Contractor shall, for a period of one year after Substantial Completion,
correct work not conforming to the requirements of the Contract Documents. If the Contractor fails to correct
nonconforming Work within a reasonable time, the District may correct it in accordance with the terms of this Contract.
ARTICLE 14:
MISCELLANEOUS PROVISIONS
14.1 Neither party to the Contract shall assign the Contract as a whole without written consent of the other.
14.2 The Contract shall be governed by the laws of the State of Maine.
14.3 If the District fails to make payment as provided herein for a period of 30 days through no fault of the Contractor,
the Contractor may, upon seven additional days’ written notice to the District, terminate the Contract and recover from
the District payment for Work executed and the reasonable costs incurred by reason of such termination.
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14.4 The District may terminate the Contract if the Contractor:
14.4.1 refuses or fails to supply enough properly skilled workers or in the District’s opinion the proper materials
or equipment;
14.4.2 disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or
14.4.3 is otherwise in material breach of a provision of the Contract Documents.
14.4.4 When any of the above reasons exist, the District may without prejudice to any other rights or remedies
of the District and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice,
terminate the Contract and may finish the Work by whatever reasonable method the District may deem
expedient.
14.4.5 When the District terminates the Contract for one of the reasons stated herein, the Contractor shall not
be entitled to receive further payment until the Work is finished. If such costs exceed the unpaid balance, the
Contractor shall pay the difference to the District. This obligation for payment shall survive termination of the
Contract.
14.5 The District may, at any time, terminate the Contract for the District’s convenience and without cause. The
Contractor shall be entitled to receive payment for Work executed and any reasonable costs incurred in the District’s
opinion by reason of such termination.
ARTICLE 15:
CLAIMS AND DISPUTES
15.1 Claims, disputes and other matters in question arising out of or relating to this Contract shall be initially referred to
mediation which shall be conducted as the parties mutually agree. If the parties are unable to agree, it shall be
administered by the American Arbitration Association in accordance with their Construction Industry Mediation
Procedures.
15.2 Any claim not resolved by mediation shall be finally resolved by arbitration which shall be conducted as the parties
mutually agree. If the parties are unable to agree, it shall be administered by the American Arbitration Association, in
accordance with the Construction Industry Arbitration Rules. Demand for arbitration shall be made in writing, delivered
to the other party to the Contract and filed with the person or entity administering the arbitration. The award rendered
by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in
any court having jurisdiction thereof.
15.3 Either party, at its sole discretion, may consolidate an arbitration conducted under this Contract with any other
arbitration to which it is a party provided that (1) the arbitration Contract governing the other arbitration permits
consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the
arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
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15.4 The foregoing Contract to arbitrate and other Contracts to arbitrate with an additional person or entity duly
consented to by parties to the Contract shall be specifically enforceable under applicable law in any court having
jurisdiction thereof.
This Contract entered into as of the day and year first written above.
ARTICLE 16: EXECUTION
GREATER AUGUSTA UTILITY DISTRICT
Contractor name:
Signature:
Signature:
By: Brian Tarbuck
By:
Its: General Manager
Its:
12 Williams Street, Augusta, ME 04330
Address:
(207) 622-3701
Phone:
[email protected]
Email:
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Catch Basin BID Item
1. This bid sheet must be signed by someone authorized to legally bind the Contractor.
2. Attach a list of cleaning equipment as required by Section 3.1.2.
3. It is the District’s sole discretion to review, award and reject bids.
4. Assume approximately 3,000 basins will be cleaned in each calendar year.
Fill in the bid amount in US dollars to clean one catch basin in the table below. Bidders may select one year, two years,
or all three years. Bidders may select Option 1, Option 2 or both.
Year
Bid Option 1
intern-assisted data collection
Bid Option 2
no intern option
2016
2017
2018
Your signature below legally commits your firm to the bids written above.
Bid Authorized and signed by:
Title:
Date:
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