HomeMy WebLinkAboutHauling Reclyclable Materials COMMISSION MEMO
Memo
To: Mayor Jacobson and City Commissioners
From: Debbie Arkell, Director of Public Services 1\ -�
Chris Kukulski, City Manager
CC: Steve Johnson, Solid Waste Superintendent
Date: July 21, 2008 Consent Agenda
Re: Ratify City Manager's signature on Agreement for Hauling Recyclable Materials
between the Gallatin Solid Waste Management District and the City of Bozeman
RECOMMENDATION: Ratify City Managers signature on Agreement for Hauling Recyclable
Materials between the Gallatin Solid Waste Management District and the City of Bozeman.
BACKGROUND: In the fall of 2007, the City of Bozeman joined the Gallatin Solid Waste
Management District and entered into an Interlocal Agreement with the Gallatin Solid Waste
Management District Board. That Agreement provides that the District will assume the operations
of the"Binnie" recycling sites. The District has been operating these sites for the past two months,
with the exception of the cardboard collection. The City's Solid Waste Division retained the
collection of cardboard until the District could get their collection containers ordered and in place.
The District then asked for bids for the hauling of the Cardboard. The City's Solid Waste Division
submitted a bid and was awarded the contract. The Agreement is effective for a term of one year
and can be extended by mutual agreement.
FISCAL EFFECTS: Beginning July 15,the City Solid Waste division will pick up approximately
29 cardboard containers from six recycling sites. The containers will be emptied one time, seven
days per week, with additional pickup requests possible. The Division will be paid$11.45 per
container per pickup for Monday through Saturday service, and$22.90 for Sunday and Holiday
service. Not counting Holiday pickup, we should earn approximately$10,600 per month. It will
take about 5 hours per day to service the sites and haul the cardboard to Four Comers Recycling,
which will average approximately$4,600 for wages and benefits. The remaining$6,000 will be
applied to vehicle expenses, including fuel, maintenance and depreciation,with the balance
credited to the Division.
ALTERNATIVES: As recommended by the Commission.
Report Prepared On: July 11,2008
Attachments: Agreement
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ATTACHMENT A
SCOPE OF WORK
Pursuant to the terms and conditions of the Agreement-Hauling Of Recyclable Materials
to which this Attachment A is made,the DISTRICT and CONTRACTOR agree to the following:
1. DISTRICT will pay CONTRACTOR $11.45 per container($22.90 on Sundays and Holidays if
required.) for pick up and hauling of cardboard from 8yd3 DISTRICT owned frontload containers
upon written or electronic notice by the DISTRICT'S designated representative from the following
sites:
a. WalMart Recycling Site, 1500 North 7th Avenue, Bozeman, Mt to Four Corners
Recycling;
b. Kmart Recycling Site, 1126 North 7th Avenue, Bozeman, MT to Four Corners Recycling.
c. Bozeman Softball Complex, northeast corner of Highland Boulevard and Ellis Street,
Bozeman, MT to Four Corners Recycling;
d. MSU Campus, 13`h Avenue and College Street, Bozeman, MT to Four Corners
Recycling.
e. MSU Campus, Harrison St. west of Langford Hall, Bozeman, MT to Four Corners
Recycling.
f. Home Depot Recycling Site, 1771 N. 19"'Avenue, Bozeman, MT to Four Corners
Recycling.
2. There is to be a variable number of containers at each site. The DISTRICT will determine which
of the containers require service and will notify contractor accordingly.
3. CONTRACTOR will empty containers on a route each morning, seven days a week, unless
instructed otherwise. Additional pickup routes for each day must be requested before 1:00 p.m.
4. DISTRICT will provide CONTRACTOR notice before service is required. 2 hours notice before
1:00 p. m., 4 hours notice before 3:00 p.m.. Any service request received after 3:00 p. m. will be
serviced the next day. On Saturdays, Sundays, and Holidays, 2 hours notice before 1:00.
5. CONTRACTOR will invoice the DISTRICT on a monthly basis.
6. DISTRICT grants CONTRACTOR approval to use all of its dumpsters or containers, and attached
equipment needed to complete the scope of work outlined above. The approval to use such
personal property remains in effect until such time this agreement is terminated. The DISTRICT is
responsible for maintenance of the site(s) and the DISTRICT owned containers for damages not
caused by the CONTRACTOR.
7. For transporting cardboard, CONTRACTOR shall provide a solid waste front loading compacting
(garbage) type truck, or similar equipment, which is capable of unloading a 6 - 8 yard container,
with lid, by the use of forks, and placing it back to its original location. Cardboard shall be
compacted to reduce size and maximize the efficiency. The equipment, including backup
equipment, for collecting and transporting materials shall allow for the collecting and transporting
materials safely, without spillage or blowing of commodities. Any spills that occur during the
collection or unloading will be the responsibility of the CONTRACTOR.
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AGREEMENT
HAULING OF RECYCLABLE MATERIALS
This agreement made this 11`h day of July, 2008, upon all the mutual, good and valuable consideration
together with all the terms, conditions, covenants, representations, requirements, recitals, obligations,
promises, and performance herein or attached and incorporated and agreed by the parties:
GALLATIN SOLID WASTE MANAGEMENT DISTRICT, P. 0. Box 461, Three Forks, MT 59752 (406)284-
4029 ("DISTRICT"); has authority to contract for such work and services, and desires to have the
CONTRACTOR perform the work and services specified in Scope of Work, and
CONTRACTOR: CITY OF BOZEMAN, MONTANA, represents, warrants, promises and guarantees
CONTRACTOR: (a) is an independent contractor engaged in an independently established business or
profession, and renders work and services in the course of such business or profession as an
independent contractor; (b) is and will be free from control or direction over the performance of its work
and services, (c) is and shall at all times be qualified, skilled and licensed to perform such work and
services; (d) is and shall be in full compliance with all federal, state, and local rules, laws, regulations or
ordinances whatsoever regarding, concerning, or relating to the scope of work and CONTRACTORS's
business or profession; (e) agrees to provide and perform such work and services specified in the scope
of work; (f)the undersigned has authority to execute and enter into this agreement and bind the
CONTRACTOR to all the terms, conditions, covenants, representations, requirements, obligations,
promises and performance herein or attached and incorporated.
COMMENCEMENT DATE. CONTRACTOR shall commence work no later than July 15", 2008.
TERM. The term of this Agreement shall be for a period of one year from the Commencement Date set
forth above. The parties may mutually extend the term of this Agreement in writing.
CONSIDERATION. CONTRACTOR agrees that all work and services specified in the Scope of Work
shall be rendered, delivered, installed or performed for the contract price or agreed amount. Under no
circumstances whatsoever shall the amount charged or paid under this agreement exceed the contract
price or agreed amount, except for change of work orders that shall be considered additional work and
shall be in writing.
SCOPE OF WORK.CONTRACTOR shall provide all materials and perform all labor to complete the
project described as follows or services as described in the SCOPE OF WORK attached as Attachment
„A„
PAYMENT SCHEDULE. Payment shall be made as per Attachment "A" attached and incorporated.
DISTRICT shall make payment within 30 days of receipt of CONTRACTOR'S invoice provided that work
and services have been performed in accordance with this agreement.
CONTRACT REPRESENTATIVES.CONTRACTOR names Steve Johnson, Solid Waste Superintendent,
Telephone: (406) 582-3238, Email: sjohnson@bozeman.net as contact person, who shall receive and
examine the documents or information supplied by the DISTRICT, act as Project liaison between the
DISTRICT and the CONTRACTOR and respond to requests from the DISTRICT in writing promptly to
prevent unreasonable delay in the progress of the project. CONTRACTOR will not release information to
any third party without prior written approval from the DISTRICT'S contact person. DISTRICT names its
Recycling Coordinator,Wayne Shelton, as contact person.
TIME IS OF THE ESSENCE. CONTRACTOR shall perform all work and services, obligations, and
requirements without delay TIME BEING OF THE ESSENCE. CONTRACTOR assumes all risks
whatsoever for performance within the time allowed, and shall have no defense whatsoever for failure to
complete all work and services in the SCOPE OF WORK whether due to labor shortage, strike, lockout,
lack of available goods, lack of sub-CONTRACTORs, force majeure, power failure, act of God, or
otherwise.
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ADDITIONAL WORK. No claims for extra, additional, or changes in the work or services will be made by
CONTRACTOR without written agreement with DISTRICT prior to the performance of such services.
PROPRIETARY INFORMATION. Both parties agree to use reasonable care not to disclose proprietary
information to any third party, and will not use information developed during this project for the benefit of
others except as may be authorized in writing. All documents, records, maps, drawings, or other papers
acquired by CONTRACTOR during this project shall remain the property of DISTRICT.
RELEASE OF INFORMATION. CONTRACTOR will not release information to any third party without
prior written approval from the DISTRICT'S contact person. However, CONTRACTOR will be available,
with DISTRICT'S approval, to respond to public and media questions and information inquiries. A log of
such inquiries and responses will be kept and made available to the DISTRICT, if requested.
TERMINATION FOR DEFAULT. The performance of Work under this Agreement may be terminated by
the DISTRICT, in accordance with this clause, in whole or in part, in writing, whenever the DISTRICT
shall determine that the CONTRACTOR has failed to perform as agreed or is in default of any part of this
agreement. Without limitation, the DISTRICT has the right to terminate for default, if the CONTRACTOR:
fails to deliver supplies, materials, goods, service, labor or work, fails to perform within the time specified;
or if the CONTRACTOR fails to perform or breaches any representation, promise, warranty, guarantee,
provision, term or condition of this agreement.
TERMINATION FOR CONVENIENCE. The DISTRICT may without cause terminate this contract in whole
or in part at any time for its convenience upon reasonable written notice to the CONTRACTOR.
CONTRACTOR ADDITIONAL OBLIGATIONS. The CONTRACTOR'S obligations, duties and
responsibilities include at all times the following: (a) provide all labor, materials, equipment, supplies and
incidentals necessary to perform and complete the scope of work; (b) prepare and present such
information as may be pertinent and necessary, in order for the DISTRICT to pass critical judgment on the
quality of the scope of work; (c) perform work and services in accordance with generally accepted
commercial or accepted industry standards regarding similar type projects, work or services; (d) all work
and services must be performed and completed in a manner that is satisfactory to the DISTRICT; (e)
Perform all professional services in connection with the scope of work at a standard of similarly situated
professionals in the United States, and to the full satisfaction of the DISTRICT; (f) maintain appropriate
safety standards and keep all areas of work and adjacent areas free from foreseeable risks of harm and
dangers; (g) allow the DISTRICT upon reasonable notice and at reasonable times the right of review,
inspect and examine the CONTRACTOR'S place of work and records pertaining to this agreement; (h)
maintain compliance with all not for profit rules, laws and regulations.
LAWS AND REGULATIONS. CONTRACTOR has an affirmative duty to take notice of, observe, and
strictly comply with all existing laws, rules and regulations and any all laws, rules and regulations that may
be adopted after the date of this agreement. Whether or not the same are expressly stated in the
agreement, the CONTRACTOR shall strictly comply with all applicable state, federal and local laws and
regulations, including, but not limited to, the following applicable, Montana laws:
a. Montana Labor Preference. CONTRACTOR shall give preference to the employment of bona fide
Montana residents in the performance of the work. Section 18-2-403, MCA.
b. Equal Opportunity. Pursuant to Sections 49-2-303 and 49-3-207, MCA no part of this contract
may be performed in a manner which discriminates against any person on the basis of race,
color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or
national origin by person performing the contract. Any hiring must be on the basis of merit and
qualifications directly related to the requirements of the particular position being filled.
c. Prevailing Wage Rates. CONTRACTOR must pay the standard prevailing wage rates, including
fringe benefits for health and welfare and pension contributions and travel allowance provisions in
effect and applicable to Gallatin County, Montana. Any questions concerning prevailing wages
should be directed to the Montana Department of Labor and Industry, Labor Standards Bureau,
Capitol Station, Helena, Montana, 59620, Phone: 406-444-5600. CONTRACTOR shall post in a
prominent and accessible site on the project or work area, not later than the first day of work and
continuing for the entire duration of the project, a legible statement of all wages and fringe
benefits to be paid to the employees employed on the site or work area. Section 18-2-406, MCA.
The current standard prevailing wage rates published by the Montana Department of Labor and
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Industry for each relevant job classification necessary to complete the scope of work are
incorporated by reference into this agreement.
d. Safety. CONTRACTOR on behalf of itself and DISTRICT assumes sole responsibility for
initiating, maintaining and supervising all health and safety precautions and programs for all
employees, subcontractors, agents, and consultants in connection with the performance of this
Agreement. CONTRACTOR shall ensure that its employees, consultants, subcontractors, agents
are adequately and appropriately trained pursuant to the Montana Safety Culture Act, Title 39,
Chapter 71, Part 15 of the Montana Code Annotated. CONTRACTOR shall also comply with the
safety rules, codes, and provisions for occupational safety under Title 50, Chapter 71 of the
Montana Code Annotated.
e. Registration and Withholding. CONTRACTOR shall register with the Montana Department of
Labor and Industry in accordance with Title 39, Chapter 9, MontanaCode Annotated.
CONTRACTOR acknowledges the requirements of Title 15, Chapter 50, Montana Code
Annotated and it, not DISTRICT, will withhold and forward certain portions of gross contract
receipts where necessary.
f. Professions and Occupations. CONTRACTOR shall ensure all work and services undertaken for
the DISTRICTshall meet the requirements of Title 37, Montana Code Annotated. Work and
services undertaken by licensed professionals, such as surveyors, architects and engineers, shall
be completed, signed, and stamped by a such professionals licensed.
g. New Laws and Regulations.lf during the term of this Agreement new laws or regulations become
applicable, CONTRACTOR shall also comply with them without notice from DISTRICT.
LIEN. Provided that DISTRICT has first made all payments as required herein, CONTRACTOR shall pay
all valid bills and charges for material and labor incurred by it and arising out of the SCOPE OF WORK
and will hold DISTRICT free and harmless against all liens and claims of liens or services, labor and
materials filed against the property upon which the scope of work is commenced.
WAIVER AND INDEMNIFICATION. CONTRACTOR waives any and all claims and recourse against
DISTRICT or its officers, agents or employees, including the right of contribution for loss or damage to
person or property arising from, growing out of, or in any way connected with or incident to the
performance of this agreement except for acts of the DISTRICT.
h. CONTRACTOR will indemnify, hold harmless, and defend the DISTRICT and its agents,
principals, and employees from and against any and all liability (including liability where activity is
inherently or intrinsically dangerous), damages, losses or costs, including but not limited to
reasonable attorney's fees (including fees of the DISTRICT's in house Attorney) arising out of or
resulting from CONTRACTOR'S or third party's negligence, recklessness, or intentional
misconduct, or from CONTRACTOR'S or a third party's failure to comply with the requirements of
this agreement or with all federal, state and local law applicable to the performance of this
agreement but only to the extent that the liability, damages, losses, or costs are caused by the
negligence, recklessness, or intentional misconduct of the CONTRACTOR or a third party or the
CONTRACTOR's officers, employees or agents. In the event of an action filed against DISTRICT
resulting from CONTRACTOR'S performance under this agreement, DISTRICT may elect to
represent itself and incur all costs and expenses of suit.
i. These obligations shall survive termination of this agreement.
INSURANCE. CONTRACTOR shall carry comprehensive general liability insurance in the amount no less
than $1,500,000.00 for each occurrence; Automobile liability in the amount of $1,500,000.00 combined
single limit; All insurance policies shall be primary and noncontributory and shall name Gallatin DISTRICT
as additional insured.
j. Such certificate shall require no less than 15 days notice of cancellation to DISTRICT.
CONTRACTOR shall put DISTRICT on immediate notice of any changes or cancellation in
coverage.
k. CONTRACTOR shall require all consultants, and subcontractors to meet the same insurance
coverage.
INDEPENDENT CONTRACTOR. CONTRACTOR, and its consultants, contractors, and subcontractors,
shall at all times be considered independent contractors. Notwithstanding its obligation to fulfill the scope
of work, CONTRACTOR and its consultants and subcontractors have been and will continue to be free
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from control or discretion over the their performance under this agreement and in fact. DISTRICT will not
be responsible for withholding any state or federal taxes or social security, nor will the DISTRICT extend
any of the benefits to the CONTRACTOR that it extends to its employees, The CONTRACTOR is
required to maintain necessary records and withholding.
WORKERS COMPENSATION. As an independent contractor, CONTRACTOR must provide Workers
Compensation for all employees in the amount required by Montana law.
ATTORNEY'S FEES. If it is necessary for either party to bring an action to enforce the terms, covenants,
or conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees to be set
by the appropriate court, including fees of the Gallatin County Attorney.
NO PRESUMPTION. Payment by the DISTRICT to the CONTRACTOR for goods, work, services,
materials, claims or performance shall create no presumption that the CONTRACTOR's goods, work,
service, materials, claims or performance is satisfactory or meets the terms, conditions, representations,
promises, warranty or CONTRACTOR's obligations whatsoever.
HOLD BACK. The DISTRICT may hold back payment or refuse payment whenever in the DISTRICT's
sole discretion it is required to assure, obtain or compel CONTRACTOR's compliance or performance
with this agreement.
VENUE. An action to enforce this Agreement shall be brought in the District Court of the Eighteenth
Judicial District, Gallatin County Montana.
NOTICE. All notices and certifications made pursuant to this agreement shall be delivered to the
addresses above by certified mail or personal delivery in care of the parties representative named at¶ 8
of this Agreement. A party shall give the other prompt notice of any change in address.
INTERPRETATION I ENTIRE AGREEMENT. This Agreement shall be governed and interpreted
according to the laws of the State of Montana. Section headings are for convenience only and are not
intended to define or limit any provisions of this Agreement. The provisions of this Agreement are
independent and severable, and the invalidity, partial invalidity, or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other provision. Both parties having
been given an opportunity to have this Agreement reviewed by others, the Rule of Construction providing
that the Agreement shall be construed against the drafter will not be used in the interpretation of this
Agreement. Words shall be given plain meaning and effect,the parties acknowledge and agree that there
is no ambiguity. This document represents the entire and integrated agreement between the DISTRICT
and CONTRACTORand supersedes all prior negotiations, agreements or representations, either written
or oral. This agreement may be amended only by written instrument signed by both DISTRICT and
CONTRACTOR.
NON-WAIVER. The waiver or failure to enforce any provision of this agreement shall not operate as a
waiver of any future breach of any such provision or any other provision. DISTRICT's rights and remedies
NON-ASSIGNMENT. DISTRICT and CONTRACTOR, respectively, bind themselves, their successors,
assigns and legal representatives to the other party with respect to all covenants, terms, or conditions of
this agreement. Neither DISTRICT nor CONTRACTOR shall assign this agreement without the written
consent of the other. DISTRICT shall have the absolute right to refuse to grant or agree to an assignment
for any reason or no reason whatsoever.
EXECUTION OF AGREEMENT. The Gallatin DISTRICT Clerk and Recorder will keep the original
agreement. An exact unaltered copy of the original agreement has the same force and effect asthe
original.
DELIVERY OF DOCUMENTS: CERTIFICATE OF INSURANCE 1 WORKERS COMPENSATION 1
INDEPENDENT CONTRACTOR STATUS On or before execution of this agreement CONTRACTOR
shall deliver to the DISTRICT original or certified copies of the Certificate of Insurance, Certificate of
Workers Compensation Coverage or exemption there from, Independent Contractors certifications, and
any other documents required. CONTRACTOR shall cooperate in good faith and shall deliver, upon
request, such other and further documents as may be reasonably required to determine CONTRACTOR's
strict compliance with the required insurance, workers compensation coverage and independent
CONTRACTOR status and the terms and conditions of this agreement.
4�
IN WITNESS WHEREOF the parties have signed this AGREEMENT:
Date: 2008 Date: July 11, 2008
DISTRICT CITY OF BOZEMAN, CONTRACTOR
Bruce Hanson, Chairman ame: Chris A. Kukulski
Title: City Manager
ATTEST:
Stacy en, Ci y Clerk
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