HomeMy WebLinkAbout11- Bozeman Convenience Site Hauling Service Agreement with CountyCO
ROUTING FORM CONTRACT NO: 2011 -187
INSTRUCTIONS: All original contracts must first be signed and notarized by the contractor, then routed to
the authorized Gallatin County representatives according to the Small Purchasing Policy (Resolution #2008-
085) and the Service Contract Procedure Guidelines. All contracts will be routed back to the originating
department who MUST forward the original contract to the Clerk & Recorder for filing. NO EXCEPTIONS!
(NOTE: If contractor requires an original document, two contracts must be routed.)
I. This section to be completed by: Department Head, Board Chairperson or
DATE: 1 1 27 1 11 FUND #: 5411-386 -390 ..y�
RESPONSIBLE DEPARTMENT: GSWMD SIGNATURE:
C?N TRACT NAME: Bozeman Convenience Site Hauling Service
CONTRACT AMOUNT: $ AMOUNT IS WITHIN MY BUDGET: EYES ❑ AO
CONTRACT AMOUNT IS WITHIN APPROVED PURCHASE AUTHORITY: EYES ❑ NO
MINIMUM SOLICITATION REQUIREMENTS HAVE BEEN DOCUMENTED: EYES ❑ NO
*IF "NO" ANSWERED TO ANY QUESTION ABOVE, EXPLAIN REASONS and SEND TO
COUNTY ADMINISTRATOR FOR REVIEW.
START DATE: 02 1 01 1 11
EXPIRATION DATE: 1 1
"DESCRIPTION OF CONTRACT / GOODS OR SERVICES I SCOPE OF WORK:
Pickup an haul stationary ggmaactor and receiver containers and 5 roll off boxes from Bozeman
Convenience Site attached scope of work "Exhibit A"
* *IF THIS IS A MODIFICATION, WORK ORDER OR AMENDMENT OF EXISTING CONTRACT
PROVIDE ORIGINAL CONTRACT M -Z
DATE SIGNED BY CONTRACTOR: / 1
2. Finance Director complete, if amount is $1,500 or greater.
FINANCE DIRECTOR APPROVED: A 114 DATE: 1 1
3. County Administrator complete, If necessary.
COUNTY ADMINISTRATOR APPROVED: A�4 _ DATE: 1 /
4. County Commissioner approval required?: [ Yes SRNo
5. Clerk and Recorder: Date Recorded: I 1
6. Responsible originating department must send one approved contract to contractor.
Revised: 0811 5108
WORK & SERVICES AGREEMENT
This agreement made this day of 2011, 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:
1. County: Gallatin County 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
2. CONTRACTOR: City of Bozeman, Solid Waste Management Division, 2143 Story Mill Rd,
Bozeman, MT, Telephone: (406) 582 -3238 Email: darkell@bozeman.net that 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; (f1 is in good standing and authorized to do business in the State of
Montana; (g) 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.
3. COMMENCEMENT DATE. CONTRACTOR shall commence work no later than 0211112011.
4. COMPLETION DATE. CONTRACTOR shall have all work and services and the SCOPE OF
WORK complete to the COUNT)rs full satisfaction no later than NA.
5. CONSIDERATION. The "contract price" or "agreed amount" is a total amount as per BID
ATTACHED as EXHIBIT 1. 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, fully negotiated, agreed to and executed by the parties upon additional fair and
reasonable terms, conditions and consideration.
6. 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 Exhibit
"A.*
7. PAYMENT SCHEDULE. Payment shall be made as per Exhibit B "Payment Scheduie" attached
and incorporated, or if no payment schedule is attached, then the CONTRACTOR agrees to be paid in
partial payments in amounts indicative of the actual percentage of work and services delivered or
performed. COUNTY 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. In the event that
COUNTY's funding is unavailable or limited, then the COUNTY may reduce the amount of consideration
upon consent of the CONTRACTOR, or without consent terminate this agreement.
8. CONTRACT REPRESENTATIVES. CONTRACTOR names DEBBIE ARKELL as contact
person, who shall receive and examine the documents or information supplied by the COUNTY, act as
Project liaison between the COUNTY and the CONTRACTOR and respond to requests from the
COUNTY 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
COUNTY'S contact person. COUNTY names MARTIN BEY as contact person.
9. 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 subcontractors; breakdown, repair or maintenance of machinery, vehicles
or equipment; force majeure; power failure; act of God; or otherwise.
1 F a r
g e: WORK AND SERVICES AGREEMENT 02.2011 v Contractor Initials
10. ADDITIONAL WORK. No claims for extra, additional, or changes in the work or services will be
made by CONTRACTOR without written agreement with COUNTY prior to the performance of such
services.
11. 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. AN documents, records, maps, drawings, or
other papers acquired by CONTRACTOR during this project shall remain the property of COUNTY.
12. RELEASE OF INFORMATION. CONTRACTOR will not release information to any third party
without prior written approval from the COUNTY'S contact person. However, CONTRACTOR will be
available, with COUNTY'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 COUNTY, if requested.
13. TERMINATION FOR DEFAULT. The performance of Work under this Agreement may be
terminated by the COUNTY, in accordance with this clause, in whole or in part, in writing, whenever the
COUNTY shall determine that the CONTRACTOR has failed to perform as agreed or is in default of any
part of this agreement. Withou# limitation, the COUNTY 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.
14. TERMINATION FOR CONVENIENCE. The COUNTY may without cause terminate this contract
in whole or in part at any time for its convenience upon reasonable written notice to the CONTRACTOR.
15. CONTRACTOR LIMITATION OF CLAIMS FOR BREACH AND DAMAGES. CONTRACTOR
agrees that CONTRACTOR's damages, rights and remedies in any case or controversy arising under this
agreement are limited and shall not exceed the reasonable costs of the work performed and materials
installed through to the date of termination less any consideration received CONTRACTOR waives claim
to any damages based on lost profits, consequential, incidental, special, punitive, interest, or delay.
Failure of the CONTRACTOR or its contractors or subcontractors to include similar clauses into its
subcontracts and purchase orders shall not expose the COUNTY to any liability. The foregoing shall not
constitute an exemption from responsibility, and shall not exempt the COUNTY or anyone "from
responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent" as per MCA 28 -2 -702.
16. 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 COUNTY 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 COUNTY; (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 COUNTY; (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 COUNTY 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.
17. 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,:
(a) Montana Labor Preferenc 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 O000rtun . 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
21 P a g e: WORK AND SERVICES AGREEMENT 02.2011 v Contractor InitialgalL
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 fil led.
(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: 406444 -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
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 COUNTY assumes We 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, Montana Code Annotated.
CONTRACTOR acknowledges the requirements of Title 15, Chapter 50, Montana Code
Annotated and it, not COUNTY, will withhold and forward certain portions of gross contract
receipts where necessary.
(f) Professions and Qccuoatlons CONTRACTOR shall ensure all worts and services undertaken for
the COUNTY shall 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 If during the term of this Agreement new laws or regulations become
applicable, CONTRACTOR shall also comply with them without notice from COUNTY.
18. LIEN. Provided that COUNTY 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 COUNTY 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. As evidence of
payment of service CONTRACTORs, material men and subcontractors, CONTRACTOR shall file lien
waivers. CONTRACTOR will also file the same for its services. CONTRACTOR shall provide the
necessary information on to identify all CONTRACTORs of services, material men and subcontractors.
19. WAIVER AND INDEMNIFICATION. CONTRACTOR waives any and all claims and recourse
against COUNTY 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 'responsibility for his own fraud, for willful injury to the person or
property of another, or for violation of law, whether willful or negligent' as per MCA 28-2 -702.
(a) CONTRACTOR will indemnify, hold harmless, and defend the COUNTY 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 COUNTY Attorney) arising out of or resulting
from CONTRACTOR'S nr shiFd party's negligence, recklessness, or intentional misconduct, or
from CONTRACTOR'S era4h;Fd par#y: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 eF a khw..gar#y or the
CONTRACTOR's officers, employees or agents_ In the event of an action filed against COUNTY
resulting from CONTRACTOR'S performance under this agreement, COUNTY may elect to
represent itself and incur all costs and expenses of suit.
(b) These obligations shall survive termination of this agreement.
31 P a g c: WORK AND SERVICES AGREEMENT 02.2011 v Contractor Initials
20. 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; Professional Liability or Errors and Omissions coverage in the
amount of $1,500,000.00. All insurance policies shall be primary and noncontributory and shall name
Gallatin COUNTY as additional insured.
(a) Such certificate shall require no less than 15 days notice of cancellation to COUNTY.
CONTRACTOR shall put COUNTY on immediate notice of any changes or cancellation in
coverage_
(b) CONTRACTOR shall require all consultants, and subcontractors to meet the same insurance
coverage.
21. 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 from control or discretion over their performance under this agreement and in fact.
COUNTY will not be responsible for withholding any state or federal taxes or social security, nor will the
COUNTY extend any of the benefits to the CONTRACTOR that it extends to its employees. The
CONTRACTOR is required to maintain necessary records and withholding.
22. WORKERS COMPENSATION. As an independent contractor, CONTRACTOR must provide
Workers Compensation for all employees in the amount required by Montana law.
23. 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.
24. COUNTY`s DAMAGES. The COUNTY s damages in the event of the CONTRACTOR's default,
breach or failure to perform shall include without limitation: damages for the cast of materials and labor to
complete the work and services, and/or fix, repair, remedy, reconstruct, rebuild, remove or replace the
materials, work and services; the difference in contract price between this agreement and any other
agreements that the COUNTY might enter to complete the work and services; consequential, incidental,
compensatory, administrative costs, punitive and foreseeable damages; and such other and further
damages, claims, or remedies that might be allowed at law.
25. NO PRESUMPTION. Payment by the COUNTY 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.
26. HOLD BACK. The COUNTY may hold back payment or refuse payment whenever in the
COUNTY's sole discretion it is required to assure, obtain or compel CONTRACTOR's compliance or
performance with this agreement.
27. PAYMENT AND PERFORMANCE BONDS. If the COUNTY, in its sole discretion, requires the
CONTRACTOR shall post payment and performance bonds in an amount no less than the sum of the
contract price. Bond documents must be delivered to the County within 3 days of the contract award and
prior to the commencement of work.
28. VENUE. An action to enforce this Agreement shall be brought in the District Court of the
Eighteenth Judicial District, Gallatin COUNTY Montana.
29. 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.
30. INTERPRETATION 1 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 e
41 P a 9 e: WORK AND SERVICES AGREEMENT 02.2011 v Contractor Initial
is no ambiguity. No extrinsic evidence. This document represents the entire and integrated agreement
between the COUNTY and CONTRACTOR and supersedes all prior negotiations, agreements or
representations, either written or oral. This agreement may be amended only by written instrument
signed by both COUNTY and CONTRACTOR.
31. NON - WAIVER. Delay, waiver or failure to enforce or assert any claim, defense or provision of
this agreement shalt not operate as a waiver of any of the COUNTY's rights and remedies at taw or equity
that are expressly reserved without limitation.
32. NON - ASSIGNMENT. No assignment without the other parties written consent which shall not be
unreasonably withheld.
33. EXECUTION OF AGREEMENT. The Gallatin COUNTY Clerk and Recorder will keep the original
agreement. An exact unaltered copy of the original agreement has the same force and effect as the
original.
34. CONDITION PRECEDENT DELIVERY OF DOCUMENTS: CERTIFICATE OF INSURANCE 1
WORKERS COMPENSATION I INDEPENDENT CONTRACTOR STATUS. As a condition precedent to
this agreement binding the parties, on or before execution of this agreement CONTRACTOR shall deliver
to the COUNTY original or certified copies of the Certificate of Insurance, Certificate of Workers
Compensation Coverage, Independent Contractors License, 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.
35. NO OFFER EXPRESS OR IMPLIED. Transmittal, delivery or publication of this AGREEMENT
FOR WORK AND SERVICES shall NOT BE CONSTRUED AS AN OFFER EXPRESS OR IMPLIED.
Gallatin County shall not be bound to the terms and conditions, unless and until this agreement has been
fully executed, approved in writing by the County Attorney, adopted and by Resolution of the County
Commission and returned to the contractor.
36. NO DISTRIBUTION, COPYING OR PUBLICATION. This form of agreement is the property of
Gallatin County and shall not be copied, distributed. published, altered, modified, amended or used in any
manner without the express written authority of the County Attorney.
37. IN WITNESS WHEREOF the parties have signed this agreement.
Date: 2011 pate 2011
Gallatin County CONTRACTOR
City of Bozeman
William A. Murdock, Chairma Chris Kukuls , City Manager
Attest:
Charlotte Mills, Clerk & Recorder
5 1 P a g e: WORK AND SERVICES AGREEMENT 02.2011 v Contractor Initiafs--
EXHIBIT "A"
Scope of Work
Hauling Service Agreernent
Bozeman Convenience Site
The Gallatin Solid Waste Management District, "District", is requesting bids for:
• Supplying five (5) 30 cubic yard, open bap, roil off boxes for use in the collect
of residential trash and construction debris at the Bozeman Convenience Site
located at 2143 Story Mill Rd. in Bozeman, MT 59795
• The open top roll off boxes will be scheduled for hauling, weighing and dumping
twice weekly as needed, or as requested by the District, to Logan Landfill 90585
Two Dog Rd., Manhattan, MT 59749
• The agreement will also include the regularly scheduled hauling of municipal
solid waste in the District's stationary compactor's receiver box. The stationary
compactor has two (2) enclosed 40 cubic yard receiver boxes that will be
swapped our for hauling, weighing and dumping at Logan Landfill every five to
eight days, or as requested by the District.
• The receiver boxes are set up for standard 'hook lift" hoist and also cable lift
system.
• The hauling service contractor agrees to respond to special requests for hauling
within 24 hours after being contacted by the District.
• The hauling service contract will run for a period of three (3) years from the date
approved.
• Provide description of the per pull cost for all charges and fees for services,
including pickup, transportation and delivery costs per trip.
• Backup Equipment for collecting and transporting materials must be provided.
• Provide description of the proposed method of collecting and transporting
materials safely, without spillage or littering. Any spills that occur during the
collection or unloading will be the responsibility of the vendor.
• An empty roll off container Will be delivered to replace the full container to be
hauled away for processing.
• Describe the following details, performance guarantees, equipment types,
weighing procedures. Mauling procedures, safety policies. insurance, and billing
procedures.
-N I i
!/ ,hi
Request for Bid
Gallatin Solid Waste Management District for Hauling Roil -Off
Containers and Stationary Compactor at the Bozeman Convenience
Site to the Logan Landfill
Owner Nendor Name City of Boman
Owner/Vendor Addmas 2143 Story Mill Road
P Box 1234
Bozeman. MT 49777 -1234
Bid:
CKV Of ftNEM, S011d Was de Division is eased o s
followina bid fRE oMdding rolhoff containers anthanna of rof
and statiMM cornpaatoes t� to at t s Bo29ma0, a 022 site to
thO an for Magmaill for of 1 gs2s pe g
Total Price per pull for both receiver boxes and 30 cu. yd. open top
roll - off boxes including supplying open top roll -off boxes:
D. Johnr)6n, Superflondent of Solid l Division
Acceptance of the Bid
'The t3ailatln Solid Waste ManaDernod District reserves the right to accW or nq&A any and all bids for any
reason deterndned to be in the best interest of the DtaMct and Its staff.*"
Specifications
The City of Bozeman, Solid Waste Department agrees to supply five (5) 30 cubic yard, open
top, roll -off boxes at the Bozeman Convenience site located at 2143 Story Mill Road, Bozeman, MT
59715. These containers can be used for residential trash and construction debris.
The Solid Waste Division agrees to empty the open top, roll -off containers and the stationary
compactor box on a set schedule or upon the request of the District. When a roll- off /compactor box
is taken to Logan landfill an empty roll-off/compactor box will be delivered. All special requests for
hauling of containers by the District will be done within 24 hours after being contacted by the District.
The Divisions equipment Is able to haul cable or hook lift systems. Our equipment includes:
2001 FL112 Freightliner (Hook lift system)
2001 Sterling (cable system)
2004 M2 Freightliner (Hook lift system)
2008 M2 freightliner (cable system)
All of the above equipment has auto -tarp systems and also contain back-up manual tarps. All
containers that leave the Bozeman Convenience site will be tarped. Tarp sides MR be bungeed to
secure the load as not to allow spillage or Littering. Any spills that occur during the transportation of
material will be the City of Bozeman, Solid Waste Division's responsibility for proper cleanup.
Weighing coil! be done at the Logan Landfill and all City of Bozeman Solid Waste employees will follow
all rules and safety procedures in place at the Logan Landfill.
The Solid Waste Division currently hauls the receiver box for the District and is familiar with
the policies and procedures of the Logan Landfill. We have been very prompt upon the request of the
District to 'swap" the receiver box and clean up any debris.
Contract Price
The contract price per pull (pull Includes pickup of roll -off, replace with empty roll -off, haul
and dump full box at Logan Landfill) is $19825 per container. This price will be honored for the term
of three years from the award of the bid. A bill will be sent to the District monthly,
Please see the attached insurance policy of the City of Bozeman, Solid Waste Division.
A diesel fuel surcharge may take effect after the first 12 months and will be based on the U.S.
Department of Energy's (D.O.E.) fuel index, Rocky Mountain Region.
Warran
The City of Bozeman, Solid Waste Division, agrees to warranty all terms and conditions of this
proposal.
Ai4Lk4k
GALLATIN
SOLID WASTE
MANAGEMENT DISTRICT
REQUEST FOR BID AND SPECIFICATIONS
FOR PROVIDING ROLL -OFF CONTAINERS AND HAILING OF
ROLL-OFF CONTAINERS AND STATIONARY COMPACTOR'S
COLLECTED WASTE AT THE BOZEMAN CONVENIENCE SITE
TO THE LOGAN LANDFILL FOR DISPOSAL
JANUARY 2011
GALLATIN SOLID WASTE MANAGEMENT D8TMcT
P.O. BOX 461
THREE FORKS, MT 59752
COMPANYIVENDOR: City of Bozeman
(As submitted on enclosed bid form)
CITY OF BOZEMAN
2143 STORY 11r11.r. ROAD
PHONE ON) St2 -3237
P.O. pox 1738
SOLID WASTE DIVISION
January 7, 2011
Gallatin Solid Waste Management District
P.O. Box 461
Three Focus, MT 59752
"0Z0GAN,)WQP TMA 54771 -113!
FAX (4W 511x4138
RE: Request for Bid and Specifications for providing rol)- off oonta and hauling ofron- offcontavirrs and
stationary compactor's collected waste at the Bozeman Conv=e nce Site to the Logan LanM for disposal
To whom this proposal may concern:
IbLCW Of roan 5011d &PAU D10slon is pleased to submit the following proposal:
I )
Signed Cover letter
2)
Signed Binding offer
3)
Signed Competitive Sealed Bid form
4)
Specifications
5)
Contract Price
6)
License — Not applicable
7)
Financial
8)
Refa cakes
9)
Warranty
10)
Appendix
The encl" is afagp offer and the undersigned has the authority to bind the company.
It
moven rotumn 11 Kevin HandeEin
Superintendent oftolid W e Division Foreman
(406) 582 -3238 (446) 582 -3236
Mhnson(@bozenun.net khandel' bozeman.net
GALLATIN COUNTY
REQUEST FOR COMPETITIVE SEALED BID
FOR
Providing Rolf -off Containers and Hauling of Roll -Off Containers and Stationary
Compactor with Collected waste at t he Bozeman Convenlsnce Site (BCS) to the
Logan Landfill for Disposal
INTRODUCTION
TO ALL INTERESTED VENDORS: Gallatin County is seelang competitive sealed
bids from Vendors to provide work, services and /or goods described in accordance with
the specifications on Exhibit "A" attached and incorporated by reference.
DELIVERY DEADLINE & INSTRUCTIONS
In a sealed box or envelope with company name shown dearly on the outside,
addressed and delivered to: "COMPETITIVE SEALED BID FOR THE GSWMD
HAULING AND PROVIDING ROLL -OFF CONTAINERS AT THE BOZEMAN
CONVENIENCE SITE TO THE LOGAN LANDFILL FOR DISPOSAL SOLICITATION
JANUARY 2411." Gallatin County perk and Recorder, 311 West Main Room 203,
Bozeman, MT 59715' NO LATER THAN: 4 :40 PM, Mountain Time, 10"' day January,
2011. BIDS THAT ARF unrgnNFn n R Al Ii2AlEMMn 0WVrn \4 TLI , m� A ,
CONTACT INFORMATION
Requests for additional information or clarification: Contact: Procurement &
Facilities Manager do Nick Borzak, 311 W. Main Street, Bozeman, MT 59715,
nick.borzak@gailefin.mt.gov
AMENDMENTS TO REQUEST FOR BID
Any Interpretation or oomection of this Request for Competitive Sealed Bids
"CSB" will be made by written addendum sent to all Vendors that have submitted a
conforming bid within the deadline and that have not been elirriinated from the selection
process by the Procurement & Facilities Manager.
BID OPENING
Sealed bids will be opened at a regularly scheduled public rneaft of the County
Commissioners at 9:04 AM, on Tuesday. January 11, 2011, at Gallatin County
Courthouse, 311 W. Main, Bozeman, Montana, or upon reasonable notice to the Vendors
or such other duly noticed public meeting.
BID FORM & CONTENTS
Deliver one (1) signed origtrial, plus five (5) copies prepped as follows:
Document
Minimum Information
1. Cover Letter.
Profile, name, address, location, phone number, email
address, contact persons.
2. Binding Offer.
State that the bid is a complete, legally binding offer and
(signed)
that the person signing the bid has the authority to bind
the company. Include a blank signature line for
acceptance by the County Commissioners.
3. CSB Form:
Request For Competitive Sealed Bid Form shall be signed
(signed)
and returned with bid.
4. Specifications:
Describe In detail work, services & goods as per Exhibit
"A".
3. Contract Now
Total price per pull for each event of picking up a roll off
box, replace with empty box, haul and dump full box at
Logan Landfill.
6. License:
Copy of License, Business Certificate.
7 . Financial:
Credit Rating & Report, AE BEST / Moody's, Experience &
Expertise, Insurance,
8. References:
3- references min. w/ contact info, photos, drawings, or
description of similar projects completed.
8. Warranty:
Provide copy of warranty terms & conditions.
10. Appendix:
Any additional information in support of bid.
SELECTION PROCESS
Gallatin County has adopted the Competitive Sealed Bid Procedure of Montana
Cade Annotated (MCA) § 184-301 - 304 of the `Montana Procurement Act" and
pertinent sections of the "Administrative Rules of Montana.* MCA § 184-303(2) and §
18- 4- 3D4(3) require "adequate" and "reasonable" time for public notice.
1. Evaluation. The Procurement & Facilities Manager will evaluate all conforming bids
for the lowest responsible bid price.
2. Rejection. Gallatin County expressly reserves the right, in its sole judgment, to
accept or reject any or all bids, with or without cause, and to waive any defects and to
allow modifications and supplementation of bids that are submitted within the
deadline.
3. Review. Procurement & Facilities Manager will review con forming bids for the
lowest responsible bid price as follows:
Criteria Percent
Lowed Responsible Bid Price 100%
4. Revisions. Vendors submitting bids will be accorded fair and equal treatment with
respect to opportunity for discussion and revision of bids, and such revisions may be
permitted, after submissions and prior to award for the purpose of obtaining best and
final bids.
5. Scoring & Elimination. After scoring all conforming bids based on the criteria
herein the Procurement & Facilities Manager may elirninate one or more or all
vendors from further review. Any Vendor(s) eliminated by the Procurement &
Facilities Manager, at any time, whether through scoring. Interviews. presentations,
or any other reason or selection process, shall have no opportunity to make revisions
or participate further in the selection process.
6. Interviews & Vendor Site Visit. After scoring & elimination the Procurement &
Facilities Manager may in his discretion select one or more or all vendors to
participate in Interview(s), make oral presentation(s), provide supplemental
information and documentation, or make site visit(s). The Procurement & Facilities
Manager may use this process for further elimination. All arrangements and
scheduling shall be coordinated by the Procurement & Facilities Manager or his
agent.
7. Confidential Negotiations. Prior to making any award the Procurement & Facilities
Manager may negotiate directly with the remaining vendor or vendors. to conducting
discussions and negotiations, there may be no disclosure of any Information derived
from competing bids. The Procurement & Facilities Manager shall comply with
resident bidder preference of § 18 -1 -102, MCA.'
BINDING OFFER
VENDOR'S BID CONSTITUTES A VALID LEGAL OFFER FOR IWDAYS.
VENDOR`S BID SHALL NOT BE WITHDRAWN WITHOUT THE CONSENT OF
GALLATIN COUNTY. Negligence, errors, mistakes or omissions In preparing the bid,
inkwmadon, documentation, costs, or calculations shall confer no right of withdrawal
after the submission deadline. Vendor bears all costs of preparing the bid and any
subsequent presentation or participation in the selection process,
MISTAKES ERRORS & OMISSIONS
Vendor shall disclose errors in costs, calculations or information "mistakes' in the
bid submitted as well as in any related contracts, agreements, estimates, change orders
or other documents_ In the event that County accepts any bid, related contracts,
agreements, estimates, change order or other documents containing mistakes the
vendor shall be obligated to correct mistakes that are adverse to the County and
4
shall have no right to enforce such mistakes against the County, except mistakes
that work In favor of the County shall be binding on the vendor.
CONTRACT FORM
Vendor agrees to accept & execute the attached county work & services
agreement that will be issued subject to minor, non- substantiw modifications or
changes only. Gallatin County reserves the right to require the vendor to execute such
further documents, contracts, agreements or forms as may be reasonably ne cessa ry to
express the intentions of the parties, or which may be recommended by the County
Attomey's office.
COUNTY RESERVATION OF RIGHTS
SUBMISSION OF A BID CONFERS NO RIGHTS UPON ANY VENDOR AND
SHALL NOT OBLIGATE GALLATIN COUNTY IN ANY MANNER WHATSOEVER.
GALLATIN COUNTY RESERVES THE RIGHT TO MAKE NO AWARD AND TO
SOLICIT ADDITIONAL BIDS AT A LATER DATE.
This Request for Competitive Sealed Bids may be canceled or arty or all bids
may be rejected In whole or in part. as specified herein, when it is in the best interests of
Gallatin County, and such reasons will be stated in the contract file. § 18- 4307, MCA-
NOTICE OF AWARD
'In the event an award is granted, then the contract file shaft contain the basis of
the award that shall be to the responsible and responsive Vendor whose bid best meets
the evaluation criteria and the resident bidder preference of § 18-1 -102, MCA.
Gallatin County shall provide written notice to the vendor that is selected based
on this RFB. If no vendor is selected, then a notice of no award shall issue. Gallatin
County shall not be bound unless and until the County Commissioners accept the Bid
by Resolution after a duly noticed pubic hearing, and the same has been executed,
recorded by the Clerk & Recorder of Gallatin County, and returned to the vendor_
AGREEMENT TO TERMS & CONDITIONS
THE UNDERSIGNED IS DULY AUTHORIZED TO BIND THE COMPANY
NAMED BELOW AND HEREBY AGREES TO L THE FOREGOING TERMS AND
CONDITIONS.
DATED: /— /Q — 2011 Cit :18azi'm
S: - -- - V - 6 - &iO �✓
(Print name A title)
5
ft of Bozeman's Froffle
The City of Bozeman, Solid Waste DMsion, has provided garbage collection service for
more than 50 years in Bozeman. Our staff's vast knowledge and expertise of collection
systems has allowed residential, commercial, roll -off and recycling opportunities to blossom
within communities. We are proud to offer the District the highest quality of service at the
Bozeman convenience site at a competitive rate.
The Solid Waste Division will be able to provide depth to the colt -offs located at the
Bozeman convenience site and evaluate ways to improve the level of service to the District.
The Division has 15 full time employees and four roll -off trucks. Sufficient time will be devoted
to this program to ensure quality service.
References
Lehrkinds Coca -Cola
Cindy Hamon
1715 N Rouse Ave.
Bozeman, MT 59715
{406) 586 -2029
Gallatin County Fairgrounds
Phil Hamel or Sue Shockley
901 N Blade Ave.
Bozeman, MT 59715
(446) 582 -3270
Rotherham Construction
Matt Lennon
240 Falcon Lane
Bozeman, MT 59718
(406) 451 -4164
MONTANA MUNICIPAL INTERLOCAL AUTHORITY
ENDORSEMENT FOR EMPLOYMENT PRACTICES
COVERAGE UNDER THE
MEMORANDUM OF LIABILITY COVERAGE
E,4tlrr cr& of Iceman
Onto Issued: July 1, 2010
Effective plates: Jury 1, 2010 through June 30, 20'11
In reliance on the representations made in the Entity's application for Employment
Practices Coverage, the Montana Municipal In terlocai Authority (Authority) agrees to
provide ooverage for the Entity named above arising out of Emp Iayment Practices, and
to pay on behalf of the Entity as follows:
Subject to the LIMITS OF LIABILITY, COVERAGE, DEFINITIONS, EXCLUSIONS,
CONDITIONS and other terms of the applicable Memorandum of Liability Coverage
(Memorandurn), the Authority agrees to ma ke such payments for which coverage is
provided under the applicable Memorandum on behalf of the Entity in the defense of an
Employment Practice Coverage claim.
As set forth in the Entity's Application for F-mployment Practices Coverage under the
MernorwWum, the undersigned Entity understands that this Endorsement for
Employment Practices Coverage is oontinge nt upon the Entity being In compliance with
the representations made by the Entity in its application at the time the application is
made and during the term of this Coverage.
L—
Montana Municipal 1ntedocal Authority
o-�_ u.bftPw= ,am ore.o Kim wne►r:+EFPCWEPcFndo xrwnph"EFM.do=
July t. 2040 WA EPU Endas�marR
MONTANA MUNICIPAL INTERLOCAL AUTHORITY
MEMORANDUM OF LNB1LiTY COVERAGE
Effective July 1, 2010
DECLARATIONS'
COVERED PARTY: City of sozeman
ADDRESS: PO Bon 1230
Bozeman, Montana 59771
DOCUMENT NUMBER: 1017RP
COVERAGE PERIOD: From 1201 A.M. Mountain day fight Time JtAy 1, 2010 to 12:01 AM.
Mountain Daylight Time July 1, 2011.
ENTITY DEDUCTIBLE: 112
DESCRIPTION: Coverage A
0m rage B
Coverage C
Covers" O
Coverage E
SECTIONS: Sermon 1
Section 2
Section 3
Section 4
Section 5
LIMIT$ OF LIABILITY: 1. LIMITS C
Gen" Liability
Public Officials Errors and Omissions
Employment PtacUoes
Employee Benefits liability
Land Use Practices
LIMITS OF LIABILffY for Coverage A and 8
LIMITS OF LIABILITY for Coverage C. D. and E
LIMITS OF LIABILITY for Non - monetary Claims
LIMITS OF LIABILITY for Damages not Subject to
Umb ions on Governmental Liability
Aggregate LIMITS OF LIABILITY
iF LIABILITY for Coverage A and B:
$TI ai= For each Claim for Damages that a COVERED PARTY
may be roq *red to pay pusent to the teens.
CONDITIONS, Iirnhadons. and EXCLUSIONS as set forth
in fie Memorandum of LuMity Coveraga effective ea of
July 1. 2010 ( Memorandum), or as may be amended
during the COVERAGE PERIOD.
$1,500,000 Aggregate Lire for for Damages that a
COVSJWD PARTY may be required to pay pursuant to
the terms, CONDITIONS, limilabons, and EXCLUSIONS
as set forth in the Memorandum of Liability Coverage
effective as of July 1. 2010 (Memorandum), or as may be
amended during the COVERAGE PERIOD.
' Wess otherwise defrnad hemK capitalized wards or phrases have the definition prvvidcd is the applicable
MemonwAurn of Liability Coverage.
2. LIMITS OF LIABILITY for Coverage C, D, and E:
ti500 For each Occurrence or series of continuous or repeated
Oopxrences In VAUch atone is one or more Chief for
Damages that a COVERED PARTY may be required to
pay pursuant to the terms, CONDITIONS, kWw4mw,. and
EXCLUSIONS as set forth In the Memorandum of Liability
Coverage effective as of July 1, 2010 ( Memorandwn), or
as may be amended during tine COVERAGE PERIOD.
3. LIMITS OF LIABILITY far Non - monetary Claims:
$100,000 For Defense Costs for each Bairn for rnon- monetary relief
for which a COVERED PARTY may be liable pursuant to
he terms, CONDITIONS. {Imitations, and EXCLUSIONS
as set forth in ft Memorandum of Limy Coverage
effective as of July 1, 2010 (Memorandum), or as may be
amended during the COVERAGE PERIOD.
$200.000 Aggregate Annual limit for Defense Costs for VA CWms
for non- monetary reW for vA*A a COVERED PARTY
may be liable pursuant to the tarrns. CONDMONS,
limitations. and OCCLUSIONS as sat forth in the
Memorandum of LWAty Coverage effective as of July f,
2010 (Memorandum), or as may be amended during the
COVERAGE PERIOD.
4. LIMITS OF LIABIUTY for Damages under Coverage A and B not
Subject to Limitations on Governmental LIabNity .
$12,500,000 For any Damages for wt>;cfr a COVERED PARTY is Ik"&
that are not subject to the timitaNOns an goveanxnentel
habiliily as set bM in Montana Code An notated. section 2-
9- 108 ("Stahrte') or any successor statute. eaw as a
matter of Iw by operation of the Statute, or by a final
judicial determination chat the Statub is inspOicabie or
otherwise invalid, these LIMITS OF LIABILITY apply
Pursuant to the farms. CONDITIONS. 6n Adons and
EXCLUSIONS as set forth in the Memorandum of Liability
Coverage effective ass of July 1, 2010 (Memorardusn) as
this document may be amended during the COVERAGE
PERIOD. Such Damages are subject to the Aggregate
LIMITS OF LIABILITY as set forth in Section 5.
5, Aggregate LIMITS OF LIABILITY Per Member En*y..
The following aggregate LIMITS OF LIA IUTY apply separatety per
Member Entity and are only appled when the Damages for each Claire or
each Occurrence exceed $2500.000. Each such application of an
aggregate LIMIT OF LIABILITY for Damages in excess of $2,500.000 for a
Claim or an Occurrence shall reduce the availletnle aggregate LIMIT OF
LIABILITY to the Member Entity. These aggregate LIMITS OF LMIUTY
are subject to the terms. C:ONDITlONS. limitations and EXCLUSIONS as
set forth in the Memorandum of UabdKy Coverage effective 93 of july 1,
2010 (Memorandum) or as this document may be amended during the
COVERAGE PERIOD.
:10,000.000 Products and Conrptetad Operations I. silty
$10, 0.000 Public 011icials Errors and Ornftlores UMirty
$10„ 000,000 Employment Pracbm Liab ty (Oefiefm Costs onty)
M000,000 Law Enforcement Uabifity
If an abnegate LIWT OF LABILFTY is e>daisted by a Member Entity,
then the LIMITS OF LWBIUTY for Coverage A and B are $2,500.000 for
each Chun or each Occxrence for Demepas ftt a COVERED PARTY
may be rWulmW lo pay pursuant b the teens, CONDITIONS. Iirnitafons,
and EXCLUSIONS as se! forth In the Msmorandrmr of Liability Coverage
81feChve as of Juty 1, 2010 (Memorandum) or as this document may be
amended during the COVERAGE PERIOD.
'The Law Enforcement Liability Aggregate strati ap* o* fo la0 rselatad
if wm and to orrly those Member Er>Ow that have ►ail buttes that are
greater than ovo atMemporary mss.
Cl %MMM Applicable Fonrts and ENWWSEMENTS:
(ENDORSEMENTS are applicable if attached and executed.)
EPLI X
Skateboard X
By Data: July 1, 2010
MONTANA MUNICIPAL l NTERLOCAL AUTHORITY
01. -Uighft PM9MMWIW0llldWA d CV- rMOVGdWgion $=IO- 2011ZWPOgr.W2010 -W201 1 FINM -dw
LEGAL DEBT LIMIT & BOND RATING
General Obligation Debt Limit:
The City's legal debt limit is established by state statute for General Obligation indebtedness.
Total general obligations may not exceed 2.5% of the City's total market value, as established
each August by the Department of Revenue {FYI 1 Total Market Value was $2 827 Billion )
As of June 30 2011. net outstanding General Obligation debt will be $4.342.000
2007 Law Change:
In the recent Legislative session, S8245 was adopted that changed the statutory debt limit
from 1 51% to 2.5% of Market Value This became effective July 1, 2007. This results in an
estimated Legal Debt Margin of $61.4 Million at the end of FYIO. and an estimated $66.3 Mil-
lion at the and of FYI
General Obligation Bond Rating:
The City's most recent general obligation bond rating was done in connection with the sale of
the Library G.O. bonds, Series #2 in 2003. Moody's rated that issue an 'A2', in the 'rnld -range
of the upper medium grade'. This is generally descnbed as 'Wong. investment grade' credit
by MOWS.
Revenue - backed Debt:
There remains no statutory cumulative limit on the amount of debt a city can issue that is
backed by the revenue streams of various operations, known as 'Revenue Bonds'. The city
plans to issue approximately $30 Million in revenue bonds for the construction of a new Waste
Water Treatment plant within the next three years, including approximately S1 OM in FY10
Special District Debt:
There is no statutory limit of the amount of debt a city can issue that is backed by assessments
from spacial improvement districts (including lighting districts) known as 'SID or SLID Bonds'.
Other Special District Debt is subject to specific limitations, set forth in statute In December
2007. the City issued $6 27 Million in Tax Increment Urban Renewal Revenue Bonds for the
Downtown Intermodal Parking f=acility This bond issue was initially rated BBB by Standard 8
Poor's. The rating was upgraded by Standard 9 Poor`s to BBB+ in the spring of 2010.
Legal Debt Limit—GO
June 30, 2010
Estimated June X 2011
$70,588,000
Statutory G.0 Debt Limit—
2.5% of Vakiation
$136.345,000
Less Outstanding GU
Bonds
($4 185.000)
(53.710.000)
Less' Loans Payable
(782,000)
(632.000)
Plus Fund Balances Reserved
for Debt Payment
Equals: legal Debt Margin
$61,378,000
566,346,000
^Woved Pudgct "I I 55 Cdy 1 fiwen ar. M mlkirr-