THE CITY OF BRENTWOOD 2348 Brentwood Blvd. Brentwood, MO 63144 REQUEST FOR PROPOSAL FOR ROLL OFF DUMPSTER SERVICES 2013-2014 THIS IS NOT AN ORDER 1
CITY OF BRENTWOOD NOTICE FOR PROPOSAL City of Brentwood ROLL OFF DUMPSTER SERVICES Notice is hereby given that sealed bids for the City of Brentwood Roll Off Dumpster Services will be received by the City Clerk Administrator at city hall, 2348 Brentwood Blvd., Brentwood MO 63144, until 10:00 a.m. Thursday September 26, 2013. The Bids will be publicly opened and read on the same day at 10:15 a.m. All bids shall be made in duplicate on the printed forms found in the contract documents. Bids must be submitted in a sealed envelope marked City of Brentwood Roll Off Dumpster Services. Bid documents are available for pickup on or after Tuesday September 3, 2013 at Brentwood Public Works, 8330 Manchester Rd. Brentwood MO, 63144 or on line at brentwoodmo.org. The City of Brentwood hereby reserves the right to reject any and all bids, to waive any informalities in the bids received, and to accept the bid or bids that in its judgment will be in the best interest of the City of Brentwood. Office of the City Clerk Administrator 2
Description The City of Brentwood is receiving sealed bids for ROLL OFF DUMPSTER SERVICES specified on the Bid Schedule. Two (2) hard copies of the bids must be sealed and received in the Office of the City Clerk by 10am on September 26, 2013. Faxed or emailed bids will not be considered. The date and time received as noted on each bid by the City shall be final and conclusive evidence of the timeliness of each bid received. Opening Location The Bids will be opened 10:15 am on September 26, 2013 in the Brentwood City Hall located at 2348 Brentwood Blvd., Brentwood, MO, 63144. All bidders or their representatives are invited to attend the Bid opening. Bid Delivery Requirements Any Bids received after the stated time and date will not be considered. It shall be the sole responsibility of the bidder to have their Bid delivered to the Brentwood Public Works Department for receipt on or before the due date and time indicated. If a Bid is sent by U.S. Mail, the bidder shall be responsible for its timely delivery. Bids delayed by the mail shall not be considered, shall not be opened, and shall be rejected. Bids sent by email will not be accepted. Sealed and Marked If sent by mail, two original signed Bid shall be submitted in one sealed package, clearly marked on the outside of the package. City of Brentwood City Clerk Administrator Roll Off Dumpster Services Proposal 2348 Brentwood Blvd Brentwood, MO 63144 Legal Name and Signature Bids shall clearly indicate the legal name, address, and telephone number of the bidder (company, firm, corporation, partnership, or individual). Bids shall be manually signed. The signer shall have the authority to bind the company to the submitted Bid. Failure to sign the Bid shall invalidate same, and it shall not be considered for award. Corrections No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the Bid. Clarifications Any inquiries or suggestions concerning interpretation, clarification, or additional information pertaining to the Bid shall be made through Public Works Project Manager Ben von Harz in writing or through email at bvonharz@brentwoodmo.org. 3
The City of Brentwood Public Works Department shall not be responsible for oral interpretations given by any City employee representative, or others. Contract Period and Effective Date The initial Contract term shall commence upon final execution of the contract by the City and shall expire THREE (3) years from that date and shall have the option of two (2) ONE (1) year extensions. The contract shall be contingent upon annual appropriation by the Board of Aldermen of the City of Brentwood. Expenses All expenses for making Bids to the City are to be borne by the bidder. Irrevocable Offer Any Bid may be withdrawn up until the due date and time set for opening of the Bid. Any Bid not so withdrawn shall, upon opening constitute an irrevocable offer for a for a minimum period of 90 days to sell the City the goods or services set forth in the Bid, until one or more of the Bids have been accepted by the City. Responsive and Responsible Bidder To be responsive, a bidder shall submit a Bid which conforms in all service respects to the requirements set forth in the invitation for Bid. To be a responsible bidder, the bidder shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will ensure goof faith performance. The lowest responsible bidder shall mean the bidder who makes the lowest Bid to sell goods or services of a quality which conforms closest to the quality of goods or services set forth in the specifications or otherwise required by the City and who is known to be fit and capable to perform the Bid as made. Reserved Rights The City reserves the right to make such investigations as it deems necessary to make the determination of the bidder s responsiveness and responsibility. Such information may include, but shall not be limited to: current financial statement, verification of availability of equipment and personnel, and past performance records. Collusion By offering a submission to this invitation for Bid, the bidder certifies the bidder has not divulged, discussed, or compared the Bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Non Collusion Affidavit is attached to bid documents and must be completed and submitted with bid documents. Liability and Indemnity In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City s gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. 4
The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due any employees in rendering services pursuant to this agreement or any subcontract, including payment of reasonable attorney s fees and costs in the defense of any claim made under the Fair Labor Standards Act, the Missouri Prevailing Wage Law or any other federal or state law. Insurance The insurance specifications shall meet the following minimum credentials: Workers Compensation and Employers Liability (E.L. Each Accident) General Liability General Aggregate $2,000,000.00 Product, Completed Operations Aggregate $2,000,000.00 Personal injury $1,000,000.00 Each Occurrence $1,000,000.00 Fire Legal Liability Damage $100,000.00 Medical Expense $10,000.00 Automobile Liability Combined Single Limit $1,000,000.00 Excess Liability Each Occurrence $1,000,000.00 Aggregate $2,000,000.00 Disease, Policy Limit $500,000.00 Disease, Each Employee $100,000.00 The successful contractor must provide a Certificate of Insurance and Endorsement satisfactory to the City naming the City of Brentwood as additional insured. This certificate shall remain in force for the length of the contract and extensions. The City shall be given (30) days written notice prior to cancellation. Prices Bid Give both unit price and extended total. Price must be stated in units of quantity and specified in the bidding specifications. In case of discrepancy in computing the amount of the Bid, the unit price of the Bid will govern. Discounts Any and all discounts except cash discounts for prompt payments must be incorporated as a reduction in the Bid price and not shown separately. The price as shown on the Bid shall be the price used in determining award(s). 5
Deviations to Specifications and Requirements When bidding on an or equal, Bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data, and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. All deviations from the specifications must be noted in detail by the bidder. Any deviation from the specifications as written and accepted by the City may be grounds for rejection of the material and/or equipment when delivered. Quality Guaranty If any product delivered does not meet applicable specifications or if the product will not produce the effect that the bidder represents to the City, the bidder shall pick up the product from the City at no expense. Also, the bidder shall refund the City any money which has been paid for same. The bidder will be responsible for attorney fees in the event the bidder defaults and court action is required. Quality Terms The City reserves the right to reject any or all material if, in its judgment, the item reflects unsatisfactory workmanship, manufacturing, or shipping damages. Tax-Exempt The City is exempt from sales tax and Federal Excise Taxes. Awards As the best interest of the City may require, the right is reserved to make awards by item, group of items, all or none or a combination thereof; to reject any and all Bids or waive any minor irregularity or technicality in Bids received. Awards will be made to the Bidder whose Bid (1) meets the specifications and all other requirements of the Invitation for Bid and (2) is the lowest and best Bid, considering price, delivery, responsibility of the bidder, and all other relevant factors. Regulations It shall be the responsibility of each bidder to assure compliance with OSHA, EPA, Federal, State of Missouri and City rules, regulations, or other requirements, as each may apply. Termination of Award Any failure of the bidder to satisfy the requirements of the City shall be reason for termination of the award. Any Bid may be rejected in whole or in part for good cause when in the best interest of the City. Royalties and Patents The successful bidder(s) shall pay all royalties and license fees for equipment or processes in conjunction with the equipment being furnished. Bidder shall defend all suits or claims for infringement of any patent right and shall hold the City harmless from loss on account or cost and attorney s fees incurred. 6
Budgetary Constraints The City reserves the right to reduce or increase the quantity, retract any item from the Bid, or upon notification, terminate entire agreement without any obligations or penalty based upon availability of funds. Affidavit for Service Contracts The Bidder represents, in accordance with RSMO 285.530.2 that they have not employed, or subcontracted with, unauthorized aliens in connection with the scope of work to be done under the Bid and agrees to provide an affidavit to the City of Brentwood affirming that they have not, and will not in connection with the Bid, knowingly employ, or subcontract with, any person who is an unauthorized alien. Affidavit of Work Authorization RSMo.285.530 form is attached to the bid documents and must be completed and submitted with bid. Inspections and Acceptance No item(s) received by the City pursuant to this contract shall be deemed accepted until the City has had reasonable opportunity to inspect the item(s). Any item(s) which are discovered to be defective or which do not conform to any warranty of the Seller upon inspection may be returned at the seller s expense for full credit or replacement. If at a later time, the defects were not ascertainable upon the initial inspection may also be returned at the Seller s expense for full credit or replacement. The City s return of defective items shall not exclude any other legal, equitable or contractual remedies the City may have. Definitions Household Waste shall mean any and all accumulations of waste material from the operation of a home. Household waste shall include all bulky wastes, yard toys and building material waste from residential projects. Yard Waste shall mean any and all accumulations of grass, leaves, branches, shrubs, vines, trees, tree stumps, and other similar items generated by the City and homeowner s maintenance of lawns, shrubs, gardens and trees. 7
Company Name: Roll Off Dumpster Services Bid Schedule Date: Mayor and Board of Alderman In accordance with the advertisement inviting bids for ROLL OFF DUMPSTER SERVICES for the City of Brentwood, subject to conditions and requirements of the contract and scope of work, including Addenda # s and, hereto attached, which so far as they relate to the bid, are made a part of it, the undersigned here will propose to begin the specified pricing upon receipt of notice to proceed, the following prices: Description Unit Cost Total Cost 20-Cubic Yard Roll Off Dumpster Initial Delivery and Removal: Each x1 Each Household Items Disposal Cost (all inclusive): Each x1 Each Yard Waste Disposal Cost (all inclusive): Each x1 Each Festival Waste Disposal Cost (all inclusive) Each x1 Each Weekly Rate: / Week x1 / Week Fuel Surcharge: Each x1 Each 30-Cubic Yard Roll Off Dumpster Initial Delivery and Removal Each x1 Each Household Items Disposal Cost (all inclusive) Each x1 Each Yard Waste Disposal Cost (all inclusive) Each x1 Each Festival Waste Disposal Cost (all inclusive) Each x1 Each 8
Weekly Rate: / Week x1 / Week Fuel Surcharge: Each x1 Each 40-Cubic Yard Roll Off Dumpster Initial Delivery and Removal Each x1 Each Household Items Disposal Cost (all inclusive) Each x1 Each Yard Waste Disposal Cost (all inclusive) Each x1 Each Weekly Rate: / Week x1 / Week Fuel Surcharge: Each x1 Each Total Roll Off Dumpster Services Cost: Total Roll Off Dumpster Services Cost in Words: Dollars Authorized Signature: Date: Title: 9
THE CONTRACT DOCUMENTS: The Advertisement, Information for Bidders, the Specifications, including Addenda Nos.,, and, the Bid, and together with this Agreement, form the Contract. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written in three (3) counterparts, each of which shall, for all purposes, be deemed an original. CITY OF BRENTWOOD MISSOURI (Owner) By (Pat Kelly, Mayor) ATTEST (Bola Akande, City Administrator) (Contractor) By ATTEST: (Title) 10
Affidavit of Work Authorization Comes now (name) as (office held) first being duly sworn, on my oath, affirm (company name) is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the City of Brentwood Roll Off Dumpster Services for the duration of the contract, if awarded in accordance with RSMo Chapter 285.530 (2). I also affirm that (company name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services related to the City of Brentwood Roll Off Dumpster Services for the duration of the contract, if awarded. In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo). Signature Title Printed Name Date Subscribed and sworn to before me the day of. I am commissioned as a notary public within the county of, State of, and my commission expires on. Signature of notary Date 11
Non-Collusion Affidavit NCA-1 being duly sworn in oath deposed and states: That in connection with this procurement, a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor; b. The prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening directly or indirectly to any other bidder; or to any competitor; and, c. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. The undersigned further states: a. He is the person in the bidders organization responsible within that organization for the decision as to the prices being bid herein and that he has not participated, and will not participate, in any action contrary to (I) (a) through (I) (c) above. b. He is not the person in the bidder s organization responsible within that organization for the decision as to the prices being bed herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (I) (a) through (I) (c) above, and as their agent does hereby so certify; and he has not participated, and will not participate in any action contrary to (I) (a) through (I) (c) above. The Contractor hereby attests to their intent to comply with the American with Disabilities Act. (ADA). It is expressly understood that the foregoing statements, representations, and promises are made as a condition to the right of the bidder to receive payment under any award made hereunder. For Corporations (NAME, INDICATE IF CORPORATION, PARTNERSHIP OR SOLE PROPRIETOR) (Corporate Seal) (OFFICE HELD IN BIDDER ORGANIZATION) ATTEST: By Subscribed and sworn to before me this day of, 20 My commission expires on: Notary Public 12