September 27, 2005
Sealed bids will be received by the City of Auburn, Alabama, until 2:00 p.m.., local time, Thursday, October 13, 2005 in the office of the City Manager, City Hall, Auburn, Alabama, and then publicly opened and read for furnishing the following:
Waste Activated Sludge Hauling
Specifications and instructions are attached. Bids must be submitted within a sealed envelope, delivered to City Hall or mailed, addressed to:
City Manager, City of Auburn
144 Tichenor Avenue, Suite 1
Auburn, AL 36830
Envelope must be plainly marked on the outside:
OPENING: 2:00 PM., Local Time
DATE: Thursday October 13, 2005
The City reserves the right to select the lowest responsible bid as the best interest of the City may require, to award the contract from any of the bids, to reject any and all bids, and to waive any informalities in those received. Bid will be good for ninety (90) days after being opened by the City of Auburn, Alabama.
The City of Auburn believes fully in equal opportunity in the provision of supplies, equipment, construction and services. Positive steps should be taken to assure those small businesses, minority businesses and women's businesses are given ample opportunity to provide the above-mentioned services when economically feasible. In the case of construction projects, the City of Auburn shall rely on individuals or firms seeking to do business with the City of Auburn to ensure that such above-mentioned businesses are given ample opportunity to participate on a sub-contractual basis.
The successful bidder is responsible for acquiring the appropriate business licenses and permits to conduct work in the City of Auburn.
A successful responsible bidder will note that the City pays by invoice on each Friday of the month. Invoices must be received by accounts payable at least seven working days before the scheduled check write. If you have any questions concerning billing, contact our accounts payable office at (334) 501-7237 or 501-7238.
Before the bid is awarded, the Contractor will be required to provide certificates of insurance showing that the Contractor carries, or has in force, automobile liability insurance, general liability insurance, workers’ compensation insurance and pollution liability insurance. Limits of liability for automobile liability insurance shall be, at a minimum, $1,000,000 combined single limit. Limits of liability for general liability insurance shall be, at a minimum, $1,000,000 per occurrence, $1,000,000 personal and advertising injury, $1,000,000 general aggregate and $1,000,000 products/completed operations aggregate. Workers’ compensation insurance shall provide statutory workers’ compensation benefits for employees working in Alabama and employers’ liability coverage with limits of, at a minimum, $500,000 each accident, $500,000 disease – each employee and $500,000 accident, $500,000 disease – policy limit. Limits of liability for pollution liability insurance shall be, at a minimum, $1,000,000 per occurrence and $1,000,000 aggregate.
The certificate of insurance shall provide the City with thirty (30) days written notice of cancellation of any of the coverages named in said certificate. The City of Auburn will be shown as additional insured under the Contractor’s general liability insurance policy, automobile insurance policy, and pollution liability insurance policy for the work to be performed.
The Contractor shall require certificates of insurance from subcontractors. Subcontractors will carry limits of insurance equal to or greater than those carried by the Contractor. These certificates shall be made available to the City prior to the Letter of Notice to Proceed being given.
At City’s discretion, Contractor may be required to have in force higher limits than amounts mentioned above and/or broader coverage than normally carried by the Contractor. The Risk Manager, D’Arcy Wernette at (334) 501-7243, can answer questions concerning insurance coverage.
CITY OF AUBURN
Karen S. Broome
Purchasing Officer
The purpose of this invitation to bid is to establish a contract with a vendor that will provide the City of Auburn with the transporting of Waste Activated Sludge from the Northside Water Pollution Control Facility to the H. C. Morgan Water Pollution Control Facility.
The City of Auburn will provide for any pumps and a connection for the hauler to load the tanker at the Northside WPCF and will make provisions necessary for unloading the liquid waste activated sludge at the HC Morgan WPCF.
The following are the specifics of the project:
1. The volume to be transported will average approximately 90,000 gallons per week.
2. All work shall be performed between the hours of 7am to 5pm each weekday and preferably
not on the weekends.
3. Quote will encompass the contractor supply his own truck, trailer, personnel, fuel, and vehicle
maintenance.
4. Contractor will comply by all City, State, and Federal Transportation Regulations.
5. Length of contract will be one (1) year
Vendor acknowledges that the City is procuring such goods/services for the benefit of the public. Vendor agrees, in support of public good purposes, to consider the City as the customer of first priority and shall make its best effort to provide the City requested goods/services in as timely a manner as practicable.
A. Term of Contract: The State of Alabama Competitive Bid Law 41-16-3, Code of Alabama states that contracts for personal goods or contract services shall be for periods of (3) three years or less. Should any subsequent amendment to the competitive bid law allow for any additional periods of time, the City of Auburn shall reserve the right to extend this contract to the maximum amended period if both parties agree.
B. Contract: The request for proposals, vendor's offer of proposal, the acceptance of the proposal whether in part or whole and letter of award to the successful vendor shall constitute a contract unless otherwise noted.
C. Successful vendor shall immediately, upon notice of award, proceed to secure any equipment and disburse any information or data necessary to proceed with the execution of the contractual services of its proposal.
D. Termination: Termination will take place by a 30 day written notice in whole or part if the vendor fails to perform adequately the services, terms or promises vendor proposed in their response to RFP.
E. Non Availability of Funds: If monies are not appropriated or otherwise made available to support continuation of performance in subsequent fiscal period the contract may be canceled.
F. Price Adjustment: Documented requests for price increases will be reviewed after one year. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of proposal. Vendor must give a written notice of price increase. Vendor must also offer likewise any price reduction.
A. Applicable Law: The contract shall be construed and governed in accordance with the laws of the State of Alabama. All actions whether sound in contract or tort relating to the validity, construction, interpretation and enforcement of this contract shall be instituted and litigated in the courts of the state of Alabama, located in Lee County, Alabama and no other. In accordance therewith, the parties to this contract submit to the jurisdiction of the courts of the state of Alabama located in Lee County.
B. Severability: Should any provision of this contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this contract.
C. Certificate of Insurance: Vendor shall provide a certificate of insurance according to instructions in proposal letter. This letter shall be provided within ten (10) days after award.
D. Force Majeure: No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure; meaning any act of God, storm, fire, casualty, work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
E. Contract Changes/Modifications: The scope of services set forth in this proposal may be reduced, modified or expanded beyond the limits of this proposal by written contract modifications executed by the City of Auburn and the proposer. In the event that the City of Auburn requires the vendor to undertake work not identified in and beyond the scope of services this proposal may be amended in writing to incorporate such services and compensation as are mutually agreed upon.
F. Non Collusion: The proposer guaranteed that the proposal submitted is not a product of collusion with any other proposer and no effort has been made to fix the proposal price of any proposer or to fix any overhead, profit or cost elements of any proposal price. An affidavit of non-collusion form is included and must be signed and submitted with proposal.
G. Tax Exemption: The City of Auburn is exempt from payment of all federal, state and local taxes in connection with the purchase of property. Said taxes must not be included in the price proposal.
Notice of award shall be given when the City Council authorizes award. The City will also post an award notice on the Web site or provide a written notice to unsuccessful bidders.
SAMPLE
CONTRACT
THIS AGREEMENT made and entered into by and between ____________________________
_______________________Hereinafter called the CONTRACTOR and the City of Auburn, Alabama,
WITNESSETH:
That the CONTRACTOR, for the consideration fully set out hereby agrees with the CITY as follows:
1. That the CONTRACTOR shall furnish all materials and perform all of the work in the manner and form as provided by the following Request for Proposal, which is attached hereto and made a part hereof, as if fully contained herein:
IN WITNESS THEREOF the parties hereto have executed this agreement on the day and date written below in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract.
Made and entered into this_________day of ______________ 2002.
________________________
CONTRACTOR
WITNESS TO CONTRACTORS SIGNATURE: ________________________
________________________
ADDRESS
________________________
CITY, STATE
________________________
TELEPHONE NUMBER
SEAL THE CITY OF AUBURN, ALABAMA
A Municipal Corporation
ATTEST:
___________________________
ITS CITY MANAGER
BY: ___________________________________
ITS MAYOR