________________________________________________________________________________________

Administrative Services                                                                                                Phone: (575) 396-8521

100 North Main, Suite 11                                                                                                             Fax:      (575) 396-5684

Lovington, NM 88260                                                                                              e-mail:    kmclaughlin@leacounty.net

LEGAL NOTICE OF INVITATION FOR BIDS

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES –

CLEAN-UP & WASTE HAULING – AS-NEEDED

LEA COUNTY

BID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

The Lea County Commissioners will receive sealed bids in the Conference Room, First Floor, Courthouse, Lovington, New Mexico, for Contract Services -- Clean-Up & Waste Hauling - As-Needed.

The Invitation for Bids and all related information may be obtained from Lea County’s web site at www.leacounty.net or by contacting the Administrative Services Department, Lea County Courthouse, 100 N. Main, Suite 11, Lovington, New Mexico 88260-4030, (575) 396-8521.

                                                                                        Gary Schubert, Chairman

Hobbs News Sun                                                      Aug. 7, 2008

TERMS AND CONDITIONS

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDEDLEA COUNTYBID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

1.       The Terms and Conditions will form part of the contract between the County and the successful bidder. Failure to comply with all of the Terms and Conditions may subject the bid to rejection.

2.       All bids will be sealed, addressed and delivered by 3:00 p.m. (Local time) on AUGUST 25, 2008 to: The Administrative Services Department, 100 North Main, Suite 11, Lovington, New Mexico 88260-4030. Please mark the outside of the envelope "Bid # 8". It is the bidder's responsibility to see that the bid arrives on time. Late bids, FAXes, telegrams or telephone bids will not be accepted.

3.       Each bidder is to submit its bid on the form provided. The form must be fully completed.

4.       All bids are FOB Lea County Courthouse, Lovington, New Mexico.

5.       The bid will exclude all State taxes. Nontaxable transaction certificates will be issued if requested.

6.       Any resident business registered with the State Purchasing Agent may list its Resident Certification Number.

7.       All bidders will be notified by letter of the Board's award.

8.       A multi-term bid is being sought. The County's payment and performance obligations for succeeding fiscal periods will be subject to the availability and appropriation of funds. Multi-term bids must have a provision allowing the County to terminate the agreement at will at any time, or at least to the end of each fiscal year, without penalty. There must be no "equitable or moral" duty to continue to make payments under the bid.

9.       Bid specifications indicate the minimum standard of quality, performance or other pertinent characteristics required. All services equal or exceeding these specifications will be considered. All options, variations or exceptions to specifi-cations must be listed.

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TERMS AND CONDITIONS

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDEDLEA COUNTYBID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

10.     In case of ambiguity in stating bid prices, the County reserves the right to adopt the most advantageous interpretation.

11.     The County reserves the right to waive technical irregularities in the form of the bid which do not alter price, quality or quantity, and to reject any or all bids when it is in the best interest of the County to do so.

12.     In signing this bid, the Vendor certifies that there has been no direct or indirect action in restraint of free competitive bidding in connection with this bid submitted to Lea County.

13.     In submitting this bid, the bidder represents the bidder has familiarized himself with the nature and extent of the Request for Bids dealing with Federal, State and local requirements which are part of this Request for Bids.

14.     The Lea County Procurement Policy and the New Mexico Procurement Code, 13-1-28 through 199, NMSA, 1978, will apply to this procurement and prevail over any inconsistent terms and govern all interpretations of contract documentation. In addition, criminal laws prohibit bribes, gratuities and kickbacks.

15.      This agreement is subject to New Mexico law, including but not limited to, the Procurement Code, the New Mexico Public Works Minimum Wage Act and all federal and state laws, rules and regulations pertaining to equal employment opportunity. The rights and obligations set forth herein are to be construed and interpreted according to said laws, regardless of whether they are expressly set forth herein. Should any provision herein be found to be legally unenforceable, it will not affect the legality or enforceability of the remainder of this contract, so long as the basic intent and object of this agreement is not undermined by the elimination of the objectionable provision(s).

The Contractor agrees to comply with state laws and rules applicable to workers' compensation benefits for its employees. If the Contractor fails to comply with the Workers' Compensation Act and applicable rules when required to do so, this agreement may be terminated by the contracting agency.

-Page 2 of 4-

TERMS AND CONDITIONS

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDEDLEA COUNTY

BID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

16.      It is expressly agreed and understood that the Contractor is not authorized to act as an agent of the County or to enter into any contract on behalf of the County. It is also acknowledged that the Contractor, its agents and employees, by virtue of award of this bid, are not entitled to any fringe benefits available to the employees of Lea County.

17.      The Contractor will save and hold the County harmless from all suits, actions, claims, losses and expenses, including attorney's fees brought on account of any injuries or damages sustained by any employee or person, including wrongful death, or damage to property as a result of any negligence, misconduct or omission by the Contractor or employee or agent thereof connected in any way with Contractor's performance under this Contract.

18.      The County’s policy on requests for copies of bid information is as follows:

           a.        Terms and Specifications are available at no charge to vendors who will be responding directly to bids or proposals. As soon as it is available after the opening date, a tabulation sheet of all bids will be available at $1.00 per page.

           b.        Submit a written request detailing what information you would like to receive.

           c.         There will be a charge of $1.00 per page by check or money order made

                       payable to Lea County at this address:

                                   Lea County

                                   Administrative Services Dept.

                                   100 North Main, Suite 11

                                   Lovington, NM 88260

                       The fee must be paid before the information is released.

           d.        Charges will apply to any sub-contractors requesting our mailing list. The sub-contractor may then contact vendors directly regarding information on the specifications.

19.      The County may prematurely terminate this Contract if the Finance Director judges that the Contractor has inadequately or unsatisfactorily met its obligation under this Contract. This agreement may be terminated by any party for cause upon 30-days written notice to the other participants in the contract. As used herein, the term "cause" will mean a material breach of the Agreement by a non-terminating party, or acts or conduct by a non-terminating party that substantially alters the terminating party's ability to benefit from this Agreement, which breach, acts, or conduct are not cured or remedied within the 30-day period following the giving of notice by the terminating party (which notice will detail the nature of the breach, acts, or conduct constituting the case for termination and specify the effective date of termination in the event such breach, acts, or conduct are not cured or remedied within 30 days following the giving of such notice).

-Page 3 of 4-

TERMS AND CONDITIONS

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDEDLEA COUNTYBID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

20.      The Contractor agrees not to assign this Contract, or any part thereof, to any other person or business entity, without first receiving prior written consent of the County. The Contractor is forbidden from using non-employees.

21.      Award of this bid incorporates all agreements and understandings between the County and the Contractor regarding the provision of services to the facilities named herein. No prior agreements or understandings, verbal or otherwise between the parties, will be valid or enforceable unless set forth herein.

22.      Award of the bid will not be altered, changed or amended except by an instrument in writing executed by the parties hereto.

23.      Upon award, the agreement between Contractor and the County will be governed by the laws of the State of New Mexico and enforced in the District Court of Lea County.

24.      According to state procurement regulations, any protest of the award must be submitted in writing within fifteen (15) days of written notice of award to:

                                               Finance Director

                                               Lea County Courthouse

                                               100 N. Main, Suite 11

                                               Lovington, NM 88260

-Page 4 of 4-

SPECIFICATIONS AND CONTRACTUAL TERMS

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDED

BID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

Term of Contract:

The term shall be for a period of one (1) year from date of award with the ability to extend the contract for successive one (1) year periods up to four (4) years TOTAL, if agreeable between Contractor and Lea County.

Scope of Work:

The bid shall be for as-needed clean-up and/or waste hauling of items such as old appliances, furniture, etc. at sites as indicated by County personnel, for the following areas (see attached map):

ACCEPTABLE MATERIALS AT CONVENIENCE CENTERS – See attached.

Items that are not accepted by the convenience centers will have to go to Eunice Landfill or other location that accepts that type of material.

Any related dumping fees will be reimbursed upon presentation of receipt with invoice.

Contractor will be expected to provide at least a pickup and trailer and must have access to a

dump truck & backhoe.

If specialized heavy equipment is necessary to complete the job, Lea County Environmental Department will make arrangements.

Time to perform projects:

Upon receipt of instructions from Lea County, contractor will complete the assigned clean-up within 24 hours.

SPECIFICATIONS AND CONTRACTUAL TERMS

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDED

BID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

Permits, Licenses, Registrations and Bonds:

Contractor will be required to provide all permits, licenses, registrations, and bonds as required by the County, including but not limited to: New Mexico Construction Industries Board, New Mexico Environment Department, New Mexico Department of Transportation, or any other department or agency involved in transportation or disposal of solid waste in the State of New Mexico.

Attach copy of Contractor’s License & any other licenses that would pertain to this bid.

Insurance:

Contractor will be required to carry:

           a)     General liability insurance in the amount of $1,000,000 per occurrence and

                    $2,000,000 aggregate.

           b)     Auto liability insurance in the amount of $1,000,000.

           c)     Workers’ Compensation Insurance as required by State Statute.

Lea County will be listed as co-insured on all policies and proof of coverage must be provided before work begins.

Award:

Due to the large area, these services may be awarded separately by Region.

Terms & Conditions incorporated herein by reference.

End of Specifications.

BID FORM

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDED

BID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

The product offered meets specifications:           Yes     No

If the products or services offered do not meet specifications, all exceptions or variations are set forth on the following page.

I have read and understand the Terms and Conditions and Specifications and Contractual Terms. I agree to comply with such and warrant that the products or services offered are as represented in this Bid Form.

___________________________________ _____________________________________

Signature                                            Name (Typed/Printed)

___________________________________ _____________________________________

Company                                          Position

___________________________________ ________________ _________________

Address                                            Telephone Number FAX Number

_____________________________________ ___________________________________

City, State, Zip                                                           Fed. Tax ID # / Social Security #

-Bid Form Page 1-

BID FORM

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDED

BID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

State of ___________________)

                                             )ss.

County of __________________)

____________________________________(name), being duly sworn, deposes and says that he/she

is _______________________(title) of __________________________(company) and all fore-

going questions and all statements herein contained are true and correct.

Subscribed and sworn to before me this _________ day of ___________________, 20____.

                                                                  _______________________________________

                                                                                        Notary Public

My commission expires:

_______________________

-Bid Form Page 2-

OPTIONS, EXCEPTIONS OR VARIATIONS

LEA COUNTY, NEW MEXICO

CONTRACT SERVICES --

CLEAN-UP & WASTE HAULING – AS-NEEDED

BID # 8 - (08-09)

DUE DATE: AUGUST 25, 2008 - 3:00 P.M.

Please state each and every option, exception, or variation to the specifications (if any) for the products or services offered. Please sign below and return with your offer.

THERE ARE OPTIONS, EXCEPTIONS OR VARIATIONS.______________________

Signature

THERE ARE NO OPTIONS, ETC. LISTED. The products or services offered on this Invitation to Bid, meet or exceed all Specifications, Terms and Conditions as described in said Invitation to Bid without exceptions. I understand products or services not meeting all Specifications, Terms and Conditions will be rejected and all costs will be borne by the seller.

                                                                           _______________________________

Signature

-Bid Form Page 3-