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HomeMy WebLinkAboutResolution - 2000-R0258 - Contract For Sale - Jarvis Metals Recycling - Scrap Metal And Plastic - 07/27/2000Resolution No. 2000-80258 July 27, 2000 Item No. 35 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for sale of scrap metal and plastic -annual pricing, by and between the City of Lubbock and Jarvis Metals Recycling of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of July , 2000. PA� .Lei 1 o 14 • •' A Darnell City APPROVED AS TO CONTENT: Victor Kilman, Purchasing Mailager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney gs/ccdocs//JarvisMetalsRecycling.res July 12, 2000 Resolution No. 2000—RO258 July 27, 2000 Item No. 35 METAL RECYCLING CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract"), effective as of the 27th day of July, 2000, (the 'Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and Jarvis Metals Recycling ("Contractor"). WITNESSETH WHEREAS, the City desires to sell scrap metal material for the purpose of recycling same; and WHEREAS, Contractor has a professional staff experienced and is qualified to purchase scrap metal material and operate a facility for recycling same; and WHEREAS, the City desires to contract with Contractor for the sale of scrap metal material and operation and maintenance of a facility for recycling same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. The term may be extended for up to one (1) additional one (1) year term with the written consent of both parties. ARTICLE II. PRICING Pricing for each category of scrap metal will be based on Nonferrous Scrap Prices and Scrap Iron & Steel Prices listed in The American Metals Market, a daily publication, and will be allowed to fluctuate with the market. The base price paid for each delivery will be the Southwest Market High per gross ton on the day of scrap delivery. The net price paid to the City will be calculated by multiplying the high base price per gross ton by the percentage bid of the 1 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 1 of 9 successful bidder. The City has the right to have a City representative witness the weighing of scrap materials at the third party public scale. A copy of the scrap prices page, a copy of the certified weight ticket and a copy of the purchase ticket upon which the purchase price is calculated must be furnished as identification of payments to the City within thirty (30) days from the date of the pickup. Each payment must note that it is for the purchase of Scrap Metal goods from the City. ARTICLE III. PAYMENT A. The Contractor shall pay the City a net price calculated by multiplying the high base price per ton by the percentage bid of the Contractor. B. Payment for recycling materials is due to the City within thirty (30) days from the date of delivery or pick-up. ARTICLE IV. TERMINATION In the event the Contractor breaches any term and/or provision of this Contract, the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, immediate termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms therof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in operating and maintaining a recycling facility, and are 2 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 2 of 9 familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to operating and maintaining a recycling facility, as contemplated hereby. If any of the activities of Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. ARTICLE VI. SCOPE OF WORK A. General. Contractor shall operate and maintain a recycling facility that shall take the City's recyclable scrap metal material (see Exhibit "A" attached to and incorporated herein by reference as if fully set forth herein), store and prepare the recyclable materials for shipment to a vendor in the business of purchasing such recyclable materials, make arrangements for a vendor to purchase the recyclable materials and ship the recyclable materials to the vendor. B. Transporting Recyclables. The City shall transport the recyclable materials from the city Landfill and any Drop-off Recycling sites. The Contractor shall transport the recyclable materials from the City Warehouse. C. Transporting Equipment. The City shall use City vehicles and City equipment (roll -off containers) in transporting the recyclable materials from the City Landfill and any Drop- off Recycling sites. The Contractor shall use Contractor vehicles and Contractor equipment (roll -off containers) in transporting the recyclable materials from the Warehouse. D. Location. Contractor shall accept or pick-up as indicated and store the recyclable materials in an enclosed facility located in Lubbock, Texas. E. Hours of Operation. Contractor shall be prepared to receive or pick-up, as indicated, recyclable materials Monday through Friday from 8:00 a.m. to 5:00 p.m. daily. F. Monthly Report. Contractor shall submit to the city a Monthly Recycling Activity Report (as described in Exhibit `B" hereof) detailing the type and weight of recyclable material that has been received or picked -up, prepared for shipment and shipped to vendors. In addition, each entry should indicate what site the materials is coming from and indicate if the load was delivered by City or picked -up by Contractor. Copies of purchase tickets shall be attached to the Monthly Recycling Activity Report. The Monthly Recycling Activity Report is due to the city no later than the third business day of each month. 3 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 3 of 9 G. Storage. Contractor shall ensure that all recyclable material that is received or picked -up as indicated is properly stored. All recyclable material shall be stored in such a manner that it is protected from the effects of wind and weather. The recyclable material shall be segregated in such a manner that the recyclable material remains free from contamination that would make the materials unacceptable to a vendor. H. Shipment. Contractor shall ship recyclable materials to a vendor when there is an economical quantity available for shipment and it is acceptable to the vendor. I. Backlog. Contractor shall ensure that the recyclable material is prepared and tagged for shipment to a vendor and is not allowed to accumulate at the recycling facility unprepared and untagged. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE VIII. INSURANCE A. General. Contractor shall procure and carry, at its sole cost and expense through the life of this Contract insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of A:Vll. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All insurance, other than Workers' Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. B. Required Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. 1. Worker's Compensation. Contractor shall maintain Workers' Compensation and Employer's Liability insurance coverage as required by statute or coverage approved by the City Risk Management Coordinator. 4 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 4 of 9 2. Commercial General Liability. Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, independent contractors' and completed operations. The policy shall have a minimum of Five Hundred Thousand and no/100 Dollars ($500,000) combined single limit in the aggregate and per occurrence. 3. Commercial Automobile Liability. Contractor shall maintain Commercial Automobile Liability coverage with a minimum of Five Hundred Thousand and no/100 Dollars ($500,000) combined single for Bodily injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. C. Subcontractors. Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. ARTICLE IX. EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit of the City and Contractor and naming said third parties as additional insureds, insurance as described above in this Contract. ARTICLE X. CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 5 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 5 of 9 ARTICLE XI. INDEMNITY Contractor shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of Contractor, its agents or employees, in the execution of this Contract. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from Contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand. (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery). or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. are: B. Contractor's Address. Contractor's address and numbers for the purposes of notice Jarvis Metals Recycling Attn: Steve Bruster PO Box 1943 7825 Peach Avenue Lubbock, Texas 79408 Telephone: (806) 744 - 7091 Facsimile: (806) 744 - 0909 6 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 6 of 9 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Wayne Geilhausen P.O. Box 2000 302 Municipal Drive Lubbock, Texas 79457 Telephone: (806) 775 - 2478 Facsimile: (806) 775 - 3013 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE IXX. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by Contractor D. Reports. Contractor will be required to provide monthly activity reports no later that the third business day of each month, to the City of Lubbock Solid Waste Department. The monthly report must contain a weight ticket tonnage by each type of material. E. Assignability. Contractor may not assign this Contract without the prior written approval of the City. F. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. G. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF 7 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 7 of 9 LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. H. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent Jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. I. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by Contractor and City. J. Entire Agreement. This Contract including Exhibit "A" and "B", contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. CIT OF LUBBOCK CIT ljhv -- WINDY SIftON, MAYOR A 1, City Secretary CONTRACTOR 8 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 8 of 9 APPROVED AS TO CONTENT: Vance Kem r Solid Waste Supintendent APPROVED AS TO FORM: M. Knight Assistant City Attorney JMK:cp Cityatt/John/RecyclableSale.Contract December 28, 1999 9 Metal Recycling Contract City of Lubbock & Jarvis Metals Recycling Page 9 of 9 Resolution No. 2000-R EXHIBIT A The following types of recyclable materials (as per ITB #00-106) shall be delivered by City to Contractor's recycling facility or picked -up by the Contractor. SCRAP METALS: • Bare Copper • Insulated Copper • Brass • Dirty Aluminum • Aluminum Cans • Tin • Iron • Steel