The URL can be used to link to this page

Home My WebLink AboutResolution - 4473 - Contract - Browning-Ferris Industries Inc - Processing & Marketing Recyclings - 04_28_1994Resolution No. 4473 Item #21 April 28, 1994 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 Processing and Marketing Recycled Commodities by and between the City of Lubbock and Browning -Ferris Industries, Inc., attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: ��c J_� C-11 - betty NY JjiinsonZO Secretary APPROVED AS TO CONTENT: Victor Kilm4 Purchasing Manager APPROVED AS TO FORM: C. Ross, Jr., City Attorney JCR:da/ccdocs/C-BF1.res April 20, 1994 Resolution No. 4473 THE STATE OF TEXAS CONTRACT FOR PROCESSING AND MARKETING RECYCLED COMMODITIES CITY OF LUBBOCK WHEREAS, the City of Lubbock heretofore solicited Request for Quotations pursuant to Bid No. 12926 for the processing and marketing of recycled commodities, a copy of which is attached hereto as Exhibit A and made a part hereof for all purposes; and WHEREAS, the best proposal for such services was made by Browning -Ferris Industries, Inc.; NOW THEREFORE: WITNESSETH: THIS, contract, made this 28th day of Apri I 1994, by and between the City of Lubbock, Texas, hereinafter called "City," and Browning -Ferris Industries, Inc., hereinafter called "BFI." 1. The City hereby hires BFI to perform the duties set forth in the Request for Quotations attached hereto as Exhibit A attached hereto and BFI hereby agrees to perform such duties as quoted. In the event of a conflict between the Request for Quotations Terms and Conditions or General Conditions and this Contract, this Contract shall control. A copy of BFI's proposal is attached hereto as Exhibit B for establishing the consideration to be paid by the parties hereto and said exhibit shall be valid for no other purpose. 2. Nothing herein shall be construed as creating the relationship of employer and employee between the City and BFI's employees. BFI shall be deemed at all times to be an independent contractor. In carrying out the terms of this contract, BFI shall select its own employees and such employees shall be and act under the exclusive and complete supervision and control of BFI. 3. BFI agrees to indemnify and hold the City harmless from any and all loss or damage and from all claims for injury, death, loss or damage of any kind or character, and by whomsoever suffered or occasioned by or in connection with the activities of BFI or its employees as a result of this contract. 4. BFI shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work. 61 Payments shall be made in accordance with the schedule contained in Exhibit A attached hereto. NJ The term of this contract shall be for a period of one (1) year and it shall be renewable annually for two additional years. The term shall commence upon the date of execution hereof. 7. If BFI defaults in the performance of any of its obligations hereunder and remains in default for thirty (30) days after receipt of a written notice of such default form the City, the City may declare this contract terminated immediately. 8. The laws of the State of Texas shall control with regard to the interpretation of this contract. 9. BFI shall not assign or sublet this contract without the prior written approval of the City. CONTRACT FOR PROCESSING AND MARKETING RECYCLED COMMODITIES — BFI Page 2 10, The City shall be entitled to inspect BFI's books and records during regular business hours of the City with regard to such matters as are relevant to this contract. Further, the City may require certification of the accuracy of the scales used by BFI as required, but not more than two (2) times per calendar year. BROWNING-FERRIS INDUSTRIES, IN ATTEST: ATTEST: &Z, AAC i� Betty A JohnsonVCity Secretary APPROVED AS TO CONTENT: Lee Ranikez, Solid Waste Superintendent APPROVED AS TO FORM: d G. andiver, First Assistant City Attorney DGV:aa/jcr1/C-BFl.aoo April 20, 1994 CONTRACT FOR PROCESSING AND MARKETING RECYCLED COMMODITIES — BFI Page 3 12926 �I 1 LU680CK TEXAS COPY TO: CITY OF LUBBOCK PURCHASING DEPARTMENT 1625 13th SL Room L-04 Lubbock. Texas 79401 (806) 767-2167 S ADDRESS CORRESPONDENCE OR QUEST;ONS TO DOLORES E. CHAVARRIA 806-767-2169 DATE 103/28/94 CLOSING GATE 04/12/94 v Riff TED REPLY DUE av 'EM NEED 3Y DATE QUFN iI+v C.O.L. STOCK UNIT I NUMBER UNIT PRICE 4MOUNT 1 1 'LT ITEM 12 MARKETING OF RECYICLABLE COMMODITIES 2 3,120 TN ITEM 4 PROCESSING OF RECYCLABLE COMMODITIES I 1. ITEM #4 - COST PER TON FOR THE AVERAGE COST PER TON FOR ALL RE YCL�ABLE COMMODITIES AS PER #1 OF THE "GENERAL" §ECT1ION OF THE SPECIFICATIONS FOR ITEMS ` AITEMAN 2.'#1 AAGE PERCENTAGE OF THE SALE VER OF RECYCLABLE COMMODITIES AS PER #1 OF T "GENERAL" SECTION OF THE) SPECIFICATIONS FOR ITEMS A B C D AND E IF ADDITIONAL PAGES ARE REQUIRED FOR FUR HEA 6EtAIL OF HOW THE AIVERAGE COST WAS DERIVED,PLEASE INCLUDE THESE ADDITIIONALIPAGES WITH THE BID. ALL STATED ANTiITIES ARE APPROXIMATIONS OF USAGE OR CONSUMPTJE N DURING THE TIME PERIOD T BE COVERED BY PRICING TABLISHED BY THIS BID. ACT= L USAGE OR CONSUMPTN MAY BE MORE OR LESS. ORD R QUANTITIES AND TIMES WI L B� DETERMINED BY ACTUAL ED. THE DETAILS �F IS REQUEST FOR QUOTATIO4 WILL BE OPEN TO DISCUSSIO DU ING A PRE-8ID CONFERENCETO BE HELD AT 10:OOAM OMY 04POFLTHEIMUNICIPALEBUI DINGIAT 1625 Bids must be soaud m an envompe and addressed: wren the RFQ No.andclosing aste on the outside of the anvuopa, h is the two resvon sifnllry of each bidder to insure the delivery of buds in accordance snth said closing date City of Lubbock Purchasing Mgr. and time Municipal Building The undoretgned hereby offers to furnish and deliver the goods or ssnncss as 11525 17th St. Rm. L-04 soeafiad above at the prices and terms stated and in strict accordant- wdt the Lubbock, Texas 79401 sDeuficanons and the terms and conditions on the reverts side hereof. oil of with are made a Part of this offer. AUTI-,ORIZED SIGNATLRE � TELEPHONE DATE ALL ITEMS SHOULD BE QUOTED PAYMENT TERMS SHIP 41A F.O.B. LUBBOCK FREIGHT —ERMS —ass — 1�r LUBBOC C TEXAS COPY TO: Ll TY OF LUBBOCK PURCHASING DEPARTMENT 1625 13th SL Room L-04 Lubbock, Texas 79401 (806) 767-2167 12926 =DORESS CORRESPONCENCE OR allEST10NS '0 DOLORES E. CHAVARRIA 806-767-2169 DATE 03/28/94 CLOSING CATE PRINTED I REPLY 'DUE BY 04/12/94 TEM NEED BY DATE r_ QUANTITY C.0 L. SOCK ,,NIT i u I AMOUNT NUMBER PRICE YOU MUST SI THUS FORM AND RETURN IT WITH YOUR BID. IDENTIFY THE ITEM BID, INCLUDING BRAND NAME AND MODEL NUMBER, IF A PLACABLE IN THE C.O.L. STOCK NUMBER COLUMN. ENTER UINIT AAD TOTAL PRICES IN COLUMNS PROVIDED. THE I THIS INFORM IONI IS ESSENTIAL TO QUALIFY YOUR BID - OMISSIONS MAIM RESULT IN BID REJECTION. PLEASE DIRECT i ANY QUESTION TOI THE BUYER NAMED ABOVE. STATE THIS BID'SI NUMBER AND CLOSING DATE,ON THE FRONT OF YOUR REPL ENVELOPE. FAILURE TO DO SO COULD PREVENT THE TIMELY DELIVIERY OF YOUR BID OFFERING TO THE PROPER DEPARTMENT ADD INDIVIDUAL. i QUOTATION MU T B RETURNED TO THE PURCHASING DEPARTMENT i 0 LATER THAN 2: 0 P.M. ON THE CLOSING DATE NOTED ABOVE I j Bids must be seated m an envoNop• and addrassea wa ma .arse CIO mng Cate on the Cuty • o tree •nveleoe. t .s the sou ras•en vbdity of each Ciddsr to �nsurs the delivery of bids m aeoordane• with said closing dais City of Lubbock Purchasing Mgr. and time Municipal Building The unaersigned hereby offers to furnish and deliver the goods or samces as 1625 13th St. Am. L-04 sp•crhd acov at in• pncas and arms atatad and in stnct accordant• with the Lubbock, Texas 79401 sp•ufcattons and the terms and conditions on the reverse side hereof, all of which are mad• a part of 'his Cifer. AUTHORIZED SIGNATURE II TELEPHONE DATE ALL ITEMS SHOULD BE CUOTED j PAYMENT TERMS SHIP VIA F O.B. LUBBOCK FREIGHT TERMS REQUEST FOR QUOTATION PROCESSING AND MAMMTING OF RECYCLABLE COMMODITIES GENERAL The City of Lubbock through its Solid Waste Management Department is requesting quotation from qualified vendors for separation and marketing of post consumer recyclable commodities. The City of Lubbock initiated a Residential Blue Bag Recycling Program on August 3, 1992. The program collects recyclables placed inside blue tinted plastic bags. The Blue Bag Recycling Program is servicing every household (total households 54,000) in the City. The blue bags collected would be delivered to the vendors location for separating and marketing four days per week (Monday, Tuesday, Wednesday, and Thursday). The previous schedule will be kept except for weeks which include a holiday. Holiday weeks may include a Friday delivery. Inclement weather may also require Friday or Saturday deliveries. The recyclable commodities being collected in the Blue Bag Recycling Program are commingled and are as follows: A. Food and Beverage Glass Containers (clear, amber and green) B. Steel Cans C. Aluminum Beverage Cans D. Newspaper E. Plastic Containers - Type 1 and 2 PROCESSING BUILDING The separation services shall be performed in an enclosed area, and allow for case of entry and exit by collection vehicles. Blue bags should be covered or enclosed if stored for more than 24 hours from the date of delivery. The site for the storage and separation of Blue Bay commodities shall be maintained to be clear of liter and debris at all times. The separation of the recyclable commodities shall be in an area that protects the employees from the elements. This enclosure shall comply with all City Codes and Ordinances where applicable. PERSONNEL SCHEDULE AND BENEFITS All bidders will be required to submit the following information: A. Proposed personnel schedule B. The number of employees engaged in providing the service C. The proposed work schedule for each employee D. The amount of training that will be provided to each staff member assigned work under this project E. Resumes of key staff. 4. MONTHLY RECYCLABLE PROCESSING AND MARKETING STATEMENT The successful vendor will be required to submit a Certified Monthly Activity Statement on the processing and marketing of recyclable commodities. The City shall receive a percentage of the sales of the recyclable commodities. The vendor shall specify the percentage that the City of Lubbock will receive from the sale of recyclable commodities. This statement shall be due by the 10th business day of each month. This statement shall include the following: A. Date recyclables processed and marketed B. Sale price by commodity and monthly revenue by commodity. C. Number of tons received, processed, in -storage and residue. D. Information will be provided to the City Representative on a weekly basis on hard copy and floppy disk. The floppy disk format should be compatible with City of Lubbock hardware and software. The City of Lubbock hardware is Compaq 386N double density disks utilizing dBase IV software. E. One month's income based on the proposal submitted. The amount of income per ton of each recycled commodity based on the montly total recyclable flow stream data in 9. EQUIPMENT LIST Vendors shall submit their proposed equipment list. The equipment list shall include a description of the age, capacity, maintenance condition, and nomenclature of the equipment. EXPERIENCE All vendors shall submit a list which includes their experience in providing these services. Specifically the evaluation committee will be analyzing the vendors experience in delivering recycling services in areas outside of Lubbock. A list of references shall be submitted and shall include at a minimum the following: A. Who the service was provided for B. Length of time service provided C. The term of the contract D. Name, address, and phone number of a contact person 7. CONTRACT PERIOD The contract period for separation and marketing shall be for a period of one year and renewable annually for up to two additional years. The first year shall begin on May 1, 1994. Bluc bags will be dclivered to the vendor beginning this day. 8. PAYMENT FOR SEPARATION AND MARKETING SERVICES Payment will be issued based on a monthly processing and marketing statement. ESTIMATED RECYCLABLE FLOW STREAM DATA A. Weekly - 60 Tons B. Monthly - 260 Tons C. Annual - 3120 Tons D. Aluminum - 1.7 % E. Glass - 10.1 % F. Plastic - 5.2 % G. Newspaper - 65.2 % H. Steel - 4.0 % 10. RESIDUE The Solid Waste Management will collect and dispose of the residue generated from the separation of the Blue Bag Recyclables only. Solid waste will furnish side loading dumpsters for the collection and disposal of the residue. 11. EVALUATION CRITERIA The City of Lubbock is interested in selecting the Vendor who best meets the following criteria: A. Cost per ton for processing of recyclables B. Percentage of the sales of the recyclable commodities C. Conformance to technical and business/financial requirements D. Experience in processing and marketing of recyclable commodities E. Amount of income per ton of recyclable commodity for marketing. City of Lubbock P.O. Box 2000 Lubbock. Texas 7J457 60S-767-2167 MAILED TO VENDOR CLOSE DATE: BID # 12926: Processing & Marketing of Recyclable Commodities ADDENDUM # 1 Please modify or amend Contract Documents as follows: Office of Purchasing April 6, 1994 April 12, 1994 at 3:00 P.M. Marketing of recyclable commodities shall be calculated using March 1994 recyclable commodity revenues. 2. Paragraph 4 E of the RFQ is changed to read: Revenue report on marketing of the commodities indicating revenue income to the City. 3. The contract period for separation and marketing shall be for a period of one year and renewable annually for up to two additional years upon the mutual agreement of both parties. 4. Paragraph 9 is changed to read as follows: A. weekly - 37 Tons B. Monthly - 160 Tons C. Annually -1920 Tons D. Aluminum -1.7% E. Glass -10.1% F. Plastic - 5.2% G. Newspaper - 65.20% IL Steel - 4.0% 5. The quantity of Item 2, Processing of Recyclable Commodities, is changed from 3,120 TN to 1,920 TN. 6. Any hazardous waste that has been placed in the blue bags shall be placed in a separate container by the vendor who will immediately notify the City of Lubbock Solid Waste Management Department. The City will be respondble for the collection and disposal of the hazardous waste. All requests for additional information or clarification concerning this bid should be submitted in writing and directed to Dolores E. Chavarria, Buyer. THANK YOU, Dolores E. Chavarria Buyer PLEASE RETURN ONE COPY WITH YOUR BID GENERAL CONDMONS READ CAREFULLY: INSTRUCTIONS: These instructions apply to all bids and become a put of the terns and conditions of any bid submitted unless bidder takes exception in writing when submitting bids. The City shall mean the City of Lubbock - Forms: Bids mast be submitted on the form provided only and must be signed Identify the item bid, including brand name and model number, if applicable, in the C.O.L. stock number column. Enter unit and total prices in the columns provided Bid Returrs: Each bid must be sealed in an envelope clearly tinarked with 'Bid Enclosod # ' and addressed to City of Lubbock, Purchasing Office, P.O. Box 2000, Lubbock, TX 79457. Late Bids: Bids must be in the Purchasing Office prior to the closing date and time. NO LATE BIDS WILL BE ACCEPTED for any reason. Facsimile Bids: THE CITY WILL NOT ACCEPT FAX BIDS. Acceptance: The right is reserved to acceptor reject any or all of the bids, waive minor technicalities and to accept the offer most advantageous to the City of Lubbock. The City of Lubbock reserves the right to accept or reject all or part of an offer and to accept the offer the city considers the most advantageous to the city. Alternates are acceptable if in the city: opinion the necessary requirements are met Error-Ouamity: Bids must be submitted on units of quantity specified - extend and show total. In the event of discrepancies in extension, the unit price shall govern Any suggestions as to quantity to secure a better price ate v cloomc Quantities: The quantities appearing in this request for bid are approximate only and the City reserves the right to increase, decrease or delete any or all items. If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item_ The successful bidder shall have no claims against the City for anticipated profits for the quantities call for, diminished or deleted F.O.B. - Damaee: Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs, The City assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder must handle all claims with carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City. Product Guarantee: Bidder guarantees equipmeu or product offered will meet or exceed specifications identified in this bid invitation. The bidder shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the City. !fat any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the bidder shall upon written request from the City, promptly remove such equipment or product without any further expense to the City. Finn Prices: Bid prices must be firm for a minimum of ninety (90) day:. Bids subject to price increases will not be considered In case of discrepancy between the unit price and the extension. The unit price shall govern Authorized Signature: By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment. advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid Bids must show vendor name and address of bidder and be manually signed. Failure to do so will disqualify bid Person signing bid mast &bow title or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Withdrawal - Alteration of Bids: Bids CANNOT be altered or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing audic:Wcity. No bid may be withdrawn after bid closing without acceptable reason in writing and with the approval of the Purchasing Agent - Invoices: Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreernatt number if applicable. Invoices shall be itemized and transportation charges, if any. shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Purchasing Department, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after &-livery. Cash Discounts: Normal payment terms are approximately 30 calendar days given that the goods and/or services received are in satisfactory condition. Any discounts available to the City or early payment should be noted Discounts may be considered in determining low bid Taxes: The City is exempt from Federal Excise, State Sala and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Agent upon request- Specifications: Any catalog, brand rare or manufac turat s nefaerim in the specification is descriptive and NOT restrictive, and arc used to indicate type and quality level desired Bids on brands of like nature and quality may be considered unless specifically excluded If bidding on other than reference or specificatiorts, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. Ifothathan speed brand of items are offers&, specifications, illustrations and complete descriptive literature must be submitted with bid unless previously filed with the Purchasing Agem_ Minor deviations front written specificWo s shall not necessarily disqualify a vendors bid The City of Lubbock specification committee will be the sole detamirna of what constitutes a minor deviation Approved Brands: The City may deem it necessary to specify Approved Brands after conclusive testing, prior usage or standardization. The City %mill test any samplc(s), supplied free of charge, to qualify for the Approved Brand list Each sampfe mast be marked with bidders name and address At bidder's request and expense, the samplc(s) not destroyed or used in examin •:om and testing will be returned No b eelacement Of Defective Tender. Every feeler of do ivery of goods fam Ally comply with all pravisiass of this contract as to time of delivery, quality and the l9m If a tender is made which does not fully oetaf ism. this shall constitute a breach and Seller shall not have the right to substitute a conforming tender• provided, where the time for performance has not yet edited, the Seller may reasonably notify Buyer of his intertion to cure and may then snake a conforming taller within the contract time but not afterward Gratuities: The Buyer may, by written notice to the Sella, cancel this contract without liability to Sella if it is determined by Buyer that gratuities, in the form of ertertaiturtet, gifts or otherwise, were offered or given by the Sella, or my agar or representative of the Seller, to any officer or employee of the City of Lubbock with a view toward securing a contract or seating favorable tr> atmett with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract- In the event this contract is camaled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedied to recover or withhold the amount ofthe cost incurred by Sella in providing such gratuities. Special Tools & Test EauipMe rat: If the price stated on the fax bersof inchdes the cost of any gwial tooling or special test equipment fabricated or required by Sella for the purpose of Sling this order, such special tooling or equipmara and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be idetifled by the Sella as such. Warranty -Price: a. The price to be paid by the Buyer sball be that contained in Seller% bid which Sella warrants to be no higher than Sellers current prices on orders by other for products of the kind and specification covered by this agreemes t for similar quantities under similar or hike conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the item shall be reduced to the Seller's current prices on orders by other, or in the alternative. Buyer may cancel this contract without liability to Sella for breach or Sellers actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage brokerage, or contingent fee excepting ban. fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation ofthis warranty the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 'afety Warranty Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the t vduct does not conform to OSHA standards Buyer may return the product for correction or replacement at the Seller's expense In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense Right Of Inspection: Buyer shall have the right to inspect the goods at delivery before accepting them. Cancellation: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts or bankruptcy. Such right to cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. Termination: The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a 'Notice of Terminasion' specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of the rights to Buyer set forth in Clause 13, herein. Force Maieure: Neither party shall be held responsible for losses, resulting if the fulfillment of any terror of provisions of this contract is delayed or prevented by any cause not within the control of the parry whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent Assimment-Delegation: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made inconformity with this paragraph. Waiver: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the Aggrieved party. Interpretation -Parole Evidence: This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids and any other document provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the tams of their agreement. Whenever a tam defined by the Uniform Commercial Code is used in this agmment, the definition contained in the Code is to control. Applicable Law: The agreement shall be governed by the Uniform Commercial Cede. Whetver the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. Right To Assurance: Whatever one party to this eonttad in good Stith has reason to questice the other party's intent to perform he may demand that the other party give written assurance of this intern to perform. In the event that a demand is trade and no assurance is given within five (3) days, the: demanding party may treat this failure as an anticipatory repudiation of the contract. Indemnification: Seller shall itsdetrnify, defend, keep and save harmless the Buyer, its age officials and employees, against all injuries, deaths. lass. damages, claims, patent claims, suits, liabilities, judgmats, coats and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result there5mt, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employees, if any, and the Seller shall, at his own expense, appear. defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection themvith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, st its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bad required by this contract, or otherwise provided by Sella. shall in mo way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided i 1Z9Zb I �- 1 I LUBBOCKWRI-PNO" =0 TEXAS COPY TO: PURCHASING DEPARTMENT 1625 13th SL Room L-04 Lubbock, Texas 79401 (806) 767-2167 H P T O ADDRESS CORRESPONDENCE OR QUESTIONS TO DOLORES E. CHAVARRIA 806-767-2169 Tho"s �s MW An OF dew CATE PRINTED 03/28/94 CLOSING DATE 04/12/94 REPLY DUE By ITEM NEED QUANTITY UNIT I C.O.L. NUMBER UNIT PRICE PRICE AMOUNT 1 1 T ITEM 12 MARKETING OF RECYCLABLE COMMODITIES 100% * NET SALES 1, 920 N 2 ITEM 4 PROCESSING OF RE YCLABLE COMMODITIES $ 97.00/TON $186,240. 1. ITEM #4 COS(f PER TON FOR THE AVERA COST PER TON FOR ALL RE YCLABLE COMMODITIES AS PER 1 OF THE "GENERAL" SEC ON OF THE SPECIFICATION FOR ITEMS 2.AfTtM'#1AN AVERAGE PERCENTAGE OF THE SALE OF RECYCLABLE COMMODITIES AS PER #1 OF THE "GENERAL" SECTION OF THE SPECIFICATIONS FOR ITE A B C D AND E IF ADDITION PAGES ARE REQUIRED FOR FURrrHEA 6EfAIL OF HOW THE AIVERAGE COST WAS DERIVED,PLEAKE INCLUDE THESE ADDITIJONALI PAGES WITH THE BID. ALL STATED AN IT7TIES ARE APPROXIMATIONS OF USAGE OR CONSUMPT N DURING THE TIME PERIOD TOIBE COVERED BY PRICING TABLISHED BY THIS BID. ACTU L USAGE OR CONSUMPTI N MAY BE MORE OR LESS. ORDER QUANTITIES AND TIMES WI L DETERMINED BY ACTUAL ED. THE DETAILS F RE UEST FOR UOTATI TIS WILL BE OPEN TO DISCUSSI DU ING AQPRE- BID C�NFERENC TO BE HELD AT 10:OOAM TUE DAY APRIL 5 1994 IN THE PU CHASING CONFEREACE R OM 04 OF THt MUNICIPAL BUI DING AT 1625 Bids must be loud m so emreteve and addressed. —In the a.end ccesug Veto .. the autvas or t e envawas. it is tree said . stblry of each bidder to inswe the do"" of bids in adcordaece vitae said chasing City of Lubbock Purchasing Mgr. and time Municipal Building The undervgnod hereby effers to furnish and dakver the goods w serveres as 1625 13th St. Rm. L-04 soeafied above at tho pricesand terms staved aad in strict aeeersome two Use L bock, Taxa 79" 1 aaaedie*"*ea and the canna a*d conditioaa as the rovers* ads barest, as al web are made a Vert of this *Her. 4U1N I D SIGN A I Y/ 9 TELEPHONE DATE ALL ITEMS SHOULD BE QUOTED PAYMENT RMS SHIP vhA F.0.8. :UBBOCK FREIGHT TERMS PURCHASING DEPARTMENT I 1[y[t1 Z J 1625 13th SL Room L-04 Lubbock, Texas 79401 ADDRESS CORRESPONDENCE OR QUESTIONS TO (806) 767-2167 DOLORES E. CHAVARRIA LUBBOCK TEXAS 806-767-2169 COPY TO: S H P T O Tho"a 0s NoR An Order DATE DATE PRINTED 03/28/94 REPLYIMDUE BY 1 04/12/94 ITEM NEED BY DILTF QUANTITY UNIT C.O.L. STOU NUMBER UNIT PRICE AMOUNT YOU MUST SI THIS FORM AND RETURN IT WITH YOUR BID. IDENTIFY THE ITEM BID, INCLUDING BRAND NAME AND MODEL NUMBER, IF PLI<CABLE IN THE C.O.L. STO K NUMBER COLUMN. EN R U IT AhD TOTAL PRICES IN HE COLUMNS PROVIDED. THIS INFORM IO IS ESSENTIAL TO YOUR BID OMISSIONS MAZY RESULT ?UALIFY IN BID REJECTION. LEASE DIiECT ANY QUESTIONS Tj THE BUYER NAMED ABOVE. STATE THIS 8 Of SI NUMBER AND CLOSING DATE! ON THE FRONT OF YOUR REPL ENVELOPE. FAILURE TO DO SO COULD PREVENT THE TIMELY D LIVERY OF YOUR BID OFFERING TO THE PROPER DEPARTMENT D I DIVIDUAL. QUOTATION MU T 8 RETURNED TO THE PURCHASING DEPARTMENT 0 LATER TH 2: 0 P.M. ON THE CLOSING DATE NOTED ABOVE jammoa, Bids moil be 2"od in on emrnsve and ■ddressoo -1h the o.ane 09309 date on the outside of the It is the sow ran ubitity of each bidder to mom the delvory of We A accrdsoce . & Said do" e City of Lubbock Purchasing Mgr. and °M Municipal Building The usdrsigood hermiew oNore to ftrmh oed dekwor the goods or services as 1625 13th St. Rm. L-04 %scaled above at am oness sad teems stated sad in stnet accordance we* "m Lub k, Texas 79401 so cdiceheos aM Mo tr.e ace eoa ideems se the reverse side horeof, as of unlock are mado a oNor. AUTHORIZ IGNATUR VIP, TELEPHONE 7�- �� / DATE /zj /tL ALL ITEMS SHOULD BE QUOTED PAYMENT TERMS SHIP VIA F.O.B. LUBBOCX FREIGHT TERMS Ofee Of Pnrchasing City Of LubbCck P.o. Box 2000 L-tibocic, Texas 7a457 et7S-7B7--2i E7 MAILED TO VENDOR: CLOSE DATT: $ID # 12926: Processing dt M2rkcting of Pccycbble Commodities ADDENDUM # 1 Please modify or amend Conu= Documents as fnllmm April 6,1994 April 12,1994 st 3:00 FJVL 1. Marketing of myclable commodities shall be calculated using March 1994 recydable commodity tevennes. 2 P gi ph 4 E of the RFQ is ehaamd to read: Rcvem= report on madefing of ft comwdifies indicating revc=e income to the City. 3. The cataract period for sepamdw and mankcdng shaU be for a period of one year and renewable gmmaliy for up to two additional years lq= the mntnal ag:e=m of both parties. 4. Paragraph 9 is changed to read as fnilows: A. Weekly - 37 Tons H. brManddy - i60 Toes C. Aatmaily -19M Tons D. Alumina - L7% E- Giaa -10.1% F. Plaada - 5.2% G. Neasppa - 65.2% li 3ted -4.001E 5. The gmuMty of It= 2. Procc ng of Recyclable Coauoodities;is changed from 3,120 TN to 1,920 TN. 6. Any hazazdara waste that hn been pboed in the bim bop sboR ba plmd in a sepataat: comainm by the vendor who wdl Wnd bl* nor* the My o[I.ubbo k Saud Wage hbmgcmcnt Depzr 31Cm The edi wM be respoasNe for the coU=dm and disposal of the h=xdoas waste. All requests for additional intarmmou or clamf>cadva aomaetaing this bid shmId be mbmitted in writing and directed to Ddares E. Ch stria, Buyer. THANK YOU. Dolatcs E. Mavarria B"er PIXA.SE RETURN ONE COPY Wrifi YOUR HID UaSyslems IY BROYYNING-FERRIS INDUSTRIES ITEM 3 - PERSONNEL SCHEDULE: 2 - DeBaggers 4 - Sorters 1 - Loader/Foreman ITEM 5 - EQUIPMENT LIST: 1 - Bobcat Skid Steer Loader 1 - Sorting Conveyor 1 - Horizontal Baler Working four (4) days per week from 8:00 a.m. to 5:00 p.m. Personnel will be trained in Recycling and also Special Waste handling. 405-30TH • LUBBOCK, TX 79404 • (806) 763-8124 • FAX: (806) 762-1757 Steve Davis 711 6th Street Idalou, Texas 79329 (806)763-4580 (149 (806)892-3385 (H) SUMMARY OF QUALIFICATIONS Browning -Ferris Industries, Inc. 1988 - Present Lubbock,Texas LANDFILL MANAGER - QUAIL CANYON LANDFILL PERMIT #987-A CLASS A SOLID WASTE MANAGEMENT CERTIFICATION T R A I N I N G TEXAS ENGINEERING EXTENSION SERVICE THE TEXAS A&M UNIVERSITY SYSTEM PUBLIC WORKS TRAINING DIVISION 10/89 CLASS C SOLID WASTE MANAGEMENT 11/90 CLASS B SOLID WASTE MANAGEMENT 12190 CLASS A SOLID WASTE MANAGEMENT 04/91 BROWNING-FERRIS INDUSTRIES TRAINING: ENVIRONMENT COMPLIANCE, SPECIAL WASTE, SAFETY, METHANE MONITORING, GROUNDWATER MONITORING, SURFACE & STORM WATER RUNOFF MONITORING, QA/QC PROGRAMS E D U C A T 1 0 N Crosbyton High School Crosbyton, Texas 1968 - 1971 P R O F E S S I O N A L E X P E R I E N C E 20 YEARS AGRI-BUSINESS, MANAGER AND OPERATOR OF SMALL FAMILY FARMING OPERATION 2 YEARS FARM/EQUIPMENT PARTS AND MECHANIC EXPERIENCE R E F E R E N C E S DENNY GRAHAM BROWNING-FERRIS INDUSTRIES, INC. P.O. Box 32310 AMARILLO, TEXAS (806) 376-5755 60vW%Mlu SYstems-- BFI BLUE BAG EXPERIENCE r HARFORD COUNTY, MARYLAND SINCE JUNE 1992 AVERAGE MATERIAL PROCESSED - 800 TONS/MONTH CONTACT: BOB ERNST HARFORD COUNTY MARYLAND 1807 N. FOUNTAIN GREEN ROAD BEL AIR, MARYLAND 21015 CITY OF PITTSBURGH SINCE JANUARY 1993 AVERAGE MATERIAL PROCESSED - 1200 TONS/MONTH CONTACT: MARY BETH RIZZUTO RECYCLING COORDINATOR PITTSBURGH, PENNSYLVANIA CITY OF RICHARDSON SINCE NOVEMBER 1992 CONTACT: MARSHALL HANEY PUBLIC WORKS DIRECTOR RICHARDSON, TEXAS (214) 238-4222 405-30TH • LUBBOCK, TX 79404 • (806) 763-8124 • FAX: (806) 762-1757 ..v�rov w s- 6R01tAigNG-FERRiS INDUSTRIES Lubbock Oil NET COMMODITIES VALUE FCR MARCH 1994 ALUMINUM — $1,000.00 PER TON x $ 2.72 TONS = $2720.00 GLASS — $ 22.00 PER TON x $ 16.16 TONS = $ 355.52 PLASTIC — $ 125.00 PER TON x $ 8.32 TONS = $1040.00 NEWSPAPER — $ 33.00 PER TON x $104.32 TONS = $3442.56 STEEL — $ 55.00 PER TON x $ 6.4 TONS = S 352.00 NET VALUE = $7910.08 405 WTH - LUBBOCK, TX 79404 • (806) 763-8124 • FAX: (806) 762-1757