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HomeMy WebLinkAboutResolution - 2005-R0343 - Contract - Jarvis Metals Recycling - Sale Of Scrap Paper And Plastics - 07_28_2005Resolution No. 2005-RO343 July 28, 2005 Item 33 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 (recyclable) paper and plastics - annual pricing, by and between the City of Lubbock and Jarvis Metals Recycling of Lubbock, Texas, 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 28th day of ATTEST: G� a'v� -,.' in- Reb ca Garza, City Secretary APPROVED AS TO CONTENT: T rry Elle rook, Director of Solid Waste Services APPROVED AS TO FORM: J J M. Knight, As ' ant CityAttorney l' gs/ccdocs/Contract-Jarvis Metals Recycling.res July 18, 2005 CITY OF LUBBOCK CONTRACT FOR SERVICES Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing Bid No. 05-077-MA CONTRACT NO. 6102 STATE OF TEXAS COUNTY OF LUBBOCK § This contract, (the "Contract"), effective as of the 28th day of July, 2005, (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 paper and plastics for the purpose of recycling same; and WHEREAS, Contractor has a professional staff experienced and qualified to purchase scrap paper and plastics and operate and maintain a facility for recycling same; and WHEREAS, the City desires to contract with Contractor for the sale of scrap paper and plastics 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 two (2) additional years with the written consent of both parties. ARTICLE II. COMPENSATION Pricing for each category of scrap paper, will be based on the weekly publication Official Board markets and will be allowed to fluctuate with the market. The base price paid for each delivery will be the Southwest Market High per ton on the day of delivery of the scrap paper to the City of Lubbock calculated by multiplying the high base price per ton by the percentages as follows: 60% white paper 60% shredded computer paper 50% newsprint 20% mixed paper 50% corrugated cardboard/chipboard Pricing for each category (separated or mixed) of scrap plastics will be based on the current mill price, and will be allowed to fluctuate with the market. The base price paid for each delivery will be the published mill price per ton on the day of the scrap delivery. The net price paid to the City of Lubbock will be calculated by multiplying the mill price per ton by the percentage as follows: 20% PET Plastic Separated (#1) 20% HDPE Plastic (#2) Natural Opaque 20% HDPE Plastic (#2) Colored 20% mixed plastic PET (#1) & HDPE(#2) ARTICLE III. PAYMENT 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 delivery. Each payment must note that it is for the purchase of scrap paper and plastic goods from the City. ARTICLE IV. TERMINATION In the event that 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 Contractor. This Contract constitutes legal, valid, and binding obligations of Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintain a professional staff and employs, as needed, other qualified specialists experienced in operating and maintaining a recycling facility, and are 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 BFI, INC., 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 BFI, INC. 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 paper goods as set forth in Exhibit "A" attached and incorporated herein by reference as if fully set forth here, store and prepare the recyclable materials for shipment to 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 Recycling Drop-off sites and the City municipal buildings. C. Transporting equipment. The City shall use City vehicles in transporting the recyclable materials from the City locations to the recycling facility. D. Location. Contractor shall accept and store the recyclable materials in an enclosed facility located in Lubbock, Texas. E. Hours of Operation. Contractor shall be prepared to receive 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, detailing the type and weight of recyclable materials that has been received, prepared for shipment and shipped to vendors. 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 tenth business day of the following month. G. Storage. Contractor shall ensure that all recyclable material that is received 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. CONTRACTOR'S INSURANCE The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT 1. Commercial General (public) Liability insurance including coverage for the following: a. Products/Completed operations b. Personal injury c. Advertising injury d. Personal injury e. Advertising injury f. Contractual liability g. Fire Damage (Any one Fire) Combined single limit for bodily injury and property damage of $ 300,000 per occurrence or its equivalent. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. ARTICLE VIII. 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 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. 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. B. Contractor's Address. Contractor 's address and numbers for the purposes of notice are: Jarvis Metals Recycling Attn: J. David Walden P.O. Box 1943 7825 Peach Avenue Lubbock, Texas 79408 Telephone: (806) 744-7091 Facsimile: (806) 744-0909 C. City's Address: The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Debra Frankhouser P.O. Box 2000 208 Municipal Drive Lubbock, Texas 79457 Telephone: (806) 775-2482 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 151h day after such notice is effective. ARTICLE XIV. 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 hour's Contractor books and records with respect to this Contract between the Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by Contractor. D. Assignability. Contractor may not assign this Contract without the written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. 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 LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. 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. H. 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 the Contractor and City. 1. Entire Agreement. This Contract and related ITB, 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 28 day of July, 2005. ATTEST: 0� Q� 22 11(� -D c'�_ Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Debra Frankhouser Manager of Solid Waste Collections CONTRACTOR By: Printed Name: 14),9 L,0 E W Title: P,9vF R A -A n/7 M.#dAg ,F_1" APPROVED AS TO FORM: ttorney Invitation to Bid #05mO77-MA Sale of Scrap (Recyclable) Paper and Plastics Annual Pricing JAR V ORIGINAL Provided by WErALS July 12, 2005 JAR Y/S METALS r 7825 Olive Avenue + P.O. Box 1943 • Lubbock, Texas 79408 l 806.744.7091 Fax 806.744-0909 July 12, 2005 Ms. Marta Alvarez City of Lubbock Purchasing & Contract Management 1625-13" Street, Rm. 204 Lubbock, Texas 79401-3830 Dear Ms. Alvarez It is our pleasure, and we appreciate the opportunity to provide this response to bid #50- 077-MA, Sale of Scrap (Recyclable) Paper and Plastics Annual Pricing. Jarvis Metals Recycling has been in the Recycling Industry for over forty years here in Lubbock, and been the city's service provider the past two years from the prior bid. We pride ourselves in providing a quality service delivered in a timely, professional manner, always. Enclosed in the Jarvis Metals Recycling bid response is our response in blue ink to each bid item, all forms completed and signed, and the completed revised bid form at the back. We have provided an original and one copy of our response. If I can provide any additional information, or clarifications please feel free to call me at (806)-744-7091. Sincerely, A J. David Walden Paper Plant Manager Jarvis Metals Recycling ITB05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics -Annual Pricing SUBMIT TO: CITY OF LUBBOCKCITY OF LUBBOCK TEXAS Purchasing &Contract Management ift t1625 13'hStreet,Rm 204 Lubbock, Tx 79401-3830 AN EQUAL INVITATION TO BID CONTACT PERSON: OPPORTUNITY Marta Alvarez EMPLOYER (��/r( #05-�0 / / AMA TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ei.lubbock.tx.us TITLE. Sale of Scrap (Recyclable) Paper and Plastics SUBMITTAL DEADLINE: Annual Pricing July 12, 2005, 2:00 p.m. CST PRE BID DATE, TIME AND LOCATION: July 6, 2005 at 10:00 a.m. Any aids received Oer the time and dare listed above, regardless ofrhe 206 Municipal Drive, City of Lubbock Garage Conference Room, made ofdef vay, shall he returned unopened, Lubbock, Texas. ATTENDED RESPONDENT NAME: J. David Walden LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. MAILING ADDRESS: 7825-Olive Ave IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE "STATEMENT OF NO BID". CITY — STATE — TIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT Lubbock, Texas 79408 ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY TELEPHONE NO: 806-744-7091 RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: 806-744-0909 REQUEST PERMITS COMPETITIVE BIDS. IT IS THE BIDDER'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING E-MAIL: David Walden(&Jarvlsmetals.COm MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE FEDERAL TAX ID NO. OR SOCIAL SECURITY NO. REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH FED TAX ID. 75-2242881 NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE, THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON RFPDEPOT.COM JARVIS METALS AGREES The City of Lubbock Charter slates that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?- YES XXX NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. By my signature 1 certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the vendor. Paper Plant Manager uthorized Signature Title PrintrFype Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. ITB# 05-077-MA.doc 1 of 30 ITB05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics -Annual Pricing CITY OF LUBBOCK Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing ITB #05-077-MA BIDDER'S submittal to the Purchasing Manager of the City of Lubbock, Texas. IN COMPLIANCE WITH THIS SOLICITATION AND TO ALL CONDITIONS IMPOSED HEREIN, THE UNDERSIGNED AGREES TO PURCHASE THE FOLLOWING ITEM (S) AS A RESULT OF THIS SOLICIATION. THE FOLLOWING SECTION SHALL BE SIGNED BY AN AGENT AUTHORIZED TO BIND THE BIDDER. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. ITEM CATEGORY DESCRIPTION PERCENTAGE BID i. Corrugated State bid as a percentage of Southwest market high for Old Corrugated Cardboard Cardboard Containers. (OCC) SIT REVISED 1111) H )Rhl% 2. Newsprint State bid as a percentage of Southwest market high for Newsprint. (OMP8) 51:1: RI:VIS11) I311) 1:0R,I'i 3. Shredded State bid as a percentage of Southwest market high for Computer Paper. Computer Paper (CPO) SL:f: R1;VISl:D R]ll FO[ttil 4. White Paper State bid as a percentage of Southwest market high for Old Sorted White (SWO) Ledger Paper. SI:L RI•:V[SFD [31D FOItRI 5. Mixed Paper State bid as a percentage of Southwest market high for Mixed Paper. (MP) 51:1: RI;VISl:1) 1311) R)R.M b. Magazines State bid as a percentage of Southwest market high for Old Magazines. SH: RFVlSFD BID FORM 7. Junk State bid as a percentage of Southwest market high for Mixed Paper. Mail/Envelopes SI:W; RI'.V151:D kill) Vt)RIM & Phone Books State bid as a percentage of Southwest market high for Mixed Paper. Ski: R1;V[Si:D BID FORM 9. PET Plastic State bid as a percentage of current Mill Price for HDPE (# 1) Separated Separated (#I) SF.i•: RF.Viti1:D 13I1) 1-OR.VT 10. HDPE Ptastic State bid as a percentage of current Mill Price for HDPE (#2) Separated Separated (#2) Natural Opaque Natural Opaque Sl:i: RI?V'ISI D BID 1 O1Zk9 IL HDPE Plastic State bid as a percentage of current Mill Price for HDPE (#2) Separated Separated (#2) Colored Copoiymer/Pigmented Color#2 SIT; [t1:VIS1:D fill) ! ORh1 12. Mixed Plastic State bid as a percentage of current Mill Price for PET (# 1) and HDPE (#2) PET (# I) & HDPE(#2) 51:F REVIS11) 1111) H)R.`I ITB# 05-077-MA.doc 2 of 30 Sale of Scrap (Recyclable) Pager and 13. Chip I State bid as percentage of current Mill Price for chip board. Board/Paste fl Board SEE, REVISED BID FORM troperty will be sold "AS -IS, WHERE IS" without expressed or implied warranties. The city will sell this property to the highest bidder. PAYMENT TERMS: The date on which payment is due in full shall be upon the date of sale, or at such time thereafter as the City may direct, after notification of bid award. The City reserves the right to withdraw any property from the sale process at any time. THIS BID IS SUBMITTED BY Jarvis Metals Recycling. Inc. a corporation organized under the laws of the State of _ Texas , or a partnership consisting of or individual Firm: Jarvis Metals Recycling, Inc. of the City of Lubbock Address: 7825-Olive Avenue, P.O. Box 1943 City: Lubbock State: Texas zip 79408 The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. WiII any officer or employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm? YES._ NO By Authorized Representative - must sign by hand Name and Title: J. David Walden Mamer Pgper Plant Please Print Telephone Number 806-744-7091 FAX: 806-744-0909 ITB# 05-077-MAdoc 3 of 30 IT$#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing STATEMENT OF COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL ENVIRONMENTAL LAWS On November 29, 1999 President Clinton signed into law the Superfund Recycling Equity Act (Pub. Law 106-113). The law clarifies Superfund to state that recycling is not disposal and shipping for recycling is not arranging for disposal. To comply with the requirements of the new law, the City of Lubbock must ensure that your facility is in compliance with substantive (not procedural or administrative) provisions of any Federal, State or Local environmental law(s), or compliance order(s) or decree(s) issued pursuant thereto, applicable to the handling, processing, reclamation, or other management activities associated with the recyclable material. To satisfy this requirement, the City of Lubbock is requesting the following statement from your company documenting or certifying compliance with all necessary environmental laws and regulations. Please provide the following statement with your bid: Please be advised that Jarvis Metals Recycling, Inc. (company name) is in substantive compliance with all Federal, State, and Local environmental laws. We understand that the City of Lubbock requires this information under the Superfund Recycling Equity Act. We have reviewed our records and certify that we are in substantive (as opposed to mere administrative or procedural) compliance. We have reviewed our records and find that we are under a consent order from the Environmental Protection Agency (or equivalent State or Local environmental agency) and have failed to meet a term or condition of that order due to: We have reviewed our records and find that we have an open Notice of Violation (NOV) from the Environmental Protection Agency (or equivalent State or Local environmental agency). The NOV is open due to ongoing negotiations, a dispute of the facts, etc. which is actively being addressed. We expect the issues will be resolved by: Please describe the NOV: Our facility has been placed under a RCRA Corrective Action. Please describe the action: sc y lt� Auth zed Representative - must sign by hand Officer Name and Title: J. David Walden Manager Paper Plant Please Print 05-07'7-MA.doc 4 frB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing BID FORM Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #05-077-MA THE CITY OF LUBBOCK APPRECIATES YOUR TIME AND EFFORT IN PREPARING YOUR BID. ALL BIDDERS SHOULD FAMILIARIZE THEMSELVES WITH THE FOLLOWING INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS, AND ATTACHED SPECIFICATIONS. I. INSTRUCTIONS TO BIDDERS BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing per the attached specifications. Sealed bids will be received no later than 2:00 p.m. CST, July 12, 2005 if date/time stamped on or before 2:00 p.m. at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. EACH BID AND SUPPORTING DOCUMENTATION MUST BE IN A SEALED ENVELOPE OR CONTAINER PLAINLY LABELED IN THE LOWER LEFT-HAND CORNER: "ITB #05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing" AND THE BID OPENING DATE AND TIME. BIDDERS MUST ALSO INCLUDE THEIR COMPANY NAME AND ADDRESS ON THE OUTSIDE OF THE ENVELOPE OR CONTAINER. Bids must be addressed to: Victor Kihnan, Purchasing & Contract Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 AGREED 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. AGREED 1.3 Bids will be accepted in person., by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. The Bid Form must be completed in blue or black ink or by typewriter. AGREED 1.4 Bids may be withdrawn prior to the above scheduled time set for closing of the bids. Bids CANNOT be withdrawn, altered, or amended after bid closing. Alteration made before bid closing must be initiated by bidder guaranteeing authenticity. AGREED 1.5 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. AGREED PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a pre -bid meeting will be held at 10:00 a.m.. July 6. 2005, 206 Municipal Drive. City of Lubbock Garage Conference Room. Lubbock, Texas. All persons attending the conference will be asked to identify themselves and the prospective bidder they represent. AGREED 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. AGREED 05-077-MA.doC 5 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -bid meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. AGREED 3 CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It is the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid closing date. A review of such notifications will be made. AGREED 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Marta Alvarez, Senior Buyer City of Lubbock 1625 13'b Street Lubbock, Texas 79401 Fax: (806)775-2164 RFPDepot: htti)://www.RFPdepot.com AGREED 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. AGREED 4.2 Any offeror in doubt as to the true meaning of any part of the ITB or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addenda issued by the Purchasing Department. Such addenda issued by the Purchasing Department will be available over the Internet at h-U://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock. AGREED 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. AGREED 4.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. AGREED EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements prior to submitting a bid to ensure that the goods and/or services being bid meet the intent of these specifications. AGREED 5.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to 05-077-AMA. doc 6 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. AGREED BID SUBMITTAL 6.1 BIDDERS MUST SUBMIT THE ORIGINAL AND ONE COPY OF THE SEALED BID TO THE PURCHASING DEPARTMENT PRIOR TO RESPONSE DUE DATE/TIME. FAILURE TO SUBMIT THE ADDITIONAL COPY MAY RESULT IN THE BID BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. The original must be clearly marked "ORIGINAL" and the copy must be clearly marked "COPY". AGREED 6.2 Bids must be submitted on the Bid Form and the Bidder must sign and date their bid in the space provided. Identify the item bid, including brand name and model number, if applicable. Enter unit price, extended cost, and delivery days in the columns provided. In the event of discrepancies in extension, the unit price shall govern. THE BID FORM MUST BE COMPLETED IN BLUE OR BLACK INK OR BY TYPEWRITER. AGREED 6.3 The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption certificates will be executed by the Purchasing Manager upon request. AGREED 6.4 Any information regarding warranties and/or maintenance agreements pertaining to said bid item(s) are to be included in the bid. AGREED 6.5 Bids will not be considered unless bid F.O.B. delivered and include all delivery and packaging costs. The number of calendar days required to place the materials in the City's receiving point under normal conditions must be shown on the Bid Form. DO NOT quote shipping dates. Failure to indicate delivery days on the Bid Form will obligate Bidder to complete delivery in two weeks. A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded. Consistent failure of a bidder to meet delivery promises without a valid reason may cause removal from the bid list. AGREED 6.6 Bid prices must be firm for a minimum period of sixty (60) days. Bids subject to price increases will not be considered. AGREED 6.7 All bids, responses, inquiries, or correspondence relating to or in reference to this ITB, and all reports, charts, and other documentation submitted by bidders shall become the property of the City of Lubbock when received. AGREED 6.8 If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. AGREED 6.9 LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND TIME, AND YOUR COMPANY NAME AND ADDRESS. AGREED 7 BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay my costs incurred in the preparation and submission of a bid. Also, should a bidder bid an alternate, any test costs to prove equality of product will be at the expense of the bidder, not the City of Lubbock. AGREED 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. AGREED 7.3 AlI costs related to the preparation and submission of a bid shall be paid by the bidder. AGREED TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 05-077-MA.doc 7 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing 8.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. AGREED 8.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. AGREED 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. AGREED LICENSES, PERMITS, TAXES 9.1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. AGREED 10 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REQUIREMENTS 10.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Historically Underutilized Businesses (HUB's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. AGREED 10.2 A HUB is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. AGREED I 1 CONFLICT OF INTEREST 11.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. AGREED 11.2 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. AGREED 12 AUTHORIZATION TO BIND SUBMITTER OF BID 12.1 Bids must show vendor name and address of bidder. Bids must be manually signed by an officer of the company authorized to bind the submitter to its provisions. Person signing bid must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign bid will disqualify it. AGREED 12.2 The bid submitted by the bidder shall become an integral part of the contract between the City and the Bidder and the representations, covenants, and conditions therein contained shall be binding upon the person, firm or corporation executing the same. AGREED 13 BID AWARD 05-077-MA.doc 8 14 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing 13.1 The contract may be awarded either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Lubbock. In determining the best value for the City of Lubbock, the City may consider: a) The purchase price; AGREED b) The reputation of the of the bidder and of the bidder's goods or services; AGREED c) The quality of the bidder's goods or services; AGREED d) The extent to which the goods or services meet the City's needs; AGREED e) The bidder's past relationship with the City; AGREED 0 The impact on the ability of the City to comply with laws and rules relating to contracting with Historically Underutilized Businesses and non-profit organizations employing persons with disabilities; AGREED g) The total long-term cost to the City to acquire goods or services; and AGREED h) Any relevant criteria specifically listed in the Invitation to Bid. AGREED 13.2 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City may award the bid for any item or group of items shown on the Bid Form. AGREED 13.3 All bids are evaluated for compliance with specifications before the bid price is considered. Failure to comply with the listed General Conditions may result in disqualification of bid. AGREED 13.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding on any commodity could be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. AGREED 13.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. AGREED 13.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. AGREED 13.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. AGREED 13.7 Responsible Bidder Criteria: The City shall consider only responsible Bidders. Responsible Bidders are those that have, in the sole judgment of the City, the financial ability, experience, resources, skills, capability, reliability and business integrity necessary to perform the requirements of the contract. The City may also consider references and financial stability in determining a responsible Bidder. AGREED 13.8 In order to assure adequate coverage for remote locations throughout the City, the City may make multiple awards, selecting multiple vendors to provide the services desired, if multiple awards are in the best interest of the City. Cost and location will be used in making this determination. A decision to make a multiple award of this Bid, however, is an option reserved by the City, based on the needs of the city. AGREED EQUAL EMPLOYMENT OPPORTUNITY 05•077-MA.doc 9 1TB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing 14.1 Bidder agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws. AGREED 15 SPECIFICATIONS 15.1 Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and is used to indicate type and quality level desired. Bids on brands of like nature and quality may be considered unless specifically excluded. AGREED 15.2 If bidding on other than reference or specifications, bid must show manufacturer, brand, trade name, catalog and/or lot number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of items are offered, specifications, catalog sheets, illustrations and complete descriptive literature must be submitted with bid. AGREED 15.3 Bidders taking exception to any part or section of the specifications shall indicate such exceptions on the specifications. Failure to indicate any exception will be interpreted as the bidder's intent to comply fully with the requirements as written. Conditional or qualified bids, unless specifically allowed, shall be subject to rejection in whole or in part. AGREED 15.4 Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. The City has the right to waive minor defects or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of services being procured. AGREED 15.5 The City may deem it necessary to specify Approved Brands after conclusive testing, prior usage or standardization. The City may test any sample(s), supplied free of charge, to qualify for the Approved Brand list. Each sample must be marked with bidder's name and address. At bidder's request and expense, the sample(s) not destroyed or used in examinations and testing will be returned. AGREED 15.6 When specifications call for samples to be submitted, samples must be delivered by the bidder, at bidder's expense, to the Purchasing Manager no less than seven days prior to the opening of bids. Each sample must be clearly tagged to show bidder's name and address, item number, and the name of the item being substituted. The name of the manufacturer and brand name, technical data, intended use, and other pertinent data for product evaluation must accompany each sample. AGREED 15.17 The purpose of this Invitation to Bid is to set a period of one year, firm pricing for the item(s) and./or service(s) described herein, with an option to renew annually, for up to two additional years upon mutual agreement of both parties AGREED 16 QUALIFICATIONS OF BIDDERS 16.1 The Bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that the Bidder or his Subcontractor has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The Bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the Bidder's or his Subcontractors qualifications. AGREED 16.2 The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder or his Subcontractor to perform the work, and the Bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the Bidder fails to satisfy the City of Lubbock that the Bidder or his Subcontractor is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the Bidder's or his Subcontractor's qualifications shall include: AGREED a) The ability, capacity, skill, and financial resources to perform the work or provide the service required; AGREED 05-077-MA. doc 10 ITB405-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing b) The ability of the Bidder or his Subcontractor to perform the work or provide the service promptly or within the time specified, without delay or interference; AGREED c) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder or his Subcontractor; AGREED d) The quality of performance of previous contracts or services. AGREED 17 ANTI -LOBBYING PROVISION 17.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. AGREED 17.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. AGREED IS BONDS, INSURANCE AND INDEMNITY 18.1 No bonds are required to be submitted with this bid. AGREED 18.2 The successful bidder shall meet the minimum insurance requirements as defined in Section II. A City of Lubbock Insurance Requirement Affidavit completed by the bidder's insurance agent/broker(s) must accompany each bid. AGREED 18.3 The successful bidder agrees to indemnify, defend, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of the contract or which may anywise result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by the contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. AGREED 19 UTILIZATION OF LOCAL BUSINESS RESOURCES The City desires, as much as practicable, to stimulate growth in all sectors of the local business community. Bidders are strongly encouraged to explore and implement methods for the utilization of local resources. AGREED 20 PROTEST 20.1 All protests regarding the bid solicitation process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the bidding process. AGREED This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Council by contacting the Executive Assistant to the City Council. AGREED All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. AGREED 05-on-MA.doc 11 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing 20.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. The City of Lubbock is aware of the time and effort you expend in preparing and submitting bids to the City. Please let us know of any bid requirement causing you difculty in responding to our Invitation to Bid. We want to facilitate your participation so that all responsible vendors can compete for the City's business. Awards should be made approximately two to sir weeks after the opening date. Ifyou have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2165. AGREED 05-077-MA.doc 12 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #05-077-MA II. INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. AGREED INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): AGREED TYPE AMOUNT 1. Commercial General (public) Liability insurance including coverage for the following: AGREED a. Products/Completed operations Combined single limit for b. Personal injury bodily injury and property c. Advertising injury damage of $ 300,000 per d. Personal injury occurrence or its equivalent. e. Advertising injury f. Contractual liability g. Fire Damage (Any one Fire) ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. AGREED REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; AGREED b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; AGREED c. Provide for notice to the City at the address shown below by registered mail; AGREED d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; AGREED 05-077•MA.doc 13 1TB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. AGREED All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. AGREED NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE, AGREED All notices shall be given to the City at the following address: Victor Kilman - Purchasing & Contract Manager City of Lubbock 1625 13s' Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. AGREED 05-077-MA.doc 14 17B#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. �4� Contractor (Signature) J. David Walden Contractor (Print) CONTRACTOR'S NAME: Jarvis Metals Recycling, Inc. (Print or Type) CONTRACTOR'S ADDRESS: 7825- Olive Avenue, Lubbock, Texas 79404 Name of Agent/Broker: Daniels Insurance Inc. Address of Agent/Broker- P.O. Box 1258 City/State/zip: Hobbs, New Mexico 88241-1258 Agent/Broker Telephone Number: { 505 } 393 5191 Date: 7/12/05 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 05-077-AAA.doc 15 [TB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing III. GENERAL CONDITIONS **** PLEASE READ CAREFULLY **** These General Conditions apply to all bids and become a part of the terms and conditions of any bid submitted. The City shall mean the City of Lubbock. AGREED Requirements Contract: During the period of the contract, the Contractor shall provide all the services described in the contract. The Contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the Contractor if no services are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the Contractor understands and agrees that the City is under no obligation to the Contractor to buy any amount of the services as a result of having provided this estimate or of having any typical or measurable requirement in the past. The Contractor further understands and agrees that the City may require services in an amount less than or in excess of the estimated annual contract amount and that the quantity actually used, whether in excess of the estimate or less than the estimate, shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. In making its bid hereunder, the Contractor expressly recognizes the rights of the City provided herein, and further recognizes that the Contractor shall have no claims against the City for anticipated profits for the quantities called for, diminished or deleted, AGREED Nonappropriation: All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then - current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. AGREED Invoices: Contractor 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 agreement 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 Accounts Payable, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. Payment shall not be due unless and until the Contractor shall not be in default under the terms of the contract, and until the above instruments are submitted after delivery. CITY MAY MAKE PAYMENTS FOR PURCHASES UNDER THIS CONTRACT USING THE CITY'S MASTERCARD PURCHASING CARD (PCARD). THE SELLER AGREES TO ACCEPT PCARD PAYMENTS WITHOUT ANY ADDITIONS OR SURCHARGES. AGREED No Warranty By The Cit+Against Infrin, gements: As part of the contract for sale, Contractor agrees to ascertain whether goods manufactured in accordance with the specifications attached to the contract will give rise to the rightful claim of any third person by way of infringement of the like. The City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall The City be liable to Contractor for indemnification in the event that Contractor is sued on the grounds of infringement or the like. If Contractor is of the opinion that an infringement or the like will result, he will notify the City to this effect in writing within two weeks after the signing of the contract. If the City does not receive notice and is subsequently held liable for the infringement or the like, Contractor will save The City harmless. If Contractor in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. AGREED Gratuities: The City may, by written notice to the Contractor, cancel the contract or purchase order without liability to Contractor if it is determined by the City that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City of Lubbock with a view toward securing a contract or securing favorable treatment 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 the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Contractor in providing such gratuities. AGREED 05-077-MA.doc 16 rrM05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing 6 Force Maieure: Neither party shall be held responsible for losses or damages hereunder, if the fulfillment of any terms of provisions of the contract is delayed or prevented by strike, walkouts, acts of God, or public enemy, fire, or flood. AGREED 7 Assignment -Delegation: No right or interest in the contract shall be assigned or delegation of any obligation made by Contractor without the written permission of the City. Any attempted assignment or delegation by Contractor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. AGREED 8 Material Safety Data Sheets: Seller shall provide the City of Lubbock with current Material Safety Data Sheets (MSDS) for each chemical defined as hazardous under the Texas Hazard Communication Act (every chemical bearing any manner of warning label on the container) to comply with provisions of the Texas Hazard Communication Act, Title 6, Subchapter D, Chapter 502, Texas Health and Safety Code Ann. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) AGREED 9 Waiver: No claim or right arising out of a breach of the 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. AGREED 10 Rialit To Assurance: Whenever one party to the contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of this intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. AGREED l 1 Unsatisfactoa Work: If, at any time during the contract term, the service performed or work done by the Contractor is considered by the City to create a condition that threatens the health, safety, or welfare of the community, the Contractor shall, on being notified by the City, immediately correct such deficient service or work. In the event the Contractor fails, after notice, to correct the deficient service or work immediately, the City shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Contractor. AGREED 12 Time: It is hereby expressly agreed and understood that time is of the essence for the performance of the contract, and failure by Contractor to meet the time specifications of the contract will cause Contractor to be in default of the contract. AGREED 13 Silence of Specification: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial products and practices are to prevail and that only material and workmanship of the forest quality are to be used. All interpretations of the specifications in this bid shall be made on the basis of this statement. The items furnished under this contract shall be new, unused, of the latest product in production to commercial trade, and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these shall be experienced in design and construction of such items and shall be an established supplier of the item bid. AGREED 14 EnvironmentaI Stewardship The City of Lubbock is fully committed to environmental excellence. It is the policy of the City to demonstrate sound environmental performance by controlling and mitigating the environmental impact of City activities, operations, and services. This commitment extends to the procurement and contracting process. Contractors and suppliers selected to provide services and materials to the City are required to uphold an equally high standard. To that end all contractors and suppliers hired by the City agree to maintain full compliance with any and all applicable environmental regulations. In addition, contractors and suppliers agree to implement whatever processes and procedures necessary to reduce and eliminate pollution and wastes and conserve natural resources while under contract with the City. To the greatest extent possible, while still delivering the highest quality service or material, City contractors and suppliers, as well as any sub- contractors under their supervision, will: AGREED • minimize waste and pollution generation; AGREED • conserve natural resources and energy; AGREED minimize the use of hazardous materials by choosing the least toxic - yet effective - materials and products; AGREED 05-077-MA.doc 17 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing • use the highest available post -consumer content materials and products; AGREED • recycle and/or reuse as much as is possible, waste materials; and incorporate into project design energy efficient fixtures, appliances and mechanical equipment. AGREED 05-077-MA. doe 18 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing CITY OF LUBBOCK, TEXAS ITB #05-077-MA IV. Contract Specifications 1. GENERAL INSTRUCTIONS TO BIDDERS The Scrap Paper and Scrap Plastic will be sold "as -is, where -is" with no warranties whatsoever. The city of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities. AGREED 2. LOCATION Scrap Paper Goods and Scrap Plastics will be delivered to the successful bidder by the City of Lubbock. (The City of Lubbock will not deliver materials to the successful bidder if the location is more than 10 miles outside of the Lubbock City limits.) AGREED 3. STORAGE AND PROCESSING Commodities shall be processed inside a facility to eliminate windblown trash and contamination and shall be stored in a manner that will not reduce their market value. AGREED 4. FINAL DISPOSITION OF MATERIALS It is the intent of this ITB and Contract to have all materials (except for incidental trash) delivered to successful bidder recycled. If for some reason the successful bidder is unable to accomplish this, they must notify The City of Lubbock prior to disposal of material. AGREED 5. PRICING Pricing for each category of scrap paper, will be based on the weekly publication Official Board markets and will be allowed to fluctuate with the market. The base price paid for each delivery will be the Southwest Market High per ton on the day of the scrap delivery, calculated by multiplying the high base price per ton by the percentage bid of the successful bidder AGREED. Pricing for each category (separated or mixed) of scrap plastics wiII be based on the current mill price, and will be allowed to fluctuate with the market. The base price paid for each delivery will be the published mill price per ton on the day of the scrap delivery. The net price paid to the City of Lubbock will be calculated by multiplying the mill price per ton by the percentage bid of the successful bidder. AGREED 6. TERM — The purpose of this Invitation to Bid is to set a period of one year, firm pricing for the item(s) and./or service(s) described herein, with an option to renew annually, for up to two additional years upon mutual agreement of both parties under the same terms and conditions. AGREED 7. PAYMENT - A copy of the scrap prices page or current mill price, 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 of Lubbock within thirty (30) days from the date of delivery. Each payment must note that it is for the purchase of scrap paper or plastic goods from the City of Lubbock. AGREED 8. ADDITIONAL REPORTING -Contractor will provide a monthly activity report no later than the 10's day of the following month. The monthly report will contain a transaction ticket weight by each type of material listed by ticket number for each transaction and will include the total weight of each type of material delivered during the month. AGREED 9. AWARD OF BID 05-077-MA.doc 19 IT13405-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing Bid will be awarded on an "Item per Item" basis. If not bidding on a particular commodity please be sure to indicate on the bid form "No Bid". Otherwise, it might be assumed that 110" or a blank field indicates that the city of Lubbock will not receive any compensation for a particular commodity. AGREED V. CITY OF LUBBOCK, TEXAS STATEMENT OF NO BID The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Victor Kilman, Purchasing & Contract Manager, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. AGREED We, the undersigned, have declined to bid on your ITB # for the following reason(s): Specifications too `tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this product/s or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please sped below) Company Address: City: State: Zip Contact Name: Title: Business Telephone Number_ Internet Address: Company's Internet Web Page FAX: 05-077-MA.doc 20 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing 05-077-MA.doc 21 17B#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). AGREED Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. AGREED Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. AGREED I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. AGREED COMPANY NAME: JARVIS METALS RECYCLING, INC. Signature of Company Official: Date Signed: July 12, 2005 Printed name of company official signing above: JOHN SHELBY 05-077-MA.doc 22 CF13#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing CITY OF LUBBOCK NON -COLLUSION AFFIDAVIT STATE OF TEXAS ss LUBBOCK COUNTY J. David Walden being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said bidder has not directly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to self an advantage over any other bidder or bidders. Jarvis Metals Recycling. Inc. _ NAME OF FIRM IGNA7'URE OF BIDDER Paper Plant Manager TITLE Subscribed and swom to before me this[ day of �l,t _ �� ; 2ON N#y PublVi4and for the State o exas residing at ,iANET LYNN WILKE I -C. C� Pubhu � �wova, zoos L bc� f! o r�_ x S NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE BID/PROPOSAL 05-077-MA.doc 23 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing CITY OF LUBBOCK CONTRACT FOR SERVICES For Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing Bid No. 05-077-MA SCRAP PAPER CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract"), effective as of the day of , 2005, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a municipal corporation, and (66 f7). WITNESSETH WHEREAS, the City desires to sell scrap paper for the purpose of recycling same; and WHEREAS, has a professional staff experienced and qualified to purchase scrap paper and operate and maintain a facility for recycling same; and WHEREAS, the City desires to contract with for the sale of scrap paper 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 hereby agree as follows: AGREED 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 two (2) additional years with the written consent of both parties. AGREED ARTICLE 1I. COMPENSATION Pricing for each category of scrap paper, will be based on the weekly publication Official Board markets and will be allowed to fluctuate with the market. The base price paid for each delivery will be the Southwest Market High per ton on the day of delivery of the scrap paper to calculated by multiplying the high base price per ton by the percentages as follows: AGREED white paper shredded computer paper newsprint corrugated cardboard 05-077-MA.doc 24 ITBIl05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing ARTICLE III. PAYMENT 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 delivery. Each payment must note that it is for the purchase of scrap paper goods from the City. AGREED ARTICLE IV. TERMINATION In the event that Jarvis Metals Recycling 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. AGREED ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. Jarvis Metals Rec cy ling 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. AGREED B. Corporate Power J. David Walden has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. AGREED 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 Jarvis Metals Rec c'cllinThis Contract constitutes legal, valid, and binding obligations of Jarvis Metals. Recycling and is enforceable in accordance with the terms thereof. AGREED D. Contractor. Jarvis Metals Recycling maintain a professional staff and employs, as needed, other qualified specialists experienced in operating and maintaining a recycling facility, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. AGREED E. Performance. Jarvis Metals Reeling 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 BFI, INC., 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 BFI, INC. did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. AGREED ARTICLE VI. SCOPE OF WORK A. General. Jarvis Metals Recycling shall operate and maintain a recycling facility that shall take the City's recyclable scrap paper goods as set forth in Exhibit "A" attached and incorporated herein by reference as if fully set forth here, store and prepare the recyclable 05.077-MA.doc 25 lTB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing materials for shipment to a vendor to purchase the recyclable materials and ship the recyclable materials to the vendor. AGREED B. Transporting Recyclables. The City shall transport the recyclable materials from the Recycling Drop-off sites and the City municipal buildings. AGREED C. Transporting equipment. The City shall use City vehicles in transporting the recyclable materials from the City locations to the recycling facility. AGREED D. Location. Jarvis Metals Recycling shall accept and store the recyclable materials in an enclosed facility located at 7825 Olive Avenue. AGREED E. Hours of Operation. Jarvis Metals Recycling shall be prepared to receive recyclable materials Monday through Friday from 8:00 a.m. to 5:00 p.m. daily. AGREED F. Monthly Report. Jarvis Metals Recycling shall submit to the City a Monthly Recycling Activity Report, detailing the type and weight of recyclable materials that has been received, prepared for shipment and shipped to vendors. 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 tenth business day of the following month. AGREED G. Storage. Jarvis Metals Recycling shall ensure that all recyclable material that is received 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. AGREED H. Shipment. Jarvis Metals Recyclinp, shall ship recyclable materials to a vendor when there is an economical quantity available for shipment and it is acceptable to the vendor. AGREED L Backlog. Jarvis Metals Recycling 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. AGREED ARTICLE VII. CONTRACTOR'S INSURANCE The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. AGREED Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): AGREED TYPE AMOUNT 1. Commercial General (public) Liability insurance including coverage for the following: a. Products/Completed operations Combined single limit for 05-077-MA.doc 26 lTB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing b. Personal injury c. Advertising injury d. Personal injury e. Advertising injury f. Contractual liability h. Fire Damage (Any one Fire) bodily injury and property damage of $ 300,000 per occurrence or its equivalent. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. -AGREED REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: AGREED g. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; AGREED h. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; AGREED i. Provide for notice to the City at the address shown below by registered mail; AGREED j. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; AGREED k. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. AGREED 1. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. AGREED ARTICLE VIII. INDEPENDENT CONTRACTOR STATUS Jarvis Metals Recycling and City agree that Jarvis Metals Recycling shall perform the duties under this Contract as an independent contractor. The Jarvis Metals Rec cling has the sole discretion to determine the manner in which the services are to be performed. AGREED ARTICLE IX. EMPLOYMENT OF AGENTS Jarvis Metals Recycling may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Jarvis Metals Recycling under this Contract provided that Jarvis Metals Recycling is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by Jarvis Metals Recycling shall be required to carry, for the 05-077-MA.doc 27 ITB#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing protection and benefit of the City and and naming said third parties as additional insureds, insurance as described above in this Contract. AGREED ARTICLE X. CONFIDENTIALITY Jarvis Metals Recycling 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. AGREED ARTICLE XI. INDEM1vITY Jarvis Metals Recyclin>< 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 Jarvis Metals Recvclina its agents or employees, in the execution of this Contract. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS Jarvis Metals Recyclint; 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 Jarvis Metals Recycling to City or City to Jarvis Metals Recycling 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. B. Jarvis Metals Recycling 's Address. Jarvis Metals Recycling 's address and numbers for the purposes of notice are: Jarvis Metals Recycling. Attn: J. David Walden 7825 Olive Avenue, P.O. Box 1943 Lubbock, Texas 79408 Telephone: (806 ) 744-7091 Facsimile: ( 806 ) 7440909 C. City's Address: The City's address and numbers for the purposes of notice are: 05-077-M A.d« 28 ITB#05-077-MA. Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing City of Lubbock Attn: Debra Frankhouser P.O. Box 2000 208 Municipal Drive Lubbock, Texas 79457 Telephone: (806) 775-2482 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 15'h day after such notice is effective. AGREED ARTICLE XIV. 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. AGREED B. Audit. shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours 's books and records with respect to this Contract between the and City. AGREED C. Records. shall maintain records that are necessary to substantiate the services provided by . AGREED D. Assignability. may not assign this Contract without the written approval of the City. AGREED E. Successor and Assigns. This Contract binds and inures to the benefit of the City, , and their respective successors, legal representatives, and assigns. AGREED F. 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 LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. AGREED G. 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. AGREED 05•U77-MA. doc 29 f1B#05-077-MA, Sale of Scrap (Recyclable) Paper and Plastics — Annual Pricing H. 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 the and City. AGREED I. Entire Agreement. This Contract and related ITB, contains the Entire Contract between the City and , and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. AGREED EXECUTED as of the day of , 2005. CITY OF LUBBOCK By: Marc McDougal, Mayor Printed Name: Title: ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Debra Frankhouser Manager of Collections APPROVED AS TO FORM: John M. Knight Assistant City Attorney 05-077-MA.doc 30 City of Lubbock PURCHASING DEPARTMENT ROOM 204, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us DATE ISSUED: CLOSE DATE: ITB # 05-077-MA, Addendum #1 ADDENDUM # 1 05-077-MA Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing July 6, 2005 July 12, 2005 @ 2:00 P.M. CST The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. AGREED Please find the revised bid form to be returned with your response. The following change has been made. Item#]3, has been deleted and combined to Item#1. AGREED THANK YOU, Marta Alvarez CITY OF LUBBOCK Marta Alvarez Senior Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. AGREED ITB#05.077-MAAd 1 ** REVISED** CITY OF LUBBOCK Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing ITB #05-077-MA BIDDER'S submittal to the Purchasing Manager of the City of Lubbock, Texas. IN COMPLIANCE WITH THIS SOLICITATION AND TO ALL CONDITIONS IMPOSED HEREIN, THE UNDERSIGNED AGREES TO PURCHASE THE FOLLOWING ITEM (S) AS A RESULT OF THIS SOLICIATION. THE FOLLOWING SECTION SHALL BE SIGNED BY AN AGENT AUTHORIZED TO BIND THE BIDDER. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION. ITEM CATEGORY DESCRIPTION PERCENTAGE BID I. Corrugated State bid as a percentage of Southwest market high for Old Corrugated Cardboard (OCC) Cardboard Containers. Note Exceptions 1, 2 Chipboard 50% 2. Newsprint State bid as a percentage of Southwest market high for Newsprint. (ONES) Note Exceptions 2, 3 50% 3. Shredded State bid as a percentage of Southwest market high for Computer Paper. Computer Paper (CPO) Note Exception 2, 4 60% 4. White Paper State bid as a percentage of Southwest market high for Old Sorted White (SWO) Ledger Paper. Note Exception 2, 4 60% 5. Mixed Paper State bid as a percentage of Southwest market high for Mixed Paper. (MP) Note Exceptions 2, 4 20% 6. Magazines State bid as a percentage of Southwest market high for Old Magazines. NO BID 7. Junk State bid as a percentage of Southwest market high for Mixed Paper. Mail/Envelopes NO BID 8. Phone Books State bid as a percentage of Southwest market high for Mixed Paper. NO BID 9. PET Plastic State bid as a percentage of current Mill Price for HDPE (# I) Separated Separated (# I ) Note Exceptions 2, 5 20% l0. HDPE Plastic State bid as a percentage of current Mill Price for HDPE (#2) Separated Separated (#2) Natural Opaque Natural Opaque Note Exceptions 2, 5 20% H. HDPE Plastic State bid as a percentage of current Mill Price for HDPE (#2) Separated Separated (#2) Colored Copolymer/Pigmented Color #2 Note Exceptions 2, 5 20% 12. Mixed Plastic State bid as a percentage of current Mill Price for PET (# I) and HDPE (#2) PET (# 1) & HDPE (#2) NO BID Property will be sold "AS -IS, WHERE -IS" without expressed or implied warranties. The city will sell this property to the highest bidder. Exception List Sale of Scrap (Recyclable) Paper and Plastics - Annual Pricing ITB 405-077-MA 1. Jarvis Metals Recycling reserves the right to subtract up to 20% of the net weight due to trash and other contaminates. 2. Jarvis Metals Recycling reserves the right to deny acceptance of any delivery of material deemed unacceptable including moisture content. 3. Materials must be dry and /or not sunburned. 4. Jarvis Metals Recycling provides no sorting of higher grade materials, therefore material is graded based on lowest grade mixed with delivery. 5. Material volume results in viable material sales, typically once a year. Jarvis Metals Recycling will pay the City the Mill Rate percentage on sale and shipment of material on that month which material is sold. JUL -27-05 WED 10.27 AM FAX NO, 8 F. 01 ii^4j{IS;pt<`: ' -- ­1 ,x �„+ice ....,, J11'`pu. DAB (fNAuooiYff :. ' ON •ia �, .r't• °'t••V.,n?+f•:, :! Ml pl;ea=0 '`� 712 71D9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Daniels Ins;. Hobbs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1252 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAG9 Hobbs NIA 88240 COMPANY (506) Ace Property_ and Casually__,_, INSURED COMPANY Jarvis NatAIs Renycling B COMPANY P. 0. Bay 1043 Lubbock, TX 79408 C COMPANY D ii •.'Z i{ :'F, i'^`•. L:C: {'. ysh 7•. .�: '' .}:'•'} 4�i. ,hi ..i}Ysa •" a i. 1> a Y..2f' :s:<:k ;•' Irv".L' 1 n • �tl...:}; R •..., Y i •. n6::. i`� .:! }.5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCELISTED BELOW HAVE B£ENISSUEDTOTHE INSUREDNAM EDABOVEFORTHEPOLICYPE:RIOD INDICATL-D, NOTWITHS TAND ING ANY REOUIREMENT,TERM ORCONDITIONOF ANY CONTRACTOR OTHER DOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCAIBLD HEROIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER L-MT ^ POLICY 0FFECTIVE POLICY EXPIRATION DATE (MMlDDIYYI DATE (MMIDDIYY) LIIIAR>: A DIENERA6LUDILITY OSS978069 10/01/04 10/91/06 GENERAL AGGREGATE 5 j3pdD,DQO X COUMERCIAI,GENERAL LIABILIIY ULANK&T ADDITIONAL PRODUCTS•CCMP/OP AGO f 2 01 00,0 a Y CI•ALW3 MArW[X� OCOJR INSURED 16 WAIVER OF PERSONAL i ADV INJLMiY S 1,0001000 EACH oGCUARCNCE OWf fl b CONTRACTo(l'J PRaf SUBROGATION IF REOI)IREO 5 _ 1,00D,000 BY WRITTEN CONTRACT FIRE AAMAGIZ (Any ono Ilre) 4 300,oac MED EXP (An) ono parson) f 10.600 A AUT' MOBLELIABILITY If081B9081 10/01/04 10/01/05 COMMNED SINDLE LIMIT S x ANY AUTO BLANKET ADDITIONAL 1,000,000 BODILY INJURY • - S ALL OWN1.0 AUTOS INSURED d WAIVER Of SCHFDULED AUTOS SUBROGATION IF REDUIRED (Per parson) BODILY INJURY X HIAD AUTOS 8V NAITTEN CONTRACT s - NOI+OWNED AUTOS far acciWfnl) CPERTV DAMAGE F ✓P GARAGELIABIL-frY AUTO ONLY . EA ACCIDENT S - ANY AUTO OTHER TI•IAN AUTO ONLY: EACH ACCIDCNT S S AGGREGATE VICES$ WABLrrY EACH OCCURRENCE S UW3MLA FORM AGGREGATE S - OTHER TRAN IUIIIRI:LLA r(x(M 5 WORKERS COMPENSATION AND IC SIA 0 H• rnaY EMPLOYERr' LIABILITY LOdILe ,. EL EACH ACCIDENT S THU PROPMEfOR/ PAR f NEFC/E•XCCUTIYC v {NCL S EL DISEASE -POLICY LIMIT OFFIC.r:RS AREEXCL EL DISEASE -EA EMPLOYEE S OTHER DIRI"iPMON OF OPiSFOATIONIOLOCATIONSIVEWIMFWSPECIALITEMS A)I OpOri#IOn: of the Insured per g0ll0y conditions, Liability Cantlaopj4l Unitod States, Additional Insured endorsement listod an 61. A Auto pal Islas. Wa(vor of subrogation on all policies. •. '• .. •:, ... •^ ��*az Yin, ` ol� n��r�:...... n�; '�;,,.:�., ¢ �1?Ch .' ..,. ,•:a..m�r. sir �'4b�.. � Vi..^s {�•�; r. 4}9yo�.. � a'' .... ^.t; iaw�:w�`. ... Yfi',�Si;s ,••,Lip•. SHOULD ANY OF THE ABOVE DESCRIOED POLICIES BI CANCELLER BEFORE THE CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUINO COMPANY WILL ENDEAVOR TO MAIL VICTOR KI LMAN - PURCHANSING 30 DAY$ WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMFM TO THE LEFT, BID $05-077-)(A BUT FALuRE TO IWAL SUCH NOTICI SHALL IMPOSE No OBLIGATION OR LIABILITY 1625 131H STREET OF ANY KIN COMP , TS AGENTS OR REPH68ENTATIYEs. ROOM 2134 AUTHOR �D TAIw