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HomeMy WebLinkAboutResolution - 2010-R0255 - Contract For Sale Of Scrap W_Commerical Metals - 05_27_2010r Resolution No. 2010-RO255 May 27, 2010 Item No. 5.17 RESOLUTION BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for sale of scrap (recyclable) metal - annual pricing (secondary), by and between the City of Lubbock and Commercial Metals. 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 on Ma r�272 2010 TOM MARTIN, MAYOR ATTEST: Rebed& Garza, City Secretary AP ROVED AS rU CONTENT: `--- .( James Loomis, Assistant C^� Mana er h' g APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw ccdocsiRES Contract -Commercial Metals May 5, 2010 Resolution No. 2010-RO255 SERVICES AGREEMENT This Services Agreement (this "Agreement") is entered into as of the 27TH day of May, 2010 ("Effective Date") by and between Commercial Metals Company of Lubbock, Texas (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals (RFP 10-041-FO) for Sale of Scrap Metal. WHEREAS, the proposal submitted by the Contractor has been selected as the secondary contractor which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide sale of scrap metal upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Proposal 3. Exhibit A — Pricing Sheet 4. Exhibit B — Insurance Requirements Article 1 Services. 1.1 Contractor agrees to perform services for the City that are specified under the Specifications. 1.2 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.3 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, 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 Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, 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 Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other partY- 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. Article 3 The City Right to Audit 3.1 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. City of Lubbock, Texas Tom Martin, Mayor ATTEST: Rebe&a Garza, City Secretary �S Loomis, Transportation Assistant Manager APPROVED AS TO FORM: �X/ �� - Chad Weaver, Assistant City Attorney Jarvis Metals Recycling Inc. B f J I y� - Name: David Bayouth Title: President Resolution No. 2010-RO255 Croc Proposal Sale of Scrap Metal February 9, 2010 } Submitted By: CMC Recycling Lubbock, Texas RFP 10-Ud1-FOSaleofSov, Metal City of Lubbock, Texas Purchasing & Contract Management Sale of Scrap Metal RFP 10-041-FO Checklist Please ensure that you complete and return the following documents and information to the City of Lubbock Purchasing and Contract Management Department before the deadline. Any corrections must be initialed by person making the correction. Late submittals will not be accepted. Documents MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Completed and signed Proposal Form^y Completed Price Sheets ✓" Completed and signed SUSPENSION AND DEBARMF,NT CERTIFICATION. Consideration of Location of Bidder's Principal Place of Business Affidavit of EligibilityW Provide one original and three copies of proposal, clipped on or in notebook. ✓ List of any and all exceptions to the Request .for Proposal (please reference the section number and the page number of the RFP for each exception) FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE. [LI A:SE [NCLUDE THIS COMPLETED PAGE AS TIIE FIRST PACE OF YOUR SUBMIT"T'AL. 10P 10-041-F0 UP 10-04 14*0 sale of Scrap Metal City of Lubbock, Texas Purchasing & Contract Management Sale of Scrap Metal RFP 10-041-FO In an effort to better serve the business community, the City of Lubbock Purchasing and Contract Management Department is conducting the following survey. We appreciate the time and effort expended to submit your offer. Please take an additional moment to complete the information below. If you have any questions or need more information, please call (806)775-2572. 110W DID YOU RECEIVE NOTICE OF THIS REQUEST FOR PROPOSALS? Lubbock Avalanche Journal? Yes X No City of Lubbock Channel 2 Yes _X_ No Prom Plan Room or other type of service;? Yes X_ No Did you access the City of Lubbock website to search for bids? ��Yes wX_ No Facsimile or email from bidsync.com? X Yes No Did you download from your home computer? Yes X No Did you download from your company computer? X Yes --No Requested a copy from Lubbock Purchasing and Contract Management Department? Yes _X No Are you a member of Bid Sync? _X Yes No Other: Please include this page with your submittal. THAAW YOU. RFP 10-041-F0 3 UP 10JA 1-FO sale d Scrap Metal City of Lubbock, TX Consideration of Location of Bidder's Principal Place of Business Affidavit of Eligibility Pursuant to Subchapter/., Chapter 271, Texas Local Government Code, In purchasing under the title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive scaled bids Lpom a Offeror whose principal place of business is in the municipality and whoa: bid is within five percent of the lowest bid price received by the municipality from a Offeror who is not a resident of the municipality, the municipality may enter into a contract for an expenditure of less than S I00,000 with: (1) the lowest Bidder; or (2) the Offeror whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local Offeror offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality. "Ibis section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 (J.S.C. Section 153. In order to receive consideraflon, Bidden must submit the affidavit to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13" Street, Suite 204 Lubbock.'IX 79401 Complete all areav below. Incomplete afftdavits may he rejecter!. Local Business Name: CMC RECYCLING LUBBOCK Local Address (must be within the City limits): 212 CR 5900 LUBBOCK, TEXAS 79403 Address of the company's principal place of business within the United Stites: 212 CR 5800 LUBBOCK. 'TEXAS 79403 1. [low many residents of the City of Lubbock are employed at the above business louttion? _ _ 9 2. Year your business was established in the City of Lubbock: 1962-1996 1989—Pr;sunt 3. For transactions that require sales tax, provide the following Reseller information: Itcscllcr Permit Number: _ TAX ID q 1-7540725338-7 Company Name and Address (as it appears on permit): COMMERCIAL METALS COMPANY 212 CR 5800 LUBBOCK. TEXAS 79403 4. Does your business have more than one office in the State of Texas? X Yes —No If Yes, identify the office location considered as the point -of sale credit for sales tax purposes: COMMERCIAL Mr, TALS COMPANY 6565 MACARTf{UR BLVD. IRylNu TEXAS 75039 5. Was the local business required to pay business and/or real property tax for the most recent lax year? X Yes No If Yes, did the local business pay any of the tax to the City orLubbock? �__. Yes X No RFP 10-041-FO 4 RFP 10.041-FO Salc of Scrap Metal Under I=Wty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm, corporntion or entity intentionally submitting tatse infimnatitn to the City in an attempt to qualify for eligibility shall be prohibited from bidding on City of Lubbock products and services f period ofone (1) ear. Authorized Signature.: r _--- Date:..__ 2111 0l0___ Printed Name and l'itle:_ DIENNIS MC"COLLUM BRANCH MANAGER CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder/Offeror And Attached to Submittal I, the undersigned Bidder/Offeror, certify that the insurance requirements contained in the bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded the 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 the bid/proposal and shall include the following language: City of Lubbock named as primary additional insured on Auto/General Liability & Waiver of subrogation in favor of the City of Lubbock to include Products and Completed Operations op;#1 coverages. Contractor CONTRACTOR'S NAME: CMC RECYCLING LUBBOCK.. TEXAS (Print or Type) CONTRACTOR'S ADDRESS: 212 CR 5800 Name ofAuent/Broker: Marsh Risk & Insurance Serv. Address of Agent/Broker: 345 California Street City/State/Zip: San Franeisoco CA 94104 Agent/Broker Telephone Number.. ( 800 ) 222-4365 Date: 2/11/2010 NOTE TO CONTRACTOR RFP I OJA l-FO RFP io-odd-Fosweascmpmow If the time requirement specified above is not met, the City has the right to reject the bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager at (805) 775-2165. n City of Lubbock, Texas Purchasing & Contract Management Sale of Scrap Metal RFP 10-041-FO SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contractingwith or making sub -awards under covered transactionsto parties that are suspended or dearred 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). 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. 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. 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. COMPANY NAME: COMMERCIAL METALS COMPANY FEDERAL TAX ID or SOCIAL SECUIYTY No. Signature of Company Official: Printed name of company official signing above: DENNIS MCCOLI.UM Date Signed: 2/11/2010 RFP 10-041-FO RFP 10-04 1-1-0 Sale of Scrap Metal SU t3MIT TO: CITY OF LUBBOCK Purchasing bk Contract MLUBBOCK,� anagement 3L`, CITY OF EXAS ity of 1625 ! 3rh Strut Suite 204 'I'Mock REQUEST FOR I,uhbocJkTX 79401-3830 PROPOSAL CONTACT PERSON: Marts Alvarez _. 10-041-FO AN EQUAL TEL: 806.775.2169 FAX: OPPORTUNITY 806.775-2164http://purchssing.ei,lubbock.Lv.us EMPLOYER '5'1'5E: Sale of Scrap Metal��- SUBMCITAL DEADLINE: - February 11, 2010, 3:00 p.m. CST PRE PROPOSAL DATE,iLMEAND LOCATION. 10:00a.m.,.Ianuary27, inypivivudsRCBINLi{fierihenar.imdlinCAvedabove, 2009, at City Hall, Purchasing Conference Room, 1625 13'h Street, regaffless ojthe modrojdelf wy, .ehed1 he mturnmiun(ywmed ]Lubbock. 'Texas. RESPONDENT NAML: CMC RECYCLING LUBBOCK IF RM URNING AS A -NO RI SPONSF-, PLI:ASE ST,crE RFAS'ON. MAILING ADDRESS: 212 CR 5800 CITY STATE ZIP: The City of Lubbock appreciates time and effort in preparing proposals. LUBBOCK, 'I XAS 79403 All Offerors should familiarise Ihemsclvcs with the INSTRUC'ITONS'r0 OFFERORS and GENERAL REQUIREMENTS in the RFP. rFI,EPI-TONE NO, 806-746-5025 '111e City of LUblxack msen." the npfa to ",ocpt or reject any and all proposals in whole or in part and waive any informality in the competitive proposal process. Further, the City reserves the right to enter into nny contract FAX NO: 806-746-5026 darned to he in the bast interest of the City. It is the intent and purpose of the City that the request permits armpelilive E-MAIL: Dennis.mccollum iicmc.com proposals. It is the Ol%ror's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any FEDERAL TAX 1D NO. OR SOCIAL. SECURITY NO. I-75-0725�38-7 combinations thereof, inadvertently restricts or limits the requirements slated in the RFP to a single source. Such notification must he submined in writing and must be received by the Purchasing Manager no later than five 5 business days prior to the shove submittal deadline. r11F: OFFEROR IIERFRY ACKNOWLEDGES RECEIPT OF AND AGREES ITS PROPOSAL IS BASED ON ANY ,%DDF,NDA POSTED ON RIDSYNC.COM 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. Will any officer or employee of the City, or member of their immediate family, benefit from the award or the contract to the above firm?._,.-, YES X NO IN COMPLIANCE WITI'I THIS SOLICITATION, TIIE UNDERSIGNED OITEROR HAVING EXAMINED'111E REQUEST FOR PROPOSAL, AND BEING FAMILIAR Wfrll TIIE CONDITIONS TO BE MET, HEREBY SUBMffS THE FOLLOWING. AN INDIVIDUAL, AUTTIORIZED TO BIND TIIE COMPANY MUS'r SIGN THE FOLLOWING SECTION, FAILURE TO EXECUTE IMIS PORTION MAY RESULT IN PROPOSAL R 1 JFCTION. By my signature I certify that the offer is made without prior understanding agreement, or connection with any corporation, firm, business entity, or person submilling an offer for the same mafcrials, supplies, equipment, or stervicc(s), and is in all respects fair and without collusion or liaud. I lusher agree that if the oflcr is accepted, the Offeror shall convey, well, 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 '1'exas for price fixing relating to the particular commodi ) or service (s) purchased or acquired by the City of Lubbock. Al the City's discretion, such assignment shall be made and become effective at the ti c City ttatders final cndor. BRANCH MANAGER Authorized Signature 'title DENNIS MCCOLLUM 2/11/201 type Name bate 'THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. RFP 10-041-1:0 RrP I U-N 1.1-a Safe or Snip Metal City of Lubbock, Texas Purchasing & Contract Management Sale of Scrap Metal RFP 10-041-FO 1. INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY, TIME & DATE 1.1 The City of Lubbock ("the City) will receive written and sealed competitive proposals for Sale of Scrap Metal until 3:00 p.m. CST, February 11, 2010, if date/time stamped on or before 3:00 p.m. at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the Offeror_ Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "RFP 10-04140, Sale of Scrap Metal " and the closing date and time. Offerors must include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Suite 204 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals and proposed contracts are delivered to the Purchasing and Contract Management Department. Mailing of a proposal does not ensure that the proposal will be delivered on time or delivered at all. If Offeror does not hand deliver proposal, the City suggests that Offeror uses some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of proposals, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.3 Proposals are accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals are accepted by oral communication, telephone, electronic mail, telegaphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.4 Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initialed by Offeror guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum. 1.6 A proposal is subject to being considered irregular and may be rejected if the proposal shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. CLARIFICATION OF REQUIREMENTS 2.1 It is the intent and purpose of the City that the RFP permits competitive proposals. It is the Offeror's resRgnsibility to advise the Purchasing btanAggr if anx_ language requirements,. etc._, or any_ combinations thereof, inadvertently restricts or limits the requirements stated in the RFP to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) business days prior to the proposal closing date. A review of such notifications shall be made. 2.2 ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSAL (RFP) MUST BE SUBMITTED IN WRITING NO LATER RFP Itl-tail-FO 8 RFI' 10-041-FO Sak of Sapp Metnt THAN FIVE (5) BUSINESS DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Felix Orta City of Lubbock 1625 ITh Street, Suite 204 Lubbock. Texas 79401 Fax: (806) 775-2164 Email: Forta(d.Nnylubbock.us BidSync: rvww.bidsvnc.coni PRE -PROPOSAL MEETING 3.1 To familiarize Offerors with the requirements, answer questions, and issue addenda as needed for the clarification of the Request for Proposal (RFP) documents, a pre -proposal meeting will be held at 10:00 a.m.. 3anuary 27, 2010, at City Hall, Purchasing Conference Room, 1625 13'" Street, Lubbock,, Texas. All persons attending the conference shall be asked to identify themselves and the prospective Offeror they represent. 3.2 It is the Offeror's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City shall not be responsible for providing information discussed at the pre -proposal meeting to Offerors who do not attend the pre -proposal meeting. 3.3 The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal 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 ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the meeting. ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available at www.bidsvnc.com. You should 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. 4.2 Any Offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing and Contract Management Department. At the request of the Offeror, or in the event the Purchasing and Contract Management Department deems the interpretation to be substantive, the interpretation is made by written addenda issued by the Purchasing and Contract Management Department. Such addenda issued by the Purchasing and Contract Management Department are available at w_ww.bLd5ynu.com and shall become part of the proposal package having the same binding effect as provisions of the original RFP. No verbal explanations or interpretations are 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 Pwchasing and Contract Management Department no later than five (5) business days prior to the proposal closing date. 4.3 The City does not assume responsibility for the receipt of any addendum sent to Offerors. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each Offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of the RFP. 5.2 Before submitting a proposal, each Offeror shall be responsible for leaking all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the OtTeror from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposal. RrN I mw I -rct RFP ia-wi-to sale orsemp Metal PROPOSAL COPIES 6.1 Offeror's must submit the original and three copies of the sealed proposal to the Purchasing and Contract Management Department prior to response due datettime. Failure to submit the additional copies may result in the proposal being declared unresponsive. The original must be clearly marked "ORIGINAL" and the copies must be clearly marked "COPY". 6.2 All proposals, responses, inquiries, or correspondence relating to or in reference to the RFP, and all electronic media, reports, charts, and other documentation submitted by Offerors shall become the property of the City when received. 6.3 Proposals shall remain valid for a period of sixty (60) calendar days for the date of submission. PROPOSAL PREPARATION COSTS 7.1 issuance of the RFP does not commit the City, in any way, to pay any costs incurred in the preparation and submission of a proposal. 7.2 The issuance of the RFP does not obligate the City to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a proposal shall be paid by the Offeror. 8 TRADE SECRETS, CONFIDENTIAL iNFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 if you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 Proposals are opened in a manner that avoids disclosure of the contents to competing Offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. 8.3 The City of Lubbock honors notations of trade secrets and confidential information and declines to release such information initially, but please note that the final determination of whether a particular portion of your proposal 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 proposal that you have marked as being confidential information, you will be notified of such request and you shall 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. 8.4 Marking your entire proposal CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 9.1 The City of Lubbock hereby notifies all Offerors that in regard to any contract entered into pursuant to the RFP, Disadvantaged Business Enterprises (DBEs) are afforded equal opportunities to submit proposals and shall not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 9.2 A DBE 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 RFP 10-041-FO 10 RFP 10-IW I-1`0 Sale of Soap .M WI 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. r 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 the RFP, Historically Underutilized Businesses (HUBS) are afforded equal opportunities to submit proposals and shall not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 10.2 A HI1B 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 5101b 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. 11 CONFLICT OF INTEREST HA The Offeror 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. 11.2 By signing their proposal, the Offeror certifies and represents to the City that the Offeror 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 the RFP. 12 ANTI -LOBBYING PROVISION 12.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 12.2 This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the ofTeroes proposal.protect the integrity of the RFP process. Violation may result in rejection of the Offeroes proposal. 13 AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL Proposals must show vendor name and address of Offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions. Person signing proposal must show title or AUTHORITY TO BIND THEIR FIRM IN A CONTRACT. Failure to manually sign proposal shall disqualify the proposal. 14 ABOUT THIS DOCUMENT This document is a Request for Proposal. It differs from an Invitation to Bid in that the City is seeking a solution, as described in the following General Requirements section, not a bidlquotation meeting firm specifications for the lowest price. As such, the highest price proposed will not: guarantee an award recommendation. Sealed proposals are evaluated based upon criteria formulated around the most important features of a product or service, RFP i 0-0a t-rO 11 AFP 10-041-F0 Side of Suap Nldil of which quality, testing, references, availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an Offeroes approach meets the desired requirements and needs of the City. The criteria used and considered in evaluation for award are set forth herein. The City shall thoroughly review all proposals received. The City shall also utilize its best judgment when determining whether to schedule a pre - proposal conference (before proposals are accepted), or meetings with Offerors (after receipt of all proposals). A Purchase Order/Contract shall be awarded to a qualified Offeror submitting the best proposal. The City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints. 15 EVALUATION PROCESS 15.1 All proposals are evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant. 15.2 Respondents to the RFP may be required to submit additional information that the City may deem necessary to further evaluate the Officror's qualifications. 15.3 The committee will evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal. 15.4 The committee will arrive at a short list of the top respondents and the short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations are at no cost to the City. At the end of the oral presentation and interview, the evaluation of the short-listed respondents is completed. The oral interview may be recorded and/or videotaped. 16 SELECTION 16,1 Selection shall be based on the responsible Offeror whose proposal is determined to be the most advantageous to the City considering the relative importance of evaluation factors included in the RFP. 16.2 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 THE REQUEST FOR PROPOSAL. 17 EQUAL EMPLOYMENT OPPORTUNITY Offeror 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 violation of Title Vl[ of 1964 Civil Rights Act and amendments, except as permitted by said laws. 18 NONAPPROPRIATION All funds for payment by the City under the contract are subject to the availability of an annual appropriation for such purpose by the City. In the event of non -appropriation 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 the contract is spent, whichever event occurs first, If at any time funds are not appropriated for the continuance of the 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 the contract beyond the date of termination. 19 PROTEST 19.1 All protests regarding the REP process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of proposals. This includes all protests relating to RFP 10-041-FO 12 RI-P 10- WI-FO Sale of Scy3p McEW advertising of notices, deadlines. proposal opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. 't+3 This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations are made available for public review prior to consideration by the City Council as allowed by law. 19,2FAILURE 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 proposals to the City. Please let us know of any requirement causing you difficulty in responding to our Request for Proposal. We want to facilitate your participation so that all responsible firms s can compete for the City's business. Awards should be made approximately two to six weeks after the opening date. If you have any questions, please contact the City of Lubbock Purchasing Manager at (806) 775-2572. UT I M4 t-FO 13 SPECIFICATIONS FOR Sale of Scrap Metal 1. INTENT RFP M-44I-FO Sale (if Scrap Metal a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and individuals, (hereinafter called "Offeror") for the sale of scrap metal accumulated at the Solid Waste Landfill, the West Texas Regional Disposal facility, the Citizen Convenience Stations and Recycling Drop -oft' Centers as well as other scrap metals generated by the operations of LP&L, Water Utilities, Airport, Traffic and other city departments. Prices are quoted for various categories of scrap metal as a fixed amount either above or below the high consuming buying price of the Houston market price in the American Metal Market on the date of delivery. All or none proposals are solicited for scrap metal delivered to the Contractor's yard by the City and Picked up by the Offeror. Each department will be responsible for managing the accumulation and sell of their scrap metal to the contractor. b) 'Me primary objective of this Request for Proposal is to secure a qualified contractor(s) to purchase scrap metal materials from the City of Lubbock either picked up by the successful offeror at locations designated by the City's Representative or delivered to the offerors designated processing site(s) by city personnel. c) For the purpose of this RFP, scrap metal shall be defined as any discarded metal item or material from whatever substance, that may be reclaimed through melting and refining, and the condition of which in its present form makes it unsuitable for any other use. d) Offerors are invited to submit their best solution and demonstrated competence and qualifications of their firm for providing these services. e) The information contained within this document is intended to provide interested firms with the requirements and criteria that will be used to make the selection. 2. TERM OF CONTRACT: 2.1 The period of this contract shall be for one year contingent upon City Council approval. This contract may be renewed at the expiration of its term by agreement of both parties. Such renewal may be for (4) four additional one-year periods, if agreeable to all parties for a total contract length of five years. 2.2 Notice of Intent to renew will be given to the Proposer in writing by the City Purchasing Manager, 60 days before the expiration date of the current contract. (This notice will not be deemed to commit the City to a contract renewal.) 2.3 It should be noted that multiyear contracts may be continued each fiscal year only after funding appropriations and program approval have been granted by the City of Lubbock City Council. In the event that the City of Lubbock City Council does not grant necessary funding appropriation/program approval, then the affected multiyear contract becomes null and void effective October 1 of the fiscal year for which such approvals have been denied. 2.4 This contract shall remain in effect until the expiration date, performance of services ordered, or termination of either party with a thirty (30) day written notice by either party prior to any cancellation. Such written notice must state the reason for cancellation. 3. AUTHORITY TO CONTRACT FOR SALE OF SCRAP METAL: 3.1 Whenever in the judgment of the City of Lubbock City Council such action may be necessary or advisable, they may determine to have the City enter into a contract or contracts for the sale of scrap metal in accordance with the best interest of the City of Lubbock and its citizens. 3.2 The contract shall be for such terms as they may determine, but not to exceed in any instance five (5) years for a non-exclusive contract, and the City Council may authorize the making on the part of the City RH 10491-FO 14 RFP 10-04140 Sale of Scrap Metal of Lubbock one or more contracts and if they determine it necessary, may limit such contract to a certain category of scrap metal, such as copper, aluminum, brass and the like. 3.3 Offeror must provide all facilities, labor, materials, equipment and supplies necessary for the complete performance of this contract. 4. CITY'S REPRESENTATIVE: 4.1 Whenever the word City's Representative or representative is used in this RFP and in the Contract, it shall be understood as referring to, City of Lubbock, or its representative DEBRA FRANKHOUSER MANAGER OF COLLECTIONS: or to such other representatives, inspectors or supervisors as may be authorized by the City of Lubbock to act in any particular under the contract. 4.2 Supervisors or inspectors will act for the City under the direction of the City's Representative, but shall not directly supervise the contractor or persons acting on behalf of the contractor. 5. REMOVAL OF CONTRACTOR OWNED EOUiPMENT: The Offeror shall be responsible for removal of Offcror's owned equipment, if any, within five (5) working days after the termination of this contract. 6. PRICES• 6.1 Amounts of other scrap metal, not listed may be generated by City activities and delivered to, or picked up by, the Offeror. The market price "high" on the date of delivery to the Offeror's yard, or pickup by the Contractor, will be accepted by the City. "High" shall mean the highest price when a price range is quoted in the American Metal Market Consumer Buying Price. 6.2 Prices quoted by each offeror shall be based on the CONSUMER BUYING PRICE "High" as quoted in the "American Metal Market" on the date of delivery. "High" shall mean the highest price when a price range is quoted in the American Metal Market Consumer Buying Price. 6.3 Should the scrap metal market drop drastically, and if agreeable to all parties, the rates may be adjusted upward or downward at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price index (PPI), whichever is most appropriate for the specific contract. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 7. PRICING 7.1 Each Proposer must complete, and submit with their proposal, their pricing schedule attached hereto as Exhibit "A". 7.2 Please place all offeror's percentages for the specific metal categories listed on the attached pricing sheet. Price evaluation shall be made on the description as they appear on the publications. The pricing offered is to include all costs for the services described in this proposal. NO additional fees for collection, processing or transport are to be charged 7.3 Due to the variety of metals involved and to the fluctuating prices of metals, all vendors are requested to bid their price based upon the American Metals Market, first publication of the month, first Friday of the month. Price is to be firm until the fist publication of the following month. All pricing is to be based on #1 heavy melt, Houston TX, Market high side. 7.4 The multiplier is to be determined by the proposer who is bidding on proposal. 7.4.1 The West 'texas Regional Disposal Facility at 17304 North FM 2528 will be used to determine delivery distance from that point to the Contractor's receiving facility. The location of the Southside Drop-otfat 1631 84's Street will be used to determine delivery distance from that point to the Contractor's receiving facility, 7.4.2 For evaluation purposes only, the proposal will be lactored using a distance factor of $3.00 per loaded mile (one way), with an average load of 5 tons, and using the CONSUMER BUYING PRICE "high" as quoted in the "American Metal Market" and in effect on the close date of the IZF11 10-041-FO 15 RFP 10-0-11-FO Sale or Scrap Metal RFP. The distance factor will be deducted from the amount of revenue bid as the cost of delivering the materials to the Contractor. An example follows: Offer A Bids $23.00 revenue per ton (Consumer Buying Price plus/minus bid per ton) Receiving facility is located 20 miles from point of reference. Offer B Bids S20.00 revenue per ton (Consumer Buying Price plus/minus bid per tort) Receiving facility is located 5 miles from point of reference Offer A 20 miles x $3.00/loaded mile 60.00 5 tons x $23.00/ton $115.00 $115.00 -60.0 $ 55.00 Offer B 5 miles x $3.00/loaded mile 15.00 51ons x $20.00/ton $100.00 $100.00 - 15.00 $ 85.00 Using the delivery distance factor, as shown in the above sample, Offer B would be award the contract despite the lower Bid price. 8. ORDER OF PRECEDENCE: In the event of conflict, the Specifications of the RFP shall take precedence over the Instructions to Bidders included herein. 9. DELIVERY/PICK-UP PERFORMANCE: 9.1 In the case of scrap metal delivered to the Contractor's yard by Cityof Lubbock the Contractor must provide a licensed weighing facility. Deliveries will be made by City of Lubbock, Monday through Friday, except holidays, between the hours of 8:00 A.M. and 3:30 P.M., and Saturday, except holiday weekends, between the hours of 8:00 A.M. and 12:00 NOON. 9.2 In the case of scrap metal picked up by the Contractor, the City Representative, will notify the Contractor by telephone to make a pickup. The Contractor shall make pickup within 48 hours (two business days) after notification. 9.3 Loading Materials shall be loaded by contractor personnel, in an efficient, safe and competent manner. The City of Lubbock shall not be responsible for weight distribution of load, however City personnel will be allowed to assist if necessary. The City will not be responsible for the load or tic down. 9.4 All transportation and collection costs arc the responsibility of the proposer. 10. WEIGHT TICKETS: 10.1 When scrap metal is delivered to the Contractor's yard by City of Lubbock, the Contractor must furnish certified weight tickets both to the driver of the vehicle and to the City's Representative for each load, and must indicate on each weight ticket the name of the City Department making the delivery and the City vehicle number. The City's Representative reserves the right to verify weights at a control facility selected by the City's Representative, if a discrepancy exists between the weight at the Contractor's facility and the control facility, the weight at the control facility shall prevail in determining payments. RFP 10-041-FO 16 kf P 1 "414`0 Salo or Scrap MeW 10.2 When scrap metal is picked up by the Contractor, the truck must be weighed in and out at a weigh facility. At the time of pickup, the Contractor shall furnish a certified weight ticket for each load picked up. Each ticket must indicate the City Department and the Department's location (address) of the pickup, the date, s' time and weights (gross, tare, and net). The Contractor must provide equipment capable of making container pickup without re -handling of the scrap metal. Contractor's truck should be empty upon arrival for pick-up. 10.3 The Contractor's facility shall have the ability to handle the automated unloading of standard refuse and recycling vehicles, including roll-off'roll-on containers and tractor -trailer units, without undue delay. UNDER NO CIRCUMSTANCES SHALL THE CONTRACTOR LEVY AN UNLOADING FEE ON T14E CITY. I PAYMENT PROCEDURE: 11.1 The Contractor shall submit to the Chy's Representative and to each City Department a monthly summary statement referencing the contract, listing the weight ticket numbers, dates, lbs., tonnage and City Department. The summary statement shall also cover revenue for pickups and/or deliveries and any pickup fees made during the term of the contract. The summary statement must be accompanied by one copy of all weight tickets and a copy of the appropriate page of the "American Metal Market" designating the price during the time which deliveries were made. 11.2 Payment, for the net amount, shall be made by the I Oa' of the following month, by check made payable to the City of Lubbock. individual checks shall be sent to each City Department for the amount of scrap metal sold to the contractor, along with a statement of the type of metal sold, and the tonnage. 12 PICKUP LOCATIONS/CONTAINER PLACEMENT 12.1 As determined by the City's Representative, the City shall furnish sufficient quantities of containers for various categories of scrap metal included in Items 1-33 shown on the Bid Form at the following locations: 12.1.1 City Warehouse, 306 Municipal Drive 12.2 Containers shall be placed by the City in an area at each location that is unobstructed and is accessible to the Contractor's truck making the pickup. City personnel will notify the Contractor to make the pickup. 13. HAZARDOUS SUBSTANCE DISPOSAL: 13.1 Disposal of any substances classified by the Environmental Protection Agency (EPA) as hazardous, shall be consistent with EPA requirements. 13.2 City of Lubbock shall remove capacitors containing polychlorinated biphenyls (PCB's) from white goods prior to the delivery to Contractor's yard or being picked up by the Contractor. 14. CONDITIONS OF APPLINACES & SCRAP METAL All material will be sold on an "as is" and "where is" basis. The City makes no guarantee of any kind expressed or implied as to the condition of the material. Mixed metals consisting of such items as metal chairs, metal desks, appliances, tin cans, aluminum cans, sheet metals, water heaters, wire scraps, scrap vehicles, lawn mowers, motors, etc... make up the bulk of metals sold. These items are to be bid on a gross ton basis. 15. LICENSES Contractor shall maintain, in current status, Federal, State and Local licenses and permits required for the operation of the business conducted by the contractor. 16 SITE CLEAN-UP The contractor shall, at the completion of this contract, remove all debris, unused materials, apparatus, equipment, etc. and clean up the area leaving the premises clean and orderly, returning to the original conditions. Throughout the duration of the contract the contractor will keep the area where scrap is baled and or loaded in a neat and orderly condition. 17 ALTERNATE OFFERS/EXCEPTIONS Offers submitted as alwmates, or on the basis of exceptions to specific conditions of purchase and/or required specifications, must be submitted as an attachment referencing the specific paragraph number(s) and adequately UP 10-04 t-FO 17 RIT 1044140 Sale of Scrap Wtul defining the alternate or exception submitted. Detailed product brochures and/or technical literature, suitable for evaluation, must be submitted with the bid. If no exceptions are taken, City will expect and require complete compliance with the specifications and all Conditions of Purchase. 18. EVALUATION CRITERIA Instructions: When preparing proposals, reply to each of the following proposal content and evaluation criteria in the order listed. Please restate each numbered point listed below followed by your response in full, narrative sentences and provide any requested materials. L ABILITY TO PROVIDE SERVICE & FINANCIAL STABILITY (30 %) A. A general overview and history of your company, number of years in business, number of employees, corporate headquarters location, type of business, names of the firm's chief officers, and where you do business. B. Identify proposed staff members who would be involved in providing the services requested herein and submit statements or resumes detailing their qualifications. The appointed representative shall be responsible for, but not limited to, the following services: correct pricing, back -order control, invoice and voucher procedures, delivery, and in general to provided functions as necessary to ensure that the account will be maintained in a condition which will expedite ordering, deliveries, and allow the City of Lubbock to promptly pay all invoices as due. C. Minimum (3) three business references. H. PROPOSED APPROACH TO PROJECT (25 %) A. A statement of your understanding of the project and a general description of your proposed approach to project scope of services. B. Furnish copies of all forms that you anticipate using to record the purchase of scrap metal delivery and pick-up. C. Describe your customer service and complaint resolution policies and practices. III. COMPLIANCE WITH SPECIFICATIONS (30 %) A. Offeror shall not be merely limited to items as shown in scope of work, but rather encouraged to recommend other services, products, methods, etc. as he/she feels would enhance the overall sales of scrap metal both with respect to effectiveness and efficiency. 1V. REVENUE GENERATED (20%) Proposed prices must include all costs associated with the performance of the services specified, including materials, supervision, labor, insurance, transportation, delivery, fuel or other surcharges, demurrage, and related costs. Charges not listed In the RFP response will not be allowed A. Detail all other proposed costs associated with providing the sale of scrap metal. .Exceptions. If you have any exceptions to this Request for Proposal they must be included explained in detailed. 19. PROPOSAL FORMAT a) Proposals should provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. b) 1-he proposal should be bound in a single volume where practical (Notebook preferred). All documentation submitted with the proposal should be bound in that single volume. c) If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal_ d) The proposal must be organized into the following response item sections and submitted in an indexed binder. RH` lo-att-FO 18 RFP 10411-1`0 Sale of Scrap Metal i) Cover letter addressed to the Honorable Mayor and City Council that states the Proposer understands of the services to be provided. Include any additional information believed necessary that is not requested f�* elsewhere in the RFP. ii) ABILITY TO PROVIDE SERVICE & FINANCIAL STABILITY (30 %) iii) PROPOSED APPROACH TO PROJECT (25 %) iv) COMPLIANCE WITH SPECIFICATIONS (30 %) v) REVENUE GENERATED (20%) RFP 1 n-M 140 19 RIP I0-041X0 Sale of Scrap Meml Purchasing & Contract Management Sale of Scrap Metal RFP 10-04140 Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this RFP. THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL REFERENCE ONE Government/Company Name: J & B Industrial Services T Address: 541 NE Loop 289 Lubbock, Texas 79403 Contact Person and Title: Jon Burk Phone: 806-7494300 Fax: Contract Period: Scope of Work: Machine Shop REFERENCE TWO Government/Company Name: Copper Solutions & Services Address: 3419 Snyder Shopping Center P.U. Box 665 Snyder,Texas 79549 Contact Person and Title: George Alderte Phone: 325-574-1477 or325-868-0293 Fax: 325-574-2577 Contract Period: 10 years Scope of Work: Copper Cable Services REFERENCE THREE Government/Company Name:--- Depoyster Iron & Metal ;Address: 1674 Old Seavraves l-iwy._-_ Brownfield, Texas 79316 Contact Person and Title: Gary Depooyster Phone: 806-63- 3679 Fax: Contract Period:.----_._ _.i 5 Years_..__Scope of Work: RecygL Cepter__.�_. l:rP 10-041-FO 29 City of Lubbock, Texas Sale of Scrap Metal RFP 10-041-FO PRICING SHEET EXHIBIT A SCRAP METAL DELIVERED TO THE CONTRACTOR'S YARD BY CITY OF LUBBOCK West Texas Disposal Facility at 17304 North FM 2528 1. SCRAP IRON ANl7 SEI;L - Loose Tin food and beyera a cans - (To he bid on the basis of the CONSUMER BUYING PRICE for #2 HEAVY MELT at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US per gross ton OR Minus $US $100.00 per gross ton live point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock, Texas 79403 Dennis McCollum 806-746-5025 or $06-9284f 13 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 2. USED BEVf:RAG ,,QNTAINERS —(Aluminum): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the dale of delivery.) CONSUMER BUYING PRICE Plus SUS per: grass ten PER POUND OR MinusSUS $0. 05 pergmsslenPER POUND Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 7g403 Dennis McCollum 806-746-5025 or 806-928-t 113 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 3. CAST ALUMINUM SCRAP -- Sign post bottoms: (To be bid on the basis of the CONSUMER BUYING PRICE for UI-D ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Markel" on the date of delivery.) CONSUMER BUYING PRICE Plus $US _ per pound OR Minus SUSS 0.10 per pound Dcliven point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock Texas 7944Q3 Dennis McCollum 806-746-5025 or 806-928-4113 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 4. SCRAP COPPER - INSULATEDlD1RTY: (To be bid on the basis of the average CONSUMER BUYING PRICE for NO. 2 HEAVY COPPER AND WIRE at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS v per pound OR Minus SUS $1.45 per pound Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock.Texas 79403 Dennis McCollum 806-746-5025 or 806-92 -4 I Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 5. SCRAP COPPER - BARE: (To be bid on the basis of the average CONSUMER BUYING PRICE for NO. I HEAVY COPPER AND WIRE at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER. BUYING PRICE Plus $US $0.25 per pound OR Minus SUS� per pound (delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or $06-928-4113 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 6. SCRAP ALUMINUM WIRE - Clean (dare ACSR: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS--.-- per pound OR Minus $US $0.20 per pound Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock Texas 79403 Dennis McCollum 806-746-5025 or 806-928-4113 Distance from West Texas Regional Disposal Faciliry to delivery point-. 13 miles 7. SCRAP ALUMINUM _ DIRTY (street light heads): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE; Plus $US ,_, per pound OR Minus SUS S0.35 per pound Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 80¢746-5025 or 806-928-41 13 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 8. CLEAN ALUMINUM - (Blank signs, used signs, with all screws removed): (To be bid on the basis of the CONSUMER BUYING PRICE for CLEAN A1,9MINUM at Houston TX, as quoted in the "American Metal Market' on the date of delivery.) OLD ALUMINUM, SI-IF ET &. CAST CONSUMER BUYING PRICE Plus SUS _ _ per pound OR Minus SUS $0.20 per pound Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas_79403 Dennis McCollum 806-746-5025 or 806-9284113 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 9. SCRAP ALUMINUM WIRE (URD) red strife: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SKEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICF. Plus SUS_, „_._, per pound OR Minus SUS $0.35 per pound Dclivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or 806-928-4113 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 10. SCRAP ALUMINUM WIRE-fNSULATED (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market' on The date of delivery.) CONSUMER BUYING PRICE Plus $US per pound OR Minus SUS $0.20 per pound Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock, Texas 79403 Dennis McCollum 806-746-5025 or 806-9284113 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles I I. SCRAP ALUMINUM SIGNS: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market' on the date of delivery.) CONSUMER BUYING PRICE Plus SUS per pound OR Minus SUS SO.20 per pound Delivery Wint (Address, Contact and Phone No.) CIVIC 212 CR 5800 Lubbock.,Tcxas 97 403 Dennis McCollum $06-746-5025 or 806-92841 13 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles 12. SCRAP BRASS METERS: (To be bid on the basis of the CONSUMER BUYING PRICE for YELLOW BRASS SOLIDS at Houston TX, as quoted in the "American Metal Market' on the date of delivery.) CONSUMER BUYING PRICE Plus SUS _ , per pound OR Minus SUS %0.49 per pound Delive point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or 806-92841 13 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles SCRAP METAL DELI IVERED TO THE CONTRACTOR'S YARD BY CITY OF LUBBOCK Southside Drop-off Center at 1631 84th Street 13. SCRAP I RON AN 3 STEEL — loose Tin food and beveM e r (To be bid on the basis of the CONSUMER BUYING PRICE for #2 HEAVY MELT at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS per gross Ion OR Minus SUS $99.00 per gross ton Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock- Texas 79403 Dennis McCollum 806-746-5025 or 806-928-4113 Distance from Southside Drop-off Center at 1631 844' Strect to delivery point: 14 miles 14. USED BEVERAGE CONTAINERS —(Aluminum): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS per. tan OR Minus SUS S0.04 pergress-iett PER POUND Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or $06-928-4113 Distance from Southside Drop-off Center at 1631 840 Street to delivery point: 14 miles 15. CAST ALUMINUM SCRAP — Sign post bottoms_ (To be hid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market' on the dale of delivery.) CONSUMER BUYING PRICE Plus SUS - per pound OR Minus SUS $0.09 per pound Delivers nt (Address. Contact and Phone No.) CMC 212 CR 5800 Lubbock,'fexas 79403 Dennis McCollum 806-746-5025 or 806-9284113 Distance from Southside Drop-off Center at 1631 84°i Street to delivery point: 14 miles 16. SCRAP COPPER - INSULATED/DIRTY: (To be bid on the basis of the average CONSUMER BUYING PRICE for NO. 2 HEAVY COPPER AND WIRE at Houston TX, as quoted in the "American Metal Market" on the date ofdelivery.) CONSUMER BUYING PRICE Plus SUS_ per pound OR Minus SUS $1.43 per pound Delivery Mint (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or 806-9284113 Distance from Southside Drop-off Center at 1631 84'h Street to delivery point: 14 miles 17. SCRAP COPPER- BARE: (To be bid on the basis of the average CONSUMER BUYING PRICE for NO. I HEAVY COPPER AND WIRE at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS S0.22 per pound OR Minus SUS per pound Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or 806-9284113 Distance from Southside Drop -of Center at 1631 84'h Street to delivery point: 14 miles 18. SCRAP ALUMINUM WIRE - Clean (bare) ACSR: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS �.� _ per pound OR Minus $US S0.19 per pound Deliveryyoint (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or 806-928-41 13 Distance from Southside Drop-otfCenter at 1631 80 Street to delivery point: 14 miles 19. SCRAP ALUMINUM -DIRTY (street lit heads): (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US _ per pound OR Minus $US $0.34 per pound Delivery point (Address, Contact and Phone No.) CMC _212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or 806-928-41 13 Distance from Southside Drop-off Center at 1631 SO Street to delivery point: 14 miles 20. CLEAN ALUMINUM - (Blank signs, used signs. with all screws removed): (To be bid on the basis of the CONSUMER BUYING PRICE for CLEAN AWARNUM at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) OLD ALUMFNUM, SHEET & CAST CONSUMER BUYING PRICE Plus $US pet pound OR MinusSUS S0.19 per pound Deliverypoint (Address. Contact and Phone No.) CMC 212 CR 5800 Lubbock, Texas 79403 Dennis McCollum 806-746-5025 or 806-928-4113 Distance from Southside Drop-off Center at 1631 84'h Street to delivery point: 14 miles 21. SCRAP ALUMINUM WIRE (URD) red striae: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus $US_ _ _ per pound OR Minus $US 0.34 per pound Deliverypoint (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock, Texas 79403 Dennis McCollum 806-746-5025 or 806-928-41 13 Distance from Southside Drop-off Center at 16.3180 Street to delivery point: 14 miles 22. SCRAP ALUMINUM WIRE -INSULATED: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS-_ per pound OR Minus SUS $0.19 per pound Delivery point (Address, Contact and Phone'No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 806-746-5025 or 806-928.4113 Distance from Southside Drop-off Center at 1631 84u' Street to delivery point: 14 miles 23. SCRAP ALUMINUM SIGNS: (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at I louston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS" per pound OR Minus SUS $0.19 per pound Delivery point (Address. Contact and Phone No.) CMC 212 CR 5800 Lubbock Texas 79403 Dennis McCollum 806-746-5025 or 806-9284113 Distance from Southsidc Drop-off Center at 1631 84's Street to delivery point: 14 miles 24. SCRAP BRASS METERS: (To be bid on the basis of the CONSUMER BUYING PRICF, for YELLOW BRASS SOLIDS at Houston TX, as quoted in the "American Metal Market" on the date of delivery.) CONSUMER BUYING PRICE Plus SUS _ per pound OR Minus SUS 0.48 per pound Delivery point (Address, Contact and Phone No.) CMC 212 CR 5800 Lubbock. Texas 79403 Dennis McCollum 8(>6-T46-5025 or 8t)6-928.41 13 Distance from Southside Drop-off Center at 1631 HO Street to delivery point: 14 miles SCRAP METAL PICKED UP BY THE CONTRACTOR FROM: City Warehouse vard, 306 Municipal Drive 25. ALUMINUM & CAST ALUMINUM SCRAP-- CLEAN (Traffic signal arrns. sirect light poles); (To be bid on the basis of the CONSUMER BUYING PRICE for OLD ALUMINUM, SHEET & CAST at Houston'rX, as quoted in the "American Metal Market" on the date of delivery,) CONSUMER 131JYING PRICE Plus SUS per pound OR Minus SUS S0.25 per pound Pick Up Charge: S $I50.00 Resolution No. 2010-RO255 City of Lubbock, Texas Sale of Scrap Metal RFP 10-041-FO INSURANCE REQUIREMENTS EXHIBIT B SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate, along with a copy of the additional insured endorsement, 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. 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): TYPE AMOUNT 1. Worker's Compensation The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." The contractor may maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. TYPE AMOUNT Commercial General Liability Per Occurrence: $1,000,000 General Aggregate Products-Comp/Op AGG Personal & Adv. Injury Contractual Liability Automotive Liability Any Auto: $1,000,000 Combined Single Limit The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's to include Products and Completed Operations. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. 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. 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. All notices shall be given to the City at the following address: Marta Alvarez, Purchasing Manager City of Lubbock 1625 13`h Street, Room L04 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.