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HomeMy WebLinkAboutResolution - 2015-R0168 - Contract - Commercial Metals Company - Scrap Metal Sale - 05/28/2015Resolution No. 2015-RO168 Item No. 6.31 May 28, 2015 RESOLUTION BE IT 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, Contract No. 12352 for the sale of scrap metals per RFP 15 -12262 -TF, by and between the City of Lubbock and Commercial Metals Company, of Lubbock, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of ATTEST: Garza, City !Cs] Snider, Assistant City Manager APPROVED AS TO FORM: taury Pratt, Assistant City Attorney Resolution . Commercial Metals Company 5.1.15 May 1, 2015 2015. 7 G C. ROB RTSON, MAYOR Resolution No. 2015-R0168 City of Lubbock, TX Sale of Scrap Metals Service Agreement Contract 12352 This Service Agreement (this "Agreement") is entered into as of the 28`h day of May, 2015 ("Effective Date") by and between Commercial Metals Company. (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 15 -12262 -TF, Sale of Scrap Metals. 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 Metals, 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. Exhibit A — Specifications 3. Exhibit B — Pricing Sheet 4. Exhibit C — Insurance Requirements Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, and C attached hereto. Article 1 Services 1.1 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 four additional one-year periods, if agreeable to all parties for a total contract length of five years. The scope of work shall remain the same but may include any additional structures and equipment that may have been added by the City of Lubbock. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.3 The Contractor shall not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof on insurance from the Subcontractor that complies with all contract Insurance requirements. 1.4 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 nonappropriation 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 contractor on 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. 1.5 House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 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 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. r` 2.9 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 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. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date., CITY OF LUBB TX: Glen C. 14wKcrtson, Nfayor ATTEST: Reb tca Garza, City VV�Secret APPROVED S TO CO ENT: S Scott Snider, Assistant City Manager APPROVED( ASTO FORM: �C1CCf4 �Ly Laura raft, Assistant City Attorney CONTR CTOR: Ln�►7YO1EGK, " ' /d�L�` Co%tr�acto�r�'s Signature j� Printed Name /O///iii i"��S,Q• Title City of Lubbock, TX RFP 15 -12262 -TF Sale of Scrap Metals Specifications 1. INTENT L,"..1 X 1 I 1 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-off 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 "Dealer Selling Prices" of the Houston market price in the American Metal Market on the date of sale. 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) The 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 t 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. S:�PurtM1eu�Bid DUa\RFP 15 -1:262 -TF. Sale ofS—P Md 10 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 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 PENNY MORIN, 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 EQUIPMENT: The Offeror shall be responsible for removal of Offeror'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 sale will be accepted by the City. "High" shall mean the highest price when a price range is quoted in the American Metal Market "Dealer Selling Prices". 6.2 Prices quoted by each offeror shall be based on the "Dealer Selling Prices" on the date of sale. "High" shall mean the highest price when a price range is quoted in the American Metal Market "Dealer Selling Prices". 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. Si Porchaso Bid Ma` 15 -13262 -TF. Sale oHS Meats II 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 first publication of the following month. All pricing is to be based on "Dealer Selling Prices #1 Heavy Melt Houston". 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-off at 1631 84`h 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 factored using a distance factor of $3.00 per loaded mile (one way), with an average load of 5 gross tons, and using the "Dealer Selling Prices #1 Heavy Melt Houston' as quoted in the "American Metal Market" and in effect on the close date of the 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 gross ton ("Dealer Selling Prices # l Heavy Melt Houston" plus/minus bid per gross ton) Receiving facility is located 20 miles from point of reference. Offer B Bids $20.00 revenue per gross ton ("Dealer Selling Prices #1 Heavy Melt Houston" plus/minus bid per gross ton) Receiving facility is located 5 miles from point of reference Offer A Offer B 20 miles x $3.00/loaded mile 60.00 5 gross tons x $23.00/gross ton = $115.00 $115.00 .1 11 5 miles x $3.00/loaded mile 15.00 5 gross tons x $20.00/gross ton = $100.00 $100.00 - 15.00 $ 55.00 $ 85.00 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 City of 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 tie down. 9.4 All transportation and collection costs are 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. 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, 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 THE CITY. 11 PAYMENT PROCEDURE: 11.1 The Contractor shall submit to the City'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 nage of the "Metal Market" designating the price during the time which sale was made. SPorca,Bid MaR I5 -12262 -TF. SaleofScmp M< 13 11.2 Payment, for the net amount, shall be made by the 10`h 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 Item 20 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 alternates, 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 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. S.'A he 'BidM.,UP15-1226.-TF.Sako(Sc Nerals 14 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. I. 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 II. PROPOSED APPROACH TO PROJECT (20%) 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. IV. 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. 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) The 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. 5^Au e%Bidf cs\B 15 -12262 -TF. Sate of SCMP Masts 15 d) The proposal must be organized into the following response item sections and submitted in an indexed binder. 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 elsewhere in the RFP. ii) ABILITY TO PROVIDE SERVICE & FINANCIAL STABILITY (30 %) iii) PROPOSED APPROACH TO PROJECT (20 %) iv) COMPLIANCE WITH SPECIFICATIONS (30 %) v) REVENUE GENERATED (20%) S: N,6. Bid N.,RR 15 -12262 -TP. Sale oFSc Mda 16 EXHIBIT B REVISED - 1 Pricing Sheet SCRAP METAL DELIVERED TO THE CONTRACTOR'S YARD BY CITY OF LUBBOCK West Texas Disposal Facility at 17304 North FM 2528 2. 3. SCRAP IRON AND STEEL — loose (Tin food and beverage cans): (To be bid on the basis of the "Dealer Selling Prices" for #1 HEAVY MELT at Houston, TX, as quoted in the "American Metal Market" on the close date of the RFP.) r�rrranra �re..cgt�r�.,zru� Plus per gross ton OR 0 Minus $US911p,_ per gross ton Delivery point (Address, Contact and Phone No.) l kn m-, tW- en I I urrt )FOL -N( 5UaS Distance from West Texas Regional Disposal Facility to delivery point: USED BEVERAGE CONTAINERS —(Aluminum): 13 miles (To be bid on the basis of the "Dealer Selling Buying Prices" for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the close date of the RFP.) Plus $USS 49 / per pound OR Minus $US per pound Delivery point (Address, Contact and Phone No.) bene YYI PnIIuM sz/lL��l(�"y)�S Distance from West Texas Regional Disposal Facility to delivery point: SCRAP ALUMINUM WIRE -Clean (bare) ACSR: 13 miles (To be bid on the basis of the "Dealer Se4irrg Buying Prices" for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the close date of the RFP.) Plus $US per pound OR Minus $US v 20 per pound Delivery twin (Address, Contact and Phone No.) �Pnn�S m` ,111.(t�81�G�!(6cl1?5 Distance from West Texas Regional Disposal Facility to delivery point: /3 miles REVISED - 1 7. SCRAP ALUMINUM SIGNS: (To be bid on the basis of the "Dealer Selling Buying Prices" for OLD ALUMINUM, SHEET & CAST at Houston TX, as quoted in the "American Metal Market" on the close date of the RFP.) C-QNSW IR R;AliNG p9i". Plus $US per pound OR Minus $US / /0 per pound Delivery Point (Address, Contact and Phone No.) OMerC41 lnh fl#e 017�.yF. '.{-;;, -bentit5 j11,`-�Ihltr R(I. i{(c- 502 5 Distance from West Texas Regional Disposal Facility to delivery point: 13 miles City of Lubbock, TX Purchasing & Contract Management RFP 15 -12262 -TF Sale of Scrap Metal 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 Contact Person and Title: Phone: 9,06 " —10 - ALW Contract Period: h Scope of Work:4X.124 REFERENCE TWO Government/Company Address: Contact Person and Title: '�Tl nn� pU(lYl2t1 nrIt %0Y, so- L�r��YS n/1 �JY Phone: �ID�i n �3 :� II i Fax: ` 0 0 ()CA -451 o I" ' Contract Period:Rb Scope of Work:z) aAQ Govemment/Company Contact Person and REFERENCE THREE Fax: Contract Period: ✓dL At ) Scope of Work: 5 Nurthvel8d fbdRFP 15-MS2-h, Sala d S5 hI..6 25 EXHIBIT C City of Lubbock, TX RFP 15 -12262 -TF Sale of Scrap Metals 111. 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 fumish 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 1. Worker's Compensation or Occupational Accident (Non Subscriber) AND Employers Liability AMOUNT Statutory $1,000,000/person and $3,000,000 Aggregate G. Ill lil 2. Commercial General (public) Liability insurance including coverage for the following: a. Premises operations b. Independent contractors c. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability 3. Comprehensive Automobile Liability insurance a. Owned/leased vehicles b. Non -owned vehicles c. Hired vehicles Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent. Combined single limit of $1,000,000 including bodily injury and property or its equivalent. 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. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. 5\N,A.�84U kPn 15.l_s.-TF.Sk.fS�MW 26 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. 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, Director of Purchasing and Contract Management City of Lubbock 1625 13`h 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. swY�24D.aa 13.i.,62.rr.27