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HomeMy WebLinkAboutResolution - 5842 - Contract-BFI Waste Systems Of North America Inc-Recycling Blue Bag Materials SWD - 05/08/1998RESOLUTION NO. 5842 Item X63 May 8,1998 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for the recycling of "blue bag" materials collected by the Solid Waste Department, by and between the City of Lubbock and BFI Waste Systems of North America, Inc., 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 At!h day of Mav 1998. Alex .. *e, ffMayboRr Pro Tem ATTEST: ae Darnell Cit cretary APPROVED AS TO CONTENT: Mildred Cox Director of Transportation Services APPROVED AS TO FORM: William de Haas Municipal Contracts Attorney CcdocsBFI Recycling Contract Res May 8, 1998 RESOLUTION NO. 5842 Item #3 May 8, 1998 RECYCLABLE MATERIALS SORTING CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, hereinafter called "Contract," dated as of May 8, 1998, hereinafter called "Effective Date," is by and between the City of Lubbock, a municipal corporation, hereinafter called "City," and BFI Waste Systems of North America, Inc., hereinafter called "Contractor." WHEREAS, the City of Lubbock desires to enter into an agreement with a qualified contractor to sort recyclable materials collected by the City of Lubbock: and WHEREAS, BFI Waste Systems of North America, Inc, is a qualified contractor and desires to provide such services to the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock has determined that it would be in the best interest of the City of Lubbock to enter into an agreement with BFI Waste Systems of North America, Inc, to provide the service. NOW THEREFORE, for and in consideration of the terms, covenants, and conditions set forth in this Contract, the City and Contractor agree as follows: SECTION I TERM The term of this Contract commences on the Effective Date and continues without interruption until September 30, 1998. The term may be extended for up to three (3) additional months with the written agreement of both parties. SECTION II TERMINATION A. Termination and Remedies. In the event that the Contractor breaches any term and/or provision of this Contract the City shall be entitled to exercise any right or remedy available to it at law or in equity, including without limitation, immediate termination of this Contract, assertion of action for damages and/or injunctive relief. Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page I B. Ability to Cure. Contractor shall be given ten (10) days to correct breach of contract. For failure of heavy equipment, the Contractor shall be given a reasonable period of time to make repairs or replace equipment. Upon such occurrence with heavy equipment, Contractor shall supply City a plan of action detailing a repair or replacement timeline. SECTION III COMPENSATION A. General. City shall pay Contractor a total of One Hundred Thirty-five and no/100 Dollars ($135.00) for each ton of recyclable material that is delivered to Contractor. B. Equipment Startup. City shall pay a one-time startup cost of Eight Thousand Five Hundred and no/100 Dollars ($8,500.00) for Contractor to ship a sorter to the recycling facility located at 2200 Keuka, Lubbock, Texas. City shall pay the Contractor when an invoice indicating the sorter has been delivered to the recycling facility in Lubbock, Texas, is presented to City. C. Equipment Shutdown. If City does not award the next recycling contract to Contractor the City shall pay the actual cost, but not to exceed Eight Thousand Five Hundred and no/100 Dollars ($8,500.00), for Contractor to dismantle and ship the sorter to another recycling facility in the United States of America. City shall pay Contractor when an invoice indicating that the sorter has been shipped and received at the new location. SECTION IV WARRANTIES AND REPRESENTATIONS A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate. Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 2 D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in recycling of solid waste, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and federal, relating to recycling of solid waste, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. SECTION V SCOPE OF WORK A. General. Contractor shall operate and maintain a recycling facility that shall take the City's recyclable material (See Exhibit A), sort the recyclable materials, prepare the recyclable materials for shipment to a vendor in the business of purchasing such recyclable materials, make arrangements for a vendor to purchase the recyclable materials and ship the recyclable materials to the vendor. B. Location. Contractor shall sort and store the recyclable materials in an enclosed facility located at 2200 Keuka, Lubbock, Texas. C. Hours of Operation. Contractor's recycling facility shall be prepared to receive recyclable material Monday through Friday from 8:00 a.m. to 5:00 p.m. daily. D. Monthly Report. Contractor shall submit to the City a Monthly Recycling Activity Report (See Exhibit B) detailing the type and weight of recyclable material that has been received, sorted, prepared for shipment and shipped to vendors. The Monthly Recycling Activity Report shall serve as an invoice and is due to City no later than the third business day of each month. E. Storage. Contractor shall ensure that all recyclable material that is received by Contractor from City is properly stored. All recyclable material shall be stored in such a manner that it is protected from the effects of wind and weather. The sorted recyclable material shall be segregated in such a manner that the sorted recyclable material remains free from contamination that would make the material's unacceptable to a vendor F. Shipment. Contractor shall ship recyclable materials to a vendor when there is an economical quantity available for shipment and it is acceptable to the vendor. Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 3 G. Residue. All discarded materials shall be placed in containers provided by the City. The City at no charge will collect and properly dispose of the residue they collect from the Contractor. H. Backlog. Contractor shall ensure no more than a three (3) day backlog or fifty (50) tons of recyclable material, whichever is greater, is allowed to accumulate at the recycling facility unsorted. SECTION VI INSURANCE The Contractor shall provide and maintain policies of insurance throughout the Contract term in limits specified below. All policies of insurance must be satisfactory to the City and written by a company having a Best's Financial rating of A:VII and licensed to transact business in the State of Texas at the time the policy is issued. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. All insurance, other than Workers' Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. Certificates of insurance shall be filed with the City's contract administrator before operations under this Contract commence. A. Worker's Compensation. Contractor shall maintain workers' compensation and employer's liability insurance coverage as required by statute. B. Commercial General Liability Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, independent contractors' and completed operations. The policy shall have a minimum of Three Hundred Thousand and no/100 Dollars ($300,000) combined single limit in the aggregate and per occurrence. C. Commercial Automobile Liability. Contractor shall maintain Commercial Automobile Liability coverage with a minimum of Three Hundred Thousand and no/100 Dollars ($300,000) combined single for Bodily Injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. D. Umbrella Liability Insurance. Contractor shall maintain Umbrella Liability Insurance coverage in the amount of One Million and no/100 Dollars ($1,000,000) with coverage corresponding to the Commercial General Liability, Commercial Automobile Liability and Professional Liability policies. Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 4 SECTION VII COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. SECTION VIII INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the services are to be performed. SECTION IX INDEMNITY Contractor shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of Contractor, its agents or employees, in the execution of this Contract. SECTION X NOTICE A. General. Whenever notice from contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 5 B. Contractor's Address. Contractor's address and numbers for the purposes of notice are: BFI Waste Systems of North America, Inc. Attn: Tony Davee 405 30"' Street Lubbock, Texas 79404 Telephone: (806) 763-8124 Facsimile: (806) 762-1757 are: C. City's Address. The City's address and numbers for the purposes of notice City of Lubbock Attn: Wayne Geilhausen P. O. Box 2000 1625 131' Street Lubbock, Texas 79457 Telephone: (806) 775-2478 Facsimile: (806) 775-3013 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. SECTION XI MISCELLANEOUS A. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. B. Records. Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor. C. Assignability. Contractor may not assign this Contract without the prior written approval of the City. D. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. E. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 6 TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS CONTEMPLATED HEREBY. F. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. G. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. H. Entire Agreement. This Contract, including Exhibit's A and B hereto, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the effective date hereof. CITY OF LUBBOCK ATTEST: C - Ka Darnell City ecretary BFI WASTE SYSTEMS OF NORTH AMERICA INC. By: W Title: T%ylo� Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 7 APPROVED AS TO CONTENT: Mildred Cox s Director Transportation Services APPROVED AS TO FORM: William de Haas Municipal Contracts Attorney Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 8 EXHIBIT A The following types of recyclable materials shall be delivered by City to Contractor's recycling facility: aluminum, #1 and #2 plastic, tin, OCC cardboard, paste board, newsprint, mixed paper, magazines, phone books and junk mail. Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 9 EXHIBIT B Monthly Recycling Activity Report Month of Received Sorted Date Weight Tvue Aluminum Paper/Cardboard #1 Plastic #2 Plastic Tagged for Shipment Shipped to Vendor Type Weft Tvne Aluminum Aluminum Paper/Cardboard Paper/Cardboard #1 Plastic #1 Plastic #2 Plastic #2 Plastic By: _ Title: Weight Weight Price/Unit Recyclable Material Sorting Contract, City of Lubbock & BFI Waste Systems of North America, Inc. Page 10 YACiJ� : 1 OF CERTIFlCATE NUMBER: .f1AtSH & iiCl.NNN '.AL . _.. 75968 PRODUCER TIIIS CERTIFICATE IS ISSIIFD AS A MATTFR OF INFORMATION ONLY AND CONFERS J&H Marsh & McLennan, Inc. NO RICIrI'S UPON TIIF. CERTIFICATF. HOLDER OTIIF.R TIIANTHOSE 1'ROVIDFD IN 1166 Avenue of the Americas TIIF.IX)LICY. THIS CERTIFICATFDOFSNarAi%iEm),F..xrFNi)ORAI.TF.RTHF, New York, NY 10036-2774 COVF.RAC;FAFFORDED ISYTIIF.POI,ICII?SLIIIEDHEREIN. COMPANIES AFFORDING COVERAGE COMPANY LETTER A NATIONAL UNION' FIRE INS CO.' INSURED — COMPANY B AMERICAN INTL SOUTH INS. CO. Browning-Ferris, Inc. (DEL) LETTER 4831 E 25th Street Amarillo, TX 79103 LEOTTTER"Y C NATIONAL UNION' FIRE OF LOUISIA COMPANY LETTER D ILLINOIS NATIONAL INS CO :y; ::;: �:?:i:i?•i:;.:•i;•>::::: ^i:?;?:•::?;+:S.i:.iii: �::•i:•: i' ;?i:; :. � :.': , � .:::::::: :::.: � : :•:::::: ::::..:::.:.:..:........................... . ........... . THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TWE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATIONLTR DATE MM DO YY LIMITS ENERAI.UABUT" RMGL 113-58-24 5/01/98 5/01/99 GENERAL AGGREGATE $ 10000000 X COMMERCIAL GENERAL UABIUTY PRODUCTS-COMP/OP AGO $ 5000000 LJCLAIMS MADE X�CCUR. PERSONAL & ADV INJURY $ 2500000 _ X OWNER'S CONTRACTOR'S PROT. EACH OCCURRENCE $ 2500000 X Contractual Lia FIRE DAMAGE (Any one fire) $ 250000 MED. EXPENSE (Any one person) $ 10000 LIABaTY AUTOMOBILE RMCA 320-86-77 5/01/98 5/01/99 X ANY AUTO RMCA 320-86-78(TX) 5/01/98 5/01/99 COMBINED SINGLE LIMIT $ 5000000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ PfiOPERTY DAMAGE $ NON -OWNED AUTOS GARAGE LIABIUTY— ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS UABIUTV BE 9325958 5/01/97 5/01/00 EACH OCCURRENCE $ 7500000 X UMBRELLA FORM AGGREGATE $ 7500000 OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS LIABILm RMWC 116-57-10 GA 5/0r-1/96 —5/-0-1/99 -1 ATUIFORY WJITS X RMWC 116-57-12 LA 5/01/98 5 01 9 9 / / EACH ACCIDENT $ 2500000 RMWC 1165450 MI,NY 5/01/98 5/01/99 DI;FASE-POLICY LIMIT $ 2500000 RMWC 1165713 WI UT 5/0 98 5 01 99 "EASE $ 2500000 OTHER OTHER DESCRIPTION OF OPERAT*NS/LOCATIONS/VEHICLES/SPECIAL ITEMS (SEE REVERSE AND/OR ATTACHED) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE City of Lubbock THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Solid Waste Department NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE P.O. BOX 2000 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING ATTN s Wayne Geilhausen COVERAGE, ITS AGE TS OR R RESENTATIVES, OR THE ISSUER OF THIS CERTIFICATE. Lubbock, TX 79457 J&H MARSH R M EN AN, INCOR T BY: .�..� MMI I (8J93) �'Y ISSUED AS OF: 6/23/98 YACiJ� : 1 OF City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-3000 September 22, 1998 BFI — DFW Metro District P.O. Box -1309.___ Hutchins, Texas 75141 Attention: Mr. Barry Barter Dear Mr. Barter: In accordance with our Recyclable Materials Sorting Contract, dated May 8, 1998, the City of Lubbock wishes to extend the contract on a month to' month basis up to three months. -The initial term is scheduled to end on September. 30, 1998 and this ._- extention would run no longer than December 31, 1998. As both parties must agree in writing our signatures on this letter will represent that agreement to extend the contract. Please return one original of your acceptance for our files and retain the second original for your files. If you have any questions, please call me at 806-775-2485. Sincerely, A. Vance Kemler Solid Waste Superintendent EXTENSION ACCEPTANCE A.Vance Kemler Barry tuniicipal er Superintendent Manag Projects .