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HomeMy WebLinkAboutC2009-594 - 8/25/2009 - ApprovedC r CONTRACT Used Tire Disposal Service Supply Agreement No. SA10 -003 THIS Used Tire Disposal Service CONTRACT (this "Agreement ") is entered into by and between Tex - American Recycling, Inc. (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Used Tire Disposal Service in response to Bid Invitation No. BI- 0183 -09 in accordance with Specification 1106, dated 06/12/06 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform Used Tire Disposal Service in accordance with Specilcation 1106. 2. Term. This Agreement is for twelve (12) months, commencing on 09/05/09 and continuing through 09104110 The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Solid Waste Contract Administrator and Maintenance Service Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 2009 -594 M2009 -236 08/25/09 Tex- American Recycling Rev. 9 -96 INEWEXED 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Solid Waste Contract Administrator and Maintenance Service Contract Administrator will be given at least thirty (30) days notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. d. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31 is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Specification 1106, or the Contractor's bid offer to Bid Invitation No. BI- 0183 -09 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Solid Waste Contract Administrator and Maintenance Service Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. AG2210.004.ajr Rev. 9 -96 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0183 -09 or Specification No. 1106. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor five (5) work days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero- tolerance violence in the workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Solid Waste Contract Administrator and Maintenance Service Contract Administrator F.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361) 857 -1971 and (361) 857 -1673 IF TO CONTRACTOR: Contractor Tex- American Recycling Inc. Contact Richard Wittwer Address: 3801 N. Commerce St. City, State, Fort Worth TX 817- 624 -8108 Fax No.: 817- 624 -3847 AG2210.004.ajr Rev. 9 -96 17. Month -to -Month Extension. if the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PA Y ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. AG2210.004.ajr Rev. 9 -96 SIGNED this _(3 day ofAtxs u, S't , 200 . Contractor Tex - American Recycling, Inc. Title: Operations Manager CITY TI ( "CITY ") Michael Barrera Assistant Director of Financial Services APPROVED THIS 1) 6 k--- D - AY OF , 200g 1 MARY KAY FISCIJER, CITY ATTORNEY By: Veronica Ocafias Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0183 -09 Requirements) &2 0 & AtIOR� By C-0001L (Includes Specification 1106 and Insurance CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: ❑ YES ® NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Certified HUB: iittn: / /www. window .state.tx.us /procurement /pro / ❑ YES KNO - LOCAL SMALL BUSINESS (LSB) A for -profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas []YES ❑ NO OTHER (PLEASE SPECIFY): ® THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- - Firm Name Tex - American Recycling. Inc. Address: 3801 N. Commerce St. City: Fort Worth State: TX Zip: City. Telephone: 817- 624 -8108 Ext. Fax: 817-624-3847 F State: T TX Date: Signature of Person Authorized to Sign Bid Signer's Name: Richard Wittwer Title: (Please print or type) 6122109 Operations Manager Gtr � TO BE ASS G ED BY CITY Christi SUPPLIER NUMBER -;! Corpus PURCHASING DIVISION CITY OF CORPUS CHRISTI ? DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for definitions. COMPANY NAME: Tex - American Recycling, Inc. P. O. BOX: STREET ADDRESS: 3801 N. Commerce St. CITY: Fort Worth ZIP: 76106 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names. of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Richard Wittwer Title: Operations Manager (Type or Print) Signature of Certifying Date: 6122109 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CITY OF CORPUS CHRISTI PURCHASING DIVISION P. O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 BID INVITATION INVITATION TO: This invitation includes these forms: *Bid Invitation Notice to All Bidders Instructions to Bidders Standard Purchase Terms & Conditions *Bid Sheet Specification No. 1106 Supply Agreement Standard Provisions Insurance Requirements *Contract *Minority Business Enterprise Information Form *Disclosure of Interest INVITATION NO.. BI- 0183 -09 (Must appear on Bidder's return envelope) COMMODITY: Used Tire Disposal Service REQUISITION NO. (S) NIA BID CLOSING TIME: 11:00 AM, July 1, 2009 (By Purchasing Division Time Stamp) For information contact: Maria Garza Buyer Telephone: (361) 880 -3160 *These documents must be properly completed and returned. BID (Refer to "Instructions to Bidders" before completing) The undersigned, by his/her signature, represents that he /she is authorized to bind the Bidder to fully comply with the terms and conditions of the attached Bid Invitation, Specifications, and Special Provisions for the amount(s) shown on the accompanying bid sheet(s), if the offer is accepted within 45 calendar days (90 days unless a different period is inserted) after date of bid opening. Firm Name: Tex - American Recycling, Inc. Address: 3801 N. Commerce St. Telephone: 817- 624 -8108 Ext. Fax: 817 - 624 -3847 Cit Fort Worth State: TX Zip: 76106 E - mail: richardwittwer @tex- a merican.c o m Signature of Person Authorized to Sign Bid Date: 6122109 Signer's Name: Richard Wittwer Title: Operations Manager (Please print or type) NOTICE TO ALL BIDDERS 1. BIDDER SHALL ENCLOSE IN A SEALED ENVELOPE ADDRESSED TO THE CITY OF CORPUS CHRISTI, PURCHASING DIVISION, ONE ORIGINAL AND ONE COPY OF ALL BID DOCUMENTS SUBMITTED The bid invitation number and bid opening date must be shown in the lower left hand corner of the sealed envelope. 2. The Bid Invitation and all Bid Sheets must be signed by Bidder. 3. Bidder must state if bid is all or none, or if any other conditions apply, otherwise, City may pick and choose any item or group of items according to the City's best interest. Before submitting your bid, please read all bid invitation documents carefully. If there are questions, contact the buyer indicated on the Bid Invitation. Any discrepancies between the bid invitation and the Bidder's response generally extend the bid evaluation period and often cause the bid to be declared non- responsive. FACSIMILE BIDS AND ELECTRONIC BIDS: The City Charter requires that all bids submitted be scaled and delivered in the manner required by the bid invitation, to be opened in the presence of one or more City employees and those Bidders desiring to be present. Therefore, bids submitted directly to the City by facsimile machine or electronic mail will be considered non - responsive. CITY OF CORPUS CHRISTI PURCHASING DIVISION INSTRUCTIONS TO BIDDERS Preparation of Bids Any explanation desired by a Bidder regarding the meaning or interpretation of the invitation, drawings, specifications, etc., must be requested in writing to Purchasing with sufficient time allowed for a reply to reach Bidders before the submission of their bids. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective Bidder concerning an invitation will be furnished to all prospective Bidders as an amendment to the invitation, if such information is necessary to Bidders in submitting bids on the invitation or if the lack of such information would be prejudicial to uninformed Bidders. 1. Specifications Bidders are expected to examine the specifications, drawings, standard provisions and all instructions. Failure to do so will be at the Bidder's risk. Bidders may provide a product exceeding specifications, as an alternate bid, if they so desire. 2. Information Required Each Bidder shall furnish the information required by the invitation. The Bidder shall sign the Bid Invitation, Bid Sheet, and, when appropriate, Specifications. Erasures or other changes must be initialed by the person signing the offer. Bids signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the City purchasing office. A. The Bidder should quote its lowest and best price, F.O.B. destination on each item. If delivery and shipping quantities affect unit bid price, multiple bids may be made so as to indicate "price break" quantities in order for the City to determine maximum economic benefits. Pricing should include packaging and transportation unless otherwise specified. Pricing shall be entered on the Bid Sheet in ink or typewritten. Totals shall be entered in the "Total Price" column of the Bid Sheet. In case of discrepancy between unit price and extended price, the unit price will be presumed to be correct. B. Bids should be firm. If the Bidder, however, believes it necessary to base its price on price adjustment, such a bid may be considered, but only as an alternate bid. C. Transportation Charges. If the quoted price does not include transportation charges, such charges must be itemized separately; provided, however, that the City shall have the right to designate what method of transportation shall be used to ship the goods. D. Taxes. The City does not have to pay Federal Excise Taxes and Texas and local retail sales and use taxes. Tax exemption certificates can be provided upon request. E. Time, if stated as a number of days, will include Saturdays, Sundays, and holidays. Time of delivery is part of the bid and very important. The required delivery date indicated is at point of destination. If the indicated date cannot be met or date is not indicated, Bidder shall state its best delivery time. F. If the bid invitation indicates "approved equal" products are acceptable, the seller may offer an "equal" product as an alternate bid. Final "approved equal" determination remains with the City. G. Bids submitted on other than City forms or with different terms or provisions may not be considered as responsive bids. 3. Submission of Bids A. Sealed bids should be returned in an envelope marked on the outside with the Bidder's name and address and bid number. Address to: City of Corpus Christi Purchasing Division P. O. Box 9277 Corpus Christi, Texas 78469 -92777 BiD NO.: M • b IRS- 01 4 B. Sealed bids may be delivered in person or by courier to the Purchasing Division on the 4th Floor of City Hall at 1201 Leopard Street, Corpus Christi, Texas, 78401 -2825. C. Bids must be returned in sufficient time so as to be received and time stamped at the above location on or before the published bid date and time shown on the bid invitation. Bids received after the published time and date cannot be considered. 4, Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or telegraphic notice received by the City purchasing office prior to the exact hour and date specified for receipt of bids. A bid may also be withdrawn in person by a Bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid, but only if the withdrawal is made prior to the exact hour and date set for the receipt of bids. 5. Evaluation Factors A. Most Advantageous Bid. The City will award purchase orders and contracts to the lowest and responsible Bidder which represents the most advantageous bid to the City, price and other factors considered. In determining the "most advantageous" bid or proposal, price, quantifiable factors, and other factors are considered. This would include specifications, delivery requirements, the initial purchase price, life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but not necessarily limited to conformity to the specifications, product warranty, a Bidder's proposed service, ability to supply and provide service, delivery to required §chedules, and past performance in other contracts with the City including timely delivery. B. Best Value Bid. Alternatively, the City may award purchase orders and contracts to the Bidder who submits the overall best value based upon the criteria set out in the bid. C. Partial Awards. Bidders may furnish pricing for all or any portion of the bid invitation. Unless the Bidder specifies otherwise in his bid, the City may award the contract for any item or group of items shown on the bid invitation. D. Reservations. The City expressly reserves the right to: 1. Waive as an informality, minor deviations from specifications at a lower price than the low bid meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; 2, Waive any defect, irregularity or informality in any bid or bidding procedure; 3. Reject or cancel any or all bids; 4. Reissue a bid invitation; 5. Extend the bid opening time and date; 6. Procure any item by other means; 7. Increase or decrease the quantity specified in the bid invitation, unless the Bidder specifies otherwise; 8. Consider and accept an alternate bid as provided herein when most advantageous to the City. 6. Acceptance Acceptance of Bidder's offer for an open market purchase will be in the form of a purchase order. Acceptance of Bidder's offer for supply agreements will be by acceptance letter. Subsequent purchase orders and release orders may be issued as appropriate. 7. Conflicts of Interest Bidders must comply with the conflict of interest provisions of the City Charter and Code of Ordinances. Prior to the submission of any bid, each Bidder must file with the City purchasing office a disclosure of interests on the form supplied by the City. Bidders are obligated to provide updated information concerning the disclosure of interests, as warranted, throughout the time the bids are being considered. Bidders who already have a current disclosure of interest form on file in the City purchasing office will not be required to submit a separate form with their bids provided that they have signed the certificate on the Bid Sheet certifying that the disclosure of interest information on file is current and true. �lEqual Employment Opporfunity Bidders are expected to comply with the Affirmative Action Policy Statement of the City with respect to its provisions concerning contractors. Any complaints filed with the City alleging that a Bidder is not an Equal Opportunity Employer due to activities arising during a previous City contract will be referred to the human relations commission of the City for the purpose of review and recommendation. Summaries of reports by the human relations administrator or the commission may be considered in any future bid awards by the City. The City expressly reserves the right to consider such reports in determining the best bid. CITY OF CORPUS'CHRISTI PURCHASING DIVISION STANDARD PURCHASE TERMS AND CONDITIONS Seller and City agree as follows 1. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address; (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shal I bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE & RISK OF LOSS The title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery, 4. DELIVERY TERMS AND TRANSPORTATION CHARGES F.O.B. destination unless delivery terns are specified otherwise in bid. City agrees to reimburse Seller for transportation costs in the amount specified in Seller's bid, or actual costs, whichever is lower, if the quoted delivery terns do not include transportation costs, provided City shall have the right to designate what method of transportation shall be used to. ship the goods. 5. NO REPLACEMENT OF DEFECTIVE TENDER Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided where the time for perfonnanoe has not yet expired, the Seller may reasonably notify City of his intention to cure and may then make a conforming tender within the contract time but not afterward. 6. PLACE OF DELIVERY The place of delivery shall be that set forth in the black of the purchase order entitled "Receiving Agency." Any change thereto shall be effected by modification as provided for in Clause 20 hereof entitled "Modifications." The terns ofthis agreement are "no arrival, no sale," T INVOICES & PAYMENTS a. Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail to: Accounting Division, City of Carpus Christi, P. O. Box 9277, Corpus Christi, Texas 78469. Payment shall not be due until the above instruments are submitted after delivery. b. City's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for good will be returned to Seller by City. c. Do not include Federal Excise, State or City Sales Tax. City shall furnish tax exemption certificates upon request. d. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received whichever is later. 8. GRATUITIES The City may, by written notice to the Seiler, cancel this contract without liability to Seller if it is determined by City that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is cancelled by City pursuant to this provision, City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 9. SPECIAL TOOLS & TEST EQUIPMENT If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. 10. WARRANTY -PRICE a. The price to be paid by the City shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. in the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by Others, or in the alternative, City may cancel this contract without liability to Seller for breach or Seller's actual expense. - -b.... The- Seller warrants that - no.parson or selling agency has-been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 11, WARRANTY - PRODUCT Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the City. Seller warrants that the goods furnished will conform to the specifications, drawings. and descriptions listed in the bid invitation, and to the sarnple(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 12. SAFETY WARRANTY Seller warrants that the product sold to City shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health ACT (OSHA). In the event the product does not conform to OSHA standards, City may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable thee, correction made by City will be at Seller's expense. 13. NO WARRANTY BY CITY AGAINST INFRINGEMENTS As part of this contract for sale Seller agrees to ascertain whether goads manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like, City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall City be liable to Seller for indemnification in the event that Seller issued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify City to this effect in writing within two weeks after the signing of this agreement. If City does not receive notice and is subsequently heid liable for the infringement or the like, Seller will save City harmless. If Seller in good faith ascertains that production of The goods in accordance with the specifications will result in infringement or the like, this contract shall he null and void except that City will pay Seller the reasonable cost ofhis search as to infringements. 14. RIGHTS OF INSPECTION City shall have the right to inspect the goods at delivery before accepting them. 15. CANCELLATION City shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which City may have in law or equity. 16. TERMINATION The performance of work under this order may be terminated in whole, or in part by the City in accordance with this provision. Termination of work hereunder shall be effected by the delivery to the Seller of a "Notice ofTennination" specifying the extent to which performance of work under the order is tenninated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of the rights of City set forth in Clause 15, herein, 17. FORCE MAIEURE Neither party shall be held responsible for losses resulting if the fulfillment of any terns or provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 18. ASSIGNMENT- DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 19. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 20. MODIFICATIONS This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 21. INTERPRETATION -PAROL EVIDENCE This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any tern used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a teen defined by the Uniforn Commercial Code is used in this agreement, the definition contained in the Code is to control. 21 APPLICABLE LAW This agreement shall be governed by the Uniform Commercial Code. Wherever the temr "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date ofthis agreement. 23. ADVERTISING Seller shall not advertise or pubiish, without City's prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government. 24, RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 25. EQUAL EMPLOYMENT OPPORTUNITY Seller agrees that during the performance of its contract -il will: a. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap. b. Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or request. The Seller shall be advised of any complaints filed with the City alleging that Seller is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not lO terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Seller is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted. 26. CONFLICTS OF INTEREST Seller agrees to comply with the conflict of interest provisions of the City Charter avid Code of Ordinances. Seller agrees to maintain current, updated disclosure of information on file with the City purchasing office throughout the term of lhis contract. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID INVITATION NO. BI- 0183 -09 DATE: 6122109 Tex - American Recycling, Inc. BIDDER PAGE 1 OF 1 &�Lj 0 �2� AUTHORIZED SIGNATURE 1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, I certify that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. I am an Equal Opportunity Employer; and the disclosure of Interest information on file with City purchasing pursuant to the Code of Ordinance is current and true. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE Twelve month service agreement with option to extend for up to two (2) additional twelve month periods subject to the approval of the City Manager or his designee for used tire collection per Specification No. 1106. 1. Loaded Trailer — Elliott Landfill, location — 7001 26 Loads $1,260 $32,760 Ayers. It is estimated that 26 trailer loads of tires will be collected during a twelve month period. 2. Loaded Trailer — Cefe Landfill, location — CR20 & 26 Loads $1,260 $32,760 FM 2044. It is estimated that 26 trailer loads of tires will be collected during a twelve month period. 3. Loaded Trailer— Maintenance Services, location— 14 Loads $1,260 $17,640 5352 Ayers Street. It is estimated that 14 trailer loads of tires will be collected during a twelve month period. CITY OF CORPUS CHRISTI PURCHASING DIVISION SUPPLY AGREEMENT STANDARD PROVISIONS Contractor and the City of Corpus Christi agree as follows: 1. Term The term of this Supply Agreement is twelve months, with the option to extend for up to two additional twelve -month periods, subject to the approval of the Contractor and the City Manager, or his designee. If the City has not completed the bidding process and awarded a new supply agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods /services under this Agreement, at the most current price under the terms of this supply agreement or extension, on a month -to -month basis, not to exceed six months. This supply agreement automatically expires on the effective date of a new contract. 2. Description - Sale of Goods and Services. Contractor will transfer and deliver to the City, and the City will pay for and accept the City's requirements, during the term of the Agreement for all of the items described on the Bid Sheet(s). Quantities shown on the Bid Sheet(s) are estimates and do not obligate the City to order or accept more than the City's actual requirements during the Agreement, nor do the estimates limit the City to ordering less than its actual needs during the Agreement, subject to availability of appropriated funds. 3. Purchase Order. The City will exercise its right to specify time, place and quantity to be delivered in the following manner: Any City department or division may send to seller a purchase order signed by an authorized agent of the department or division. The purchase order will refer to this Supply Agreement and will specify the item, quantity, delivery date, shipping instructions and receiving address of the ordering department or division. 4. Default In One Installment to Constitute Total Breach. Each installment of this Agreement is dependent on every other installment, and a delivery of non - conforming goods or services, or a default of any nature under one installment will impair the value of the whole Agreement and may constitute a total breach of the Agreement. 5. Replacement of Merchandise. Any merchandise rejected must be corrected or replaced by suitable merchandise within two weeks, at no charge to the City, or a replacement will be bought on the open market and any costs incurred, including additional costs over the bid price, shall be paid by the Contractor within thirty days of receipt of the City's invoice. 6. Price Adiustment. All goods and services to be delivered pursuant to this Supply Agreement, including any extensions thereof, will be purchased at the prices on the Contractor's Bid Sheet, provided that, at renewal or extension of the Agreement for an additional twelve- months period(s), the prices for goods and services to be delivered during the ensuing twelve -month period(s) may be increased or decreased to the extent of changes in the cost of material to the Contractor, as reflected in written documentation provided by the Contractor to the City. City of Corpus Christi Purchasing Department Specification No. 1106 Revised June 12, 2006 Page 1 of 1 SPECIFICATIONS FOR USED TIRE DISPOSAL SERVICE Statement of Need The City will establish a service contract for disposing of whole used tires collected at the Elliott Landfill, located at 7001 Ayers, Cefe Landfill, located at CR20 & FM 2044 and the City's Maintenance Services Facility located at 5352 Ayers. This service consists of the furnishing of trailers and disposal of whole used tires collected by Solid Waste Services and Maintenance Services. Requirements The successful contractor must be registered with the TCEQ and have a TCEQ permitted storage and /or processing facility for proper tire disposal/processing. All tires disposed /processed under this contract shall be in accordance with all Federal, State and local rules and regulations concerning the safe and proper disposal of tires. The successful contractor will be required to inventory a minimum of four trailers to service the City's account, two for the Elliott Landfill, one at the Cefe Landfill and one for Maintenance Services. Upon execution of the contract, the successful contractor will furnish two trailers, minimum of forty feet long, at the Elliott Landfill, one trailer, minimum of forty feet long at the Cefe Landfill and one trailer, minimum of forty feet long, at Maintenance Services. When a trailer is filled, the City will notify the successful contractor to remove the filled trailer. Within one (1) day of being notified, the successful contractor will be required to bring an empty trailer to the requested site (Elliott Landfill, Cefe Landfill or Maintenance Services), place it at location acceptable to the City and pick -up the filled trailer for disposal. The inventory requirement is necessary to ensure the Elliott Landfill, Cefe Landfill are in Regulatory Compliance and Maintenance Services have an adequate amount of trailers on hand to store whole tires. Failure to comply with trailer inventory requirements and /or one (1) day turn around will be grounds for contract cancellation. The City reserves the right to cancel the contract after notifying the contractor of three incidents of inadequate trailer inventory and /or delays in trailer removal. Bidders are requested to indicate how the tires will ultimately be disposed /processed. INSURANCE REQUIREMENTS 1. SUCCESSFUL BIDDER'S LIABILITY INSURANCE A. Successful Bidder must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Successful Bidder must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. The Successful Bidder must furnish to the City' Risk Manager, 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation material change, Bodily Injury and Property Damage non - renewal or termination is required on all certificates. Commercial General Liability including: $500,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4, Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury AUTOMOBILE LIABILITY — OWNED, NON-OWNED $500,000 COMBINED SINGLE LIMIT OR RENTED In the event of accidents of any kind, Successful Bidder must furnish the Risk Manager with copies of reports of any accidents within 10 days of the accident. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination and is required. • If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1) -(7) are included or excluded. Used Tire Disposal Svc. ins. req. 6 -12 -06 ep Risk Mgmt.