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Home My WebLink AboutRES.2092.08-01-2005 � BILL NO. 05-165 RESOLUTION N0. �� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROPOSAL TO MANAGE RECYCLABLE MATERIALS WITH ISI ENVIRONMENTAL & RECYCLING, L.L.C. /INTER-R.AIL SYSTEMS, INC. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: AR.TICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Proposal to Manage Recyclable Materials with ISI Environmental & Recycling, L.L.C. /Inter-rail 5ystems, Inc . A copy of said Proposal is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS �_ DAY OF , 20�_. � -.� �� ay B Knudtson, Mayor � ,_ �;; � �:�: t;r,r��;��.. 1� t..,T^,� Jv r� "`-�"- __ ,•-- Gayle L. C ad, City Clerk � � a I �Proposal to Manage Recyclable Materials City of Cape Girardeau,Missouri IR Quote#ISI0505001-1 Page 1 of 3 INTER-RAIL SYSTEMS, INC. July 19, 2005 Mr. Steve Cook Assistant Public works Director City of Cape Girardeau, Missouri 219 N. Kings Highway Cape Girardeau, MO 63701 RE: Proposal to Manage Recyclable Materials (revised) City of Cape Girardeau, Missouri IR Quote# ISI0505001-1 Dear Mr. Cook: ISI Environmental & Recycling/ Inter-Rail Systems, Inc. is pleased to provide the ' following proposal to manage the recyclable materials collected and or generated by the City of Cape Girardeau, Missouri. SCOPE OF WORK Inter-Rail Systems, Inc. will provide the labor, materials and equipment to conduct the scope of work listed below: 1) Transportation a. ISI shall provide a drop trailers at a site designated by the City for the loading, interim storage and transportation of recyclable materials. b. ISI shall permit the trailers to be loaded as mixed loads of material (i.e. paper, cardboard, plastic, etc. can be loaded onto the same trailer) c. ISI shall respond within 24 hours to pick up full trailers of recyclable materials. d. ISI Shall transport glass bottle material for recycling in the roll-off box the city uses to collect the material. e. ISI shall transport the white goods for recycling in the roll-off box the city collects the material in. Roll Noff boxes need to be 40 cubic yard boxes. f. ISI shall transport he tin cans for recycling in the roll-off box the city uses to collect the cans. g. All transportation shall be coordinated through Dennis Schuette the transportation manager and may be contacted Monday thru Friday 7:30 AM to 5:00 PM at(618) 745-6257 2) Properly manage all recyclable materials received from the City including further processing, repackaging, sale and redistribution of the material. 3) Provide the City a monthly summary of all recyclable materials picked up by ISI (Sample Tally Sheet Enclosed). 4) ISI shall provide Gaylord boxes for the accumulation of the following loose materials: Aluminum cans and mixed office naner ENVIRONMENTAL P.O. BOX 526 • CAPE GIRARDEAU, MO 63702-0526 • PHONE (573) 334-9437 • FAX(573] 334-0443 CONTRACTORS � Proposal to Manage Recyclable Materials City of Cape Girardeau,Missouri IR Quote#ISI0505001-1 Page 2 of 3 Should any out of scope work be requested, the additional work will be invoiced at ISI standard unit rates. No out of scope work will be conducted without prior approval from the client. COST ESTIMA TE Prices are based on specific grades and segregation of material as identified in Table 1 below. TABLE 1: Cit of Ca e Rec clables Price List 5/2/2005 Fee Item Description ISI Part Unit Price Paid to City of Cape Charged Number Ci OCC Baled 3.02 Ton $50.00 (Cardboard) OCC & Chipboard/Carrier 3.02/3.03 Ton $5.00 Stock Mixed Bales Mixed (1-7) Plastic Bottles & Containers 15.09 Pound $0.01 with Lids Baled Mixed (1-7)Plastic Bottles & Containers 15.09 Pound No Charge with HDPE Plastic Bags Baled Newsprint and 8.01 Magazines Mixed Ton $25.00 Bales HDPE Plastic Grocery Bags in Gaylord Box Ton $10.00 Junk Mail & Mixed 8.05 Paper in Gaylord Ton $15.00 Boxes Loose Aluminum Cans in Gaylord 2.02 Pound $0.48 Boxes Loose Tin Cans in 13.14 Gaylord Boxes Ton $15.00 Chipboard/Box Cut 3.03 Ton $10.00 Baled Glass Roll Off Container(Mixed No Charge Color) Price quoted per grade and Metal/Aluminum/Steel Pound/Ton quantity. Trash & Debris Pound $0.015 Proposal to Manage Recyclable Materials City of Cape Girardeau,Missouri IR Quote#ISI0505001-1 Page 3 of 3 CLARIFICATIONS& KEYASSUMPTIONS The above referenced costs are based on the following assumptions: 1. ISI shall pay the City of Cape Girardeau for segregated materials as identified in Table 1. 2. Materials received that have not been identified in Table 1 shall be handled on a per occurrence basis n required Table 1 shall be updated to reflect the new inaterials and pricing. 3. For recyclable materials prices are fixed prices for the duration of three(3) years up to a 15% fluctuation in the market price. For all market price fluctuations greater than 15%, prices shall be adjusted accordingly up or down. 4. Aluminum prices are fixed prices quoted the first week of the new month base on the current aluminum/metal market prices. 5. All trash received not suitable for recycling shall be land filled at a cost of $O.O 15Jpound. 6. Proposal is valid for 30 days from original date of proposal. PA YMENT TERMS 1) Payments to the City of Cape shall be paid net 30 after the last day of the month. 2) Payments due ISI shall be paid net 30 frorri the date of invoice. Should you have any questions or comments, please contact Paul Hoeflinger at (573) 334-9437. For acceptance of this proposal please sign and return one copy to Inter-Rail Systems, Inc. at 2711 Thomas Drive, Suite 209, Cape Girardeau, MO 63701. ISI Environmental & Recycling, LLC City of Cape Girardeau, MO ��9v/ � ,�{r��i�G;�`.v�..e�2 � IQS c �. Name (Typed/Printed) Name yped/Printed) ; � `gnature Si atur � �e�'n` � v ��'►�'l C7,u��r itle Title �//y/G�S� ��_5 D te Date � ISI Environmental 8�Recycling,LLC MATERIALS RECYCLING STANDARD TERMS AND CONDITIONS 1. SCOPE OF SERVICES 1.1. ISI Environmental&Recycling,LLC(Contractor)will perform those services set forth in the attached proposal ISI0505001 or agreement of which these Terms and Conditions are a part thereto for the City of Cape Girardeau(Client). 2. PAYMENTS TO CONTRACTOR And/Or Client 2.1. Compensation to Contractor shall be as stated in the above-referenced Proposal. Statements are payable upon receipt unless otherwise stated in the letter proposal. Any cost incurred by Contractor,including reasonable attorneys'fees,in collecting any delinquent amount will be reimbursed by Client. If a portion of Contractor's statement is disputed,the undisputed portion will be paid by Client by the due date. The Client will advise Contractor in writing of the basis for any disputed portion of any statement. A late payment charge will be added to all amounts not paid within 30 days of statement date,calculated at 1.5 percent per month from statement date. 2.2. Compensation to the client shall be as stated in the above referenced proposal or shall be net 30 from the invoice date. 3. INSURANCE 3.1. During the course of performance of its services,Contractor will maintain Workers'Compensation,Employers'Liability, Commercial General Liability and Automobile Liability insurance coverage. 3.2. Contractor shall name Client as additionally insured for 2,000,000 in general liability insurance. 4. PROFESSIONAL RESPONSIBILITY 4.1. Contractor will exercise reasonable skill,care,and diligence in the performance of its services and will carry out its responsibilities in accordance with customarily accepted good professional practices. 5. LIMITATION OF LIABILITY 5.1. The Contractor agrees that to the fullest extent permitted by law ClienPs total liability to Contractor for any and all injuries, claims,losses,expenses,or damages whatsoever arising out of or in any way related to this Agreement from any cause by the Client will not exceed the actual amount paid by the Contractor to mitigate such adverse situation caused by the Client. 5.2. The Client agrees that to the fullest extent permitted by law Contractor's total liabitity to Client for any and all injuries, claims,losses,expenses,or damages whatsoever arising out of or in any way related to this Agreement from any cause by the Contractor will not exceed the actual amount paid by the Client to mitigate such adverse situation caused by the Contractor. 5.3. The obligations of Contractor and remedies of Client stated in this Agreement are the sole and exclusive obligations and remedies of each,whether liability of Contractor is based upon contract,warranty,tort,statute,or otherwise. 6. INDEMNITY 6.1. Client agrees to release,defend,indemnify,and hold harmless Contractor and its officers,directors,employees,agents, Contractors,and subcontractors from all liability,claims,demands,damages,losses,and expenses,including,but not limited to,claims of Client and other persons and organizations,reasonable fees and expenses of attorneys and Contractors,and court cost,except where there has been a final adjudication that the damages were caused by Contractor's willful disregard of its obligations under this Agreement. 6.2. Contractor agrees to release,defend,indemnify,and hold harmless Client and its officers,directors,employees,agents, Contractors,and subcontractors from all liability,claims,demands,damages,losses,and expenses,including,but not limited to,claims of Contractor and other persons and organizations,reasonable fees and expenses of attorneys and Contractors,and court cost,except where there has been a final adjudication that the damages were caused by Client's willful disregard of its obligations under this Agreement. 7. HAZARDS 7.1. If any hazardous substance not identified by Client is discovered after Contractor commences performance of this Agreement,Client and Contractor Agree that the scope of services,schedule,and compensation may be adjusted accordingly. 7.2. Contractor will advise its employees,agent,representatives,and subcontractors of known hazardous substances existing on or near the site and they will exercise due care while at the site,including use of adequate safety equipment. 8. CONTROL OF SITE 8.1. By providing serviced under this Agreement,Contractor does not assume control of or responsibility of the site or become the person in charge of the site or undertake responsibility for reporting to any federal,state,or local public agency respecting conditions at the site that may present a potential danger to public health,safety,or the environment. Further,nothing contained within this Agreement or the services to be rendered hereunder will be construed or interpreted as requiring Contractor to assume the status of a generator,storer, treater,operator,or disposal facility as those terms may appear within federal,state,or local laws,statutes,ordinances,or regulations concerning the generation,transportation,treatment,storage,and disposal of waste. The Client assumes full responsibility for compliance with all federal,state,or local laws,statues,ordinances,and regulations governing the handling,treatment, storage,and disposal of such waste. Page 1 of 3 \\SERVER01\Users\PHoeflinger\Tenns&Conditions\Recycling Tenns&Conditions Cape.doc . , ., ,�- 9. RIGHT OF ENTRY 9.1. The Client will arrange for Contractor's access and entrance to the site at all reasonable times to perform the services under this Agreement. 10. CHANGES 10.1. The Client will have the right to make changes within the general scope of Contractor's services,with an appropriate change in compensation,upon execution of a mutually acceptable amendment or charge order signed by an authorized representative of the Client and the President or any Vice President of the Contractor. 11. SUSPENSION OF SERVICES 11.1. Should Client fail to fulfill ClienYs responsibilities hereunder to the extent Contractor is unduly hindered in his services or if Client fails to make any payment to Contractor on account of his services and expenses within 60 days after receipt of Contractor's bill therefore,Contractor may,after giving seven days written notice to Client,suspend services under this Agreement without liability to Client until Client has satisfied his obligations under this Agreement. 12. TERMINATION 12.1. Services may be terminated by the Client or Contractor by serve(7)day written notice in the event of the institution of any bankruptcy proceedings by or against the other party,or the substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated,Client will pay Contractor all amounts due Contractor for all services properly rendered and expenses incurred to the date of receipt of notice of termination,and reasonable costs incurred by Contractor in terminating the services. 13. DISPUTES 13.1. If a dispute arises relating to the performance of this Agreement that results in litigation,it is agreed that the prevailing party will be entitled to recover all reasonable costs of litigation,including staff time,court costs,attorneys'fees,and other related expenses. 14. TIME 14.1. This Agreement is effective upon execution by the parties and will continue in effect for a term of five(5)years with the option to extend this contract for one(1)additional term of five years or until terminated or services are complete. 14.2. Services will begin as soon as reasonably possible after receipt of ClienYs notice to proceed and be expeditiously prosecuted to completion,consistent with good practice. 14.3. Costs and schedule commitments will be subject to renegotiation for unreasonable delays caused by ClienYs failure to provide specified facilities or information or for delays caused by unpredictable occurrences or force majeure,such as fires,floods,riots,strikes,unavailability of labor,or materials,delay or defaults by suppliers of materials or services. Process shutdowns,acts of God,or of the public enemy,or acts or regulations of any governmental agency. Temporary work stoppage ca�sed by any of the above will result in additional cost beyond that outlined in the Agreement. 15. SUCCESSOR AND ASSIGNS 15.1. The Client and Contractor each bind themselves and their successors,executors,administrators and permitted assign to the other party of this Agreement and to the successors,and permitted assigns of such other party,in respect to all covenants of this Agreement. Neither Client nor Contractor will assign,sublet,or transfer his interest in the Agreement without the written consent of the other. 16. RIGHTS AND BENEFITS 16.1. Contractors'services will be performed solely for the benefit of the Client and not for the benefit of any other persons or entities. 17. ENTIRE AGREEMENT 17.1. These Terms and Conditions and the above-referenced Proposal contain the entire agreement between Contractor and Client. All previous or contemporaneous agreements,representations,promises,and conditions relating to Contractor's services are superseded. Since terms contained in purchase orders do not generally apply to professional services,in the event Client issued to Contractor a purchase order,no preprinted terms thereon will become a part of this Agreement. Said purchase order document,whether or not signed by Contractor,will be considered as a document for the ClienYs internal management of its operations. 18. SEVERABILITY 18.1. Should any provision of these Terms and Conditions be deemed invalid or unenforceable,the other provisions hereof will remain if full force ad effect and will be binding upon the parties. 19. SURVIVAL 19.1. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between Client and Contractor will survive the completion of the services and the termination of this Agreement. Page 2 of 3 \\SERVEROI\Useis\PHoeflinger\Tenns&Conditions\Recycling Tenns&Conditions Cape.doc . , � � 20. DISTRIBUTION OF DOCUMENTS 20.1. All documents including,but not limited to,studies,reports,plans,and specifications developed by Contractor are intended for the exclusive use of the Client. 21. GOVERNING LAW 21.1. This Agreement will be governed in all respects by the laws of the State of Missouri. . . . . . . . ..End of Document. . . . . . . . . Page 3 of 3 \\SERVER01\Useis\PHoeflinger\Tenns&Conditions\Recycling Te�ms&Conditions Cape.doc