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HomeMy WebLinkAboutA-Line Iron and Metals-9/26/2011FORM OF CONTRACT CONTRACT FOR SCRAP METAL RECYCLE SERVICES OCT 1, 2011— SEP 30, 2012 This contract made and entered into this 1st day of October, 2011 and valid for the period October 1, 2011 through September 30, 2012, by and between the City of Waterloo, Iowa, a Municipal Corporation, (herein after referred to as (City), and A -Line Iron and Metals of Waterloo, Iowa (herein referred to as Contractor), WITNESSETH: Para 1: Contractor agrees to provide scrap hauling services from various City government sites and furnish all necessary tools, equipment, materials and labor necessary to do all the work called for in the original bid document in a workmanshiplike manner and for the prices set forth in the Contractor's bid, which was accepted by the City, and which is understood and agreed to be a part of this contract. Para 2: It is understood and agreed that the resolution adopted by the City Council ordering the construction of this service shall all be considered as forming a part of the contract the same as though they were set out in said contract. Any changes to the original agreement between City and Contractor will be mutually agreed upon prior to any change. Para 3: The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to perform in a thorough, substantial and workmanshiplike manner, and in accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference to the satisfaction and approval of the City and its Public Works Director. Para 4: The Contractor agrees to provide containers at each location as set forth by the City of sufficient size to support the demands of the City. The Contractor agrees to provide full container pickup and replacement of similar size container within 48 hours of notification. The City and Contractor agree that modifications in container size and/or frequency of services required may be required as dictated by operations. Para 5: The Contractor agrees, as their bid indicated, to pay the City 60% of the published price per gross ton as determined by the American Metal Market, Chicago area pricing publication and provides the City with a monthly update on that market fluctuation. The Contractor agrees that payments to the City as a result of scrap tonnage collected will be paid to the City within 30 days of container pickup. Para 6: The Contractor agrees to provide used appliance collection service as required and the City agrees that these collections will be "service only" (no collection charge / no payment). The Contractor agrees to provide pickup services as needed and, as required, provide storage containers for appliances awaiting pickup service. The Contractor agrees to provide the City with the Contractor Appliance Demanufacturing Permit issued by the Iowa DNR. Para 7: The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa relating to the services being contracted. Para 8: The Contractor agrees, that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, that it will defend said suit and save the City harmless therein, and in case judgement is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City. Para 9: The City agrees to Indemnify, Defend and hold Contractor harmless from and against all liabilities for or relating to personal injury or death, compliance with applicable laws, and/or loss or damage to property or the environment, arising from or incident to: (1) City Loading/Unloading property into/from Contractor's scrap collection containers, or any other activity in on or around Contractors scrap collection containers. (2) City also acknowledges that Contractor shall not be liable for any Damage to ground and/or surface where Contractor loads/unloads scrap collection containers onto/off of Contractor's trucks/equipment. CITY ATERLOO, 10 Mayor City Clerk �1 Contractor By: Title: proved by the City Council of the City of Waterloo, Iowa this day of ATTEST: 2011. , City Clerk Waterloo, Iowa