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Contract 54507
CSC No.54507 VENDOR SERVICES AGREEMENT ULK DISPOSAL AND MATERIAL PICKUP This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Silver Creek Materials, Inc. ("Vendor"), and acting by and through its,duly authorized President, each individually referred to as a "party" and collectively referred to as the `parties." AGREEMENT DOCUME TS: This Agreement and supporting documents shall include Exhibit A—City of Fort Worth Bid Offer Sheet (in its entirety) and Vendor's incorporated Response thereto and Exhibit B — Verification of Signature Authority. Exhibits A and B, which are ttached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibit A and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVI ES. Bulk Disposal and Material Pickup. Exhibit A more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date, as established herein, and shall expire on September 30,each year,unle s terminated earlier in accordance with this Agreement. City shall have the option, in its sole discretion,to renew this Agreement under the same terms and conditions,for up to four (4) one-year(October 1-Septe nber 30)renewal options. 3. COMPENSATION. City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit A. Total payment per term made under this Agreement shall not exceed the amount of($520,000.00). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notic . City or Vendor may terminate this Agreement at any time and for any reason by providing the other : with 30 days' written notice of termination. 4.2 Non-a ro ri:arty tion of Funds. In the event no funds or insufficient funds are appropriated ro riated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were Vendor Services Agreement OFFICIAL RECORD page 1 of 12 CITY SECRETARY FT. WORTH, TX received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and bligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor,for itself and its officers, agents and employees,agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compr mised or is believed to have been compromised, in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Vendor agrees that City shall, until the expiration of three(3)years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reas nable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cast to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice ofZRACTOR. ded audits. NT C 7. INDEPENDE It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between Vendor Services Agreement Page 2 of 12 City, its officers, agents, se ants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Vendor or any officers, agents, servants, employees or subcontractor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,ern loyees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY L VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EJl' ENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLO FES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHA "TER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PEONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cosh and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation.So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, orI lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumptio it of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or Vendor Services Agreement Page 3 of 12 documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract for primary duties, such subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. Insurance requireme 7 ts are found in Exhibit A. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local cal laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations,Vendor shall i,7ediately desist from and correct the violation. 12. NON DISCRINATIO MI N COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration erein, agrees that in the performance of Vendor's duties and obligations hereunder, it shall not disc urinate in the treatment or employment of any individual or group of individuals on any basis pr hibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NC`N-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Notices required purs lant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or Vendor Services Agreement Page 4 of 12 representatives, (2) delivered by electronic means with confirmation of the transmission, or (3) received by the other party by United SStates Mail,registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth StLv� Q1 EA,,V- Attn:Dana Burghdoff,Assistant City Manager 200 Texas Street P.O. Sox t50(ricS Fort Worth,TX 76102-6314 F-+- Facsimile: (817)392-8654 With copy to Fort Worth Ci Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its terminatio , solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employe of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and a�reed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist=NUE. priate performance or to assert any such right on any future occasion. 17. GOVERNING This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity,is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SEVERABILITY. If any provision of is Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. Vendor Services Agreement Page 5 of 12 City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,and/I r any other similar causes. 20. HEADINGS NOT C ONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL,. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shad not be employed in the interpretation of this Agreement including its. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each parry. 23. ENTIRETY OF AGREEMENT. This Agreement, including its Exhibit, contains the entire understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreem nt. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the servic s are`completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonabl efforts to re-perform the services in a manner that conforms with the warranty,or(b)refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify t e identity and employment eligibility of its employees who perform work under this Agreement, includ ng completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Vendor Services Agreement Page 6 of 12 Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY C TY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further, City shall be the sole and exclusive owner of all.copyright, patent, trade ark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Prodt ct in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976,as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due,or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Vekification of Signature Authority Form, which is attached hereto as Exhibit B. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP Vendor shall notify Qity's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpJOse of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Vendor unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Vendor has 10 or more full time-employees and the contract value is $100,000 or more,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written ve 'fication from the company that it: (1) does not boycott Israel; and (2) will Vendor Services Agreement Page 7 of 12 not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during th term of the contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of I , 20_, to be effective as of the date subscribed by the City's Assistant City Manager("Effective Date"). (signature page and exhibits follow) Vendor Services Agreement Page 8 of 12 ACCEPTED AND AGREE CITY OF FORT WORTH: VENDOR: `ji L�{ C7? ►: WI141-�+2tt�L� Dana BUY6 L4-0' Dana Burghd off ep22,202008:59 CDT) - -ems By: Name: Dana Burghdoff By: Name: 1 ti R(r,D s Title: Assistant City Manager Title: c.i-3 tF-P FP oDvc—F1& oCP1c&-R Date: Date: 61 1 12az-; APPROVAL RECOMMENDED. By: Christopher Fharder(Sep 16,202008: 7CDT) Name: Christopher . Harder Title: PE Director Water Department 4.044UOn� ap FOR?�a aoF°° dad ATTEST: p��.o °0 °9dd Pts o�1d �v8 gs0 �iL i� d�Q an nEXASoa By: l U�i� 0 Name: Mary J. Kayser Title: City Secretary APPROVED AS TO FORM AND CONTRACT COMPLIANCE MANAGER: LEGALITY: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting By: DBlack(Sep 18,202014:51 CDT) requirements. Name: Douglas Black Title: Assistant City Attorney BB� By: Kimberly Pool(Se p 02013:12 CDT) CONTRACT AUTHORIZATION: Name: Kimberly Pool M&C: Zp - 05"80 Title: Administrative Services Coordinator DATE: ?2,S/20 Zo 1295: 2020-644514 Vendor Services Agreement OFFICIAL RECORD page 9 of 12 CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES Vendor Services Agreement—E 1bit D Page 10 of 12 PART-V ATTACHMENTS ATTACHMENT A SPECIFICATIONS/SCOPE OF WORK FOR SULK DISPOSAL AND MATERIALS 1. Scope of Work 1.1. The City of Fort Worth.(City)is requesting bids from qualified Contractors for bulk disposal of soil, concrete and asphalt from the cleanup of water and sewer repairs.The Contractor shall also be able to provide bulk material for purchase including;but not limited to,top soil,limestone and backfill for the Water Department on an as needed basis in accordance with the descriptions and specifications listed in this Invitation to Bid ITB). 2. Bulk Material Disposal Sery ice Requirements 2.1. Contractor shall provide bulk material dump disposal services for 90 percent(%)clay,soil and sand,0- 10%concrete and 0-1f0%asphalt at an estimated 10 yards per load. 2.2. Contractor shall providle an area to dispose of bulk material 24 hours per day,365 days per year. 2.3. Contractor shall provide an address of the designated location with their submittal. 2.4. Contractor shall have a ticket management system to track the number of truck loads and bulk material disposal yards dumped. 2.5. Contractor shall have no separation requirement of bulk material disposal. 2.6. The City shall fill 10 y lard dump trucks and deliver them to Contractor's disposal location. 2.7. The City shall provide 10 yard dump truck for the pick-up of bulk materials from Contractors same location. 2.7.1.The City shall provide personnel to load all materials into the truck. 2.8. The City shall be able to dispose of and pick-up materials from the same location. 3. Top Soil Specifications 3.1. The Top Soil shall be mechanically screened,sandy loam topsoil.Natural,fertile,friable soils having textural classification bf silt or clay loam,possessing characteristics of soils which produce heavy growth of crops,grass,or other vegetation.Free of subsoil,brush,or other materials harmful to grading,plant growth,or maintenan e operations. 3.2. The soil texture shall b classified as loam or sandy loam according to the"soil triangle"published by the United States Agricult e Department and the following criteria: 3.2.1. Sand(2.0 to 0.5 millimeter(min)diameter(dia.)(No. 10 sieve):Loam 25-50%; Sandy Loam 45- 85% 3.2.2. Silt(0.05 to 0.002 min dia.)(No.270 sieve):Loam 30-50%; Sandy Loam less than 50% 3.2.3.Clay(smaller than 0.002mm dia.)(Hydrometer Analysis): Sandy Loam less than 50%. 3.2.4.Natural Org c Content:Not less than 1.5%. 3.2.5.Potential Hydrogen(PH)of Soil:Not more than 7.6(PH) ITB No.20-0138 BULK DISPOSAL AND MATERIALS 29 of 62 3.2.6. Soil Texture shall be determined by utilizing processes as prescribed in American Society for Testing and Materials(ASTM)D422 using the No. 10 and No.270 sieves and a hydrometer analysis. 3.3. Sampling and Testing:The City of Fort Worth reserves the right to request a bid sample and after award perform random sampling of the material being offered to the City.If required,the Contractor will be required to provide a sample,approximately 10-161bs,at no additional cost to the City. Samples shall be provided no later than five business days after being contacted by the ordering department.The sample shall be delivered to: 3.3.1. City of Fort W orth Water Department: Field Operations Division 1608 11`h Avenue Fort Worth,Texas 76102 3.3.2. Failure to submit a bid sample during the pre-award process may result in the bid being rejected as noncompliant,Failure to furnish lot sample(s),upon request,after award may be cause to reject future shipment(s)and legal ground for contract termination. 4. Crushed Limestone for Embedment Specifications 4.1. This specification cov rs the material requirements for crushed limestone for use in the lower six(6)inches (")of the trench bed for either water or sewer pipe. 4.2. This material shall consist of a cherty type stone,crushed and graded,to conform to the current ASTM D448 for a Standard Aggregate Size Number 67(approximate 3/4"to No.4)and shall have a percent of wear not to exceed 35 4.3. Material for testing shall be obtained by the project inspector at the source of supply.The results of this testing shall be used t approved or disapprove the source of supply and not further testing will be required for that specific pro. t for which the test was made. 4.4. The material shall be required to meet the sieve test of the current ASTM E 11 for conformity to ASTM D448 for a Standard Aggregate Size Number 67 and a percent of wear test not to exceed 35 when tested in accordance with AST C 131. 4.4.1.ASTM D448 Size Number 67 Gradation Sieve Percent by Weight Size Passing 1" 100 3/4" 90-100 3/8" 20-55 No.4 0-10 No. 8 0-5 ITB No.20-0138 BULK DISPOSAL AND MATERIALS 30 of 62 5. Backfill Specifications 5.1. Backfill is the material or materials required to fill water or sanitary sewer system trenches and/or other excavation appurtena t to the project as specified in the Contract Document and Plans.This material is further defined to include trench foundation material,granular embedment,and trench backfill. 5.1.1. Trench Foundation Materials: 5.1.1.1.WashelId Gravel:is clean washed gravel ranging in size from 1 inch to'h inch not to exceed 10%of fines,or five(5)%of coarser materials.Washed gravel shall in no event contain in excess of five(5)%clay. 5.1.1.2.Ballas Stone:is washed stone ranging from three(3)inch to six(6)inch in greatest dimension. 5.1.1.3.Granular embedment:is free flowing sandy material which contains no clay,reasonably free o organic material,shall not form muck or mud when wet and meets the following requirements: Sieve Size %Retained 2" 0 1" 0-10 No.40 0-40 No. 100 95 Minimum 5.1.1.4.Soil Resistivity:is material furnished for use as embedment for water mains and shall have a resistivity of not less than 5,000 ohms/centimeters(cm). 5.2. Backfill Classification 5.2.1. Street backfill crushed limestone will be used for trench Backfill in finished streets. 5.2.2. Sand material shall be obtained from an approved source consisting of durable particles,free of thin or elon�ated pieces,lumps of clay,soil,loam or vegetable matter and meet the following gradation which may be used in lieu of crushed limestone for street backfill with the approval of the Engine . Size Sieve %Passing Size Sieve %Passing No 100 No.50 20-40 No. 16 80-100 No. 100 10-40 No.200 0-10 Compaction shall be of 90%Proctor density. ITB No.20-0138 BULK DISPOSAL AND MATERIALS 31 of 62 5.2.3.Trench Back fill:Type B,C,and D backfill for trenches shall meet the following requirements: Type Backfill • MATERIAL REQUIREMENTS B C D Sandy Trench Trench Gravel Excavation Excavation • %of rock by volume allowed regard- less of trench width 50% 50% 50% • Greatest dimension of rock allowed in trenches 4 feet(ft.)or less in with 3" 3" 3" • %o maximum allowable dimension rock to total backfill volume, regardless of trench width 3% 3% 5% • Greatest dimension of rock allowed in trenches greater than 4'in with.Total volu e not to exceed 1%of backfill. 6" 6„ 81, • All ock must be reasonable uniform in distribution throughout the backfill material in orde to be considered acceptable for use,regardless of the width of trench,in which the mat rial is to be used. • %of backfill,by volume,of clay or gumbo lumps permitted, reg dless of trench width 25% 25% 25% • Largest dimension of clay or gumbo lumps in trenches 4 ft. or less in width 6" 6" 10" • Largest dimension of clay or gumbo lumps permitted in trenches gre ter than 4 ft.in width. Total volume not to exceed 1% 10" 10" 10"-12" ITB No.20-0138 BULK DISPOSAL AND MATERIALS 32 of 62 ■ All 11 mps must be reasonable uniform in distribution throughout the backfill material in order to be considered acceptable for use regardless of width of trench in which the mate ial is to be used. 5.2.4.Additional backfill requirements when approved for use in streets: 5.2.4.1. Type B backfill 5.2.4.1.1.Maximum liquid limit shall be 35 5.2.4.1.2.350/ or less of total volume shall pass No.200 sieve 5.2.4.1.3.Ma P mum plastic index(PI)shall be 12 5.2.4.2.Type IC backfill 5.2.4.2.1.Material meeting requirements and having a PI of 15 or less shall be considered as suitable for compaction by jetting. 5.2.4.2.2. Material meeting requirements and having a PI of 15 or more shall be considered for use only with mechanical compaction. 5.2.4.2.3.Ma erial shall be of such characteristic that it will stabilize without the use of lime or other similar additive and form a suitable street sub-base material. 5.2.4.2.4.Material unsuitable for use as Type C backfill shall be considered as spoiled,and Type B backfill will be used. 5.2.5.Alternate Allowable for Type C and Type D backfill 5.2.5.1.Type C Alternate:When Type C backfill material is not available in sufficient quantities from trench excavation,the Contractor may be allowed to provide material which does not meet the requirements for Type B backfill if the following conditions are complied with: 5.2.5.1.1.Engineer's approval must be obtained before being used. 5.2.5.1.2.Superior soil characteristics for use in street sub grades to that of excavated material being used on the project as Type C backfill material,but of lower quality than Type B. 5.2.5.1.3.351I or less of the total volume shall pass No.200 sieve. 5.2.5.1.4.Soil characteristics that will stabilize without the use of lime or other similar additives and form an acceptable street sub-base material. 5.2.5.1.5.No payment will be made for material substituted by this alternate. 5.2.5.2. Type D Alternate:When Type D backfill material is not available in sufficient quantities from trench excavation,the Contractor may be allowed to provide material which does not meet the requirements for Type B backfill if the following conditions are complied with: 5.2.5.2.1.Engineer's approval must be obtained before being used. 5.2.5.2.2.Shall meet or exceed the requirements for Type D. 5.2.5.2.3.No payment will be made for material substituted by this alternate. ITB No.20-0138 BULK DISPOSAL AND MATERIALS 33 of 62 EXHIBIT B VERIFICATION OF SIGNATURE AUTHORITY Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: C i-h/; jP2u-D vC- 5 �,�C Date: �1 / o ZJ Vendor Services Agreement—Exhibit x D Page 11 of 12 FORT WORTH CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0138 1 Event Round Version 1 1 Event Name ITB Bulk Disposal and Materials Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 03 2020 10:00:00 CDT 06 18 2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Bulk Disposal and Materials for the Water Department as specified in the attached Invitation to Bid (ITB). Terms & Conditions No Pre-bid conference will be held. *Vendors interested in bidding on this requ st,should register as a bidder with the City of Fort Worth* Bids are solicited for furnishing the supplies and services as set forth in this solicitation.Completed Bids including one executed original and one US�B flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,June 18,2020,and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE,addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: 1. Mail: City of Fort Worth, Purchasing Division, Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102-6314 2. Hand delivered from 8:30am 1:30pm on Thursdays at the South End lobby of City Hall. 3.To submit a bid earlier, please call Purchasing at 817-392-2462 to make an appointment for Purchasing to pick up the bid, Monday through Friday between 8:30am-5:00 pm,at the South End Lobby at City Hall. Bids delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked on the outside of the courier s shipping envelope BID No.20-0138 BULK DISPOSAL AND MATERIALS AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Acknowledgment of Addenda:#1 #2 #3 #4 #5 Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered,amended or withdrawn after the official opening.The undersigned agrees, if the bid is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms,conditions and scope/specifications contained in this document.The period for acceptance o this bid will be 90 calendar days after the bid opening date. Cooperative Purchasing: Should other Governmental entities decide to participate in this contract,would you,the Vendor,agree that all terms, conditions,specifications,and pricing shall apply(see section 11, Part ll)? Yes No CONTENTS SECTION NAME- TITLE COVER PAGE BID OFFER SHEET**-Cover page of Final Bid Document V1 and attached as separate document PART 2 INSTRUCTION TO BIDDERS-Part 2 of Final Bid Document V1 PART 3 SCOPE OF SERVICES/SPECIFICATIONS-Part 3 of Final Bid Document V1 PART 4 CITY OF FORT WORTH STAND RD TERMS AND CONDITIONS-Part 4 of Final Bid Document V1 PART 5 ATTACHMENTS ATTACHMENTA SCOPE OF SERVICES-Final Bid Document V1 ATTACHMENT B CONFLICT OF INTEREST QUESTIONNAIRE-Final Bid Document V1 ATTACHMENT C BIDDER CONTACT INFORMATION FORM-Final Bid Document V1 ATTACHMENT D CONSIDERATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS-Final Bid Document V1 ATTACHMENT E REFERENCE SHEET-Final Bid Document V1 ATTACHMENT F HOW TO REGISTER WITH THE CITY OF FORT WORTH-Final Bid Document V1 ATTACHMENT G NO BID SHEET ATTACHMENT H CONTRACTOR SERVICE AGREEMENT ITB No.20-0138 BULK DISPOSAL AND MATERIALS FORT WORTH® CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFWO1-20-0138 2 Event Round Version 1 1 Event Name ITB Bulk Disposal and Materials Submit TO: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 03 2020 10:00:00 CDT 0611812020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent, by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Failure to complete the requested information below may result in rejection of your bid. Legal Company Name: Company Address: City, State,Zip: Vendor Registration No. Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number(FID)# ITB No.20-0138 BULK DISPOSAL AND MATERIALS FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFW01-20-0138 3 Event Round Version 1 1 Event Name ITB Bulk Disposal and Materials Submit TO: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06 03 2020 10:00:00 CDT 06 16020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line Details Line: 1 Description: Qty Unit UnitPrice Total Disposal of Bulk Materials,Soil,Concrete 12000.00 EA and Asphalt,at Contractors Location,Per 10YD Load Line: 2 Description: Qty Unit UnitPrice Total Top Soil 3900.00 CY Line: 3 Description: Qty Unit UnitPrice Total Crushed Limestone 3800.00 TN Line: 4 Description: Qty Unit UnitPrice Total Backfill Sand 975.00 CY Total Bid Amount: `AII materials shall be purchased at the discount provided below.If no discount is offered,please enter zero on the percentage line.All materials will be added through an addendum on an as needed basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all the items with their bid submittal. All other materials at Manufacturer's List price at %discount. ITB No.20-0138 BULK DISPOSAL AND MATERIALS Vendor Services Agreement—Exhibit D Page 12 of 12 Bid for FORTWORTH. ITB Bulk Disposal and Materials Bid: CFW01-20-0138 Presented By: ZA& SILVER CREED MATERIALS FORTWORTH, SILVER CREEK MATERIALS Table of Contents BID OFFER CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS BIDDER QUALIFICATIONS FORT WORTH CITY OF FORT WORTH BID OFFER Event ID Page Invited: SILVER CREEK MATERIALS INC CFwol-20-0138 1 P 0 BOX 150665 Event Round Version FORT WORTH TX 76108 1 1 Event Name United States ITB Bulk Disposal and Materials Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06/03/2020 10:00:00 CDT 06/18/2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth seeks bids from qualified bidders to establish an annual agreement for Bulk Disposal and Materials for the Water Department as specified in the attached Invitation to Bid(ITB). Terms & Conditions No Pre-bid conference will be held. *Vendors interested in bidding on this request, should register as a bidder with the City of Fort Worth* Bids are solicited for furnishing the supplies, nd services as set forth in this solicitation.Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M.,June 18,2020,and then publicly opened and read aloud at 2:00 P.M.in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager.YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following add less: 1. Mail: City of Fort Worth, Purchasing Division, Lower Level, City Hall,200 Texas Street, Fort Worth,Texas 76102-6314 2. Hand delivered from 8:30am 1:30pm on Thursdays at the South End lobby of City Hall, 3.To submit a bid earlier, please call Purchasing at 817-392-2462 to make an appointment for Purchasing to pick up the bid, Monday through Friday between 8:30am-5:00 pm, at the South End Lobby at City Hall. Bids delivered by special courier(Le,Federal Express,Special Delivery etc.)are to be marked on the outside of the courier s shipping envelope BID No.20-0138 BULK DISPOSAL AND MATERIALS AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Acknowledgment of Addenda:#1 #2 I #3 #4 #5 Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered,amended or withdrawn after the official opening.The undersigned age ees, if the bid is accepted,to furnish any and all items upon which prices are offered,at the price(s)and upon the terms, conditions and scope/specifications contained in this document.The period for acceptance of this bid will be 90 calendar days after the bid opening date. Cooperative Purchasing: Should other Governmental entities decide to participate in this contract,would you,the Vendor,agree that all terms, conditions, specifications,and pricing shall apply(see section 11, Part ll)? Yeses No CONTENTS SECTION NAME- TITLE COVER PAGE BID OFFER SHEET**-Cover age of Final Bid Document V1 and attached as separate document PART 2 INSTRUCTION TO BIDDERS-Part 2�of Final Bid Document V1 PART 3 SCOPE OF SERVICES/SPECIFICATI,ONS-Part 3 of Final Bid Document V1 PART 4 CITY OF FORT WORTH STANDARD TERMS AND CONDITIONS-Part 4 of Final Bid Document V1 PART 5 ATTACHMENTS ATTACHMENT A SCOPE OF SERVICES-Final Bid Document V1 ATTACHMENT B CONFLICT OF INTEREST'QUESTIONNAIRE-Final Bid Document V1 ATTACHMENT C BIDDER CONTACT INFORMATION FORM-Final Bid Document V1 ATTACHMENT D CONSIDERATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS-Final Bid Document V1 ATTACHMENT E REFERENCE SHEET-Final Bid Document V1 ATTACHMENT F HOW TO REGISTER WITH THE CITY OF FORT WORTH-Final Bid Document V1 ATTACHMENT G NO BID SHEET ATTACHMENT H CONTRACTOR SERVICE AGREEMENT FORT WORTH CITY OF FORT WORTH BID OFFER Event ID Page Invited: CFW01-20-013e 9 SILVER CREEK MATERIALS INC Event Round Version 2 P 0 BOX 150665FORT WORTH TX 76108 1 1 United States Event Name ITB Bulk Disposal and Materials Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06/03/2020 10:00:00 CDT 06/18/2020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature,represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein.The Respondent,by submitting and signing below,acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference,and agrees to be bound by the terms therein. Failure to complete the requested information below may result in rejection of your bid. Legal Company Name: Silver Creek Matel,rials, Inc. Company Address: 2251 Silver Creek Road City, State,Zip: Fort Worth, Texas 76108 Vendor Registration No, 0000002483 Printed Name of Officer or Authorized Representative: Aaron Fields Title: Chief Product Officer Signature of Officer or Authorized Representative: c- Date: 01151 ZO z O Email Address: aaron@silvercreekmaterials.com Phone Number: (817)246-2426 Federal Identification Number(FID)# 75- 1I,898669 FORT WORTH. CITY OF FORT WORTH BID OFFER Event ID Page Invited: BIDDERS CFWO1-20-0138 3 Event Round Version 1 1 Event Name ITB Bulk Disposal and Materials Submit To: City of Fort Worth Start Time Finish Time PURCHASING DIVISION 06/03/2020 10:00:00 CDT 06/18/1020 13:30:00 CDT LOWER LEVEL CITY HALL 200 TEXAS ST. Fort Worth TX 76102 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line De tails Line: 1 Description: Qtv Unit UnitPrice Total Disposal of Bulk Materials,Soil,Concrete 12000.00 EA and Asphalt,at Contractors Location,Per 10YD Load 30 • &E�lo� ) Line: 2 U Description: Qty Unit UnitPrice Total Top Soil 3900.00 CY Line: 3 Description: Qty Unit UnitPrice Total Crushed Limestone 3800.00, TN Line: 4 Description: Qtv Unit UnitPrice Total Backfill Sand 975.00 CY Total Bid Amount: 'All materials shall be purchased at the discount provided below.If no discount is offered,please enter zero on the percentage line.All materials will be added through an addendum on an as needed basis throughout the life of the agreement,therefore,the bidder shall submit a price list for all the items with their bid submittal. All other materials at Manufacturer's List price at %discount. ITB No.20-0138 BULK DISPOSAL AND MATERIALS 3 of 62 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business ith local governmental entity This questionnaire reflects changes mallde to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the(vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local GoveIIrnment Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeano j. 1J Name of vendor who has a business relationship with local governmental entity. Silver Creek Materials, Inc. 2 ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the or'liginally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F-1ys F--] No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Ye'Is F No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 Check this box if the vendorlhas given the local government officer or a family member of the officer one or more gifts as described. in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 A-1-7020 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission ITB No.20-0138 BULK DISPOSAL AND MATERIALS Revised 11/30/2015 www.ethics.state.tx.us 35 of 62 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at hftp://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.0�,01(1-a):"Business relationship means a connection between two or more parties based on commercial activity of o e of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,ior local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. _Local Government Code$176.003(a)(2)(A)and(B)• (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding'the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or, (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the;local governmental entity is considering entering into a contract with the vendor. Local Government Code§ 176.0I06(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission ITB No.20-0138 BULK DISPOSAL AND MATERIALS Revised 11/30/2015 www.ethics.state.tx.us 36 of 62 ATTACHMEN i T-C VENDOR'S CONTACT INFORMATION Vendor's Name: Silver Creek Materials, Inc. Vendor's Local Address: 2251 Silver Creek Road, Fort Worth Texas 76108 Phone: (817) 246-2426 Fax: (817) 367-3413 Email: Name of person assigned specifically for this Agreement: Name/Title Jennifer Lutz - (Business Development Manager Phone: (817) 914-1672 Fax: Email: iennifer(o�silvercreeikmaterials com Name of persons for renewal information and/or billing questions: Name/Title Accounts Receivable Team Phone: (682) 703-4940 Fax:_(817)479-9268 Email: ar@silvercreekmaterials com Name/Title Bre Briqqs - Sales Administrator Phone: (817) 880-2433 Fax: Email:—bbriqqs@silvercree!kmaterials.com Aaron Fields !o / - Zo2p Signature Printed Name Date ITB No.20-0138 BULK DISPOSAL AND MATERIALS 37 of 62 ATTACHMENT-D CONSIDERATION,OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions slhould be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: 2251 Silver Creek Road, Fort Worth, Texas 76108 b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth"shall mean payable at the Fort Worth office. [must exceed 50%] 100% 2. Economic Development opl iortunities resulting from contract. a. Number of Fort Worth resident-employees? 65 (current-active Fort Worth resident-employees) b. Amount of City of Fort Worth ad valorem taxes(real and business personal property)paid by company (for prior tax year—Fort Worth office or former location,if Fort Worth office is newly-established)? 2019 sales tax paid totaled$331.77 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. Silver Creek Materials, Inc: b5ho2o (Compa y Name) (Date) Aaron Fields - Chief Products Officer (Signature) (Printed Name and Title) ITB No.20-0138 BULK DISPOSAL AND MATERIALS 38 of 62 ATTACHMENT-E REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least three(3)recent customers to whom products and/or services have been provided that are similar to those required by this solicitation.The City will be the sole judge of references.Please use additional sheets. 1. Company's Name City of Fort Worth Park&Recreation Trades Name of Contact Mark Clauser-Trades Title of Contact Field Operations Supervisor Present Address 5199 James Ave City,State,Zip Code Fort Worth,TX 76115 Telephone Number ( 817 )944-9959 Fax Number( ) Email Mark.Clauser@fortworthtexas.gov 2. Company's Name Conatser Construction TX, LP Name of Contact John Street Title of Contact Transportation Manager Present Address 5327 Wichita Street City,State,Zip Code Forest Hill, TX 76119 Telephone Number { 817 )919-7623 Fax Number( ) Email John.street60@aol,com 3. Company's Name Vilhauer Enterprises, LLC Name of Contact John Hoelscher Title of Contact Vice President of Transportation Present Address 5760 State Hwy 121, Suite 250 City,State,Zip Code Plano,TX 75024 Telephone Number (214 )507-2028 Fax Number( ) Email Johnh@vilhauerenterprises.com ITB No.20-0138 BULK DISPOSAL AND MATERIALS 39 of 62 C h� FoRTW . �ORTHI@ SILVER CREEK MATERIALS Bidders Background, Service s Provided and Years in Business x 1 "� '?•.�.�`� 'P _ 1~`� `" .� tea,� -'�"'xtr,., -=�'^--� - LS F r• � y � +�1t`-j-� � L - -� ". rip. � �, � � q�'Y- - . `— �1 "�., v.J'. . y "?7 _5u+�--ti• � ,� .- ..}.�4�-��..,-c� `yV f,,. `�"• T ,�.t_�, r -'s.-.: s_ > -c 1'• -7 y r '�. .r a',,:-, "����ry' � fit- - ..;. zS=1��`rfiS1t^�c_ SILVER CREEK MATERIALS steward of the earth Silver Creek Materials has served North Texas for over thirty years. We are proud to say that we are one of the top-producing�urface mines in this region. Our very diverse product selection, including bulk and bagged soil mixes, compost and mulches,have allowed us to partner with some of the largest landscaping professionals in the industry. Our products are produced oil-site using source-separated organics that otherwise would be destined for a landfill. We are beginning a new chap er with our Distribution Sales Division and are excited about creating a group of products that comprise of fertilizers (including organic), soil amendments and many other green industry products for professional landscapers and retailers. • 1983 Mining Officially Breaks Ground in Fort Worth • 1991 SCM starts producing SA Mixes, Compost, and Native Tree Mulches • 1992 We purchased our first Tub Grinder and began grinding Cedar Mulch Z= . • 1997 Silver Creek Materials was the recipient of the - Governor's Award for Environmental Excellence A11.Y rtv (' t • 2002 On-site Lake Built—Raff ier than la off employees, 1FL- A YFJeR�TT_T�1P_.R Robert Dow, made the d cision to keep them some, employed by building ou lake.This lake has entertained SCM familie and our customers ever since. • 2013 Lake Worth Dredging Project ject Begins—SCM took in 2.3 Million Cubic Yards of Sandy Loam Material • 2015 Mulch &Soil Bagging Operation is Launched • 2018 Silver Creek Distribution is Established to Better serve our Professional L ndscapers and Retailers Jennifer Lutz Composting Business Development Manag USCounciler Seal of Testing Cell:817.914.1672 Assurance Email:jennifer@silvercreekm 3terials.com si lve rcree kmateria ls.co m f ,a kn, i Common Fill Construction Entrance Rock - _ - h� n us io Sand �-- - - C Flex Bose _ _ Masonry Sand Non-Expansive Clay k =� Rem ix Screened Sand ed Silver Select Screened Sand .r Top Soil FORT ORTH® ZAA& SILVER CREED MATERIALS 18.1.3 In order to receive bid award consideration,the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. Our goal is to keep 100-200 yards, if not more, of material available in our binned areas to keep up with daily needs. In the event of high demand,or peak periods. Should we experience a weather event that impacts our ability to safely produce or load product we will send a text alert to our customers. Customers opt in by texting"SCM"to 31996, our customers may call our main office at(817)246-2426. AA INC ' 4rV f iPl 1 �c - y FORTWORTH. WHOLESALE PRICE SHEET SILVER CREEK MATERIALS u y11111 place In 1a1 down ranl.e BAG PLT YARD ORGANIC DRY BAG PLT YARD Aromatic Cedar $3.50 $2.75 $32.00 Bella Flora Potting Mix,40# $4.50 $4.00 $34.00 Color Enhanced $3.50 $2.75 $29.00 Dig Easy Expanded Shale,40# $6.00 $5.70 $85.00 Finely Shredded $3-00 $2.67 $20.00 Enriched Organic Compost,40# $3.50 $3.00 $27.00 Native Tree $2.75 $2.59 $17.00 Lava Sand of 14 $6.25 $6.00 $155.00 Pine Bark $4-73 $2.92 $29.75 Lava Sand Mix,40# $4.75 $4.25 $37.00 Varsity Grade Purple $5.00 $50.00 Peat Moss,3 Cu.Ft. $22.85 - - Playground Special Order Premium Soil Mix,40# $3.30 $3.00 $20.00 SCM Pro-Blend,2 Cu.Ft. $4.50 $4.00 $34.00 Sandy Soil Mix - - $15.00 Texas Grand Green Sand,40# $5.75 $5.50 - Texas Soil Mix - - $24.00 ' ' ' M M17131MITIM77M MINING PRODUCTS YARD YARD Pea Gravel $50.00 Clay-Screened(Blue/Purple) $11.00 Crushed Limestone,1" $50.00 Clay-Unscreened(Blue/Purple) $ 8.00 Decomposed Granite $72.00 Common Fill $ 3.75 Expanded Shale $85.00 Infield Clay Special Order Lava Sand $155.00 ` Sand, Masonry Sand $6o.o0 Amendment productsAvailable in i ' SUPERSACKS for an Sand,USGA $ 77.37 upebarge of$42-00 per bag. River Rock,Brazos $55.00 River Rock,Llano $110.00 River Rock,Llano-Small $65.00 RECYCLING FEES Asphalt,Asphalt Millings Clean Asphalt $ 3o.00 Load Dirt,Rock&Concrete Non-Contaminated/Clean $30.00 Load Land Clearing Up to 10 Yards Clean Stumps,Tree Trunks,Log Loads Under 5'Long or 2'Diameter $150.00 Load Land Clearing 11+Yards Clean Stumps,Tree Trunks,Log Loads Under 5"Long or 2'Diameter $275.00 Load Land Clearing,Oversized Updharge for Loads with Stumps,Tree Trunks,Logs $ 75.00 Load Over 5'Long or 2'Diameter Mixed Land Clearing Loads In Addition to Other Land Clearing Charges for Loads Mixed $ 75.00 Load 'th Dirt or Other Debris(Up to 30%) Mudwater $ 0.06 Gal($10o Min) Source Separated Lumber,Brush,Gras Clippings,Pallets,Etc. $ 25.00 Load Trailer Pull-Off Service $ 25.00 Load Wood Chips,io Yards or Less Chi I per Trucks-Wood Chips Only $ 50.00 Load Wood Chips 11+Yards Wood Chips Only-End Dump or Demo Trailer $1oo.00 Load Wood Chips&Logs,Mixed Load Mixed Chips&Logs $ 75.00 Load Jennifer Lutz Business Development Manager Cell:317.914.1672 Ema i l:i enn ifer@s i lvercreekmateri a l s_co m 2251 Silver Creek Road,Fort Worth,TX 761o8 817-246-2426 1 silvercreekmaterials.com Effective t to 1.20 Change. ©0 EI R Prices Subject to Chan e. �� ,3 9/2/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FbRTIVoRiti DATE: 8/25/2020 REFERENCE**M&C 20- LOG NAME 13P20-0138 BULK DISPOSAL AND NO.: :0580 MATERIAL SC WATER CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Ratify Expendit res of$20,000.00 and Authorize Service Agreement with Silver Creek Materials, Inc., for Disposal of Spoil Material and Purchase of Bulk Material for an Annual Amount Up to $500,000.00 and Authorize Four One-Year Renewal Options for the Water Department RECOMMENDATION: It is recommended that the City Council: 1. Ratify expenditures of $20, 00.00 incurred by the Water Department for bulk disposal and materials; and 2. Authorize a service agreement with Silver Creek Materials, Inc. for disposal of spoil material and purchase of bulk material for an annual amount up to $500,000.00 and authorize four one-year renewal options for the Water Department. DISCUSSION: The Water Department approached the Purchasing Division to procure services that will dispose of bulk spoil materials such as soil, concrete and asphalt from excavation and cleanup of water and wastewater projects. The agreement also includes the purchase of bulk materials, including top soil, limestone and backfill, from the same company in order to fill water or wastewater trenches and other excavations necessary for projects throughout the City of Fort Worth (City). The previous Mayor and Council Communication (M&C P-12096)for Invitation to Bid (ITB) 17- 0373 was approved on Septembei 12, 2017 and authorized an annual authority of$200,000.00 with Silver Creek Materials, Inc. The amount was then amended under M&C 19-0066 and approved on August 20, 2019 for a new annual amount of$312,000.00. Following this approval, services and materials for the Water Departmer t has increased. Staff requests that Council ratify expenditures in the amount of$20,000.00. Payme its made to Silver Creek Materials, Inc., after October 1, 2020 will be counted against the first's year"I authorized spending authority approved through this M&C. An ITB was advertised in the Fort orth Star-Telegram on June 3, 2020, June 10, 2020 and June 17, 2020. The evaluation factors consisted of quality of the bidders' goods and ability to meet material requirement's, reputation of the bidder in the marketplace and their ability to meet guidelines set forth in the specifications, availability of the contractor's location and services and total cost of goods and services. Nine vendors were solicited from the purchasing vendor database system; one response was received. The proposals were reviewed by an evaluation committee consisting of staff from the Water Department. A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M BE Office, in accordance with the BIDE ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. Upon City Council's approval, the contract will begin upon complete execution and expire one year from executed date. This contract may be renewed for up to four successive one-year periods under the same terms and conditions. Staff anticipates that �=28149&councilclate=8/25/2020 e costs for renewal years shall remain approximately the same as ew.asp?apps.cfwnet.org/council_packet/mc_revi I 1/2 9/2/2020 M&C Review the first year. The renewals will n t require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as previously appropriated, in the Water & Sewer Fund. Prior to an expenditure being incurred, the Water department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Dana Burghdoff(8018) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Sarah Czechowicz (2059) ATTACHMENTS SilverCreek Funding Avail 7.15.20.pdf SilverCreek Updated FID Table 7.420.pdf apps.cfwnet.org/council_packet/mc_review.asp?I =28149&councildate=8/25/202O 2/2