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HomeMy WebLinkAboutContract 54507-RCSC No. 54507-R4 CITY OF FORT WORTH REQUEST TO EXERCISE RENEWAL OPTION July 5, 2023 Silver Creek Materials, Inc. Attn: Aaron Fields P.O. Box 150665 Fort Worth, Texas 76108 Re: Contract Renewal Notice — Renewal 4 Contract No. CSC No. 54507 Renewal Term: September 30, 2023 to October 1, 2024 Renewal Amount: $520,000.00 The above referenced Contract with the City of Fort Worth expires on September 30, 2023 (the "Expiration Date). This letter is to inform you that the City is exercising its right to renew the contract for its 1 st term in an amount up to $520,000.00, which will be effective immediately after the Expiration Date. All other terms and conditions of the contract remain unchanged. Please sign and return the second page of this letter, along with a copy of your current insurance certificate, to the undersigned. Please log onto PeopleSoft Purchasing at htt-o://fomvorthtexas.Qov/nurchasine to insure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Regina Jones Regina Jones Contract Compliance Specialist 817-392-2698 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 1 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH Dana Bur'hdoff By: Dana Burghd off (Aug 2 , 202312:22 CDT) Name: Dana Burghdoff Title: Assistant City Manager APPROVAL RECOMMENDED: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Rbo&a Name: Regina Jones Title: Contract Compliance Specialist ckrlk�N Hk�-&r APPROVED AS TO FORM AND By: Christopher Harder (Aug 17, 2023 09:46 CDT) LEGALITY: Name: Chris Harder 0 9 anb� Title: Water Director aoFFORt��o o9�dd �o ATTEST: cA°000 By: Mack (Aug 22, 2023 22:29 CDT) '� a3 ��°nE"p5a4p Name: Doug Black nn o44 By: Name: Jannette Goodall Title: Assistant City Attorney Title: City Secretary CONTRACT AUTHORIZATION: M&C: 20-0580 Date Approved:8/25/2020 Silver Creek Materials, Inc. By:FsName: Aaron Fie Title: Chief Products Officer Form 1295 Certification No.: 644514 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Renewal Page 2 of 2 FORTWORTH, Ali& SILVER CREEK MATERIALS EXHIBIT B - R4 PRICE SCHEDULE RFP 17-0373 - BULK DISPOSAL AND MATERIAL (Contract # CSC No. 54507) Unit Proposal Item UOM Price Bulk Material Disposal for soil, concrete & asphalt from cleanup of water and sewer repairs, 10 Yard Loads * I EA $ 37.00 1*1oads contaminated with trash will be rejected ITop Soil CUYD $ 15.25 3/4 Utility Rock (formerly Crushed Limestone) TON $ 42.00 Backfill Sand CUYD $ 9.75 Above pricing is for the term of September 30, 2023 to October 1, 2024 Jennifer Lutz I Business Development Manager Email: jennifer@silvercreekmaterials.com Cell: 817-914-1672 Office: 817.246.2426 www.silvercreekmaterials.com A ® I DATE/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1 7[7120m2o2a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amber Aguirrebena Frost Insurance Agency, Inc. PHONE FAX P.O. Box 33528 (EA/C N0. Exit: 817-420-5700 I (A/C, No): 817 420-5750 Fort Worth TX 76162 ADDRESS: ambera(a)_frostinsurance.com INSURER(S) AFFORDING COVERAGE I NAIC # INSURERA: Employers Mutual Casualty Co I 21415 INSURED SILVE-4I INSURER B : Texas Mutual Insurance Co. I 22945 Silver Creek Materials, Inc.; Silver Creek Recycling & Compost, Inc.; Silver Creek Aggregates, LP; Robert Dow; Third Peak, LLC Fort Worth TX 76108 INSURER C: Markel Insurance Company INSURER D : Westchester Surplus Lines Ins INSURER E : INSURER F : 38970 10172 COVERAGES CERTIFICATE NUMBER:963904796 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUeR pOUCY NUMBER IMM/DDYEFFIYYYY) fMOM/UDD/Y11'1') LIMITS LTR INSD WVD A X COMMERCIAL GENERAL LIABILITY 5D49933 7/3/2023 7/3/2024 EACH OCCURRENCE S1,000,000 CLAIMS -MADE OCCUR X 1,000 I'L GE AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC OTHER: A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X AUTOS ONLY NON -OWNED AUTOS ONLY A X I UMBRELLA UAB OCCUR N EXCESSLUE CLAIMS -MADE DED I X I RETENTIONS in nnn B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE NIA OFFI CER/MEMBER EXCLUDED? 1-71 (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below C Equipment Floater D POIIOt100 Liability UAMAGE fO RENIED PREMISES (Ea occurrence) S 500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY I S 1,000,000 GENERAL AGGREGATE $2,000.000 PRODUCTS -COMP/OPAGG $2,000,000 Empployyee Benefits $ 1,000.000 5E49933 7/3/2023 7/3/2024 2111NED SINGLE LIMIT (Ea accidentl S 1,000,000 BODILY INJURY (Per person) I $ BODILY INJURY (Per accident) 5 IPROPERTY DAMAGE S (Per accident) 5 5J49933 7/3/2023 7/3/2024 EACH OCCURRENCE 5 5,000,000 AGGREGATE S 5,000,000 5 0001107041 7/3/2023 7/3/2024 X I PER I I ER E.L. EACH ACCIDENT S 1,000.000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT $1.000,000 MKLM41MG053727 7/3/2023 7/3/2023 7/3/2024 7/3/2024 Leased/Rented Equip 1,000,000 Per Occurrence 6,000,000 G47413679001 Aggregate 6,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement on primary and non-contributory basis that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract with the Named Insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth Water Department 1608 11th Avenue AUTHORIZED REPRESENTATIVE Fort Fort Worth TX 76102 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, August 25, 2020 REFERENCE NO.: **M&C 20-0580 LOG NAME: 13P20-0138 BULK DISPOSAL AND MATERIAL SC WATER SUBJECT: (ALL) Ratify Expenditures 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 $20,000.00 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 September 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 Department has increased. Staff requests that Council ratify expenditures in the amount of $20,000.00. Payments made to Silver Creek Materials, Inc., after October 1, 2020 will be counted against the first's year's authorized spending authority approved through this M&C. An ITB was advertised in the Fort Worth 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 requirements, 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/WBE Office, in accordance with the BDE 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 the costs for renewal years shall remain approximately the same as the first year. The renewals will not 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. B QN\\ FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # (Chartfield Amount ID ID Year 2) IIReUIVI Fund Department Account Project ProgramActivity Budget Reference # (Chartfield Amount ID ID Year 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Dana Burghdoff (8018) Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Cynthia Garcia (8525) Sarah Czechowicz (2059) ATTACHMENTS 1. 1295 FORM ITB 20-0138 BULK DISPOSAL AND MATERIALS.pdf (CFW Internal) 2. 20-0138 Purchasing Cloal-Waiver Form-PJW.pdf (CFW Internal) 3. Copy of SilverCreek FIDS table (J)02).xlsx (CFW Internal) 4. SAMs Report 7.14.2020.pdf (CFW Internal) 5. SilverCreekFundine Avail_ 7.15.20.pdf (Public) 6. SilverCreek_Updated FID Table 7.15.20.pdf (Public) CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2020-644514 Silver Creek Materials Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/15/2020 being filed. The City of Fort Worth Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB 20-0138 BULK DISPOSAL AND MATERIALS Nature of interest 4 Name of Interested Party City,State, Count ry (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION / My name is �d i G Vi1 �' E j S , and my date of birth is My address is �) s') V C!\ eG j( �CD'lG1 +=piZf LL'i;i;t 1 i X 7 i01 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in �{ N i County, State of I EX fi S on the ! .h day of vl y 20 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7c