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HomeMy WebLinkAboutContract 31019 CITY SECRETARY CONTRACT NO. STAIPOF TEXAS § COUNTIES OF TARRANT, § DENTON AND WISE § CONTRACT FOR TRANSPORTATION OF MULCH FROM THE SOUTHEAST SERVICE CENTER THIS CONTRACT is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation in Tarrant, Denton, and Wise Counties, Texas, acting herein by and through Libby Watson, its duly authorized Assistant City Manager, hereinafter called "City", and Big Bird Tree Service, Inc., doing business in Texas, acting herein by and through {`+hN osseq its duly authorized ���s n C&;T hereinafter called "Contractor." THIS CONTRACT shall be for the transportation of ground Brush and mulch from the City's Southeast Service Center to International Paper. KNOW ALL BY THESE PRESENTS: 1. DEFINITIONS In this Contract, the following words and phrases shall be defined as follows; Applicable Law shall mean any statute, law, constitution, charter, ordinance, resolution, judgment, order, decree, rule, regulation, directive, interpretation, standard or similarly binding authority, which in any case, shall be enacted, adopted, promulgated, issued or enforced that relates to or affects the City, the Contractor, or the performance by a party of its obligations hereunder. City shall mean the City of Fort Worth, Texas. Commission shall mean the Texas Commission of Environmental Quality (TCEQ), formerly known as the Texas Natural Resource Conservation Commission (TNRCC). Contract shall mean this document, Contractor's Proposal attached as Exhibit A and all other attachments to this document. If there is a conflict between the terms of the Contractor's Proposal and the terms of Contract, the Contract terms shall prevail. Contractor shall mean Big Bird Tree Services, Inc. DEM shall mean the Department of Environmental Management of the City of Fort Worth. CONTRACT FOR TRANSPORTATIONOFMULCK CRPI 1.03.040 1 Director shall mean the Director of DEM or his designated representative. Government Approvals shall mean all licenses, permits and approvals required from any Governmental Body for performance of the Contractor's obligations under this Contract. GVW shall mean gross vehicle weight. Hazardous Waste shall mean any Solid Waste identified or listed as a Hazardous Waste by the administrator of the United States Environmental Protection Agency (U.S.E.P.A) pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC, §6901 et seq, as amended. Brush shall mean shrub limbs, trimmings and tree limbs untreated wood (free of hardware and nails) and other similar items. Material Obligation of City shall mean those services or duties for which this Contract calls upon by the City to perform unless specifically noted otherwise within the terms of this Contract, and for which, by the terms of this Contract may constitute grounds for penalties or termination if the City fails to perform such services or duties. Material Obligation of Contractor shall mean the acts or omissions of Contractor as set forth in Section 15 herein. Medical Waste shall mean waste generated by health-care-related facilities and associated with healthcare activities, not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. The term includes special waste from health care-related facilities which is comprised of animal waste, bulk blood and blood products, microbiological waste, pathological waste, and sharps as those terms are defined in 25 TAC §1.132 (Definition, Treatment, and Disposition of Special Waste from Health-Care Related Facilities) or any successor. The term does not include Medical Waste produced on farmland and ranchland as defined in Agriculture Code, §252.001(6) (Definitions--Farmland or ranchland) or any successor, nor does the term include artificial, nonhuman materials removed from a patient and/or requested by a patient, including but not limited to orthopedic devices and implants. Mulch shall mean ground organic material such as Brush, leaves and Yard Waste free from garbage and Unacceptable Waste. Person shall mean any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Governmental Bodies. Processing (Process) shall mean those activities which include, but are not limited to, the separation and preparation of Type N Waste and Brush for reuse or recycling, or separation and preparation of Yard Waste to produce a marketable commodity or product(s) for beneficial use. CONTRACT FOR TRANSPORTATION OF MULCH CRPII.03.04v3 2 Southeast Service Center shall mean the City's Southeast Service Center located at 5000 Martin Luther King Freeway, Fort Worth, Texas 76119. Type N Waste shall mean brush such as tree and shrub limbs and trimmings, C&D, and/or Refuse that are free of putrescible and free of household wastes as is regulated by Applicable Law. Treated Wood shall mean wood that has been treated or preserved with chromated copper arsenate (CCA), pentachlorophenol, or other chemicals which have been classified as known human carcinogens by the U. S. E. P. A. Unacceptable Waste shall mean any and all waste, including but not limited to Hazardous Waste, special waste, Medical Waste and friable asbestos, the acceptance and handling of which by City Collector(s) would cause a violation of any permit condition, legal or regulatory requirement. Unanticipated Events shall mean severe weather events which are not reasonably anticipated for the geographical area, such as hurricanes, tornadoes, floods, ice storms or hail, and other disasters such as fires. Vehicle shall mean every device in, upon, or by which Contractor uses to transport materials or drawn upon a public or private highway or road to perform the services and related services described for by this Contract. Violation shall mean any determination by a Governmental Body that the Contractor is in violation of or not in compliance with any portion of its permit(s) or Applicable Law. Yard Waste shall mean leaves, yard trimmings, yard and garden debris, Christmas trees, and brush, including clean woody vegetative material, which results from landscaping maintenance and land-clearing operations. 2. SCOPE OF CONTRACTOR'S SERVICES Contractor hereby covenants and agrees to diligently and faithfully perform the public service of the transporting of Mulch from the City's Southeast Service Center to the International Paper facility located at 1202 Highway 509, Mansfield, Louisiana, 71052, (hereinafter "International Paper") for recycling or beneficial reuse. These services shall include the furnishing of all labor (except for the loading of such Mulch onto Contractor's Vehicles), tools, equipment, materials, insurance, performance bonds if so required, supervision and all other items necessary to the performance of such work and services. All work and services to be performed under this Contract shall be carred out in the manner and at the unit prices specified herein. CONTRACT FOR TRANSPORTATION OF MULCH CRP11.03.04v3 3 A. Contractor shall provide all Vehicles for the transportation of the Mulch designated by the City located at the City's Southeast Service Center herein, and deliver such material to International Paper; B. Contractor shall accept all Mulch under the terms of this Contract; and C. Contractor shall provide for maximum recovery, to the best of Contractor's ability, for the recycling and marketing and/or beneficial use of the materials being transported to International Paper. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. Designate a City representative to provide timely direction to the Contractor and render City decisions; B. Timely review and respond, if necessary, to reports submitted by Contractor; C. Provide such personnel and labor as necessary for the efficient loading of such Mulch onto Contractor's trucks for transporting to International Paper. D. Accurately measure the yardage of such Mulch loaded onto Contractor's truck for transporting to International Paper. E. Monitor the personnel, equipment, and Vehicle standards as described in the terms of this Contract; 4. TERM The term of the Contract shall be for a period of thirty (30) days commencing on the date the both parties have signed this Contract. 5. PAYMENT A. For and in consideration of the above transportation services performed in accordance with this Contract, City agrees to pay Contractor the agreed upon per-yard price for transportation of one dollar ($1.00) per yard of Mulch and the Contract amount not to exceed twenty-four thousand nine hundred fifty dollars ($24,950). CONTRACT FOR TRANSPORTATION OFMULCII CRP11.03.04v3 a B. The agreed upon per yard price for transporting of Mulch shall include any and all costs for the transportation of material described herein. C. Contractor shall submit to the City a weekly report and invoice. Payment shall be made to the City or Contractor within ten (10) days of receipt and approval by the Director of the Contractor's weekly invoice of the transportation services provided and weekly report. 6. LABOR FORCE A. The Contractor agrees that all persons employed in the performance of services under the Contract shall be paid standard wages; notwithstanding the foregoing the Contractor agrees to: 1. comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code; 2. maintain records that show (1) the name and occupation of each worker employed by the Contractor for the transportation services; and (2) the actual per diem wages paid to each worker. These records shall be open at reasonable hours for inspection by the City. B. All workers shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment and Vehicles necessary to properly carry out the performance of the assigned duties. Contractor shall provide suitable operational and safety training for all of its employees who utilize or operate equipment and Vehicles for transportation of materials under the Contract. 7. VEHICLES AND EQUIPMENT A. Contractor shall furnish and maintain all Vehicles used for services under this Contract as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All Vehicles and equipment used for transporting materials and executing any part of the work shall be maintained in satisfactory, safe and efficient working condition. Equipment and Vehicles used by Contractor shall be such that no injury to the workers or property should result from its proper use. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, in connection with the work and services performed hereunder. Contractor shall provide reasonable protection to prevent property loss or damage and/or personal injury to persons, including but not limited to employees performing such work and all other persons who may be affected thereby. CONTRACT FOR TRANSPORTATION OFAfULC!-/ CRPI L 03.04 v3 5 B. Contractor shall inspect each piece of equipment and each Vehicle daily to ensure that all equipment and Vehicles are operating properly. Equipment and Vehicles which are not operating properly shall be taken out of service until repaired and operating properly, and Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. 8. MWBE REQUIREMENTS The Director certifies that a requirement for MWBE participation is not necessary or has been waived by for this Contract. 9. REPORTING REQUIREMENTS Contractor shall maintain and submit to the City accurate reports, which detail certain activity related to the services pursuant to this Contract. These reports shall include data for all materials handled from Contractor's services to the City. Weekly reports shall include the following data: 1. Date, truck number, yardage for all loads being transported to International Paper; 2. Yardage of material which Contractor rejected for transportation due to contamination, and 3. Net money due the Contractor or City. 10. FORCE MAJEURE If, by reason of Force Majeure as hereinafter defined, any party shall be rendered wholly or partially unable to carry out its obligations under this Contract, then such party shall give written notice of the particulars of such Force Majeure to the other party within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall be in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes, lockouts or other industrial disturbances, acts of public enemies, orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority, insurrections, riots; epidemics-, landslides, earthquakes-, lightning-, fires; hurricanes; storms; floods; washouts; or other natural disasters, arrest; restraint of government and people; civil CONTRACT.FOR T24NSPORTATTON OF MULCH CRPL!.03.04v3 6 T, disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. 11. TERMINATION This Contract may be terminated with or without cause upon thirty (30) days written notice to the non-terminating party. 12. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the City; that Contractor shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder, and all persons performing the same; and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors; that the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors, and that nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. No person performing any of the work and services described hereunder shall be considered an officer, agent, servant or employee of the City. 13. INDEMNIFICATION A. CONTRACTOR SHALL RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, INCLUDING DAMAGES, LOSS, INJURY OR DEATH, TO THE EXTENT CAUSED BY ANY ERROR, OMISSION, DEFECT, OR DEFICIENCY OF CONTRACTOR IN ACCORDANCE WITH THIS CONTRACT EXCEPT TO THE EXTENT ANY SUCH DAMAGES, LOSS, INJURY OR DEATH IS CAUSED BY ANY NEGLIGENT ERROR, OMISSION, DEFECT OR DEFICIENCY OF THE CITY. B. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH CONTRACT FOR TRANSPORTATION OF MULCH CRN L 03.04v3 MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, OR THE JOINT NEGLIGENCE OF CONTRACTOR, ITS AGENTS, OR EMPLOYEES, OR SUBCONTRACTORS, AND ANY OTHER PERSON OR ENTITY, EXCLUDING ALL PARTIES INDEMNIFIED HEREUNDER, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONTRACTOR. C. The obligations of the Contractor under this section shall include, but not be limited to, the burden and expense of defending all claims, suits, and administrative proceedings (with counsel reasonably approved by the indemnified parties), even if such claims, suits or proceedings are groundless, false, or fraudulent, and in conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. D. Upon learning of a claim, lawsuit, or other liability which Contractor is required hereunder to indemnify, the City shall provide Contractor with reasonably timely notice of same. E. The obligations of the Contractor under this section shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. F. In all of its contracts with subcontractors for the performance of any work under this Contract, Contractor shall require the subcontractors to indemnify the City in a manner consistent with this section. G. In the event that a written claim for damages against Contractor or any of its subcontractors remains unsettled at the time all work on the assigned task has been completed to the satisfaction of the City Manager, as evidenced by a final inspection, final payment to Contractor shall not be recommended by the City Manager for a period of ninety (90) Days after the date of such final inspection, unless the Contractor submits written evidence satisfactory to the City Manager that the claim has been settled and a release has been obtained from the claimant involved, or offers reasonable security for payment of such claim. 1. If the claim concerned remains unsettled at the expiration of the said thirty (30) Day period, the Contractor may be deemed by the City Manager to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less CONTRACT FOR TRANSPORTATION OF MULCH CRPII.03,04v3 the dollar value of any written claims pending against the Contractor arising out of the performance of such work. 2. The City Manager shall not recommend final payment to Contractor if a claim for damages is outstanding for a period of six (6) months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing, satisfactory to the City Manager, that: a. The claim has been settled and a release has been obtained from the claimant involved; or b. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. 3. If condition (a) above is met at any time within the six (6) month period, the City Manager shall recommend that the final payment to Contractor be made. If condition (b) above is met at any time within the six-month period, the City Manager may recommend that final payment to Contractor be made. At the expiration of the six (6) month period, the City Manager may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the City Manager. 14. INSURANCE Contractor shall not commence work under this Contract until it has obtained all the insurance required under the Contract, and such insurance has been approved by the City. Contractor shall keep the required insurance in force throughout the term of this Contract. A. WORKERS' COMPENSATION INSURANCE: Contractor shall maintain, during the term of this Contract, Workers' Compensation Insurance at statutory limits on all of its employees to be engaged in work under this Contract, and for all subcontractors. Employer's Liability (EL) Insurance shall also be maintained, at minimum limits as follows: $500,000 each accident/$500,000 disease each employee/$500,000 disease policy limit. B. GENERAL LIABILITY INSURANCE (CGL): Contractor shall procure and shall maintain during the term of this Contract a Commercial General Liability Insurance Policy at a minimum limits as one million dollars ($1,000,000.00) per occurrence with an aggregate of two million dollars ($2,000,000.00) combined single limit, including property damage and personal injury coverage, during effective dates of the Contract, or any renewal thereof, in order to protect and save the City harmless against any and all claims for damage to person, persons, or property arising from the CONTRACT FOR TRANSPORTATION OFILIULCH CRP11.03.04v3 9 I- - 4 transportation of mulch. Contractor shall also provide excess Commercial General Liability in the amount of one million dollars ($1,000,000.00). C. AUTOMOBILE INSURANCE: Contractor shall procure and maintain during the term of this Contract Comprehensive Automobile Liability Insurance covering all vehicles involved with Contractor's operations under this Contract. The minimum limits of liability coverage shall be in the amount of two million dollars ($2,000,000) per occurrence combined single limit, during the effective dates of Contract and any renewal period. The named insured and employees of Contractor shall be covered under this policy. The City of Fort Worth shall be named an additional insured on Endorsement TE 9901 or equivalent, as its interests may appear. The following shall pertain to all applicable policies of insurance (A. through C.) listed above: 1. Additional Insured Clause: "The City of Fort Worth, its officers, agents, employees, and representatives are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Fort Worth." An equivalent clause may be acceptable in the discretion of the City. 2. Subcontractors shall be covered under the Contractor's insurance policies or they shall provide their own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the Contractor prior to the commencement of work and the Contractor shall deliver such to the City. 3. Prior to commencing work under the Contract, the Contractor shall deliver to the City insurance certificate(s) documenting the insurance required and the terms and clauses required. 4. Each insurance policy required by this Contract shall contain the following clauses: "This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) Days prior written notice has been given to the Director of Environmental Management, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102." Note: Written notice can be by Contractor or insurance company. 5. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Risk Manager for the City. 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City; and, in lieu of CONTRACT FOR MAISPORTAT/ON OFMULCH CRPII.03.04v3 10 traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. 15. UNACCEPTABLE WASTE Contractor shall NOT knowingly accept, nor be required to accept for transportation Unacceptable Waste. Contractor shall notify City's Collector(s) and the Director of the suspected Unacceptable Waste immediately and provide the Director with a description of such waste. Contractor reserves the right to reject or revoke acceptance of any Unacceptable Waste in accordance with Applicable Law. 16. CUMULATIVE REMEDIES The rights and remedies granted in this Contract are cumulative, and the exercise of such rights shall be without prejudice to the enforcement of any other right or remedy authorized by law or this Contract. No waiver of any violation shall be deemed or construed by a court of law or an arbitrator to constitute a waiver of any other violation or other breach of any of the terms, provisions, and covenants contained herein. 17. REMEDIES FOR BREACH The parties agree that, except as otherwise provided in Section 11 with respect to termination, in the event that either party breaches this Contract, the other party may exercise any legal rights it has under this Contract under the security instruments and under Applicable Law to recover damages or to secure specific performance, and that such rights to recover damages and to secure specific performance shall ordinarily constitute adequate remedies for any such breach. 18. NO WAIVER OF RIGHTS No failure by the City or by the Contractor to insist upon the strict performance of any term, covenant, agreement, provision, condition or limitation of this Contract or to exercise any right or remedy hereunder, and no acceptance by the City of full or partial payment during the continuance of any such breach, shall constitute a waiver of any such breach or of such term, covenant, agreement, provision, condition or limitation. No term, covenant, agreement, provision, condition or limitation of this Contract to be kept, observed or performed by the City or by the Contractor, and no breach thereof, may be waived, altered or modified except by a written instrument executed and acknowledged by and delivered to the City and the Contractor. No waiver of any breach shall affect or alter this Contract, but each and every term, covenant, agreement, provision, condition and limitation of this Contract shall continue in full force and effect with respect to any other then existing or subsequent breach thereof This Contract may be CONTRACT FOR TRANSPORTATION OF MULCH CRPI1.03.04v3 11 r terminated (except by expiration of the term of this Contract) only by a written instrument of termination executed by the appropriate party and delivered to the non-terminating party. 19. RIGHT TO AUDIT Until the expiration of three (3) years after the final payment under this Contract, the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor and Guarantor involving transactions relating to this Contract. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating to the subcontract. The term "subcontract" as used herein includes purchase orders. 20. GOVERNMENTAL POWERS AND IMMUNITIES It is understood and agreed that, by execution of this Contract, the City does not waive or surrender any of its governmental powers or immunities. Contractor acknowledges that the City is a Governmental Body and as such has certain rights, powers and duties that may affect the Contractor's rights or obligations under the Contract. The Contractor agrees that no action by the City acting in its governmental capacity shall be construed as a breach by the City under this Contract, nor shall any such action excuse the Contractor from performance of its obligations under this Contract; provided, however, if such action constitutes a Force Majeure, the Contractor may assert any rights it may have under this Contract as is permitted herein. 21. COMPLIANCE WITH LAWS Contractor, its officers, agents, employees, contractors and subcontractors, shall abide by and comply with all Applicable Law, federal, state and local, including the City's charter and all ordinances, rules and regulations of the City and shall maintain all permits and approvals required for the services to be provided to City. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor, its officers, agents, employees, contractors or subcontractors, then Contractor shall immediately desist from and correct such violation. 22. LICENSES, PERMITS AND FEES Contractor agrees to obtain and pay for and maintain all licenses, permits, certificates, inspections and all other fees required by law or otherwise necessary to perform the services CONTRACT FOR TR4NSPORTATIONOFMULCH CRP11.03.003 12 yyq nt � i e ic�ia11!`�� prescribed hereunder. Contractor shall also pay, at its own expense, all fees necessary for the transportation of Mulch. 23. NON ASSIGNMENT Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the Contract or the rights, title, or interest in or to the same or any part thereof without the previous consent of the City which consent will not be unreasonably withheld if the assignment is made to an Affiliate. In the event Contractor does, without such previous consent, assign, transfer, sublet, convey or otherwise dispose of the Contract or of the right, title or interest therein or any part thereof, City may, at its discretion, terminate the Contract in accordance with Section 11 hereof. 24. SUCCESSORS AND ASSIGNS .All of the terms, covenants, and Contracts contained herein shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. 25. NOTICES Any notices, bills, invoices or reports required by this Contract shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to the City: Kim Mote, Assistant Director Solid Waste Services Division Department of Environmental Management City of Fort Worth 4100 Columbus Trail Fort Worth, Texas 76133 (817) 871-5153 If to the Contractor: (Y1 .a s-SEH I 'Hu 1cP, lits E � t 6 D1 k (Lt.L of1ER01C6 lOHE-jkCLAN D Ro�D DA� �� 26. VENUE Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this Contract, venue for said action shall be in Tarrant County, Texas. CONTRACT FOR TRANSPORTATION OF MULCH CRP11.03.04v3 13 27. SAVINGS CLAUSE In case any one or more of the provisions contained in this Contract shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Contract; this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 28. NON-APPROPRIATION In the event that no funds or insufficient funds are collected, appropriated and budgeted or funds are otherwise unavailable for payment of amounts due hereunder by City to Contractor, City shall notify Contractor and this Contract shall terminate on the last day of the fiscal pefiod for which appropriations were made without penalty or expense to City of any kind whatsoever, except as to the payment of amounts due and payable for which appropriations have been made for said fiscal period. City covenants that it will provide Contractor as much notice as possible of this contingency. IN WITNESS WHEREOF, The parties hereto have executed this Contract on this day ofQLOO Q.1 DQ- A.D., 2004, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH BIG BIRD TREE SERVICES, INC. Libby Watson Assistant City Man ger President/Vice Prlent Date Signed: (y 0 Date Signed: ATTEST: WITNES Marty Hendrix City Secretary APPROVED AS TO FORM CORPORATE SEAL: AND LEGALITY: A sistant ity Attorney 1 f CONTRACT FOR TRANSPORTATION OF MULCH CRPI I.03.0Av3 14 fJ' ��'°!]• 171 i"��l.rJ � .. � �.�`.�`_ . contract Authorization Date i Z.