Loading...
HomeMy WebLinkAboutContract 47960 JTY SECRfTAW RECEIVED CONTRACT NO. AL 12 2016 GNOFFORTWC' CgySMRE i CONTRACT FOR DISPOSAL SERVICES OF WASTE FROM SEWER LINES, LIFT STATIONS AND STORM DRAIMS This contract is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called "City," acting herein through Jesus J. Chapa, its duly authorized Assistant City Manager, and Cowtown Processing & Disposal, Inc. d/b/a Cold Springs Processing hereinafter called "Contractor," by and through Gary Beavers, its duly authorized President. In consideration of the mutual promises and benefits of this contract, the City and Contractor agree as follows: 1. TERM The initial term of this contract shall be for a period of twelve (12) months, beginning on the date it is fully executed. In addition to the initial term, City shall have the right to renew this contract for up to four (4) consecutive one (1) year renewal terms. The parties shall renew this contract by written amendment. 2. SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall perform in a good and professional manner the services listed in this contract, and those identified in the City's Invitation to Bid No. 16-0094 as specified in the Contractor's response to the Bid. Such response shall be attached as exhibit A and shall be incorporated as part of this contract as if fully set forth herein. Any conflict between such documents and the main body of this Contract shall be governed by the terms of the main body of this contract. B. Contractor shall accept, handle and dispose of waste removed from sewer lines, lift stations and storm drains brought to the Contractor's appropriately and lawfully permitted site located at 1300 Cold Springs Road, Fort Worth, Texas 76102. Such waste shall be brought to Contractor's facility by jetter and/or vactor trucks. Contractor agrees to accept at least two trucks per day from the City, totaling approximately one hundred (100) yards of waste per week. However, the City is not obligated to deliver any minimum amount to the Contractor. C. Contactor shall provide all the labor, materials, and equipment necessary for the disposal of waste on an as-needed basis. OFFICIAL RECORD CITY iECRETARY FT. WORTH, TX JetterNactorTruck Waste Disposal Page 1 of 14 D. Contractor shall collect, package (containerizing), and label if necessary by law, hazardous, special and solid waste. E. Contractor shall perform analysis of wastes for disposal. F. Contractor's handling instructions and chain-of-custody protocols shall be in accordance with all Federal and State statutes and regulations. G. If Contractor collects a sample of hazardous, special and/or waste during the performance of the contract at the direction of City, Contractor shall provide the sample to City at the time of collection. H. Contractor shall provide all paperwork and documentation required by state and or federal law. I. Contractor shall provide invoices per truck that clearly identify delivery date, manifest(s) number, type of waste, quantity of each type of waste. J. Contractor shall provide City with fully executed copies of waste manifests within thirty-five (35) calendar days of waste pickup. K. Contractor shall provide City with certificates of disposal within 60 calendar days of the pickup date, however, if the waste is a special waste, Contractor shall provide the certificates of disposal within 120 calendar days of pickup date. L. Contractor shall provide quarterly waste handling and disposal summaries within fifteen (15) calendar days of the close of the calendar quarter (i.e., due on April 15, July 15, October 15 and January 15). M. Contractor certifies that it has and will maintain during the term of this contract, current and appropriate federal, state, and local licenses and permits to perform this contract. In addition, Contractor agrees to require any of its subcontractors used to perform this contract to have and maintain current and appropriate federal, state and local licenses and permits to perform the duties prescribed in this contract. 3. SCOPE OF CITY SERVICES The City agrees to perform the following services: A. City shall designate a City representative to provide timely direction to the Contractor and render City. JetterNactorTruck waste Disposal Page 2 of 14 B. City shall provide the required regulatory information for manifest and shipping paper information. 4. SUBCONTRACTORS If Contractor desires to subcontract any service or services listed under Section 2 "Scope of Contractor's Services" of this contract, Contractor agrees to obtain the City's written acceptance of such subcontractor(s) before allowing such subcontractor(s) to perform such service or services. Failure of the Contractor to obtain the City's written acceptance of any and all of the Contractor's subcontractors used in the performance of this contract is grounds for automatic termination. In addition, Contractor acknowledges that City may, at City's own discretion, perform on-site audits of all proposed subcontractor's facilities in order to determine acceptability. 5. COMPENSATION A. In consideration for the work performed by Contractor under this contract, City shall pay Contractor a sum not to exceed $70,000.00. Payment shall be based on the unit price charges contained in exhibit A, however, if a waste or a service and its associated cost is not listed in exhibit A, the parties will attempt to negotiate a unit price for the disposal of the waste or service. If the parties are unable to come to an agreement within fourteen (14) calendar days, the Contractor acknowledges and agrees that the City will obtain disposal services for the waste elsewhere. The City is responsible for notifying Contractor of any questions concerning an invoice, and shall not be required to pay Contractor until such questions have been resolved. B. The City agrees to pay Contractor within thirty (30) days after receipt of correct invoices for each task completed, for all uncontested or undisputed bills. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The City will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. C. Periodically during the performance of this contract, the Contractor's Project Manager shall inform the City's representatives of his/her best estimate of the expenses incurred to that time. In the event that the estimate approximates the not to exceed price, Contractor shall prepare to cease its operations unless and until the contract is amended and an authorized representative of the City directs Contractor to perform additional work. JetterNactorTruck Waste Disposal Page 3 of 14 D. Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to Contractor was caused by City's failure to provide information, if any, which it is required to do. When extra compensation is claimed, a written statement thereof shall be presented to the City. 6. INSURANCE The Contractor certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the terms of this contract. Prior to commencing work, the Contractor shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the Contractor submit its entire policy for inspection. Contractor also certifies that if it uses a subcontractor in the performance of this agreement that each subcontractor shall have, at a minimum, current insurance coverage as detailed below and will maintain it throughout the terms of this contract or such subcontractor shall be covered under Contractor's insurance. A. Commercial General Liability Insurance - $1,000,000 each occurrence, $2,000,000 aggregate. B. Professional Liability Insurance - $2,000,000 each occurrence. C. Automobile Liability Insurance — Coverage on vehicles involved in the work performed under this contract: $1 ,000,000 per accident on a combined single limit basis or: $500,000 Bodily injury/person; $1,000,000 Bodily injury/accident; and $250,000 Property damage. D. Worker's Compensation — Statutory limits for Worker's Compensation plus employer's liability at a minimum: $1,000,000 each accident; $1,000,000 disease - policy limit; and $500,000 disease - each employee. E. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items A and B above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). JetterNactorTruck Waste Disposal Page 4 of 14 F. The following shall pertain to all applicable policies of insurance listed above: 1. Each insurance policy required by this contract, except for Workers Compensation insurance and professional liability insurance policies shall be endorsed to include that the City of Fort Worth, its officers, agents, employees, representatives, and volunteers as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Fort Worth. 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 Provider shall deliver to the City of Fort Worth insurance certificate(s) documenting the insurance required and terms and clauses required. 4. Each insurance policy required by this contract shall contain the following clause or reasonably equivalent terms: "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 the Water Department. City of Fort Worth, 1000 Throckmorton, Fort Worth, TX 76102-6311." 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 City of Fort Worth. 6. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must be also approved. 7. INDEMNIFICATION A. For purposes of this contract, the following words and phrases shall be defined as follows: JetterNactorTruck Waste Disposal Page 5 of 14 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in paragraph 2 of this part. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic JetterNactorTruck Waste Disposal Page 6 of 14 substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. GENERAL INDEMNIFICATION. CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH 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 THE JOINT NEGLIGENCE OF CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE, BY ANY PERSON, OF WASTE COLLECTED PURSUANT TO THIS CONTRACT. D. The obligations of the Contractor under this Section 7 shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and 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. E. Upon learning of a claim, lawsuit, or other liability that Contractor is required hereunder to indemnify, City shall provide Contractor with reasonably timely notice of same. JetterNactorTruck waste Disposal Page 7 of 14 F. 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. G. 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. 8. WARRANTY Contractor warrants that it understands the known hazards and suspected hazards that are present to persons, property and the environment by providing packing, transporting, and disposal of the waste identified in this contract. Contractor further warrants that it will perform all services under this contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this contract. 9. LICENSES AND PERMITS Contractor certifies that on the day work is to commence under this contract, and during the duration of the contract, it shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. Contractor also certifies that if it uses any subcontractor in the performance of this agreement, that such subcontractor shall have and maintain current valid and appropriate federal and state licenses and permits necessary for the provision of services under this contract. 10. TERMINATION A. Except as provided in Section 4, City may terminate this contract without cause by giving thirty (30) days written notice to Contractor, provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. B. If the City terminates this contract under paragraph A in this section, City shall pay Contractor for all services performed prior to the termination notice. C. All completed or partially completed original documents prepared under this contract shall become the property of the City when the contract is terminated, and may be used by the City in any manner it desires; provided, however, that JetterNactorTruck waste Disposal Page 8 of 14 the Contractor shall not be liable for the use of such documents for any purpose other than as described when requested. D. Except as provided in Section 4, in the event either party defaults in the performance of any of its obligations under this Contract, misrepresents to the other a material fact, or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non- defaulting party shall have a right to terminate this contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a thirty (30) day period commencing upon the date of notice of default in which to affect a cure. If the defaulting party fails to affect a cure within the aforesaid thirty (30) day period, or if the default cannot be cured, the Contract shall terminate as of the date provided in the notice of default. 11. DEFAULT A. Contractor shall not be deemed to be in default because of any failure to perform under this contract, if the failure arises from causes beyond the control and without the fault or negligence of Contractor. Such causes shall include acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. B. If the failure to perform is caused by the failure of a subcontractor of Contractor's to perform, and if such failure was beyond the control of both the Contractor and the subcontractor, without their fault or negligence, Contractor shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. C. Alternatively, if at any time during the term of this contract the work of Contractor fails to meet the specifications of the contract documents, City may notify Contractor of the deficiency in writing. Failure of Contractor to correct such deficiency and complete the work required under this contract to the satisfaction of City within ten days after written notification shall result in termination of this contract. All costs and attorney's fees incurred by City in the enforcement of any provision of this contract shall be paid by Contractor. D. The remedies provided for herein are in addition to any other remedies available to City elsewhere in this contract. Jetter/VactorTruck waste Disposal Page 9 of 14 12. RIGHT TO AUDIT A. City shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions related to this contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment under the subcontract, access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 13. INDEPENDENT CONTRACTOR Contractor shall perform work under this contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co- employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this contract, except as outlined in this contract or as otherwise required by federal, state, county or city law, regulation or rule. 14. NON-DISCRIMINATION A. During the performance of this contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. JetterNactorTruck Waste Disposal Page 10 of 14 12. RIGHT TO AUDIT A. City shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions related to this contract. Contractor shall give City access during normal working hours to all necessary Contractor facilities in order to conduct audits in compliance with the provisions of this paragraph. City shall give Contractor reasonable advance notice of intended audits. B. Contractor shall include in all its subcontracts hereunder a provision to the effect that the subcontractor shall give City, until the expiration of five (5) years after final payment under the subcontract, access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 13. INDEPENDENT CONTRACTOR Contractor shall perform work under this contract as an independent contractor and not as an agent or employee of City. City shall not be considered the employer, co- employer or joint employer of the officers, employees or agents of Contractor. Contractor shall have the sole control, supervision, direction and responsibility over its officers, employees and agents and shall have the sole responsibility for determining the manner and means of providing the work described in this contract, except as outlined in this contract or as otherwise required by federal, state, county or city law, regulation or rule. 14. NON-DISCRIMINATION A. During the performance of this contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. B. Contractor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. JetterNactorTruck waste Disposal Page 10 of 14 C. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 15. GOVERNING LAW The City and Contractor agree that the validity and construction of this Contract shall be governed by the laws of the State of Texas, except where preempted by federal law. 16. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of Contractor, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. 17. ENTIRETY This contract, the contract documents and any other documents incorporated by reference herein contain all the terms and conditions agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 18. ASSIGNMENT The City and Contractor bind themselves and any successors and assigns to this contract. Contractor shall not assign, sublet, or transfer its interest in this contract without written consent of the City. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and Contractor. JetterNactorTruck waste Disposal Page 11 of 14 19. NOTICE Notices required to be made under this contract shall be sent to the following persons at the following addresses; provided, however, that each party reserves the right to change its designated person for notice, upon written notice to the other party of such change: If to City: Written notice shall be sent to: John Robert Carman, Director Department of the Water Department 1000 Throckmorton Fort Worth, Texas 76102 Questions should be directed to: Darla Morales Department of the Water Department 1000 Throckmorton Fort Worth, Texas 76102 (817) 392-5028 If to Contractor: Name of Company: Cold Springs Processing and Disposal Name of Contact Person: Gary Beavers Address: 1300 Cold Springs Road Fort Worth, Texas 76102 Telephone: 817-332-4939 Fax: 817-332-2840 20. VENUE Should any action, 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. JetterNactorTruck Waste Disposal Page 12 of 14 21. SEVERABILITY The provisions of this contract are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. 22. MODIFICATION No modification of the contract shall be binding on Contractor or City unless set out in writing and signed by both parties. This contract has been executed by on this day 6. City of Fort Worth Zolwtown Processing & Disposal, Inc. d/b/a Cold Springs Processing �D61 Jesus J. Chapa By: — Assistant City Manager Presi ent or) ice President APPROVED AS TO FORM WITNESS: &A A W-\�--t444�— !A Z hrista R. L0-Pez-Reynbfds Sr.Assistant City Attorney lust?, Name: co aqt Authorization 5 I Title: Date F ATTEST: ® CORPORATE SEAL: V70 —' FOFFICIAL RECORD Mary Kayse , t S cr ary CRETARY FT.WORTH,TX JetterNactorTruck Waste Disposai Page 13 of 14 Exhibit A SERVICE UNIT PRICE Waste disposal from JetterNactor trucks $80.00 per yard (1-50 cubic yards) Waste disposal from JetterNactor trucks $80.00 per yard (51-100 cubic yards), Waste disposal from JetterNactor trucks $80.00 per yard (101 cubic yards and over) Jetter/VactorTruck Waste Disposal Page 14 of 14 ACC)D® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/01/2016 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 pol[cy(ies) must 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 Jill McElroy IBTX Risk Services DFW 6363 N. State Highway 161, Ste. #100 PHONE (214) 989-7100 FAX No):(214) 596-9030 UVC_E-MAIL Irving TX 75038 ADDRESS: Service@ib-tx.com AFFORDING COVERAGE NAIC# INSURER A:Homeland Insurance Co of New Y 34452 INSURED INSURER B:Peerless Insurance Company 24198 Cowntown Processing & Disposal, Inc. dba Cold Springs Processing & Disposal Services INSURER C:Texas Mutual Insurance Company 22945 PO Box 1823 INSURER D Fort Worth TX 76101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 19836 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 ADOL SUER POLICY NUMBER MM/DDY� MMR)DY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F OCCUR 793003878 0000 10/15/2015 10/15/2016 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 25,000 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY El PRO- JECT ❑LOG PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 B X ANY AUTO BA1000291 10/15/2015 10/15/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIREDAUTOS X AUTOS Per accident $ i $ A UMBRELLA LIAB X OCCUR 793003879 0000 10/15/2015 10/15/2016 EACH OCCURRENCE $ 8,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 8,000,000 DED I I RETENTION$ $PER C AND YERS'LSAILIT Y/N TSF0010791202 10/15/2015 10/15/2016 X STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE FN] NIA E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The General Liability and Automobile policies include a blanket additional insured endorsement [OBENVGE301 (02/11) and OBENVGE304 (02/11), 16-59F 05/04] as required in a written contract with the named insured. The General Liability, Automobile and Workers' Compensation policies includes a blanket waiver of subrogation endorsement [OBENVGE320 (04/11),16-87 (11/09), WC420304B 06/141 as required in a written contract with the named insured. Primary Non-Contributory wording per endorsement (OBENVGE319 (02/11) . Cancellation see attached [16-130 (01/11), WC420601 01/941 . Umbrella [OBENV XS100 02/11] XS follows-form.RE: Agreement No. 16-0094 Waste Disposal 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. The City of Fort Worth Financial Management Services Department/ 1000 Throckmorton Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 12955 1 of l Complete Nos.1-4 and 6 it there are interested parties. OFF}CE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OFFILING 1 Name of business entity filing farm,and the city,state and country of the business entity's place Certificate Number: of business. 2016-31248 Cold Springs Processing 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 03/28/2016 being filed. City of Fort Worth Date Acknowledged: 3 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. 16-0094 Disposal for Vactor Trucks 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary `I I 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct TERRY GALLOWAY Notary Public.State of Texas =r My Commission Expires „„ o� February 13, 2018 .a Signatur of authorized agent of contracting business entity AFFIX NOTARY STAMP f SEAL ABOVE Sworn to and subscribed before me,by the said 1 t°r this the day of rr 2o ,to certify which,witness my hand and seal Of o Ce. e �19��Du�►9 N� Q1" ttk7flC, 5�.r X AS, tu o o er administering Printed name o!)officer administering 2a 0 Title of offi r administering oath Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V1.0.312 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/17/2016 DATE: Tuesday, May 17, 2016 REFERENCE NO.: **P-11872 LOG NAME: 13P16-0094 WASTE DISPOSAL SERVICE CC WATER SUBJECT: Authorize Purchase Agreement for Waste Disposal Services with Cowtown Processing & Disposal, Inc., d/b/a Cold Springs Processing, in the Amount of$70,000.00 for the First Year for the Water Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Purchase Agreement for Waste Disposal Services with Cowtown Processing & Disposal, Inc. d/b/a Cold Springs Processing, in the Amount of$70,000.00 for the First Year for the Water Department. DISCUSSION: The Water Department will use this service to dispose of solid waste from jetter/vactor trucks after cleaning sewer lines, lift stations, and storm drains at various locations within the City of Fort Worth. The specifications for this Agreement required bidders to submit a per yard price on disposal and provide disposal methods and permit numbers. The bidder must comply with all applicable Environmental Protection Agency (EPA) regulations for paperwork, pick-up, transportation, handling and disposal. The bid made no guarantee that a specific amount of these services would be purchased. BID TABULATION - 50 yards or less per month $80.00 per yard 51 yards to less than 100 yards per month $80.00 per yard 100 yards or more per month $80.00 per yard PRICE ANALYSIS - The prices quoted are the same prices as the current agreement in effect due to price adjustments in 2015. BID ADVERTISEMENT- The bid was advertised in the Fort Worth Star-Telegram on March 2, 2016, March 9, 2016, and March 16, 2016. Thirteen vendors were solicited from the Purchasing database. One bid was received. After contacting the vendors, it was determined that they could not provide the service. MIWBE -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 BIDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERM - Upon the City Council's approval, the Agreement shall begin on May 18, 2016 and Logname: 13PI6-0094 WASTE DISPOSAL SERVICE CC WATER Pa.,e I of 2 expire on May 17, 2017. RENEWAL OPTIONS -This Agreement may be renewed for up to four additional one-year terms at the City's option. This action does not require specific 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 funds are available within the existing appropriations of the Water Department for these expenditures and that prior to an expenditure being made, the Water Department has the responsibility to validate the availability of funds. BQN\16-0094\CC FUND IDENTIFIERS (FIDs): TO Fund Depar ounj Project Program ctivity Budget Reference # moun ID ID Year (Chartfield Z) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (8180) Originating Department Head: Aaron Bovos (8517) Jack Dale (8357) Additional Information Contact: Cristina Camarillo (8355) ATTACHMENTS 1. Bid Tab 16-0094.pdf (CFW Internal) 2. Err-'LS 16-0094.pdf (CFW Internal) 3. Form 1295.pdf (Public) 4. Waiver 16-0094.pdf (CFW Internal) 5. WATER-16-00337142.pdf (CFW Internal) Logname: 13P16-0094 WASTE DISPOSAL SERVICE CC WATER Page 2 of 2