HomeMy WebLinkAboutContract 50085 CITY SECRETARY
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cc�15�G��PPI RFP NO. 17-0350,USED OIL AND ANTIFREEZE DISPOSAL
CONTRACT FOR PACKING,TRANSPORTING AND DISPOSAL SERVICES OF
HAZARDOUS, SPECIAL AND SOLID WASTE
This contract is entered into by and between the City of Fort Worth, Texas, a home-rule
municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City,"
acting herein through Jesus Chapa, its duly authorized Assistant City Manager, and Safety Kleen
Systems,Inc., hereinafter called"Contractor,"by and through Shane Outlaw, its duly authorized Account
Manager.
In consideration of the mutual promises and benefits of this contract,the City and Contractor
agree as follows:
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Services
2. Exhibit A—Scope of Services plus any amendments to the Scope of Services
3. Exhibit B—Payment Schedule
4. Exhibit C—Signature Verification Form
Exhibits A, B and C, which are attached 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 Exhibits A,
B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of
this Agreement shall control.
1.
TERM
This Agreement shall commence December 6, 2017 ("Effective Date") and shall expire on December 4,
2020 unless terminated earlier in accordance with the provisions of this Agreement. The City shall have
the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for one
(1), two (2)year renewal term. The parties shall renew this contract by written amendment provided the
City Council has appropriated sufficient funds.
2.
SCOPE OF CONTRACTOR'S SERVICES
A. Contractor hereby agrees to provide the City with services for the purpose of disposing of used oil
and antifreeze. Attached hereto and incorporated for all purposes incident to this Agreement is
Exhibit "A," Scope of Services, more specifically describing the services to be provided
hereunder.
B. Contractor shall provide all the labor, materials, and equipment necessary for the packaging,
transportation,and disposal of City generated hazardous, special and solid waste on an as-needed
basis.
RFP NO.17-0350,USED OIL AND ANTIFREEZE DISPOSAL OFFICIAL RECORD
O i ONRETARY
FT.WORTH,TX
C. Contractor shall collect,package(containerizing),and label hazardous,special and solid waste.
D. Contractor shall dispose,recycle and/or reuse requested materials.
E. Contractor shall dispose of hazardous and other regulated waste. Disposal includes, but is not
limited to incineration,treatment and landfilling.
F. Contractor shall provide all paperwork and documentation needed to complete waste shipments.
G. 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. The City shall provide a safe working condition for the Contractor to perform all job duties
required in this scope of work.
B. City personnel shall maintain the City-owned vats and containment storage units to be emptied by
the Contractor in good condition to minimize any potential risk of leakage. City personnel shall
also ensure the integrity and structure of the 55-gallon drums provided by the Contractor for
acceptable used fluids and waste collection,disposal and transportation,while in the possession
of the City.All safety measures and precautions shall be made to preserve the longevity of the
storage vessels,thus,minimizing the risk of leakage during the collection and transportation of
used fluids and waste by the Contractor.
4.
SUBCONTRACTORS
If Contractor desires to subcontract any service or services listed under Exhibit A"Scope of 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
The City shall pay Contractor or Contractor shall pay the City, as applicable, in accordance with the
provisions of this Agreement and the Payment Schedule attached as Exhibit `B," which is incorporated
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for all purposes herein; however, total payment made under this Agreement by the City for all services
shall not exceed $40,000.00. Contractor shall not perform any additional services for the City not
specified by this Agreement unless the City requests and approves in writing the additional costs for such
services. The City shall not be liable for any additional expenses of Contractor not specified by this
Agreement unless the City first approves such expenses in writing.
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 ocurrence.
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).
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
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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 Environmental Management. City of Fort Worth, 1000Throckmorton,
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 Director of Risk Management for 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:
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,
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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 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.
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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.
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 hazardous,
special and solid waste. 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. 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.
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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 the Contractor shall not be liable for the use of
such documents for any purpose other than as described when requested.
D. 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 attorneys 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.
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
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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.
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.
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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.
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:
City of Fort Worth
Attn:Jesus Chapa,Assistant City Manager
200 Texas Street
Fort Worth TX 76102-6311
Facsimile: (817)392-8654
With Copy to the City Attorney
At same address
If to Contractor:
Safety Kleen Systems,Inc.
Attn: Shane Outlaw,Account Manager
2600 North Central Expressway,Ste 400
Richardson,Texas 75080
Facsimile:(817)834-3368
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.
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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.
23.
IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination. Contractor shall verify the
identity and employment eligibility of all employees who perform work under this Agreement. Contractor
shall complete the Employment Eligibility Verification Form(I-9),maintain photocopies of all supporting
employment eligibility and identity documentation for all employees,and upon request,provide City with
copies of all I-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. Contractor shall establish appropriate procedures and controls so that no services
will be performed by any employee who is not legally eligible to perform such services. Contractor shall
provide City with a certification letter that it has complied with the verification requirements required by
this Agreement. Contractor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Contractor.
24.
ADDITIONAL CERTIFICATIONS
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City
is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will 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, Contractor certifies that Contractor's signature provides written verification to the City
that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
[Signature page follows]
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this�4s day
of (1
ACCEPTED AND AGREED:
CITY OF FORT WORTH: CONTRACTOR:
By: By: 'j�2zq
Name: Jesus J.Chapa Name: Christopher Franks
Title:Assistant City Manager Title: Senior Vice President,Branch Sales and Services
Date: fob Date: /s)-7//7
APP AL" COMM7.1,
By: ATTEST:
ame: Steve Cook
Title:Property Management Director By:
Name:
�FORT�'L Title:
ATTES �' ..•• O�
By:
a e: Mary J.Kayser
Title: City Secretary
APPROVED AS TO FORM AND LEGALI TEXI
Name: Matthew A. Aurray
Title:Assistant City Attorney
M &C: P-12129 dated: December 5, 2017
Form 1295 Certification No.: 2017-252859
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: 1Utj
Name:
Title:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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EXHIBIT A
SCOPE OF SERVICES
1 The City of Fort Worth (City) is establishing an Agreement for used oil and antifreeze disposal
for the Property Management Department (PMD) and the Code Compliance Department(Code)
in accordance with the descriptions and specifications listed in this solicitation.
2 The City shall utilize this Agreement for the collection, transportation, storage and disposal
services for used automotive oil, used oil filters, used antifreeze, and any related items resulting
from the City's Fleet Maintenance Shops and Environmental Collection Centers.
3 Unit prices shall include all associated costs unless specified in Proposal,not limited to delivery,
fuel and handling charges.No additional charges shall be accepted or paid by the City.
4 The Contractor(s)shall provide unit prices for listed items required on the Proposal.
5 The submission of a proposal by the firms shall be considered evidence of compliance with these
requirements.
6 Following the award, additional products and/or services of the same general category that could
have been encompassed in the award of this Agreement, and that are not already on the
Agreement,may be added.
7 Contractor Requirements:
71 Collection:
7.1.1 The Contractor shall be responsible for the safe and proper collection of used
automotive motor oil and waste products such as, used oil filters, used
automotive antifreeze, and contaminated water from the City's designated sites
and the City of Fort Worth Fleet Maintenance Shop. The Contractor shall be
responsible for the cleanup of any spills on City property as a result of the
collection process by the Contractor of all used fluids and waste products. The
Contractor must be equipped to handle any waste collection clean-up resulting
from the leakage of hazardous materials from a container during the collection
and extraction process. The Contractor shall have supplies on-hand in their
vehicles to handle a fluid and waste collection clean-up,including but not limited
to, absorbent pads, granular sorbent materials, solidifiers, gloves, etc. The
Contractor is also responsible for the disposal of the materials used to clean up
the spills that occur during the transfer operations.
7.1.2 No services under this agreement shall be subcontracted without the written
consent of the City.
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7.2 Transportation:
7.2.1 The Contractor shall be responsible for the proper transportation of all used fluids
and waste products on a schedule agreed upon by the Contractor and the City, as
well as on an ad hoc needed basis. The Contractor shall be responsible for the
proper maintenance of their licensed transportation and transferring systems.
7.2.2 The Contractor shall follow all local, state and federal laws and regulations
regarding the transportation of hazardous materials and properly maintain all
required documentation of collections of services while under contract with the
City.
7.2.3 All Contractor's employees operating vehicles utilized in the collection,
transportation and disposal of used fluids and waste are required to maintain all
applicable certifications as required by law. Additionally, at any time a
Contractor's employee is on City property and acting in a manner deemed
unacceptable by City standards, the City may request the contractor leave the
City premises and be replaced with an experienced Contractor employee in order
to maintain the safest environment for all workers, as well as maintaining City
property.
7.3 Disposal/Recycling:
7.3.1 The Contractor shall be responsible for the disposal and/or recycling of the used
oil and other waste materials in compliance with all local, state and federal
regulations. The Contractor's disposal/recycling methods shall be approved
and/or registered with Texas Commission on Environmental Quality (TCEQ).
The Contractor shall notify the City of their disposal locations, recycling
methods,re-sales,etc.,as the City is a designated waste generator.
7.4 Supplies:
7.4.1 The Contractor shall provide drums, labels and manifest free of charge to the
City, unless the City chooses to provide their own at certain facilities. The
Contractor should have them available as needed.
7.4.2 The City requests that the firms include in their proposal,the option of providing
Filter Crushers for four(4)of the locations.It is preferred that the Filter Crushers
provided be free standing units.
7.4.3 The Contractor shall be liable for any accidents, spills, leaks, etc., that occur
during the transfer, collection or loading of used fluids, antifreeze, used filters,
drums,etc.
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7.4.4 The Contractor shall carry a cleanup prep kit in their vehicles to handle the
collection clean-up which should consist of, but is not limited to, absorbent pads,
granular sorbent materials, solidifiers, gloves, etc. In the event that the City
supplies the Contractor with spill cleanup products, the Contractor shall
reimburse the City for the cost of the provide materials.
7.5 Documentation:
7.5.1 The Contractor shall provide proper documentation and manifest(s)to the City of
Fort Worth, Property Management Department - Fleet and Code Compliance
Department — Environmental Collection Center (ECC), as per local, state and
federal laws and regulations.
7.5.2 All documentation and manifest(s)shall provide, but not limited to,the following
information: name and physical address of transporter, TCEQ Used Oil Handler
registration number, Environmental Protection Agency (EPA) registration
number, name and physical address of generator, date, amount(s) and type(s) of
waste products removed from designated site, transporter and generator
signatures.
7.6 Training/Certification of Contractor Personnel:
7.6.1 The Contractor shall be able to provide necessary paperwork needed to prove
proper training of personnel transporting used fluids,oil/waste products.
7.6.2 The Contractor shall not sub-contract any part of this agreement out to another
company without mutual written consent by City of Fort Worth personnel. The
authorization of sub-contractors for this agreement is limited to the following
positions: - Property Management Department - Assistant Director, Property
Management - Senior Contract Compliance Specialist, and Code Compliance
Assistant Director. This authorization must be formally documented. Verbal
authorizations are not permitted.
7.7 Material(s)Collection Information:
7.7.1 Used Oil/Fluids:
7.7.1.1 The Contractor shall accept in the tanks for used motor oil the following
fluids: uncontaminated used motor oil, kerosene, transmission fluid,
power steering fluid, gear oil, hydraulic oil, diesel fuel, heating oil (fuel
oils#2,and#4),and other uncontaminated fluids of City's choosing.
7.7.1.2 Uncontaminated used oil shall be defined as used fluids with less than
five percent(5%)water or contaminants.
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7.7.1.3 Antifreeze, and motor oil containing no chlorinated solvents; other
potential contaminants shall be discussed between the Contractor and
City on a case-by-case basis.
7.7.1.4 Chlorinated solvents, carburetor cleaner, brake cleaner, transformer oils,
parts cleaning solvents, paint, and paint thinner, gasoline or mixed gas,
or other volatile flammable liquids or hazardous materials shall not be
accepted in the used motor oil tanks.
7.7.1.5 Contractor shall schedule collection of used fluids and other acceptable
fluids from all locations.
7.7.2 Used Oil Filters:
7.7.2.1 Contractor shall collect used oil filters in fifty-five (55) gallon drums
approved by the Department of Transportation (DOT) State /Federal as
applicable.
7.7.2.2 Contractor shall provide initial drums at each collection location.
7.7.2.3 Contractor shall maintain drums for collection of used oil filters in good
and safe conditions and provide repairs and replacements as necessary.
7.7.2.4 The Contractor shall, at its cost, provide an empty replacement drum for
every drum of filters and antifreeze it collects.Additional drums for used
oil, if needed by the City, must also be provided at the City's request at
no charge.
7.7.2.5 Empty replacement drums shall be left at the time of collection of the
drum containing filters, in order to avoid a situation where there is no
collection container at collection site.
7.7.2.6 Contractor shall accept used oil filters typically used on cars and trucks,
including those used on larger trucks and heavy equipment, used diesel
fuel filters,and the residual fluids associated with said filters.
7.7.2.7 The City requests that the contractor include in their proposal,the option
of providing Filter Crushers for three (3) of the locations. It is preferred
that the Filter Crushers provided be free standing units.
7.7.3 Antifreeze:
7.7.3.1 Contractor shall provide and maintain in good repair and safe conditions
tanks for collection of antifreeze at each collection location.
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7.7.3.2 Contractor shall accept in the tanks for antifreeze, the following fluids:
ethylene glycol based antifreeze, propylene glycol based antifreeze,
ethylene glycol based de-icers,and water.
7.7.3.3 An inconsequential amount of motor oil occasionally associated with
antifreeze is also acceptable in the antifreeze tank.
7.7.3.4 Motor oil (other than that described above), chlorinated solvents,
flammable liquids,and other hazardous materials shall not be accepted in
the antifreeze tanks.
7.7.4 Permits and Licenses:
7.7.4.1 The Contractor, at its sole cost and expense, shall maintain throughout
the course of providing service to the City of Fort Worth, all permits,
licenses and approvals necessary or required to perform the requirements
and services described herein,including but not limited to:the collection,
hauling, and disposal or recycling of Used Motor Oil, Used Oil Filters,
Used Antifreeze, and any other service provided under the terms of this
agreement.
7.7.5 Compliance with Laws and Regulations:
7.7.5.1 The Contractor agrees that,in the operation and the performance of work
and services associated with this proposal, their personnel, including all
business conducted while doing business under their Contractor entity,
shall qualify under and comply with any and all federal, state and local
laws and regulations now in effect, or hereafter enacted which are
applicable to Contractor, its employees, agents, if any, with respect to
safety or the work and services described herein
7.7.6 Safety:
7.7.6.1 The Contractor certifies that it has appropriate safety policies in effect,
and takes all reasonable and necessary measures to protect their
employees and the citizens and environment of the City of Fort Worth.
Additionally, the Contractor certifies that its employees are fully
informed of said safety policies.
7.7.6.2 Contractor shall check in with the Supervisor on duty at each City
location upon arrival and prior to commencing services.
7.7.7 Required Submittals:
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Page 16 of 28
7.7.7.1 List the firm's name, address, phone, and person(s) to contact regarding
the proposal.
7.7.7.2 List the Environmental Identification number, the Texas Department of
Transportation number, and the Texas Commission of Environmental
Quality number of the company that transports the oil. Attach a copy of
each certification letter.
7.7.7.3 Include the qualifications and recent experience of the firm and key
personnel.
7.7.7.4 List of references including the name, address, and phone number of the
person closely associated with the firm's prior performance.
7.7.7.5 Firm must be able to commence services immediately after successfully
negotiating a contract for services, and said services within the period
specified after the award of the contract.
7.7.8 City of Fort Worth Collection Centers(Locations are subject to change):
7.7.8.1 PMD,Fleet Division,James Ave. Service Center,5201 James Ave.,Fort
Worth,Texas 76115
7.7.8.2 PMD, Fleet Division, Southside Service Center 4100 Columbus Trail,
Fort Worth,Texas 76133
7.7.8.3 PMD, Fleet Division, Water Service Center, Daggett St. Fort Worth,
Texas 76102
7.7.8.4 PMD,Fleet Division,Body Shop,Daggett St.,Fort Worth,Texas 76111
7.7.8.5 Code Compliance Department, Environmental Collection Center (ECC)
Bridge St.,Fort Worth,Texas.
7.7.8.6 At the City's discretion, additional pick-up locations may be added
during the term(s)of this service agreement. The City shall provide the
contractor sufficient notice to prepare for additional pick-ups.
7.7.9 Response Time:
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7.7.9.1 The Contractor and the City shall coordinate routine collection times and
days. The City shall make efforts to provide a minimum of five (5)
business days' notice to contractor for a collection, however, collection
times and days shall vary depending on location's needs.
7.7.9.2 In the event an emergency pick up is necessary, the Contractor is
required to respond within twenty-four(24) hours of being contacted by
City personnel. In times of inclement weather, the contractor is required
to give the City first right of refusal of services as a preventive measure
to avoid any environmental incidents or dangerous situations. Emergency
events are defined as, but not limited to, inclement weather conditions
and high volume storage capacities.
7.8 Pricing Methodology:
7.8.1 Used Fluids:
7.8.1.1 The City is requesting the firms submit pricing on the proposal
solicitation page for the recycling collection and disposal of used fluids
based on the market index as stated by the United States Department of
Energy. This is the accepted industry costing method nationwide.
Geographically, for the purposes of this RFP, the baseline by which
Contractors should determine their RFP submittal fees at which they
shall invoice or compensate (pay for oil) the City for disposal and/or
collection of the used fluids should be determined by the Gulf Coast
Region Index,#2 Dollar amounts shall be listed in Dollars of the United
States of America,or decimal fractions thereof($)or(USD).
7.8.1.2 The methodology for pricing of the recycled used oil from the City can
be calculated by following the attached matrix listing a sliding scale of
index pricing. This enables the City, in favorable market conditions, to
earn a rebate on quality uncontaminated used fluids by mitigating our
other disposal fees. Additionally, during unfavorable market values, our
costs for the disposal of used oil shall be minimized.
7.8.1.3 Pricing adjusts monthly. The adjusted monthly price shall be established
on a mutually agreed upon set date of the month between the awarded
Contractor and the City within five (5) days of the contract being
awarded. Used fluid payments or disposal fees shall be based on
collections from City of Fort Worth locations.
7.8.1.4 Pricing stated shall be on a sliding scale and averaged with limiting
parameters for this commodity based on the accepted market index.
Those parameters are as follows, ($3.50 per gallon and $0.90 per gallon
respectively.)
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7.8.1.4.1 Should Gulf Coast 42 increase above $3.50 USD/Gallon or
drop below $.090 USD/gallon the parties agree to meet and
renegotiate the agreement.
7.8.1.5 Pricing shall adjust each month based on the two month's prior average
spot closing price of Gulf Coast #2 Index posted on the Department of
Energy's Website:
http://www.eia.doe.gov/dnav/pet/pet_pri_spt-SI—d.htm
7.8.1.6 Payment to the City for the recyclable used fluids shall be made via a
mutually agreed upon method of funds transfer between the awarded
Contractor and the City.
7.8.1.7 Pricing is not provided for oils containing orphaned wastes,
contaminated/non-conforming oil wastes due to halogen, ash or other
hazardous constituent, or oils contaminated with antifreeze or waters
exceeding 5%.
7.8.1.8 The Contractor shall provide the test documents to confirm the
contamination levels of used oil when determining the rejection of used
fluids from the used oil recycling rebate portion of this RFP.
7.8.2 Used Oil Filters:
7.8.2.1 The City shall pay a flat fee by the 55-gallon drum for the disposal of
used (crushed) oil filters. The used oil filters shall be stored by the City
in 55-gallon drums, supplied by the Contractor at no charge to the City,
as required in the RFP specifications. This fee shall be determined as a
straight line item per drum disposal fee. At the initiation of the first term
of the agreement, the Contractor shall supply the City shall ample 55-
gallon drums to begin storing the used (crushed) filters in until
transportation and disposal arrangements are requested.
7.8.3 Antifreeze:
7.8.3.1 The City shall pay a flat fee by the gallon for the disposal of antifreeze.
The antifreeze shall be stored by the City in either City-owned vat
containers or in 55-gallon drums,supplied by the Contractor at no charge
to the City, as required in the RFP specifications. This fee shall be
determined as a straight line item per gallon disposal fee.
7.9 City Requirements:
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7.9.1 The City shall provide a safe working condition for the Contractor to perform all
job duties required in this scope of work.
7.9.2 The City reserves the right to inspection and reject any 55-gallon drums provided
by the Contractor to be used for storage, disposal or transportation of used fluids
and waste at or from City locations.
7.9.3 City personnel shall maintain the City-owned vats and containment storage units
to be emptied by the Contractor in good condition to minimize any potential risk
of leakage. City personnel shall also ensure the integrity and structure of the 55-
gallon drums provided by the Contractor for acceptable used fluids and waste
collection, disposal and transportation, while in the possession of the City. All
safety measures and precautions shall be made to preserve the longevity of the
storage vessels, thus, minimizing the risk of leakage during the collection and
transportation of used fluids and waste by the Contractor.
7.9.4 The City controls access to the container tanks, therefore the Contractor only
may access the collection areas when established appointment times are set
between the Contractor and the City.
7.10 Quantities:
The quantities listed on the proposals solicitation are only estimates based on previous
usage and do not indicate intent to purchase or a guarantee of future business. The City is
obligated to pay for only those materials and services actually ordered by an authorized
City employee providing a purchase order number and a release number and then
received as required and accepted by the City.
7.11 Performance:
Failure of the City to insist in any one or more instances upon performance of any of the
terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the
Contractor(s)'s obligation with respect to such performance shall continue in full force
and effect.
7.12 Complaints:
Complaints processed through the City Purchasing Division are to be corrected within
fourteen (14) days of formal notice of complaint. Written response to the Purchasing
Division is required. Failure to properly resolve complaints within the fourteen (14)
calendar day time period may result in the cancellation of the applicable line item(s) in
the price agreement.
7.13 Unit Price Adjustment:
7.13.1 The City shall allow unit price adjustments upwardly or downwardly when
correlated with an industry wide adjustment. Any request for reasonable price
adjustments shall be considered; however,justification for the requested pricing
RFP NO.17-0350.USED OIL AND ANTIFREEZE DISPOSAL
Page 20 of 28
adjustment based on the industry market value shall have mutual consent from
both parties and be supported by appropriate documentation with each submittal
of collected fluids and waste. Documentation reflecting the current market value
of used oil must be submitted with the Contractor's manifest and payment receipt
or invoice for services rendered based on the day the waste was collected.
7.13.2 The methodology for pricing of the recycled used oil from the City shall be
calculated by following the "Price Adjustment Index Table (PAIT)" matrix
listing a sliding scale of index pricing with parameters of $3.50 to $0.90 per
gallon. This enables the City, in favorable market conditions, to earn a rebate on
quality, uncontaminated used fluids by mitigating our other disposal fees.
Additionally, during unfavorable market values, our costs for disposal of used
fluids shall be minimized.
7.13.2.1 Pricing shall adjust each month based on the two month's prior average
spot closing price of Gulf Coast#2 Index posted on the Department of
Energy's Website:
(http://www.eia.doe.jzov/dnav/pgt/pet pri so sl d.htm).
7.13.2.2 Should Gulf Coast#2 increase above$3.50 USD/Gallon or drop below
$.090 USD/gallon the parties agree to meet and renegotiate the
agreement.
7.13.3 Rate (dollar amount) into the `Zone 2 Rate' (column "c" in the PAIT) which
signifies the price agreed to either(1) `Charge for Oil' the disposal fee, (2) `Pay
for Oil' to the City as a rebate/sale for recycling or break even and collect at (3)
`No Charge'. The Zone 2 "CFO/PFO/NC" (column "d" in the PAIT) which
signifies their breakpoints for disposal fees, rebate/recycle payments to the City
or no charge services.
7.13.4 It is understood in the market industry and for purposes of defining breakpoints
on this RFP,that the average Index Rate is determined by the following formula:
7.13.4.1 Index Rate in US Dollars (column"a" in the PAIT )= Add the prior
two (2) Months Average Spot Closing Price on Gulf Coast #2 Index
and Divide by two(2)
7.13.4.2 The Index Rate in US Dollars shall be round up or down to the nearest
tenth of a decimal point. It is accepted and given that any value at or
above 0.50 be rounded upward. (The common industry practice for
used fluid rebate programs is to round the Index to the tenth when
dealing with monetary funds to minimize the administrative paperwork
associated with fluctuating Indexes.)
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7.13.5 Used fluid payments or disposal fees shall be based on collections from City of
Fort Worth locations and averaged based on the prior two (2) months average
spot closing.
7.14 Invoices:
7.14.1 All invoices should be submitted directly to the requesting department. It is the
responsibility of the Contractor(s) to get the name of the responsible person,
telephone numbers and address of the department at the time the service is
requested. The requesting department is required to issue a release purchase
order number to the Contractor(s)during the process.
7.14.2 A properly prepared invoice shall be typewritten or computer printed and shall
include the Contractor(s)'s name and federal tax identification number, invoice
number, address, date, service or item description, unit price, extended cost, City
issued purchase order and release number.Incomplete or inaccurate invoices may
result in delayed payments, as they shall be returned to the Contractor(s) for
correction and re-submittal. All freight costs shall be included in the unit prices
proposals. The City of Fort Worth shall not pay shipping costs, off-loading or
handling charges associated with orders.
7.14.3 All invoices shall include a written description of the work performed and the
dates when the work was performed. Hourly rates for field work shall commence
from the time the Contractor(s) arrives on site and continue until the
Contractor(s) departs the site. The Contractor(s)'s employee(s) shall inform the
City when he/she arrives on site and report his/her hours worked though
completion of a work summary sheet. Where appropriate, invoices shall
include mileage required for pickup and delivery of equipment. Depending on
the work performed, City may hold invoices until required reports are received
by the City.
7.14.3.1 Hourly rates shall be invoiced to the nearest 1/4 hour.
7.15 Subcontracting:
No subcontracting of the work under this Agreement shall be allowed without written
permission from the Purchasing Manager.
7.16 Safety:
The Contractor(s) shall be responsible for meeting all Federal: laws, ordinances and
regulations; State: laws, ordinance and regulations; County: laws, ordinances and
regulations; and City: laws, ordinances, and regulations for safety of people,
environment, and property. This includes, but is not limited to, all licenses, all Federal,
State, County, and City Agencies, Administrations and Commissions such as the
Environmental Protection Agency (EPA), Occupational Safety and Health
Administration(OSHA),and the Texas Commission on Environmental Quality(TCEQ).
RFP NO.17-0350,USED OIL AND ANTIFREEZE DISPOSAL
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7.17 Hazardous Conditions:
The Contractor(s) is required to notify the City immediately of any hazardous conditions
and/or damage to City property.
7.18 Contract Administration:
7.18.1 Contract administration shall be performed by the PMD. In the event the
Contractor(s) fails to perform according to the terms of the agreement, The
Department head or his/her designee shall notify the Contractor(s), in writing, of
its failures. A meeting may be arranged to discuss the Contractor(s)'s
deficiencies. A written cure notice may be prepared giving the Contractor(s) 14
calendar days to cure any deficiency.
7.18.2 In the event the Contractor(s) continues with unsatisfactory performance, the
department shall promptly notify the Purchasing Manager who shall take
appropriate action to cure the performance problem(s), which could include
cancellation, termination for convenience or default. If the agreement is
terminated for default,the Contractor(s)may be held liable for excess cost and/or
liquidated damages.
7.18.3 The Contractor(s) shall be paid only those sums due and owing under the
agreement for services satisfactorily rendered, subject to offset for damages and
other amounts which are,or which may become,due and owing to the City.
7.18.4 The City reserves the right to terminate this agreement, or any part hereof, for its
sole convenience. In the event of such termination, the Contractor(s) shall
immediately stop all work hereunder and shall immediately cause any and all of
its suppliers and subContractor(s) to cease work. Subject to the terms of this
agreement, the Contractor(s) shall be paid a percentage of the agreement price
reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Contractor(s) can demonstrate to the
satisfaction of the City using its standard record keeping system, have resulted
from the termination. However, in no event shall the total of all amounts paid to
the Contractor(s) exceed the agreement price. The Contractor(s) shall not be
reimbursed for any profits which may have been anticipated, but which have not
been earned up to the date of termination.
7.19 Option to Extend/Renew the Term of the Agreement:
7.19.1 The term of the agreement shall be for a period of three(3)years,with options to
renew for an additional two year terms. The City may extend the term of this
agreement by written notice to the Contractor(s) within 30 calendar days;
provided, the City gives the Contractor(s) a preliminary written notice of its
intent to extend at least 60 calendar days before the agreement expires, and the
renewal/extension is mutually agreed upon by both parties to the agreement.
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7.19.2 The preliminary notice does not commit the City to an extension. If the City
exercises this option, the extended agreement shall be considered to include this
option clause.
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Page 24 of 28
EXHIBIT A
ADDENDUM 1
Questions raised by Proposers and Clarification from City:
(1) Line#3 of the Price Proposal Table lists"Used Oil Filters and Absorbents(per 55 gal drum
flammable/solids disposal)".Are the used oil filters and absorbents truly `flammable' under EPA
guidelines or would the City like to reword the RFP?
Technical,yes.This is because we collect for disposal absorbents used during the repair of fuel
pumps,etc.,thus making them flammable. However,we understand proposers desire to use non-
placarded trucks for disposal of non-hazardous materials(motor oil and brake fluid),and we will
separate the used oils and absorbents into separate drums.
(2) Line#4 of the Price Proposal Table lists"Used Oil Filters and Absorbents(per 55 gal drum
solvents/materials disposal)".Will the solvents that are added to the oil filters and absorbents
cause them to be `hazardous' under EPA guidelines?
The oil filters and the absorbents will be collected and disposed of in separate 55-gallon drums.
Even though motor oil and brake fluid are considered non-hazardous.
(3) Can the oil filters and absorbents be collected in separate drums?
Yes,the oil filters and the absorbents will be collected and disposed of in separate 55-gallon
drums.For the ECC collection,approximately 60 drums are collected for oil filters and 70 drums
collected by Fleet Service Centers.
(4) Propylene glycol isn't typically"antifreeze"and ethylene glycol isn't typically"de-icer".Does
this need to be reworded?
No,these materials are considered standard ingredients in anti-freeze industry-wide.
(5) Propylene glycol is expensive to dispose of.What approximate percentage of the total antifreeze
gallons is propylene glycol?
Less than 2%of our antifreeze collected is Propylene Glycol.The remaining is Ethylene Glycol.
However,these two can co-mingle in drums per guidelines.Example: (Preston antifreeze.)
(6) What type,size,and quantity of tanks for used antifreeze are included in the RFP?
At the ECC we collect and store in a 400 gallon tank. When that is close to overflow,it is stored
in 55-gallon drums. On any given scheduled pick-up from vendor,there will be between 200—
600 gallons to be transported and disposed of.
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EXHIBIT B
PAYMENT SCHEDULE
I Price:
Unit prices shall include all associated costs, not limited to delivery, fuel and handling
charges.No additional charges will be accepted or paid by the City.
Item Class-Item Unit Unit Price
1. Antifreeze GAL* $0.50
2a. Used Oil—Recyclable GAL* See Price Index below
Used Oil/Fluids-disposal only GAL* See Price Index below
2b. (contaminated greater than 5%)
Used Crushed Oil/Fluid Filters— DR** $25.00
3a. potentially contains flammable materials
Used Crushed Oil Filters—solid(s) DR** $25.00
3b. materials-solvents
4. Used Oil/Fluid solid materials DR** N/A.
TOTAL
Note: * GAL - Per gallon. Unit of Measure: gallon (ea.) - set per fee/ over stored in 55-
gallon drums when vats at capacity
** DR- 55 gallon drum
2 Price Adjustments Tabulation:
Rate(dollar amount) in the `Zone 2 Rate' (column"c"in the PAIT)which signifies the price
agreed to either (1) `Charge for Oil' the disposal fee, (2) `Pay for Oil' to the City as a
rebate/sale for recycling or break even and collect at (3) `No Charge'. In the Zone 2
"CFO/PFO/NC" (column "d" in the PAIT) which signifies breakpoints for disposal fees,
rebate/recycle payments to the City or no charge services.
Price Adjustment Index Table(PAIT):
Gull'Coast P2 Index Zone 2 *Notes:
(t_I5t)) ( cr ual lon) _ CFO—Charge for Oil Contractor
Rate Currency- rcRate CFO/PFO/NC* charges City at the rate stated in
<: b c d column"c"for collection of Oil.
53.70 USD $0.50 PFO
$3.40 USD $0.45 PFO PFO-Pay for Oil.
$3.30 USD $0.45 PFO Contractor pays to City at the rate
$3.20 USD $0.40 PFO stated in column"c"for collection
$3.10 USD $0.40 PFO of Oil.
$3.00 USD $0.35 PFO
$2.90 USD $0.35 PFO NC-No Charge
$2.80 USD $0.30 PFO Contractor neither charges nor pays
$2.70 USD $0.30 PFO City for collection of Oil. In this
$2.60 USD $0.25 PFO case,column"c"shall be
considered as$0.00
RFP NO.17-0350,USED OIL AND ANTIFREEZE DISPOSAL
Page 26 of 28
Gulf Coast#2 Index Zone 2
(USD) (pergallon)
Rate Currency Rate CFO/PFOINC*
$2.50 USD $0.25 PFO
$2.40 USD $0.20 PFO
$2.30 USD $0.20 PFO
$2.20 USD $0.15 PFO
$2.10 USD $0.15 PFO
$2.00 USD $0.10 PFO
$1.90 USD $0.10 PFO
$1.80 USD $0.05 PFO
$1.70 USD $0.05 PFO
$1.60 USD $0.00 NC
$1.50 USD $0.10 CFO
$1.40 USD $0.15 CFO
$1.30 USD $0.20 CFO
$1.20 USD $0.25 CFO
$1.10 USD $0.30 CFO
$1.00 USD $0.35 CFO
$.90 USD $0.40 CFO
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EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Company Name: Safety-Kleen Systems,Inc.
Address: 2600 North Central Expressway, Sutie 400
City,State,Zip Code: Richardson,Texas 75080
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind the Company and to execute any agreement,
amendment or change order on behalf of Company. Such binding authority has been granted by proper
order, resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the
warranty and representation set forth in this Form in entering into any agreement or amendment with
Company. Company will submit an updated Form within ten(10) business days if there are any changes
to the signatory authority. The City is entitled to rely on any current executed Form until it receives a
revised Form that has been properly executed by the Company.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: istopher F ks
Signature o President/CEO
Other Title: Senior Vice President
Date: 01<s71---?
RFP NO.17-0350.USED OIL AND ANTIFREEZE DISPOSAL
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P
City of Fort Worth, Texas
Mayor and Council Communication
ccau�c� ACT a 0 �y r512o
DATE: Tuesday, December 5, 2017 REFERENCE NO.: **P-12129
LOG NAME: 13P17-0350 USED OIL DISPOSAL JPB PMD
SUBJECT:
Authorize Execution of Agreement with Safety-Kleen Systems, Inc., for the Disposal of Used Oil and
Antifreeze for an Annual Amount Up to $40,000.00 with an Initial Three-Year Term (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Agreement with Safety-Kleen Systems,
Inc., for the disposal of used oil and antifreeze for an annual amount up to $40,000.00 with an initial three-
year term and one two-year option to renew, including a provision which may allow the Agreement to
generate revenue for the City in favorable market conditions.
DISCUSSION:
The Fleet Division of the Property Management Department and Code Compliance Department will use
this Agreement for the collection, transportation, storage and disposal of used automotive oil, used oil
filters, used antifreeze and related items resulting from the City's Fleet Maintenance Shops and
Environmental Collection Centers. In order to procure these services, Staff issued a Request for Proposal
(RFP)to seven proposers.
The RFP was advertised in the Fort Worth Star-Telegram on July 12, 2017, July 19, 2017, July 26, 2017,
August 2, 2017 and August 9, 2017. The City received three proposals.
Staff recommends awarding a three-year contract to Safety-Kleen Systems, Inc., with a two-year option to
renew. No guarantee was made that a specific amount of these services would be purchased. The bid
amount for annual services is $21,200.00; an additional $18,800.00 is requested to provide future
quantities and to allow for price adjustments. A portion of the pricing is based on the two month's prior
average spot closing price of Gulf Coast No. 2 Index as posted on the Department of Energy's website. In
favorable market conditions, the Agreement may generate revenue for the City.
In addition, an administrative change order or increase may be made by the City Manager in the amount
up to $10,000.00 and does not require specific City Council approval as long as sufficient funds have been
appropriated.
The services required by this Agreement are different than those in previous agreements. Therefore,
there is no direct relationship to compare the unit prices. Staff reviewed the pricing and found pricing to
be fair and reasonable.
A waiver of the goal for MBE/SBE subcontracting requirements was not requested by the Purchasing
Division since, the award value is not more than $50,000.00.
Logname: 13P17-0350 USED OIL DISPOSAL JPB PMD Page I of 2
Upon City Council approval, these Agreements shall begin upon execution of the Agreement and shall
end one year from that date.
FISCAL INFORMATION /CERTIFICATION:
The approval of this action provides purchasing authority annually up to $40,000.00, as specified. The
Director of Finance certifies that funds are available in the current operating budgets, as appropriated, of
the participating departments and that prior to an expenditure being made, the participating department
has the responsibility to validate the availability of funds.
BQN\17-0350\JPB
FUND IDENTIFIERS (FIDs):
TO __
Fund Department AccountProject iProgram ctivity Budget Reference # �moun
ID i ; ID j Year (Chartfield 2)
FROM
Fund! Department ccount Project Program ctivity Budget` Reference # moun
ID ID Year (Chartfield 2�
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Aaron Bovos (8517)
Cynthia B. Garcia (8525)
Additional Information Contact: John Padinjaravila Baby (2279)
ATTACHMENTS
i i-uoau rurm 1295.pdf (Public)
_. 17-0350 Requisition PROPM-17-00388246.pdf (CFW Internal)
3. SAMs report 11.8.17.pdf (CFW Intemal)
Logname: 13P17-0350 USED OIL DISPOSAL JPB PMD Page 2 of 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
7-7
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. 2017-252859
Safety-Kleen Systems, Inc.
Richardson,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 08/22/2017
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.
RFP 17-350
Used Oil and Antifreeze
Nature of interest
4
Name of Interested Parry City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear,or affirm,under nalry of perjury,that the above disclosure is true and correct.
+P�� JUTTIE MATTOX
Notary 10 # 4505093 �
My Commission Expires -`
March 14,2018I X Signa re of aut orized agent of contracting business entity
AFFIX NOTARY STAMP SEAL ABOVE /
Sworn to and subscribed before me,by the said CGr1 L �g A—, this the c2:P day of ouk
20_Ly _,to certify which,witness my hand and seal of office.
7i e /"lA 7-T0 PC. A rYq , .
Signa e of officer administering oat Printed name of officer administering oaih Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337