HomeMy WebLinkAboutContract 47960-R2 CSC No.
CITY OF FORT WORTH
CONTRACT RENEWAL NOTICE CITYSECRUARY1 G
7/27/19 CONTRACT N0.,
Cold Springs Processing
PO BOX 1823
FORT WORTH,TX 76101
Attention:Gary Beavers
gary@coldspringsprocessing.coin
Re: NOTICE OF CONTRACT RENEWAL
Waste Disposal From Jetter and Vactor Trucks
Contract No.CSC No.47960-R2(the"Contract')
Renewal Term No.2:July 12.2018 to July 11,2019
The above referenced Contract will expire on July 11,2018. Pursuant to the Contract, contract renewals are at the sole option of the
City. This letter is to inform you that the City is exercising its right to renew CSC No.47960 for an additional one year period,which
will begin immediately upon the.expiration of the current term and will end on July It,2019.All other terms and conditions of CSC
No. 47960 remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance
certificate,to the address set forth below,acknowledging receipt of the Notice of Contract Renewal.
Please log onto BuySpeed Online at httn:f;fort worth tcxas.zoviour•chasin-,to insure that your company information is correct and up-to-
date.
If you have any questions concerning this Contract Renewal Notice,please contact me at the telephone number listed below.
Sincerely yours,
Dennis Hunter,Assistant Parts/Materials Supervisor
Field Operations,Water Department
817-392-5028-Direct
I hereby acknowledge receipt of the Contract Renewal Notice for CSC No.47960-R-7 for a one year period ending o Jule 11.2019.
�: 7_ -71-1 F FoRr
By: ` Cly �c l'c'�>' ( d`r.mg, Date:
Printed Na&and Title /� , O
ature �k _
CITY OF FO WORTH: ATTEST
Jesus Chapa, Assistant City Manager Ma+y r,City Secretary
Date: ' . "eystellls
M&C No. P-11872
RECOMMENDED BY. Billntertdent. Jate Depart+nent
CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that 1 am the Person responsible monitoring and
administration of this contract, including ensuring all p°rformance and reporting requirents.
O"ICIAL MCDRD
Name of Employee �— _ CITY$10"TARY
WORTH,im
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT ��
_
COUNCIL ACTION: Approved on 5/17/2016
REFERENCE 13P16-0094 WASTE ..._._.�__
DATE: 5/17/2016 NO.: **P-1 1872 LOG NAME: DISPOSAL SERVICE CC
WATER
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
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.
M/WBE -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 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.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22196&councildate=5/17/2016 8/2/2018
M&C Review Page 2 of 2
FISCAL INFORMATIONXERTIFICATION:
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
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
I ID Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Jack Dale (8357)
Cristina Camarillo (8355)
ATTACHMENTS
Form 1295.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22196&councildate=5/17/2016 8/2/2018
CITY SECRETAW
CONTRACT NO. ,--
�L (�• C`
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.
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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.
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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 was 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.
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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).
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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:
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
This contract has been executed by on this dayQl� _2016.
City of Fort Worth kowtown Processing & Disposal, Inc.
d/b/a Cold Springs Processing
Jesus J.Chapa By-1711mu ,C Assistant City City Manager Pre ' nt"®rice President
APPROVED AS TO FORM WITNESS:
hrista opez-Re nolds
Sr.Assistant City Attorney
Name:
ContraC--T—:lt 6ri ation Title:
5 r 1 1 •�� lC F0
Date
ATTEST: RPORATE SEAL:
Malty Kayser, iQ9,kialf
JetterNactorTruck Waste Disposal 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
JefterNactorfnmk Waste Disposal Page 14 of 14