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Home My WebLink AboutContract 52747 CITY SECRETARY RECEIVED CONTRACT NO. F2 SEP 10 2019 MY OF FORT W nTH G1IYSECRE7ARY CONTRACTOR SERVICES AGREEMENT ANAEROBIC DIGESTER CLEANING AND SOLIDS DISPOSAL ITB No. 19-0128 This CONTRACTOR SERVICES AGREEMENT("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Syna�ro_ of Texas-CDR, Inc,_ ("Contractor"), an entity authorized to perform work in Texas, acting by and through its duly authorized Area Manager.This Agreement shall be effective as of the Effective Date established herein. AGREEMENT DOCUMENTS: The additional documents comprising this Contractor Services Agreement shall include the following: 1. Attachment A---The City's Invitation to Bid("ITB"),as modified; 2. Attachment B—Contractor's Response to ITB; 3. Attachment C—Verification of Signature Authority Form. Attachments A, B and C, are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments A or B and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES Contractor hereby agrees to provide Anaerobic Digester CIeaning and Solids Disposal Services for the City of Fort Worth Water Department as per Attachments A and B which more specifically describe the services to be provided hereunder. 2. TERM This Agreement is effective as of the date subscribed below by the City's designated Assistant City Manager ("Effective Date") and shall expire one calendar year therefrom ("Expiration Date"). The City shall have the sole option to renew the Agreement, with Contractor's concurrence, under the same terms and conditions for up to five(5)one-year renewal periods("Renewal Period").Each renewal period is subject to funding availability. City will provide Contractor with notice of intent to renew at least 60 days before the Expiration Date of the Agreement or any Renewal Period. 3. COMPENSATION City shall pay Contractor in accordance with the provisions of this Agreement and Attachment B. The annual contract amount under this Agreement, per term, shall be, an amount up to $500,000.00 ("Contract Amount").The Contract Amount shall not change in any subsequent renewal period,except as provided in the ITB. Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION/CANCELLATION ITB 19-8128 Anaeroblc Digester Gleaning and Solids Disposal P age e 9 of 10 Contractor Services Agreement CIAL RECORD CITY SECRETARY WORTH, TX Termination: The City reserves the right to terminate this agreement, or any part hereof, with or without cause, for its sole convenience. The City shall deliver to Contractor a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. The Contractor 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 can demonstrate to the reasonable satisfaction of the City, incurred as a result of the termination. In no event shall the total of all amounts paid to the Contractor under this section exceed the price stated in the Agreement. The Contractor shall not be reimbursed for any profit which may have been anticipated, but which have not been earned up to the date of termination. Cancellation: City shall have the sole right to cancel this contract prior to the commencement of work should there be a change in the need for the product or services as detetlnined by the Department Head or hislher Assistant City Manager. Non Apptopriatioa of Funds: In the event no funds of insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then City will immediately notify Contractor of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to City of any kind whatsoever,except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. S. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INI+ORMATION Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. Confidential Information. Contractor,for itself and its officers,agents and employees,agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City Information in any way. Contractor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. ITB 19-0128 Anaerobic Dlgestor Cleaning and Solids Disposal Page 2 of 10 Contractor Services Agreement 6. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as an agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractor. 7. LIABILITYY AND INDEMNIFICATION LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANY FIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSIONS), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) ANNOR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THISAGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8. ASSIGNMENT Contractor shall not assign any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9. INSURANCE AND BONDING Contractor shall provide City with certificate(s) of insurance documenting policies of the types and minimum coverage limits and performance and/or payment bonds (if required) each to be in effect prior to eomniencement of any work pursuant to this Agreement as provided for in Attachment A. 10. COMPLUNCE WITH LAWS ORDINANCES RULES AND REGULATIONS ITB 19-0128 Anaerobic Digester Cleaning and Solids Disposal Page 3 of 10 Contractor Services Agreement Contractor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal,state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations as set forth in Attachment A. if City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. 11. NON-DISCRIMINATION COVENANT Contractor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, including Chapter 17, Article 111, Division 3 of the Fort Wofh Code, IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 12. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by electronic means with electronic confirmation of the transmission,or(3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To CONTRACTOR: City of Fort Worth Synagro of Texas-CDR,Inc. Attn:Russell Redder,P.E. Attn: Gary Gibson 4500 Wilma Ln. 435 Williams Ct,Ste. 100 Arlington,TX 76012 Baltimore,MD 21220 Email: Russell..redder@fortworthtexas.gov Phone: (281)967-1325 Phone* (817)392-4970 Facsimile:(443)489-9042 Facsimile: (817)392-8654 Email: ggibson@synagro.cotn With copy to Fort Worth City Attorney's Office at same address 1.3. SOLICITATION OF EMPLOYEES Neither City nor Contractor shall,during the ternn of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent Contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who independently responds to a general solicitation of advertisement of employment by either party. 14. GOVERNMENTAL POWERS IT1319-0128 Anaerobic Digester Cleaning and solids Disposal Page 4 of 10 Contractor Servlcos Agreement It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 15, NO WAIVER The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW/VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity,is brought pursuant to this Agreement,venue for such action shall lie iin state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Tort Worth Division. 17. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to,acts of the public enemy,fires,strikes,lockouts,natural disasters,wars,riots,(material or labor restrictions by any governmental authority and/or any other similar causes. 19. AMENDMENTS/MODIFICATIONS/EXTENSIONS No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 20. ENTIRETY OF AGREEMENT This Agreement, including its attachments and exhibits, contains the entire understanding and agreement between City and Contractor, their respective assigns and successors-in-interest, as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 21. WARRANTY Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards, Contractor 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. Additional specific warranty provision are found in Attachment A. ITH 10-0128 Anaerobic Digester Cleaning and Solida Disposal Page 5 of 10 Contractor Services Agreement City shall give written notice of a breach of any warranty within thirty (30) days from the date that the cause for same is discovered. 22. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, 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 if Chapter 2270,Texas Government Code applies, Contractor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 23. 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, 24. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 25. REVIEW OF COUNSEL The.parties acknowledge that each party and its counsel have had an opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or its attachments. 26. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 27. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute tl-kis Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto,may be executed by any authorized representative of Contractor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as ITB 19-0.928 Anaerobic digester Cleaning and Solids Disposal Page 8 of 40 Contractor Services Agreement Attachment C.Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. ACCORDINGLY, the parties hereto have duly executed this Agreement and established the Effective Date as being the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH: CONTRACTOR: f By: YA"] By. Name: Dana Bu g doff Name. E tzabetit Grant Title: Assistanl ity Manager Title: Assistant Secretary Date: Date: J f! l Q � �� }, APPROVAL RECO1 EIJENDED: B `�� ,Q r Name:Christopher Harder Title:Water Department irP or ATTEST: 1 t . By. Tv I Na e: Mat ] a ser ,_, -' Title: City Sedretary APPROVED O ORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that 1 ain the person By: responsible for the monitoring and Name.—Douglas.ouglas W Black adaxiinistration of this contract,including Title: Sr.Assistant City Attorney ensuring all performance and reporting CONTRACT AUTHORIZATION: requirements. M&C: i Date: 1,01 1295# By: Name: Title: S OFFICIAL.RECORD lTB 18-0128 Anaerobic Digester Cleaning and Solids Disposal P e 77 ff 10 Contractor Services Agreement CITY SECRETARY FT. WORT",U ATTACHMENT A ITB (Inserted behind this page as modified) ITB 19-0128 Anaerobic Digester Cleaning and Solids Disposal Page 8 of 10 Contractor Services Agreement ATTACHMENT A FORTWORTH., iTB Cover Sheet CITY OF FORT WORTH 1 PURCHASING DIVISION INVITATION TO BID NO. 19-0128 ANAEROBIC DIGESTER CLEANING BID CLOSING DATE: May 23, 2019 For further information contact: Steven Rathers, Buyer FAX(817) 392-8440; email FMSPurchasingRes onses(&fortworthtexas.gov Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original, one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., May 23, 2019, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier(i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No.19-0128,Anaerobic Digester Cleaning"AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at anytime prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terrns, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date. By signing below, I certify that I have read the attached Terms and Conditions, Instruction to Bidders and the Bid requirements and have agreed to all of the terms, conditions and requirements contained herein. Failure to complete the requested information below will result in re'ection of your bid. Company Name and Address: Federal ID Number(TIN): Company's Authorized Agent Name and Title Signature: Date: Telephone Number: Email address: Fax Number: Cooperative Purchasing: Should other Governmental entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing shall apply(see section 11)? Yes No Pre-Bid Conference: No Pre-Bid Conference Contents: Part—I : Bid Solicitation/Offer ® Part--II : Instruction to Bidders ® Part—III : Scope of Services/Specifications See modified Part IV attached • Part—V :Attachments hereto 19-0128 Anaerobic Digester Cleaning Page 1 Page 1 of 1 BID SOLICITATION Printed: 0411712019 BID OPEWNG DATE AND TIME- 5116120'19 1,30,00 PM BID NUMBER: 19-012B BUYER:Steven Rathers PHONE#: (817)392-2057 DELIVERY REQUIRED:5/23/2019 V Vendor Name: S City of Ft Worth E II N Address: I PURCHASING DIVISION D P LOWER LEVEL CITY HALL ri City,State Zip Code: FORT WORTH TX 76102 R T Item Class-Item Quantity Unit Unit Price Total 1.000 The City of Fort Worth is seeking bids from qualified bidders for an annual Agreement for Anaerobic Digesters and Biosolids Disposal Services for the Water Department.The Agreement will be for one(1),one-year period with options to renew for up to(5)additional one-year periods.All items shall be bid per attached specifications. 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.Quantity in Item 2.0 is estimated from previous projects.Payment will be made for actual quantities removed from digester(s). 2.000 Mobilization and demobilization of all equipment,services and personnel 1 EA needed to complete material removal 3.000 Removal of all material from digester,dewatering of removed material 400 TON using equipment provided by contractor and transporting all dewatered material to an appropriate landfill and disposal 4.000 Additive alternative for mobilization of additional pumping equipment if a DAY contractor is required to pump down digester below side hatch 5.000 Additive alternative for mobilizing to each subsequent digester,if funds are 1 EA available,following the completion of the first digester cleaning TOTAL: WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: COMPANY: DELIVERY: SIGNATURE: TELEPHONE NUMBER: NAME AND TITLE: 19-0128 Anaerobic Digester Cleaning Page 2 PART-II INSTRUCTION TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at(817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the Minority and Women Business Enterprise (M1WBE) Office, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BID CONFERENCE NONE. 4.0 PREPARATION OF BIDS Each Bidder must furnish all information required by a Solicitation on the documents provided. Bids submitted on other than the forms included in the Solicitation shall be considered non- responsive. Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder 19-0128 Anaerobic Digester Cleaning Page 3 should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 4.2 Brand Name or Equal: If the Solicitation indicates brand name or"equal"products are acceptable, the Bidder may offer an"equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 4.4 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price, with the goads delivered to the place specified, at the Bidder's expense and risk, and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.6.2 Pricing shall be entered on the Bid Sheet in ink. 4.5.3 Totals shall be entered in the"Total Price"column of the Bid Sheet. 4.5.4 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5.5 Prices shall be offered in the Dollars of the United States of America(or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: if a bid security is required for this purchase, the requirement will be reflected in the"Specification" section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted, and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. 4.8 Alternate Bids: Bidders may offer an"equal"product as an alternate bid. Final "approved equal" determination remains with the City. 19-0128 Anaerobic Digester Cleaning Page 4 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 4.92 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 4.9.3 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 4.10 Bid Preparation Costs:All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 4.11 Payments: All payment terms shall be"Net 30 Days" unless otherwise specified in the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at htti3://www.fortworthgov.oLg/purchasing/, click on "Automated Clearing House Setup" 5.0 SUBMISSION OF BIDS 5.1 Bid document: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy in flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 5.2 Documents required with Bid: The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The completed and signed first page of this document; 52.2 The Price Offer in Bid Solicitation Sheet(s); and 5.2.3 Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date and Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name, address, the Solicitation number, and the Due Date and time. 5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder. Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 19-0128 Anaerobic Digester Cleaning Page 5 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted,with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none"award may be considered if a single award is advantageous. 8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of Services/Specifications 8.3 Acceptance of Bid:Acceptance of a Bid will be in the form of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 8.4 Reservations: The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8A2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified in the Solicitation,when most advantageous to the City; 8.4.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all Bids; 8.4.9 Reissue a Solicitation; 8.4.10 Procure any item by other means; and/or 19-0128 Anaerobic Digester Cleaning Page 6 8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are required, the successful Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 9.3 Minority Business Enterprise(MBE) Documents: If an MBE goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within two(2) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 9.4 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows, or should have known, of the facts relating to the proposed action or award. 10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, and email or in person meetings with the protesting vendor. 10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Purchasing Manager and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the vendor does not agree, the protesting vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting vendor will be instructed to arrive prior to 19-0128 Anaerobic Digester Cleaning Page 7 the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C) in question. 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: hftp://fortworthtexas.gov/citysecretary/info/default.aspx?id=2914 on the City's website. 11.0 COOPERATIVE PURCHASING 11.1 Should other governmental entities decide to participate in this contract, bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 11.2 If the successful bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own materiallservices as needed 19-0128 Anaerobic Digester Cleaning Page 8 PART -III SCOPE OF SERVICESISPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an Agreement for cleaning anaerobic digesters at Fort Worth Village Creek Water Reclamation Family for the Water Department. The City intends to award one or multiple agreements to provide full coverage of service for the City. The successful bidder(s), known hereafter as "Contractor"P'Vendor." 1.2 This Agreement shall begin on the date stated in Purchase Order("Effective Date") and shall expire on upcoming September 30th, ("Expiration Date"), unless terminated earlier in accordance with this Agreement("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same terms and conditions for up to five (5) one-year renewal periods (October 1 to September 30), unless City or Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor/Vendor. 1.3 Following the award, additional 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 based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the City. 1.5 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. 1.6 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 DETAILED SCOPE OF SERVICESISPECIFICATIONS The Vendor hereby agrees to provide the City with requirements attached hereto and incorporated for all purposes incident to this Agreement in Attachment "G", Scope of Services/Specifications, more specifically describing the services to be provided hereunder. 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP 3.1 The Vendor shall notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter.A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 19-0128 Anaerobic Digester Cleaning Page 9 4-0 64►!M- A A The J -- _ Feq..1_l:_._a. _._J f' lly- -11 J_-_1 [±l_1_ /�_ _1 , but is net limited � 1 1 PFetteettieri es n____y(ERA), t nt Ge - Fh..T..wAr, h.+ C., nF+rl(lU..li4v(T!''C!l) In the _1 _rr__1:.._ _rl__ the staFt efthis : the VeRder ---...:.._J t_ .v_1.....:1 ew .� frdtlumidu @uiJ 5.0 INVOICING REQUIREMENTS 5.1 All invoices should be submitted directly to the requesting department. It is the responsibility of the Vendor to get the name of the responsible person, telephone numbers and address of the department's division at the time the service is requested. 5.2 A properly prepared invoice shall be typewritten or computer printed and shall include the Vendor's name, number and federal tax identification number, invoice number, address, date, service or item description, unit price, extended cost, and City issued purchase order number. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re-submittal. 6.0 UNIT PRICE ADJUSTMENT 6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 6.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 6.3 If the City concludes that the rate increase being requested is exorbitant,the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. 6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 6.5 Prices offered shall be used for bid analysis and forAgreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 6.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the city to re-bid an agreement, not to exceed ninety(90) days. Vendor will be reimbursed for this service at the prior agreement rate(s).Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 19-0128 Anaerobic Digester Cleaning Page 10 6.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 7.0 QUANTITIES 7.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 8.0 INSURANCE REQUIREMENTS 8.1 The Vendor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Vendor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance. 8.1.1 Failure to provide such information within five (5) calendar days may be grounds for Agreement termination. 8.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Vendor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 8.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act(Art. 8308—1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 8.2.2 Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent vendors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 19-0128 Anaerobic Digester Cleaning Page 11 8.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 8.2.4 The Vendor shall furnish the Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services. 8.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day notice of cancellation, material change in coverage, or non-renewal of coverage. 8.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). 9.0 ADDITIONAL INSURANCE REQUIREMENTS 9.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Vendor's insurance policies excepting employer's liability insurance coverage under Vendor's workers' compensation insurance policy. 9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Vendor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Vendor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid#19-0128 200 Texas Street, Fort Worth, Texas 76102 9.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 day notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 9.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 9.5 Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 9.7 Workers' compensation insurance policy(s)covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 9.8 City shall not be responsible for the direct payment of insurance premium costs for Vendor's insurance. 19-0128 Anaerobic Digester Cleaning Page 12 9.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 9.10 While the purchase order is in effect,Vendor shall report, in a timely manner, to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 9.11 Vendor's liability shall not be limited to the specified amounts of insurance required herein. 10.0 PERFORMANCE 10.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 11.0 COMPLAINTS 11.1 Complaints processed through the City Purchasing Division are to be corrected within fourteen (14) days of formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item($) in the price agreement. 12.0 SUBCONTRACTING 12.1 No subcontracting of the work under this Agreement will be allowed without written permission from the City. 13.0 DELIVERY 13.1 Delivery shall be F.O.B. Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid by the City. 13.2 There may be instances when the Vendor may be asked to accelerate delivery of an order(s) due to extenuating circumstances. When this occurs,the Vendor will be expected to provide this service at no additional cost. 13.3 In the event the Vendor is unable to meet the original delivery date(s),the City must be contacted immediately, but prior to the due date, and seek an extension of delivery time. Failure to comply with the delivery terms may be legal grounds for canceling an order(s), or the entire Agreement in accordance with the Termination Clause shown elsewhere in the solicitation. 13A Delivery tickets must include the City's Blanket Order Number and the ordering department's Release Number. 13.5 Delivered items that are determined to be defective or not meeting bid specifications shall be picked up and replaced by the Vendor, or the Vendor's designee, at no cost to the City. If the item (s) are not picked up within one(1)week after notification, the item shall become a donation to the City for disposition. 13.6 Material Safety Data Sheets 19-0128 Anaerobic Digester Cleaning Page 13 13.6.1 A Material Safety Data Sheet(MSDS)for each toxic or hazardous substance or mixture containing such substance, pursuant to Revised Statutes Annotated (RSA) Chapter 277 A(277 A), shall accompany each delivery. Delivery of toxic or hazardous substance or mixtures containing such substance without MSDS sheets shall not be accepted. Delivered containers shall be properly labeled pursuant to RSA 277-A. 13.6.2 Failure to submit the required MSDS sheets and/or label each container in accordance with RSA 277-A, shall place the Vendor in non-compliance and shall result in civil or criminal penalties. The Vendor furnishing substances or mixtures subject to RSA 277-A, is responsible for adhering to and being in compliance with this law. Failure to comply with RSA 277-A, shall result in the cancellation of an order. 14.0 WARRANTY 14.1 The Vendor shall provide a warranty to include at a minimum, but not limited to the following: 14.1.1 In addition to any other warranties in this contract, the Vendor warrants that all work and products supplied under this agreement conforms to the agreement requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Vendor or any supplier at any tier. 14.1.2 Vendor agrees to repair or replace promptly, on a one-for-one basis without additional cost to the City of Fort Worth, any and all defective work and products. The City defines"prompt" repair or replacement to be within twenty-four(24) hours after notification by authorized City personnel. 14.1.3 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. 14.1.4 The Vendor shall remedy at the Vendor's expense any non-conforming or defective products or work. In addition, the Vendor shall remedy at Vendor's expense any damage to real or personal property owned by the City of Fort Worth, when that damage is the result of a defect of products furnished. 14.1.5 The Vendor's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by the City. 14.1.6 The City of Fort Worth shall notify the Vendor, within a reasonable time after the discovery of any failure, defect, or damage. 14.1.7 If the Vendor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City of Fort Worth shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Vendor's expense. 14.1.8 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 14.2 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this contract, the Vendor shall: 14.2.1 Obtain all warranties that would be obtained in normal commercial practice; 14.2.2 Enforce all warranties for the benefit of the City of Fort Worth. 19-0128 Anaerobic Digester Cleaning Page 14 15.0 SAFETY 15.1 The Vendor 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). 16.0 HAZARDOUS CONDITIONS 16.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to City property. 17.0 CONTRACT ADMINISTRATION 17.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 17.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Purchasing Manager who will 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 Vendor may be held liable for excess cost and/or liquidated damages. 17.3 The Vendor will 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. 17.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor 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 Vendor 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 Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 18.0 BIDDERS QUALIFICATIONS 18.1 The following information must be submitted as part of the bid package and shall be supplied in the following order: 18.1.1 Bidder's background, services provided and number of years in business. 18.1.2 Bidders shall provide evidence that they are duly qualified and capable to fulfill and abide by the requirements listed herein with the bid. The bidder shall demonstrate its ability to secure and perform the services within the delivery requirements specified herein. -18.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient resources to fulfill normal City of Fort Worth requirements. 19-0128 Anaerobic Digester Cleaning Page 15 18.1.4 Bidders shall provide a reference list of a minimum of three (3) current customers (comparable in size)who the bidder has recently supplied subject item(s) on a continuing basis over a recent twelve(12) month period. 19.0 METHOD OF AWARD 19.1 Bids will be evaluated based on the lowest responsive and responsible bidder complying with all of the provisions of the solicitation, provided the bid price is reasonable, and it is in the best interest of the City to accept it. 19.1.1 A responsive bidder is defined to be one who submits a completed bid packet within the stated time deadline and in accordance with the bid specification. 19.1.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured. 19.1 Tentative Schedule of Events: ITB Release Date April 30, 2019 Pre-Proposal Conference None Deadline for Questions May 9, 2019at 5:00 PM (Local Time) (Buyer must leave 5:OOPM) Answers Posted May 12, 2019 ITB Due Date May 23, 2019 by 1:30 PM (Local Time) Recommended Vendor Selection May 30, 2019 Mayor and Council Consideration June 18, 2019 20.0 BIDS 20.1 Bidders shall submit the following items with their bid: 20.1.1 A completed and signed original Invitation to Bid (ITB)form; 20.1.2 A completed and signed original Bid Solicitation form; 20.1.3 A completed and signed original Conflict of Interest Questionnaire,Attachment A; 20.1.4 A completed Bidder's Contact Information Form,Attachment B; 20.1.5 A completed Consideration of Location of Bidder's Principal Place of Business, Attachment C, if applicable; 20.1.6 A completed Reference Sheet, Attachment D; 20.1.7 All items listed in Section 18.0, Bidder Qualifications; 20.1.8 Scanned copy of all documents listed in paragraph 20.1 in flash drive. 20.2 Failure to submit the items listed in paragraph 20.1 may be grounds for rejection of a bid as non-responsive to the specifications. 21.0 QUESTIONS 21.1 Questions, explanations or clarifications desired by a Vendor regarding any part of the bid must be requested in writing from the Purchasing Division by 5:00 PM on May 9, 2019 (Instructions: Deadline cannot be less than 8 business days before the closing). Interpretations, corrections or changes to the bid made in any other manner are not binding upon the City, and Vendors shall not rely on such interpretations, corrections or 19-0128 Anaerobic Digester Cleaning Page 16 changes. Oral explanations or instructions given before the award of the Agreement are not binding. 21.2 IN ORDER FOR THE QUESTION TO BE ANSWERED,ALL QUESTIONS MUST BE HAND DELIVERED OR SENT BY E-MAIL TO THE ADDRESS BELOW OR FAXED TO THE TELEPHONE NUMBER BELOW AND MUST BE IDENTIFIED AS LISTED BELOW: 212.1 Hand Delivery must be submitted to Purchasing Division 21.2.2 Email questions to: FMSPurchasingResponses@fortworthtexas.gov Please include the bid number, name of the bid and (Steven Rathers) in the subject line. Please note, if an e-mail confirming receipt of your e-mail is not received within 1 business day, please contact City of Fort Worth Purchasing at 817-392-2462. 21.2.3 Facsimile: (817) 392-8440,Attention: Steven Rathers and Bid NO 19-0128, 19-0128 Anaerobic Digester Cleaning Page 17 See Supplemental Part IV PART-IV attached hereto. CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS 4-4 014FINrTION rn= j*&R The r.:t y er rear. �ni-rl.h lt_ _rcp-__ .-.- ,. .lw e.r,.d -r,-Irr,•�e - �-,�-o:;,e�ls;�ee�s, se�s�+t�io�e es. era�s l„Q bedies OF 11CCIAlITIfIAI /'1C CCI 1 CC7 ' . r•__t__ _(s) entity under a nti,20. ith the Gi!ty _di.r r_rt�rteerah _r by _ .-rrhlis uR •L- 'Y----- 1-+..L�:_ 1_r__Mas•__ �e Gnkr-r GOP& Af—t�(�c,ml�l�rber�l-i�re�5 -..--�--- --��-----� --°---� - �. See �E� r_rn Ann rr_n Annie% Ante,± C. ''lfl'6) it the Gi±.. en a.rett.eet fer a 249 n+nr e e N �N - - r+_- _Ira r\rr:__ rah_ "AG") _ it F-fe-- ±ie-.n May ne+ Inulfr llh. he relee md IES'..11.-.r,J... ....+ r.,...,L.. ee ..±., c.:p Ir.er,tS 9r 'th mg-keG 1 t9 the Qty. L4!'+L!�Trre��1 APr./l 1\IL�T LISQBf?w!A! IwIT�pCCT 1Al!`lIAITDAf'TC BeRtFset tr-. _J:_ _ae.. tL_ __1_ s_ n....__ of any land, G_...-J gwilty theFeef shall theFeby feitfdt his - A_.. of t knowledge, vielititirdt his seefien with the J _ _r_J _r the shalI See,+ieR 4G 1 o�rrvrrTa, new &.4 f Ne-employees e _fN c-oQyefBr-ft effieem, agents, sewants, en de Fs OF Subyeri r_a __J__-., r9.. r.r..--her..I purehere ereder r,r nbere.1 rlrn OF release nherr• ic.,:leel-ht.: Lk BHYeF• TI__ e_lee r+_..___ .+t G &2 Aeee..f-r.se of -.- -r-!-- -.--1 -lelr,:-r,. .8H the nnrl of the Qeller :itha Ht aR SppF9e.eJ _t.. r , Way FesH!t in reiecAer, of edeli,:er.: rei:_:rr� the Sellei_. ee--n± .--Jfe_r en paywteritt. /+A n 1 1 T _hall be _I___l.. ,.. of _ _ L_.- A of A L Sell _J 19-0128 Anaerobic Digester Cleaning Page 18 _J _ _ _hall be final aild A.I11n i 4 0 e , shipments Rat aee ed by r. ekiR@ list. YZ.-9 SHIPMENT I the _ _J_ . _J__ .. ._a:__ _J r IM CThe title @Rd rii.;k ALl1]_QJCI!I'1C 1 I'1CC r _r ih _J_ _Lan _a parr, to o. ej. of Cl (1 13r-,WI IIC Gov T An1m T11 A P.1L_►1_f0 QT A T I A\1 .. • - 1PFem@ht PFePAllowed,and . 1 1_ I-f... __:—L.._ ed se fdMOMMUM the _a _ queted 1 z aL� on all _hell L_ _J a _h'_ aL_ _ ads �� 01 nrr n�n�1 1vcQv The _I___ ef deloveFy shall "Ship li 1 . 44-9 o!r_ur Or.1Aleocr+Tln"1 ._a Ll the � ' SelleF Shall fAf .I ehiaFgv9fee the rrtln t Geller_ lJeriy -__-_ as being 1Rder the _ __L _J _4__ _ _L J_1:..__. I-vaiy es shall the purr-thase--erAe OF GLa • of 1 b:11 the 1 1 1:_ LI_ _h_..IJ be _L_J the waybill when 1 1 _ ' Sellel: shall Maul AFC'ref, PbIFS e6e OFdeF �eF�feleasGGI 4TZr{7ed un L:._ _ nbe made urAtil Shall ;mot the _h_.._ _s_ have L_etted afteF [' 4—L2 SeNer--qh„ll Ret Peder;�E��lse, State 9F rity SalesBuyef all r..__:_L _ exemption J.:r: 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing 19-0128 Anaerobic Digester Cleaning Page 19 business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 14.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. SOFT1:AfAQC 1 1CF-W.-9 M 9 1 0 -ne-4- _s_ a1i_ r.. and any attaehed _- __ _ __ :_---:- _ ram_ "My ___.. __a ..-- -._ _`___ ate:_ __u.. __ ...: j_.. muy _c aI-_ c+_il-r- h-- -,.nr Q..unr r.,n.. rr,.,Li, nnnir�n of+i,e.o..�f+,..nr.. ....,..r.....,1..F...4,....4.�... e 'PFFPeBes. 17.0 WARRANTY AGAINST INFRINGEMENT P Y 17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend,settle or pay shall not apply 19-0128 Anaerobic Digester Cleaning Page 20 if the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with SELLER in doing so. In the event City,for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, SELLER shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give SELLER timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, SELLER shall,at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement, and refund all amounts paid to SELLER by the City, subsequent to which termination City may seek any and all remedies available to City under law. 4-9 wo nr urnoir oonni�r r LL_t _J _IIalf _1..-__ _1. -- ' , 1 suGh J i_.-.v__Ls ass We J _ J J..-:__ LL_ L_-.v _L LL_ f"1�.�L»�L �.�J L at GFe I eted OF FedWsed to -it.-- LL-' (th11 -f the kFird Qt.. T_ the exterit that LL_ 14 '_-1- -Me- _ -1:_..L1e aw, may nett --1 , 1 Buyer,te title and 9wPeF6hiP all Fights, 1 1 bave :R __.. iM11_..1. A.-_J.._a _.. --y t__-:LI_ .Ye is LL We` --J -- 6e H,a H, of 1 4" NEriarnouheFeURdeF nr+r+�ee J L gell -:_ the L - _L eL 1 - the 1 1 email, - eatlert, 19-0128 Anaerobic Digester Cleaning Page 21 n� ^wA1f`C! 1 ATIA\I Of BuyeF shall have the Fight t—A this eekl:aet immediately fOF default en all 9F aRy pRFt . eF _ Ghea __of aL_ a__.v_ h____r :_.L.A:__wai:a -r wneell.-+ie fl :nin adeJ i+iAn to .,Rd n.�4 liar. .,F aRy�..+4.. .-..J:.. ..G,:..L, ' � � TCGRAIILLATIAAI A_ by 1 �PFWIORRNAR" Fir. Sala OF J __J tL_ date . _.h:_h ha ar err. ACCIf`AIRACAIT l i'1G1 Cr_tATIf1A1 Fir ne.. shall be assigned eF delegated fe- mether enfity witheut the express WFO#en GeRsent of Buyer. Ariy G11__ _hall L_ ...L_11.. .._:d a_d t_t_lly :__ .. .._1-__ •�-r- ---feFfflity with r byr Fe reasenable and Reeessary to :l. n ll Firs 1 _I _aft.._ a_d t____r_.. Fir ..gha _hl:_._a:_.__ t _tL__ _fait.. The et limqted i 1 f , BuyeF _ _. a 'L_ :_Lt Ht a_ WRIMR_Id all __yrmerA6 te aRy entity fah ah__ Sell__ if S_u__ : rda l- .e ih!A�111C�G KI_ _I_:_ _ __u __ ..a of a h.. a seRSIdel'atmell in WFmtmA@ and is signed by th8 J p---- 24.9 110Q1 Gi f'ATIQKIC T r _ File__ _tatted _the 1 .__ SelleF shall eeneist - aFtd ens by--the—BuyeF and Seller's Reepal;ee I'd pfepesel (the IS J:\ This A____ Fiit tia intended h.. the parties A—p- A— fi Fit aL_:_ ._J _ Fir ._I_•._ ah•., pt: - `--'---:.__ .__Fit.. -r ._J _ _L'_...' the pegwmaim--- a __ _d__e I be these f.a_.-J-_J T__.v_ ._J !+__J:t:__s the iel _hall ROt y 19-0128 Anaerobic Digester Cleaning Page 22 2" A nnI Ir A GI r 1 nur r\rrnn Ir TL:_ - _ she" Gode._.L _J,,.L,,..aL_ 1 1_:r__— !N_�.v___._I"emwimmimemal eN__j towimmidiwimLe..e..e..LLB tefm •li nwfeFm Qgmm ..� I Ar "I IP Q" wAQd. It nhm" hen n t wed the @ Re„i�P`niR 11...:f..FFR r.,....pRem�. ^� �� 11--1 veFlue f-- Gede as adapted and amended in the State of Texasq Beth pskie6 egFee aRY twimb -L___L _hall _ r TaFFeAt r+ be eunty, Texas. _This RARtrA shall hen a ed n ns+rued- .-Rd_enfereed -Rder}he laws Af fh.. RtAte Af T-P;6,.. 2-7-9 I0IIIrRUM-06RIT CONTCAPTl1Gl C\ l�9 _i__6 L0 _/S1 and net ,-. s ar, _ffieeF, agent, nnF n nlAypp of R.I;Yert .Seller-ehSH ha _II he 9 19 1.. s:LI r_F the LS p1Gye _ ___a.____L:._ __ ._._A _-s__.__.__ L_L...___ M... - __J S-NeF :lam rr: eeFs, agents, 1 I A CI1.ITV A Aln_I w11l.CR011rICeS1IIR.L 2" I IAR11 ITV CGI I rD SMALL Qr I IAI]I r-Alal0_O_CCDf1RICIQI r rno ANY ARII1 AI 1 oon, r nEr LOSS, rnPROPERTY MAMAGS AftNiDI�C+iR rSlif rL IN Irr�vlvl , nrnl Ilnlur MnAru rf% Awly nun w1 I E+/•11,I� IV Rlll !1D 7iiiv�kiviiTl�1 G-P'li-F�1•t�Miiri^-r�i D A't=rPLERrarIS, FFIYr— ra•v--vet `( ARAC-TraR, 4 s-T.�SRR&A, -OR AsQriRTp1 xO TLJr rVTrRIT !'AI ICrI.1 aV rWE h'€G IGFm T I 1 1 ,A IArA 11111rr OF L+CI 1 r�� ACCI � AENTS 7f N: OR 0.01 nvr r c tYr �1� P' 244 IRIACRRIJIrIr-ATI/lwl Y„• WC11 0 WARM rCC ARJI'1 1'1rrrAlll TIJr GITV (ALSO orrroorn TPl AS BUYER)I ITC flrrlc-CC, AGRNTC CSRV, IT A0 GRAVCCC FROMAND AGAIRJCT AIV A I CRI tNPI 1 AWN A! 1 r1 A II{Q- AQ 1 A,111L+1 11'rn /1C A wIV I/IUI% 'r_%R ru A p ArTLL] ,AILJGTIHGR P-siarl�PgLrtrL�iiiysCl�yr� seiiti'P�are•cri^ri'1rcY'e-v1<CCI��1 YW9'L�l�-rCPf I?t•AI flip ACC.GOTG.II1 FOR G•ITH-SR D D DfADr TV IIARAA.Gr_.O 6088 !_INN' I10ING A L L rl_rll 0ARrFArr AC 1 /lCC TQ C Elm ER'C QI SINR88I ARIA AhIV bGC111 TIRIG [ 1 t+ r1&R-0- IAI Iw1 111I W f IMf%I III.91wlr 1.9 AT 1 T V!1 AwI ALIM AI I PERSONS, ANtD ES 4 -nr- �I`�ITM� _QfL IRI Trr 1 S.CTIIAI P o�rorTNE INFRINGEMENT ARISING OUT OF !lO IRI !'l1R1R1GP`TIf►1U \AfIT-W T6418 AGREEMENT, TA TI 11"' 1•'VTI•'�IT /'+A-I IL+rA �V FI°u7C ArTL� AQ f%RAIQQIAwIL r%p IT'L'� rd -- - ---- -. -'- - - - ' ...-_---- ---.- -- - 4TS 1 OPFI '`5RCI r_AENTCI I 1 C2GONTOACTOO/C1C _C I721/_A_hITC OR RMI T1VCrC , "li b SI<\fri+_ARII Iry _L _I:J:s-. :11__.-I:s.. I - 1 - - 1 ..._-._r_.____L:I:a.. _rC__1__.. _LL_..P_G. :S:Gr 9r SL:.., ,..ffee .. Gh .. Ole " r1Cf"AI r11R11lIRIP_`1 IR111TAT1/1R1 __ ..rr:_ient r.._J.., _ _ �tet J J payments due uRdeF this eantFael, theR Sbiyw Will immediately nefify SelleF Of suGh 1ast day -f the r: _1 ._ _J _a_J ...:LL_. penalty _ _IL F _ emeept 4e the pekieRe ef aRiqual paymentr, herein agFeed UpeR feF whieh funds shell have been ;pled and budgeted 94F AAA :Iher:A;:r-P R.'e:1."P ^ ^� I,IATI/+rS T/'!�f A 13rIrC { to have been de!;YeFed thFee (3) business days fallewirig the J_..Sue' 19-0128 Anaerobic Digester Cleaning Page 23 I I.ni4 Stater, mail min sealed eriyel r.s ---:al_ _..ee:_: _i __-L-_._ -a1--1--_I -JJ-_____I vl�ce��cS , , te na______, „ ,._Giac r„s illder+h :I Orehnninn ni,.iniAn Inn Texas Street..__FaFt Weer M r r , • _L J_.___:a_J aL_ 11._:a_J State_ :1 Sealed _1___ th .d'... .mil r .deliVeFy, etiee i airdere.d r ed _;!el yelF y_ .1.'1 A IA 1 !11l+/�1'1! lAl ATII.1■1 , Division 4 l"Emple..ment Q:-.a�.tiee.n; of 'the ah_ Gia.. c r_:.L W_:.ah (4na(r_),2'1'T s__J L+_11__ L ..___L Gaveriants J, agFees that fr 2{�'n{nInx=e5, BH G dmwmu 1_ LL- Lu-rms ell n rAA+r�A+errs\Ar_�r rh..endsr H.,r iR IMMIGRATION wIATIONACity aeltively I rry Arr _ _ _ 'L_ 1__.Y:-..._1:_ O AI_a:___I:t.. A_i 1141 A\ eh ..Je >./eRdSF _L8 11 _1_L_ aL_ {!__:Ce a: r /1 establish Agreement. be peFfeFFned by aRy with eeictiftatwei; lettw that' it has _1: J iM aL_ :I:__a.__ _ _ .mot_ Fed L. 'Ws •Gity shall have the Fight te qwmedi8tely teFMmnate this L a .1 `1�'AI T11 G�ArCTV AAII'1 CAII/1�SA R1 Rl1CAITAI p 'A111��I11I��IT(� _I 1_..._ _a_ _La__ __J ' ' ' EG 1: we _1 L_ _J'a 1 40 DIr_I4T T_/'1 A 1 rnlT SelleF agFeer, that the 1 r e three in\ _ _ta__ t]__1 _ ..a .�digital files, d wa J arid' r _-d _i aL_ r+_11_.. : _1.:.__ a_ _L:__.. _ ...1:__ _I..J'_- ... 'he! the RWYeF shall have r and shall be :r J J_-..._a_ _r _ -___ _ _L aL h J.Y:._•_a_ Yhe Buyer-_ shall give S all__ ______able _J..... .... i. O audits,ritended rte less then ter, (10) business days. in aerjefdanee with aL_ __ _L aL-_ A.v_:_aFis M1I:th Disabilities eC WBFFante r L 99-0128 Anaerobic Digester Cleaning Page 24 Of _.___I_..__ _a r__ pp1j___a_ r__ ____1_..—_ ria ._:LI_ __ __._1______ _e Sell— __ _—y r it 1 fend, I_.. al_:_r .__.n: _.- ers against Buyer wisiRg eut of SeHeF's anNeF its eubve F'S alleged failurp tA QAmqpIy With the a hFTCffr 9 r%'Sr%tam-Fm f _I_I'_._L: that shall fiFst attempt te Feselve the FnafteF thffiwgh this dispute a; er, pFeeear,. The disputing J:eput_ _ L__ _I_ Thp _1__II _ al__ ._ _ _l al__ r:spiAe and 1: L the ..L..1s _ _.L._ f __ _al-____ ___LI_ .-_ _ a_ _ _1.. _R.- _1_.__ r:_._..a_ L____L __ _aL__.___1a__:_ _... a:_._ sa th May .�L 9L V LIB:.., f rL Lthe .....L;�s t...:l te aI LI�� ' dispute ..L_-:a the ___4 __ a_ __ri L:_ iRg r. L.__ __f___a _i ..a _:_ r L Feselve the dispute thlFeugh mediatien, then eitheF paFty shell have the Fight te eme _II _ —J.—_ available . —J—_Imo._.._ _J:__ the J: a_ $ oonwoiTrnAll nA'rnAironrTiDIG innru rnnnonwn�c runr onvr+nrr rconr� 1f ' .11 and shall have LI�e �:F��J L� LI�� L.�� C��d.:�.� OAO AAA 1 f Revised August 31, 2017. 19-0128 Anaerobic Digester Cleaning Page 25 v 11TTA C WROEM AITC ATTICNT A s st 1 AL+11 r n>-/"11 a CRdC\IT I __na n_J_ __.. _____ ______i_2 _ L__aL_ sale 1 ._ 1 _U\ aL_ entity • aL_1 ._ _La _ ._il._a _L:_i___ stwith the le 1 1 _1_a_Ja _1 h____�_ _e aL_ �.._ a _ r__� n1Q _a If.._.. I__.._ _._.. _...__L.___ about -. YEP h_ 16 1'"A' ' liAM Of thatYOU R*19La •Itu # A T ep _J LL— UA I--- 1 A all eases. 19-0128 Anaerobic digester Cleaning Page 26 CONFLICT OF INTEREST QUESTIONNAIRE r-ORM CIO For vendor doing Lusiness with local governmental entity This questionnaire reflects changes madz to the lacv by N.B. 23, 94th Leg., Regular Session. OFFICEt1SEONLY This questionnaire is being filed in accordancewith Chapter 176,Local Government Code, gate 9000rve< by a vendorwho h as a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendar meets requirements unJer Section 176,036(a). By law this giGstionnaire must be filedwith the records administratorof the iacal governmental entity r A later than the 7th business day after the date the vendor becomes aware of facts that require the ste ler lent to be tiled. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Govern;,ent C,:,de.An offense underthis section is a rnisdemean x. 1 Name of v dqr who has a business relationship ealth local governmental entity. 2 Check this Nbus ing an update to a previously fit d questionnaire. (The law ru file an updated completed qr astionnaire with the appropriate f l 9 authot'ly not later than day after the date on which you became aware that the originally f questionnaire was incomplete Name of local government officer a utwhom the Information in this section is being di osed. Name of Officer Tf's section (ite-A 3 inkling subparts A, 8, C, & must be compiet,a for each officer with whc i t is vendor hac an e-�iployr:zent oy other business relationship as defined - Section 17fi(1"i(I-a),Loca' government Code. Attac'l additional pages to this Form ClO as necessary. A. Is the local government rfficer named in this section rec ' or likely to ecei+re taxable income.other than investment incc-'ne,from the vendor? les � No B, IF ing vendor receiving or liken ceive taxable incan^e,other than investment income, or at the direction of the local government officer rig red in section AND the taxable Fncome is not receiver:from tho ioc ernmental entity? Yes � No G, Is Her of this questionnaire employed by a corporation or other business entity with respect to whi a local government officer serves a-,an officer or director, of holds an ownersl-p interest of one percent or more? F-1 "es [::] No D. Describe each eriploymeni of business and fa-ni!v retal-onship with 1 is local govern nent clicer named in this section. 4 signature er YF ndor W-ip but"Tess ti_if7 thF,govemmenta entity Late Adipted 81712015 19-0128 Anaerobic Digester Cleaning Page 27 sAA T h�s-¢or�i..�rE N-ry rr� _r�ee• ne��ranr n �rt ae rr�w Bidder's Name: Bidder's Local Address: Phone: Fax: Email: Name of person signed specifically for this Agreement: Name/Title Phone: Fax: Email t Name of persons for renewal infor ation andlor billing questions- NamelTitle Phone: Fax: Email: Namefritle Phone: Fax: Email: Signature Printed Name Date 19-0128 Anaerobic Digester Cleaning Page 28 ATTi k"ni_F-hIT_-G cohla RA'TIf1 1 AT 1 AnATI/1\1 A Inn 1 IK1,Fs1 aL_..:_eeS the n:ty n_1 .__.1 side..' �1 J L:J_ L_ ._L_ .�tr .-L..a...i e.i ' - feir a ra �I • of Foirt bic� rl:s n..n.lin`e fin +r,a f:es�ele._rr�Lr_ -� :a 1 �yJ �.t�J� r I J I. L L:J - business outside the muni-i-ali", L 1arna L' #he- iGmpaailty. Requests te be GORsideFed a leeal huslRess must be subffli#ed eiq this feffn With bid -1_ L_ _L_..IJ L_ _JJ._____J t_the Pl.._ L_..' Rg staff listed in the r- - _Ives_ L_II_._:.--. :.-L_._.--_a: ._ Kept-_ _ _.J_-_Vert L I :.-_I .-1 __ _L L.._.__-_ Add :L needed to provide this pfer qR 1. t_ocational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: f b. What percentag f estimated gross company sales (worldwide) are ales originating in Fort Worth? "Originating i Fort Worth" shall mean payable at the Fort orth office. [must exceed 50%] 2. Economic Development opportuniti resulting from contract. a. Number of Fort Worth resident-e ployees? b. Amount of City of Fort Worth ad valore j l and business personal property) paid by company(for prior tax year—Fort W ofmer location, if Fort Worth office is newly- established)? Certification of information: The undersigned does h ileby affirm that the information supplied is a and correct as of the date hereof, under pen y of perjury. (Company Name) (Date) (Signature) (Printed Name and Title ) 19-0128 Anaerobic Digester Cleaning Page 29 ATTs-r�--rAGHUiE-K ---43 O.G�N'`ti C`W Please complete and return this form with your bid. The bidder shall furnish references for at least three(3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation. The City will be the sole judge of references. Please use additional sheets. 1. Com,pany's Name Name f Contact Titlef ct Present Address City, State, Zip Code�� Telephone Number ( Fax Number( ) Email 2. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( } Fax Number( } Email 3. Company's N e Name of C ntact Title ontact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) Email 19-0128 Anaerobic Digester Cleaning Page 30 AXTAQ WENT-€ u/AlA!srt RE"' 7ATITl]Ti�L'n[TV T•15 CPiRT le QR:R M 1s A _ _T'__ _ __7_T_ 1 _ Me'__ _ __J [[TT___J___ '4e mew a ! v ii 11 LStep 3 a LG LI Y Step 5 GGl il__L__ L l 7' L Ged- e) Time Zone Gtfffeit 7T_ ____7 L_i_ V_1__L L Thope jowill be am a_1 al_ra J:__.lft_s Il_._J ■1 19-0128 Anaerobic Digester Cleaning Page 31 ATTA _"RAC\IT F NO BID SHRE-T /Pleere r.le+e+hin farm gAIy If, i r firm hAC-rhmse Aa f 392 8440 IL -1 sub.—ita_ i+•a.._r r_s W .i i Cee+Werth Texas 764 n^ _.-_.._ addFearj .BB pet sea. _ : eamts) -- ---j. 0 . C.r.-:.iFi ..,tio hi..hli..h+erJ ieh.e .+++.,..h.,.J Qi.JEl Gannet pfevide lrauFar, ee withIndeffinifisatien FequiFementa. 0 jOb tee Woe. E� job tee smeN- 0 OtheFFeaseR. ^------..Name,, n..1L__: -1 h V \1..�1___. r \ TelepheRe; F.19-0128 Anaerobic Digester Cleaning Page 32 ATTACHMENT—G DETAILED SCOPE OF SERVICESISPECIFICATIONS 1. SCOPE 1.1 This section covers the cleaning and sludge dewatering for anaerobic digesters at the Fort Worth Village Creek Water Reclamation Facility (VCWRF), containing accumulated grit, rags, and sludge anaerobically digested to Class A-B levels. The digesters process thickened sludge originating in the primary and secondary clarifiers. These waste streams also include inorganic materials (grit) and small plastic and fibrous materials that weave into "rags" within the digesters. The digesters must be periodically taken out of service for removal and disposal of these accumulated solids. The scope of this project is the cleaning and disposal of accumulated solids from at least one digester in a fiscal year and additional ones depending upon availability of funding. There will be a 1-2 week delay in starting work on subsequent digesters to allow the previous one to be placed back into service. 1.2 There are 14 anaerobic digesters at VCWRF. Of these, 6 digesters (Digesters 2, 3, 8, 12, 13, and 14) have been cleaned recently and will not be included in this scope. Of the remaining digesters, Digesters 1 and 4 have an 80 foot diameter, and Digesters 5, 6, 7, 9, 10, and 11 have a 90 foot diameter. Based upon past cleaning projects, Digesters 1, 4, 5, 6, and 7 may contain up to 350 dry tons of solids each, consisting of suspended solids, rags, and grit within the water. Digesters 9, 10, and 11 were cleaned in the past 7 years and may contain 100- 200 dry tons of solids. All quantities are estimated from past projects and by rough measurements taken from the roof openings and are not guaranteed to be accurate. The volume of grit and rags is estimated to be approximately 25% to 50% of the total solids in each tank. Liquid material that can be pumped (excluding slurries, grit, and/or"rags") may be returned to the plant via the plant sewer drains adjacent to the digesters. For the purposes of bidding and payment, no differentiation is made concerning composition of digester material. 1.3 These areas are classified as a Class I, Division 1, Group D hazardous areas inside and a distance of 10 feet beyond the exterior wall and roof, and to a distance10 feet beyond all gas handling equipment. All work within the digester shall be classified as confined space work. Flammable materials shall not be stored or located in or near the digesters. All hazardous digester gases shall be safely removed prior to ventilation. Digesters shall be continuously ventilated, and the 19-0128 Anaerobic Digester Cleaning Page 33 atmosphere in the digester monitored using approved detection devices, at all times. The CONTRACTOR shall treat the tank as a confined, hazardous space at all times. The CONTRACTOR shall be aware that the digester contents may be in a stage of active decomposition and producing hazardous gases such as carbon dioxide, carbon monoxide, hydrogen sulfide and other deleterious and/or harmful gases. 1.4 The CONTRACTOR shall comply with all applicable guidelines and regulation specified by the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ) in addition to any other applicable federal, state, and local rules and regulations. The CONTRACTOR will be required to prepare and submit a work plan with a detailed work schedule and equipment list, incorporating safety measures in accordance with the company's safety policies, to VCWRF prior to initiating any work activities. The CONTRACTOR's plan will include the use of a triple-gas (H25, LEL, and 02 deficiency) detection device. 1.5 The CONTRACTOR's safety policies and procedures manual shall be available for review if requested. 1.6 The CONTRACTOR shall provide all equipment, pumps, hoses, lights, electrical extension cords, all temporary power, tools, and labor required to remove digester contents. VCWRF has a switchgear with four (4) 480 volt buckets with 100 amps each available for the CONTRACTOR'S use. 1.7 Where access doors or hatches have caulking or gaskets, new gaskets of the same thickness, size, and material shall be provided and installed at the contractor's expense. Identify all replacement equipment prior to beginning the dewatering operation of the first digester.- Have, gaskets available before completing the cleaning of any digester. Gaskets on any subsequent digester(s) may be invoiced with proper documentation at cost plus 10 percent with the monthly invoice following installation. 1.8 The CITY will provide at no cost to the CONTRACTROR, a maximum of two firehose connections to the plant service water loop for CONTRACTOR'S use during the project.The VCWRF service water loop has a maximum pressure of 58 psi. 1.9 All hauling and handling equipment and labor shall be provided by CONTRACTOR. Hauling equipment shall not permit sludge to leak or splash onto roads during loading or transportation. CONTRACTOR shall be responsible for 19-0128 Anaerobic Digester Cleaning Page 34 cleaning up any spilled, leaked, or splashed sludge or digester contents on roads or other areas at or away from the site of work.The landfill or permitted disposal site shall be identified and manifests shall be submitted to the City for record purposes. 1.10 Material removed from the digesters shall be dewatered and treated as required to be transported to a licensed/permitted landfill or permitted disposal site. Dewatering shall not produce excessive odors, require excess operating area or otherwise be completed in a manner which would impede VCWRF operations. No dewatered solids may be stockpiled overnight. An intermediate storage tank may be used to store liquid material removed from the digesters prior to dewatering. 1.11 CONTRACTOR shall dispose of all digester contents daily on a land disposal site permitted by the State. CONTRACTOR shall locate the disposal site, arrange for disposal, and acquire permission to dispose of digester contents. The disposal site shall be permitted to handle the grade of material removed from the digester or CONTRACTOR shall be permitted to dispose of the grade of material on a designated site. CONTRACTOR shall comply with all state, local, and federal regulations concerning removal, hauling, and disposal of sludge contents. Weight of hauled sludge will be determined by the amounts listed on off-site scales or at highway check points. Weigh-master tickets shall be provided by the CONTRACTOR to the CITY for proof of total weight of material disposed. 1.12 Dewatering processes such as (but not limited to) belt presses or centrifuges may be used. Other methods will be evaluated by the City. The filtrate or centrate may be transferred to the plant sewer at a rate not to overflow the plant sewer(approximately 1 MGD) with a suspended solids concentration in the liquid stream less than 200 mg/I. CITY may deny permission to use dewatering processes if filtrate or centrate characteristics are not acceptable. 1.13 Location of the tie-in point to the plant sewer will be determined by the City. The CONTRACTOR shall coordinate with the CITY to determine the times when the centrate/filtrate can be returned. All associated centrate/filtrate return piping shall be provided by the CONTRACTOR. The returned water shall be monitored and screened with a 1/4" max opening before entering the drain. No trash is to be re-introduced into the sewer. The CONTRACTOR will be required to protect this piping from damage caused by truck traffic crossing the pipes. 1.14 At any time that operational conditions require, the CONTRACTOR may be required to immediately remove personnel and equipment from the work area. 19-0128 Anaerobic Digester Cleaning Page 36 1.15 CITY shall be responsible for lock-out/tag-out of equipment; VCWRF staff will assist in designating which equipment will need to be locked-out/tagged-out. 1.16 CONTRACTOR will attend a VCWRF evacuation/orientation class for employees assigned to the VCWRF job. 1.17 CONTRACTOR shall submit descriptions of three similar projects with their bids, including reference names and contact information. CONTRACTOR shall also submit names and current certifications of personnel that will be performing the work. 1.18 When CONTRACTOR considers the work complete, he shall submit written certification that all contract documents have been reviewed and all work has been completed and is in compliance with contract documents. He shall also certify that all facilities are operational and all work is completed and ready for inspection. The City inspector will make an inspection to verify the status of completion. Should the inspector consider the work incomplete or defective, he will promptly notify the CONTRACTOR in writing, listing the incomplete or defective work. The CONTRACTOR shall take immediate steps to remedy the stated deficiencies and send a second written certification to the City that the work is complete. 1.19 The CONTRACTOR shall mobilize equipment within one month (30) days after receiving a notice to proceed from the City. 1.20 CONTRACTOR shall provide a work schedule and equipment list prior to mobilizing to the site, as work will need to be coordinated with the VCWRF operations. 1.21 Normal work hours are 7:00 a.m. to 5.00 p.m. Monday through Friday. Deviations from these work hours need to be submitted by the CONTRACTOR to the CITY in advance for approval. 1.22 VCWRF is a secure site. CONTRACTOR shall follow City security guidelines for employee identification and documentation in the performance of the work. 1.23 VCWRF staff will drain down the liquid level of the digester to below the side- hatch elevation, if possible. if not possible, the CONTRACTOR shall provide equipment to pump down the digester through roof hatch(es). All liquids 19-0128 Anaerobic Digester Cleaning Page 36 removed in this manner shall be dewatered and may not be directly introduced to the plant sewer. An allowance will be given for additional pumping costs. 1.24 The digester will be isolated by VCWRF staff and drained. Digester gas will be burned at the flare until the gas production does not create sufficient pressure. VCWRF staff will determine when to turn over the digester to the CONTRACTOR. 1.25 CONTRACTOR will be responsible for evacuation and opening of the hatch(s). CONTRACTOR will be responsible for identifying location, type, and size of all hatches and access points into the digester prior to dewatering operations. 1.26 The scope of this contract includes the cleaning and removal of all digester contents. Digester contents means all material including sludge, solids, liquids, leakage through valves in pipelines connected to other digesters, and leakage or water from other sources. 1.27 CONTRACTOR's work includes cleaning out any materials impacted inside the tank, high pressure cleaning of the interior digester walls, floor, etc. with a high pressure fire hose nozzle and broom, cleaning of all associated piping and valves, and hauling of all contents removed from digesters. 1.28 CONTRACTOR shall maintain a clean work environment on a daily basis.Anything attracting vectors shall be cleaned up immediately. Contractor shall clean up any sludge or digester contents spilled on the ground or splashed on the walls after each digester is emptied. Clean-up is required of any stains or digester contents from the work area. 1.29 The CONTRACTOR is required to provide documentation photos of the interior condition of the digester throughout the project. Digital photos (5 MP minimum) shall be taken before, during, and after dewatering and shall be sufficient to document the interior condition of the digester structure. 1.30 The CONTRACTOR shall schedule with CITY for the digester to be taken out of service or returned to service at least two weeks in advance. Only one digester may be out of service at any given time unless otherwise approved by the City. 1.31 No digester shall be out of service for longer than 60 calendar days. A digester is out of service when the access manholes in the cover are opened. During the time the digester is out of service, it shall be cleaned and all work inside the digester required by the Contract Documents shall be performed. 19-0128 Anaerobic Digester Cleaning Page 37 1.32 CONTRACTOR shall ensure that the digester tank has been purged and is free from all explosive gas before performing any work in the digester tank. 1.33 All provisions of confined space entry for CONTRACTOR and inspectors and also necessary lighting for inspection purposes shall be provided by the CONTRACTOR. 1.34 Compliance with local, state, and federal regulations concerning emissions or disposal of solid, particulate, liquid, or gaseous matter as a result of the cleaning, coating or other operations shall be the responsibility of the CONTRACTOR. All shielding, abrasive retrieval or other methods of using precautions required by the regulating agencies shall be accomplished at no additional cost to the CITY unless otherwise provided herein. Any fines imposed on the CITY or ENGINEER by any regulatory agency as a result of the CONTRACTOR`s noncompliance with environmental regulations shall be paid or reimbursed by the CONTRACTOR. 1.35 Odor control will be a significant mutual concern of the City and the CONTRACTOR. In the event an odor problem arises as a result of the digester cleaning, the CONTRACTOR shall take all action reasonable and necessary to abate nuisance odors. 1.36 CONTRACTOR is advised that there may be limited room available, and that chemical delivery and solids hauling trucks need to maintain access. Any hoses and piping installed by the CONTRACTOR shall be ramped and protected to maintain access. 1.37 Expected completion time for this project is 120 days (calendar), assuming only one digester is cleaned. This may be extended if available funding allows for cleaning of more than one digester. 1.38 The volume of solids listed in the bid proposal for removal is an estimate. Payment will be made based upon the contracted unit price in the bid form and the actual volume of solids removed from the digester(s). Payment will be paid on the basis of dry tons hauled to the landfill. Contractor shall provide to the VCWRF lab a sample of dewatered sludge from each truckload hauled off, for determination of percent total solids to be used in calculation of dry tons per truckload. Such payment shall constitute full compensation for the Contractor for furnishing all parts, labor, professional services, equipment, tools and materials and for performing all operations required to furnish to the Owner the entire project, complete in place as specified and indicated in the contract documents. 19-0128 Anaerobic Digester Cleaning Page 38 1.39 Project Mobilization and demobilization will be paid 50/50, meaning 50% for mobilization and 50% for demobilization and may not exceed 5% of the total cost. 1.40 If funding allows for cleaning of additional digesters, an allowance will be provided for"intermediate" mobilization to each subsequent digester. 19-0128 Anaerobic Digester Cleaning Page 39 z Z o Z vi vu'i z Z Z m - .6 z 0 Z 0 - of �i Z S z N N Z V YO N � N a � m m m m m m m m 7 C W z = a N 0 , r E c 5 Z � •� � � - � - � � � CZI qJ �{ p7f Lti W' !li 41 � E m t Z w z Z z z Z Z Z Z Z Z z z z z x 3 z z z Z Z z Z Z m di LLI 2 E c o m W � H mmw w co m m m mmMrnnm v v E y a E o R y 0 c D 3 a w O O O O m m m m m O pp pp pp N Cp CP QI 6i Ol Ol Ol Ol Ol Ol Ol 61 Ol N 9� L 16 +a+ +a+ .� ry m en co n oo rn v m ?u m w - o zaoo �, L!. - KE M1•�*�Q I F � � — r a � t r r Q. Y yq '� - * I `� # . City of Fort Worth FORT WORTH, ADDENDUM TO THE INVITATION TO BID NO. 19-0128 ANAEROBIC DIGESTERS CLEANING CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: May 12,2019 INVITATION TO BID(ITB) 19-0128: MAY 23,2019 Addendum No. 1,dated May 12, 2019 is hereby amended to incorporate in full text the following provisions: 1. Questions and Answers received, in fill text, pages 2-3 2. Bid Solicitation Bid Date changed to May 23, 2019 instead of May 16, 2019. So Delivery date is May 23, 2019 @ 1:30 pm. Ail other terms and conditions remain the same. Bidders are required to acknowledge this addendum by signature and submit with original proposals. All other terms and conditions remain the same. Steven Rathers Buyer I mwmm7777 r7 mmmmmmmmmm 71� �rrrrrw��a�� art of By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: SIGNATURE: NOTE: Company name and signature must be the same as on the proposal documents. ITB 19-0128 Addendum No 1 Anaerobic Digesters Cleaning Page 1 Questions and Answers (Q&A) for City of Fort Worth ITB 19-0128 ANAEROBIC DIGESTER CLEANING 1. Q1. The price sheet lists 400 tons, is this"dry tons"or"wet tons"? Al Dry Ton, Per Attachment G, Paragraph 1.38 2, Q2. Will the bidders be allowed to probe the digester for samples? A2. Each digester can be sampled from the recirculation line. 3. Q3. On the bid form the Item#3, Removal of material from the digester has a unit rate stated as "Ton". Would you please confirm this should read "Dry Ton"? A3. Dry Ton, Per Attachment G, Paragraph 1.38 4. Q4. In Attachment G, Detailed Scope of Services/Specifications,Section 1.39 limits mobilization and demobilization to not exceed 5%of the total bid.As this type of work requires large equipment,that may have to travel from long distances,this makes it challenging and would force some true mob/demob costs to be amortized into the unit rate.As there is no guaranteed minimum quantity, in the end this would force Contractors to artificially inflate the unit rate to ensure covering costs; which in the end would cost the City more. For these reasons we would respectfully request the City if they would completely remove this requirement or consider increasing this to at least 20%of the total bid. A4. 5% is a city policy, but it can be increased. In this case, 15%will be allowed. 5. Q5. Which digesters were cleaned during the 2017 cleaning project? Al:. Digester 12, Digester 13, Digester 14, Digester 8,and a Blend Tank of undigested sludge 6. Q6. How many dry tons were removed from each digester during the 2017 contract? A6. Digester 12—150 Dry Tons (Cleaned in 2011 and drained below side hatch) Digester 13—112 Dry Tons (Cleaned in 2011 and partially dewatered by City) Digester 14--223 Dry Tons(Cleaned in 2011 and unable to drain below side hatch) Digester 8--365 Dry Tons (Not Cleaned in decades and drained below side hatch) 7. Q7. How many digesters were cleaned under the 2017 cleaning project? A7. Four Digesters and a smaller Blend Tank with undigested sludge. 8. Q8. Was more than one digester cleaned each calendar year? A8. See answers 5,6,and 7 above. ITB 19-0128 Addendum No 1 Anaerobic Digesters Gleaning Page 2 9. Q9. How long did it take to clean each digester? A9. Digester 12 tookthree weeks,all others took approximately one month to clean, not including mobilization.The Blend Tank took 19 days. 10. Q10.Were the solids removed from the digesters from the previous contracts disposed at a landfill or beneficially reused for land application? A-v I. All solids were landfilled 11. Q11. If the solids were disposed at a landfill,what was the landfill? A11. At the Southeast Fort Worth Landfill. 12. Q12.What is the annual budget forthe project? Al2. $400,000.00,with a possibility of a change order. 13. Q13. In the bid submittal form, Page 2 Item#1. Item #1 is a statement rather than a Bid item however it list a unit price and a total line. Is this a typo? A13. Item 1 is a statement and requires no bid. 14. Q14. In the bid submittal form page 2 Item#3. Item#3 list a unit price in Tons. Can we assume this is dry tons? A14. Yes,this is dry tons. Per Attachment G, Paragraph 1.38. 15. Q15. in the bid submittal form page 2 Item#4. Since it involves the same procession as item #3 can the bid change to a$/DT? A 15. Item#4 is an alternate intended to cover equipment rental. That is why the b:a up.: :s dollars per day. It cannot be tied to solids removed. 16. Q16 Attachment G, 1.2. Is it the City's intent to only allow filtrate/centrate in to the sewer at a rate less than 200mg/L? A 16. 200 mg/L is not a firm limit. Contractor needs to manage the solids entering the plant sewer and to screen sidestream coming from dewatering equipment per the specification. 17. Q17.Attachment G, 1.8 VCWRF service water is rated at 58psi. Can the contractor supply their own pump and draw water for an alternate source such as from a clarifier? A 17. There are no clarifiers in the vicinity of the digesters. Ample service water is available from hydrants at the stated pressure and the contractor must provide for additional pressure, if it is needed.Any alternate means or methods that do not interfere with plant operation or maintenance may be considered.Contractor will not be remunerated for costs associated with alternate means or methods. ITB 19-0128 Addendum No 1 Anaerobic Digesters Cleaning Page 3 SUPPLEMENTAL PART - IV GENERAL TERMS AND CONDITIONS 1.0 DEFINITION OF CITY The City of Fort Worth, its officers, agents, servants, authorized employees, contractors and subcontractors who act on behalf of various City departments, bodies oragencies. 2.0 DEFINITION OF CONTRACTOR The consultant, service provider(s), supplier, or other provider of goods and/or services, its officers, agents, servants, employees, contractors and subcontractors who act on behalf of the entity which is engaged in a contract with the City. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth may be requested by a member of the public under the Texas Public Information Act. If the City receives a request for a Contractor's proprietary information, the Contractor listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Contractor believes that its information may not lawfully be released. if Contractor does not make arguments or the AG rejects the arguments Contractor makes, Contractor's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of City shall have a financial interest, direct or indirect, in any contract with City or be financially interested, directly or indirectly, in the sale to City of any land, materials, supplies or services, except on behalf of City as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the City or its officers, agents, servants, contractors or subcontractors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the City. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the City's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Contractor without an approved contract number, purchase order number, or release number issued by the City may result in rejection of delivery, return of goods at the Contractor's cost and/or non-payment. 6.0 CONTRACTOR TO PACKAGE GOODS If applicable to the scope of work, Contractor will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Contractor's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Contractor shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any SOLE SOURCE— Page 1 of 5 PW Sole Source T&C issues!April,2019 applicable specifications. City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 Contractor is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS If applicable to the scope of work, the title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 FLAGE If applicable to the scope of work, the place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 10.0 RIGHT OF INSPECTION If applicable to the scope of work, City shall have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications. 11.0 ,&OFTWARE LICENSE TO CONTRACTOR If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to City, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Contractor, and is licensed and provided to the City for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Contractor; however City may make copies of the software expressly for backup purposes. 12.0 OWNERSHIP OF WORK PRODUCT If applicable to the scope of work, Contractor agrees that City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. Contractor for itself and on behalf of its contractors hereby waives any property interest in such Work Product. 13.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Contractor requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Contractor is required to utilize the Internet, Intranet, email, City database, or other network application, Contractor shall separately execute the City's Network Access ITB 19-0128 Anaerobic Digester Cleaning and Solids Disposal Page 2 o Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 14.0 LAWS, REGULATIONS, AND ORDINANCES The Contractor 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 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). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Contractor to comply. 15.0 Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 16.0 HEALTH, SAFETY_AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Contractor must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Contractor agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. 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 byContractor. 17.0 RIGHT TO AUDIT Contractor agrees that the City, or City's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to City, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Contractor involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Contractor agrees that the City shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. City shall pay Contractor for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The City shall give Contractor reasonable advance written notice of intended audits, but no less than ten (10) business days. 18.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate ITB 19-0128 Anaerobic Digester Cleaning and Solids Disposal Page 3 o on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 19.0 TIME TO CUREIDISPUTE RESOLUTION 19.1 If either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first provide a reasonable time to cure and then attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to cure, resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to cure or resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 19.2 A written notice to cure may be prepared giving the Contractor 14 calendar days to cure any deficiency. 19.3 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the appropriate Department Head who may take appropriate action to cure the performance problem(s). 19.4 All costs to cure incurred by the City shall be paid by Contractor within 30 days of Contractor's receipt of notice of same. 19.5 The Contractor will 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. ITB 19-0128 Anaerobic Digester Cleaning and Solids Disposal Page 4 o ATTACHMENT B CONTRACTOR'S RESPONSE TO ITB (Inserted behind this page) ITB 19-0128 Anaerobic Digester Cleaning and Solids Disposal Page 9 of 10 Contractor Services Agreement Vroposa1 w Vrovide 11 3 4' 19-01 ` 8 Anaerobic Digester Cleaning to �FORT WORI' Ht,, Submitted on May 23, 2019 SYNAGRO YOUR PARTNER FOR A CLEANED, GREENER WORLD r 435 Williams Court,Suite 100 � Baltimore,MD 21220 � A6RO- MAYZvwwsynagro.com " �1 ��V 23,2019 City of Fort Worth Mr. Steven Rathers 200 Texas Street Fort Worth,Texas 76102 I; Dear Mr. Rathers: 4 Synagro of Texas-CDR,LLC (Synagro) is pleased to respond to the City of Fort Wotth's invitation to bid for Digester Cleaning at the Village Creek Wastewater Treatment Facility.We have enclosed for your review our completed bid forms and information requested in the specifications. Having been in business for over 40 years,Synagro is one of the largest residuals management companies in the country with over 650 municipal and industrial customers and operations in 33 states and Canada. We provide various residuals management services to water and wastewater treatment plants and have extensive equipment and personnel resources to perform the duties outlined in this solicitation for the City. Synagro has significant experience working with many Cities on similar contracts at theft wastewater treatment facilities and is confident that we can meet and exceed the City's expectations for this contract.The contract scope includes removal and disposal of wastewater digester sand,grit and rags from the various digesters utilizing a Belt Filter Press and pumps for dewateting and disposal of the filter cake solids at a local landfill. Synagro has a vast amount of experience in the past and on current contracts performing this type work.At present we hold two contracts with the City of Houston and a contract with New York City performing these same tasks.We have also recently performed digester cleaning for Miami Dade County, FL; Baton Rouge,LA;Texas City,TX and Atlanta, GA,as well as many others. In addition,Synagro performed a digester cleaning for the City of Ft. Worth in 2011. Our philosophy through our years of experience in providing residual management services to over 650 municipal and industrial customers is building and maintaining strong partnering relationships and providing quality, safe, compliant services at reasonable and competitive prices. We trust that our response to your Invitation to Bid No. 17-0400 will evidence our commitment to that philosophy. YOUR P".RTHER FORA CLEANER,GREENERWORLD r )4� Nfr_Rashers I1Iay 2%2019 t'age 2 Synagro is prepared to perform,and has experience in, all associated tasks under this contract. Our team is committed to performing these tasks on time and within budget. We look forward to working with the City of Ft.Worth again and growing a strong relationship for the future. If you have any questions about our submittal or requite any additional information,please feel free to contact we at (281) 967-1325 or ggibson@synagro.cow.We look forward to hearing from you soon. Warm regards, 574" Gary Gibson Business Development Executive GG:jc "01)R PAW1 W-R FUr," CLEANER,GREEMPRWORL© � City of Fort Worth FoRTWORTH, ADDENDUM TO THE INVITATION TO BID NO. 19-0128 ANAEROBIC DIGESTERS CLEANING CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: May 12,2019 INVITATION TO BID (ITB) 19-0128: MAY 23,2019 Addendum No. 1,dated May 12,2019 is hereby amended to incorporate in full text the following provisions: 1. Questions and Answers received,in fill text, pages 2-3 2. Bid Solicitation Bid Date changed to May 23, 2019 instead of May 16,2019.So Delivery date is May 23,2019 @ 1:30 pm. All other terms and conditions remain the same. Bidders are required to acknowledge this addendum by signature and submit with original proposals. All other terms and conditions remain the same. Steven Rathers Buyer By the signature affixed below,Addendum No. 1 is hereby incorporated into and made part of the above referenced Invitation to Bid. COMPANY NAME: S na pro of Texas-CDR Inc. SIGNATURE PIA Ul,�A 9 21!� ' Elizabeth Grant,Assistant Secretary NOTE: Company name and signature must be the same as on.the proposal documents. ITB 19-0128 Addendum No 1 Anaerobic Digesters Cleaning Page 1 FoRTWORTH, ITB Cover Sheet CITY OF FORT WORTH 1 PURCHASING DIVISION INVITATION TO BID NO. 19-0128 ANAEROBIC DIGESTER CLEANING BID CLOSING DATE: May 23, 2019 For further information contact: Steven Rathers, Buyer FAX(817)392-8440; email: FMSPurchasinciResponses@fortworthtexas.goy Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original, one copy and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division b 1:30 P.M., May 23 2019—and then publicly opened and read aloud at 2:00 P.M, in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Purchasing Manager. YOUR BID MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Bids sha[I be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall,200 Texas Street,Fort Worth,Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope `BID No.19-0128,Anaerobic Digester Cleaning"AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed;they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 90 calendar days after the bid opening date. By signing below, l certify that I have read the attached Terms and Conditions, Instruction to Bidders and the Bid requirements and have agreed to all of the terms, conditions and requirements contained herein. Failure to complete the requested information below will result in re'ection of your bid. Company!Name and Address: Synagro of Texas-CDR,Inc.435 Williams Court, Suite 100, Batt,M 21220 4 Federal ID Number(TIN): 74-2648566 ` Company's Authorize Agent Name and Title Elizabeth Grant,Assistant Secretary Signatur : Date:5/21/2019 Telephone Number:443-489-9075 Email address: egr t@synagro.corn Fax Number: 443489-9042 Cooperative Purchasing: Should other Governmental entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing shall apply(see.section 11)? Yes No� Pre-Bid Conference: No Pre-Bid Conference Contents: o Part--I : Bid Solicitation/Offer Part—II : Instruction to Bidders © Part--III : Scope of Services/Specifications m Part—IV : Standard Purchasing Terms and Conditions m Part—V :Attachments 19-0128 Anaerobic Digester Cleaning Page 1 Page 1 of 1 BID SOLICITATION _ Printed:04/17/2019 - BID OPENING DATE AND TIME. 511 61201 9 1:307 00 PM BID NUMBER: 19-01211 BUYER:Steven Rathers PHONE#: (817)392-2057 DELIVERY REQUIRED:5123/2019 E Vendor Name:Synagro of Texas-CDR, Inc. H city of Ft worth N Address* Williams Court, Suite 100 P PURCHASING DIVISION D LOWER LEVEL CITY HALL R City,State Zip Code: Baltimore, MD 21220 FORT WORTH TX 76102 T O Item 1Class-Item Quantity Unit Unit Price Total 1.000 The City of Fort Worth is seeking bids from qualified bidders for an annual Agreement for Anaerobic Digesters and Biosolids Disposal Services for the Water Department.The Agreement will be for one(1),one-year period with options to renew for up to(5)additional one-year periods.All items shall be bid per attached specifications. 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.Quantity in Item 2.0 is estimated from previous projects.Payment will be made for actual quantities removed from digester(s). 2.000 Mobilization and demobilization of all equipment,services and personnel 1 EA $41,079.00 $41,079.00 needed to complete material removal 3.000 Removal of all material from digester,dewatering of removed material 400 TON $675.00 $270,000.00 using equipment provided by contractor and transporting all dewatered material to an appropriate landfill and disposal 4.000 Additive alternative for mobilization of additional pumping equipment if 6 DAY $928.57 $5,571.42 contractor Is required to pump down digester below side hatch i 6.000 Additive alternative for mobilizing to each subsequent digester,if funds are 1 EA $4,824.50 $4,824,50 available,following the completion of the first digester cleaning TOTAL: I $321,474.92 WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 90 DAYS. TERM OF PAYMENT: Net 30 COMPANY: S a ro Texas-CDR, Inc. DELIVERY: NIA SIGNATURE TELEPHONE NUMBER: 443-489-9075 NAME AND TITLE: izabeth Grath, Assistant Secretary 19-0128 Anaerobic Digester Cleaning Page 2 i PART—V ATTACHMENTS ATTACHMENT-A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity(i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIO ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing a related to a potential Agreement with the City. Updated Questionnaires must be filed in conformance with � Chapter 176. i A copy of the Questionnaire Form CIO is enclosed with the submittal documents. The form is also available at http:11www.ethics state.tx.uslforms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement.An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name in the # 1, use NIA in each of the areas on the form. However,a signature is required in the#4 box in all cases. F 19-0128 Anaerobic Digester Cleaning Page 26 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 64th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being tiled In accordance with Chapter 176,Local Government Code, one Rc 2iv�l by a vendorwho has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filedwith the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filod. See Section 176.006(a-1),Local Government Code. A vendor coltunits an offense if the vendor knowingly violates Section 176.006, Local Government Gode.An offense under this section is a misdemeanor. t Name of veiliior tivho has n business relationship with lctcaf ciovernrnental elttlty. NIA 2 Check tills box if you are filing an upstate to a previously filed questionnalre. i (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 14ame of focal government officer about whorn the Information III tills section Is being cflsc lose th NIA I Name of Officer Tills section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,ather than investment income, from the vendor? El Yes M No NIA B. Is the vendor receiving or likely to receive taxable Income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? = Yes 0 No NIA C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more? = Yes 0 No N/A D. Describ.e each employment or lousiness and family relationship with the local government officer named In this section. NIA 4 _ 5/21/2019 Signatuie of endor doing business with the governmental entity Date Adopted 817/2015 19-0128 Anaerobic Digester Cleaning Page 27 ATTACHMENT- B BIDDER'S CONTACT INFORMATION Bidder's Name: Synagro of Texas-CDR, Inc. Bidder's local Address: 501 Woodall Road, Decatur,AL 35601 Phone: 281-967-1325 Fax: 443-489-9042 Email: ggibsoii@synagro.com Name of person assigned specifically for this Agreement: Name/Title Marls Vine-Area Director Phone: 832-509-9167 Fax: 443-489-9042 Email: ravine s na ro.coin i Name of persons for renewal information and/or billing questions: Name/Title Gary Gibson-Business Development Executive Phone: 281-967-1325 Fax: 443-489-9042 Email: gg.ibson@synagro.coin Name/Title Jessica Stahl-Accounting Manager Phone:443-489-9054 Fax: 443-489-9042 Email: istahl s a ro.coin �ft�—Eiizabeth Grant,Assistant Secretary 5/21/2019 Signature Printed Name Date 18-0128 Anaerobic Digester Cleaning Page 28 ATTACHMENT-C CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS Section 2-14 of the Foil Worth Code of Ordinances authorizes the City Council, when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages to be considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this information. 1. Locational Eligibility: Principal Place of Business in Fort Worth, Texas. a. Do you have a Fort Worth office? If yes, identify address: No b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. (must exceed 5o%] NIA 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? NIA b. Amount of City of Fort Worth ad valorem taxes (real and business personal property) paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly- established)? NIA _ Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. Synagro of Texas-CDR,Inc. 5/21/2019 (Comps Z�Aaa\ ame) (Date) — Elizabeth Grant,Assistant Secetary (Signatur J (Printed Name and Title) 19-0128 Anaerobic Digester Cleaning Page 29 i ATTACHMENT-D REFERENCE SHEET Please complete and return this form with your bid. The bidder shall furnish references for at least throe(3) recent customers to whom products and/or services have been provided that are similar to those required by this solicitation.The City will be the sole judge of references. Please use additional sheets. 1. Company's Name City of Houston Name of Contact Shannon Dunne Title of Contact Assistant Director Present Address 4545 Groveway Drive City, State,Zip Code Houston.,TX 77087 ' Telephone Number ( 832 ) 395-5035 Fax Number( } Email shamon.dunnc@houstontx.com com 2. Company's Name Baton Roue LA Name of Contact Cheryl Berry Title of Contact project Manager Present Address 2443 River Road City, State, Zip Code Baton Rouge 70802 Telephone Number ( 225 )323 -3150 Fax Number( } Email cbeny@brgov.com 3. Company's Name Santa Cruz CA Name of Contact Anne Hogan Title of Contact pg Present Address 100 Bay Street City, State, Zip Code Santa Cruz CA 95060 Telephone Number ( 831 )420 -5425 Fax Number( ) Email 19-0128 Anaeroblc ugester Cleaning Page 30 References New York City Debit qfEnyironrrreatal Protection Beth Petrillo (718) 595-5064 2004-2013 Multi-year contract for mobile dewatering and cleanout of digesters at multiple wastewater treatment plants throughout New York City;removal,transportation and disposal of solids Qy o Atlanta GA Rob Bush. � (404) 350-4902 200.6---2012 Mobile dewatering and digester cleaning at multiple City wastewater treatment plants; removal,transportation and disposal of solids Middlesex Coun N Donato Tauzi (732)721-3800 2011—2012 Mobile dewatering and digester cleaning;removal, transportation and disposal of solids Cheste eld Caun VA subcontract to Mid-Eastern Builders Ms.Kimberly Hall Mid-Eastern Builders 1606 Ownby Lane Richmond,VA 23220 (804) 521-0733;khall@meb-inc.com 2010 Mobile dewatering and digester cleaning _Ouantico, VA Maimide Seaya�e Treatment Plant subcontract to L n rton Construction Com inn Marty Workinger,Project Engineer P.O.Box 98 Dover,PA 17315-0098 (717) 292-3606,ext. 147;mw@jcc-ti.corn 2013 Mobile dewateting and digester cleaning;temoval,transportation and disposal of solids City ofNoralk VA Moores Bridger W71' Chris Harbin 400 Granby Street Norfolk,VA 23510 Chtis.harbin@notfolk.gov 2013 Mobile dewatering and cleaning of gravity belt thickener;removal,transportation and disposal of solids VOIKI PARTMEn FOR A CL.EANr--R, GREEE,TR WOULD Keferences Cat roof Durham NC John Dobson,Superintendent 919-560-4384 2007—2010 (various cleanout events) Cleaning of digesters and transfer of material to on-site drying beds. Cabe Fear Public Ughtty Authgy*—Noithside OUT(subcontract to Crowder Con truction) David Walker,Project Manager,Crowder Construction 910-332-0744 2008 Mobile dewatering and cleaning of three digesters;removal,transportation and land application of solids Lincoln CqgM NC--Forna Creek WIFTP fubcantract to Hicko Coa�.rt mdion Co. Steve Turner,Project Engineer,Hickory Construction 828-322-9234 2012 Mobile dewatering and digester cleaning,removal,transportation and disposal of solids. Manatee Co,FL Anthony B enitez,Proj ect Engineer 941-737-4757 2013 Multiple digester cleanings including dewatering,hauling,and disposal. Baton Rouge,LA Cheryl Berry,Project Manager 225-325-3150 2012-2013 Multiple digester cleanings including dewatering,hauling,and disposal. Martin Coan FL Todd Leyland,Treatment Operations Manager 2378 S.E. Ocean Blvd.,Stuart,FL. 34995 772-463-6294 2014,2015 Digester cleaning at Martin Downs facility.Dewater ng,hauling and disposal. Cate ofHnuston Shannon Dunne,Assistant Director 4545 Groveway Dr.,Houston,TX.77087 932-395-5036 2013,2014,2015,2016,2017 Annual contract to clean digesters,sludge holding tanks and aeration basins at 41 different Waste Water Plants. YOUC: PAR`d NER FOR A CLEAHrR, GRl NER WORLD Synagro's core business purpose is focused on the management of municipal biosolids,including project development, operations,and biosolids product recycling. k' This focus has resulted in Synagro being North America's leading provider of high-quality, cost-effective biosolids management and beneficial use services.We have been successfully meeting the biosolids.management needs of hundreds of generators for more than 40 years. Synagro's experience in all areas of biosolids management is unparalleled. Synagro annually manages over 12 million tons of - biosolids and other organic by-products for more than 650 generators (including 600 municipal clients). Synagro employs a team of over 600 professional engineers, soil scientists,agronomists, construction managers,financial managers and the largest,most diverse operational staff in the industry. Our team is dedicated to working with our clients to find the right solution to their organic residuals management challenges. Synagro,and its various subsidiaries,have been at the forefront of the environmental movement to safely process and beneficially market organic residual materials. Synagro offers virtually all commercially viable processing options and product marketing channels for biosolids and organic residuals including: • Heat drying and pelletization . Mobile dewatering • Incineration . Land application and reclamation r Composting • Lagoon and digester cleaning s Alkaline stabilization • Rail transportation e Digestion • Product marketing • Dewatering(installation&operation) This ability to offer the complete range of biosolids options is unique to Synagro and allows us to develop projects that fit a municipality's unique needs. In addition,this breadth of experience provides us with an in-depth understanding of biosolids that other:companies simply do not possess. As the industry leader in providing various forms of project delivery options,we have extensive experience developing and managing biosolids fatality design-build-own-operate (DBOO) projects.We currently operate nine heat-drying facilities, three thermal processing facilities,four composting facilities, over a dozen alkaline stabilization facilities, and approximately 70 permanent and mobile dewatering facilities. Synagro is owned by EQT, a Swedish private equity fine-with over$20 billion in assets under management,and is part of EQT Infrastructure II, a fund with a hard cap of over$2 billion.This fiend is dedicated to creating improved value through investing capital and support resources to companies life Synagro that provide vital infrastructure services. EQT is a strong, stable, financial partner with a stellar performance histoty and an emphasis on long-term, sustainable investment. T YOUR PARTNEP. FOR A CLEAPr-R, GREF-Nun!fi onLD - hrbrmation Subcontr-eactor VACCUMATION WORK i Industrial Cleaning and Degteasing DISPOSAL Republic Services Southeast Landfill—6288 Salt Road,Foa Irlot-6, TX 76140 yoUR PAWTHER.FOR A CLEANER, OREr.-AER WORLD �� Versonned Naives and current certifications of personnel that will be working on the project • Alex Aquino ® Abraham Atem e Eduardo Torrez Omar Malvaez * Jesus Perez Jr. (Xavier) o Gonzalo Perez End6no Torres • Luis Torres Raymond Walker Juan Perez o Jesus Perez Sr. Qesse) e Manion Smith(Sambo) s Mark Vine Current safety training certifications are attached. YOUR PARTNER FOR A CLEANER, GREETER WORLD ` /\ \� 2 3 ! #C \ . as a . _ « \� 1. C �z � 4mm4 0 t\ a \ > Ir e LU � - _ 0 LU- , � �■ / ! � - , 22 Z 1FfRON z CL II • I► • Qq co ',. • ,- A . ♦i�i� YlI I. I Jf 5 x. S �+ ilmP_ION VFW ��- _ _� a O � m 4-4 ® K. O 1 1 o z Q CY. e� w CL � �� 1 1��'�'�� -.�:'4�f�.• -�5 � -f.�I..�,�. �,1.�{ _ -. .'. .�', ��.r�� .r�',' � }. 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E ® ® � � / / aa ^ 03 / \ Ot� / w - . i} : \ OWN \ .�zz �z- � � I 2 o wo oz Quo ce 0 ;I - f . .- — .: I I dam I OP z LEJ R� o � Z 4 � �{(ARD �I0 ' m 1 P-, 'I L I -� F • a I 02 LLI I QJ LAA o om I: r 1 ' II ❑ i,, QCK z .� o rf f� i I ,I I � 5 .a' i _ �t i�} � fYi•-.. #r�}- ++ �iy ,41f1 3} r� 5 '##5�}-'-f��3 J - m#i\ u ( '( \� - , / \ w • - '� _ ! oz LLI / - � � ® _ - \ �3 � / . � [ w . ri I I � i ffl : P IL ji „ r? � Vz z ° •� ® A ° a ."` Lu T7,44 Wk ��. 4mm ¥r� � � \ \ - { } { - \ , cL : }^/ ® \ /�/ � ■ , % \ � ��i � % — ■ � : . w. � I * � . - � Health and Safety Plan. (HASP) Fort Worth Digester Cleaning Project Proiect Operations Manager: Client Name: • Jesus Perez Proiect Site Superintendent: City of Fort Worth a Omar Malvaez Proiect Duration: Project Location/Address: Within 60-days of contract 4500 Wilma Lane commencement(first event) Arlington,TX 76012 Date HASP Written: 12/10/17 Scope of Work: Revision Date: Pumping/Cleaning,Dewatering,Solids Removal&Transport The HASP serves as a planning tool and a working document to ensure that both the Synagro EHS Department and Project Management understand the scope,safety hazards,and control measures associated with this project and that the HASP contents are communicated to and understood by atl project personnel. Scone Synagro South, LLC (Synagro) will perform pumping, dewatering, solids removal and transportation services to the Village Creek Water Reclamation Facility(VCWCF). This operation will remove liquid sludge&various types of solid residuals from the Anaerobic Digester(s) located at client's property using pumping equipment that will extract the sediment and water from the digester. This material will be pumped into a frac tank, dewatered using a belt filter press and eventually transported off-site to client approved Landfill using end dump trailers. Contractual Safety Responsibilities The Synagro management team will include Project Operations Manager, Jesus Perez; and Project Site Superintendent, Omar Malvaez. Mr. Malvaez will be responsible for the overall day-to-day safety and compliance of this project. Synagro and its employees will be adhering to all pertinent safety policies &procedures as discussed in this HASP as well as those required by authorized client personnel. Contractual Safety Requirements Synagro employees shall adhere to all local,state and federal regulations(i.e., OSHA,DOT)as applicable. Synagro will ensure that a copy of all SDSs for potentially hazardous materials that are to be used on-site will be available at all tunes for review by its employees and VCWRF officials. All Synagro safety & health policies and procedures will be followed.Any employees assigned to this project will have had a full and proper safety orientation before they start any work at the site and will have stop work authority. Contractual Indemnification This project will be the sole responsibility of Synagro. However, sub-contract transport providers may be utilized as needed. 1of19 Client SafetV Expectations All Synagro equipment will be inspected daily for safe condition/operations. Defects shall be reported to the Project Manager immediately for correction and repair. Personnel The following Synagro employees will be present on this project: ** • Project Operations Manager—Jesus Perez • Project Site Superintendent—Omar Malvaez ® Dewatering Press Operator and Confined Space Attendant/Entrant-Jorge Fernandes ® Dewatering Press Operator and Confined Space Attendant/Entrant—Mercid Hernandez O Truck Driver/Confined Space Entrant Jesse(Geraldo)Gonzalez ** Dare to scheduling needs, some or all of these employees may be present whereas others are assigned as needed. Additional personnel will be brought on-site as needs arise. Project Duration The scope of this Project involves the cleaning of multiple digesters during the Fort Worth Fiscal Year (October — September). These will be completed on an event basis, duration of which will be determined by the scheduling and the availability of the digester units. Worldne Hours Dredging and pumping operations will generally be performed during the hours of 7:00 am to 6:00 pm; Monday- Saturday;weekend work as agreed with VCWRF Star. Project Vehicles&Equipment This project will utilize the following pieces of equipment and vehicles: Hydraulic Pump, Grinder Pump, belt filter press, frac/mixing tank, end-dump trailers, pick-up trucks, portable toilet,hand-washing station,miscellaneous piping,flexible hoses, etc. Project Safety Coveraze Omar Malvaez shall also serve as the Site Safety Officer and will be responsible for the safe operations and general employee safety on the project including conducting daily safety meetings held prior to starting the shift. This project activity does not support a full time safety supervisor to be present. Omar Malvaez is currently trained in First Aid&Emergency CPR procedures. Drug Screenine Re uirements All Synagro employees must be in compliance with the current Synagro Substance Abuse/Prevention Policy which includes pre-employment and reasonable suspicion testing. Commercial motor vehicle drivers must meet DOT regulatory requirements (49CFR part 3 82) pertaining to controlled substance testing. This requires having a negative pre-employment controlled substance test on file,participation in a random drug/alcohol testing program, and be subject to reasonable suspicion testing requirements. 2of19 Training Requirements All employees and subcontractors under Synagro control will have received a full and proper safety orientation prior to beginning any work on this project. No work shall begin until each employee and subcontractor understands the scope of work and the company and client-specific safety rules and work. procedures. All employees on this site will be familiar with this HASP, HazCom Program, and additional, applicable safety policies. A copy of these documents will be maintained on site and available for review during normal operating hours. • Permit-Required Confined Space Erutry—All Synagro employees assigned to this project will have previously been trained and certified to safely enter PRCSs. All entry& retrieval equipment will be inspected pre-work and during shims to ensure full functionality. Adherence to our PRCS entry protocol will be followed. Permits will be completed daily and posted prominently at the entry point. ® Lockout-Tagout - Synagro is committed to employee safety and employees will follow company procedures to safely de-energize and secure all sources of stored energy prior to performing work in such areas that may be affected by such. Prior to any equipment being serviced(i.e., repairs, routine maintenance, adding fuels & lubricants, etc.), all stored energy sources will be properly isolated (& verified) to ensure that the equipment is totally de-energized. Wheel chocks will be in place if applicable, on/off switches will be secured in the "off" position; hydraulic & pneumatic systems de-energized, ignition keys removed & in the sole possession of the authorized isolator, etc. Locks & lockout tags will be used in accordance w/established lockout/tagout procedures. Due to the scope of work planned on this project,the equipment to be used &the relatively low number of employees assigned(3 to 4 max), it is not anticipated at this time that a "lockbox" will be necessary. However, in the event that multiple "authorized" personnel will be involved with an isolation task, a "multi-lock device" will be utilized allowing each person to install his/her own assigned padlocks with appropriate identification. Fall ProtectionlWorking at Heights-Enhanced fall protection systems will be required for access/egress into the digester,all Synagro employees assigned to this project will receive adequate training to safely access all work areas accordingly.All fall protection equipment will be inspected pre-work and during shifts to ensure full functionality.Adherence to our fall protection program will be followed. e Dearing Conservation - All Synagro employees assigned to this project will have previously been trained on Synagro's Hearing Conservation Program per OSHA CFR1910.95. Training (performed annually) is updated to be consistent with changes in protective equipment and work processes associated with the various types of projects that we work on.Training includes the following: o effects of noise on hearing; o purpose of hearing protectors,their advantages,disadvantages,and attenuation of noise levels; o Instruction on selecting,fitting,using,and care of their hearing protection equipment Typical Synagro dewatering and digester cleaning projects typically do not fall into the "mandatory-use" (-->90 dBA/ 8-hour TWA) category of the standard requiring hearing protection, audiometric testing, etc. However, the project supervisor will carefully review site-specific noise issues and if deemed appropriate", will utilize a dosimeter to determine peak noise levels. In the event it is determined that sound levels exceed the 85dBA level, further review of our program shall be performed. Although hearing protection is provided to our employees at all times for their voluntary use,it will at that time be required at all times in such environments as deemed necessary. Special Requirements All personnel shall be notified that the site is an active,operating biosolids treatment basin and there is a potential health hazard at the site for illness from water-borne pathogens associated with the pond water.See also section titled Personal Hygiene for more information. Personal hygiene measures shall be in place and followed to minimize exposure potential. Project Specific Hazards&Control Measures 3 of 19 Digester Decommissioning Synagro is responsible for the decommissioning the digesters as part of the scope of work for this Project. This will be undertaken with the cooperation between VCWRF Operations and Synagro Staff.VCWRF will undertake the procedure as described in the Local VCWRF `Digester Shut Down and Draining Process'.When stages 1-3 have been completed, Synagro Staff will be notified and remove the top hatches in preparation for the draining process. After draining has been completed, all valves/pumps/associated equipment will be locked out and tagged using a multi-lock deice with a combination of VCWRF & Synagro Locks/Tags; Synagro keys will be secured in a Lock Box at the facility — see LOTO. Traffic Control and Work Area Accessibility Synagro plans to utilize various traffic control devices such as temporary barricades, barrels, flagging tape, etc., to control access to active work areas to enforce a safety perimeter and to minimize unauthorized personnel from undue risks associated with construction activities and equipment. In addition,the immediate work area shall be maintained as a "limited access area" to non-Synagro personnel unless having the visitor(s) first contact the acting Synagro representative. Signage affixed to the traffic control devices shall provide the contact information needed to gain safe and/or escorted access into the work area if deemed appropriate. Non-Hazardous Spills/Prevention&Control All Synagro employees will be familiar with the procedures to follow in the event of a spill of non-hazardous material on the jobsite. Examples of non-hazardous materials that may be spilled on site are: recycled water into areas that could migrate offsite, processed wastewater, dredged solid residuals, petroleum, oil &/or lubricants (a.k.a. POL) fiom motorized equipment,etc. Fueling operations of site equipment would be the potential cause of a spill which could lead itself into nearby areas. Due to the inability of off-site fueling of equipment, pick-up truck mounted supplemental fuel storage tanks shall be used to maintain adequate fuel levels throughout project duration. Diesel fuel will be the primary fuel used but gasoline may be needed to operate smaller pumps and equipment. To safeguard against spillage and to minimize risk potential,all equipment will be allowed to cool prior to re-fueling so as to prevent heat source for fire. Suitable ground covering will be provided in areas in which deminimus dripping could occur. In the unlikely event that a spill would occur, Synagro employees will first identify and stop the source of the spill. They will them contain the spill by whatever safe means necessary using berms or dikes and absorbent material to minimize the spill affects. These materials will be available in the spill kit. Concurrently with spill containment and clean up efforts, Synagro management will immediately notify the following representatives to report the incident: ■ Frank Foster Synagro EHS Manager (850)712-0436 a Jesus Perez Synagro Project Operations Manager (832)473-2207 If Mark Vine Synagro Area Director (832)509-9167 Once the spill has been reported and documentation is provided, Synagro personnel will report any onsite spills to the client as well as proper agencies per internal reporting protocol. Offsite Spills of Residual Materials In the event that an off-site spill of dewatered sedimentation would occur, Synagro would follow the "Biosolids Spill Response Plan"(appendix"A")to contain, cleanup and control all on-scene activities • A COPY OF TIIIS SPILL PLAN WILL BE AVAILABLE FOR.REVIEW ON-SITE. 4of19 Potentially Hazardous Materials Synagro may have a minimum amount of potentially hazardous materials on site. A Safety Data Sheet will be maintained and available for review for each potentially hazardous material used. Employees will use the proper PPE listed on the SDS for each chemical used. Whenever stored on site, all hazardous materials will be placed on portable spill pallets or an equivalent protected appurtenance. A chemical inventory list (CIL) shall be maintained on-site to identify the chemicals that will likely be used at some point during the duration of the project. Many of these may simply be contained within the motorized equipment such as Iubricating oils,fuel&greases. There will also be a spill kit located on site.The kit will contain at a minimum: brooms and shovels ® absorbent material ® plastic trash bags ® booms or dike-making materials In the event of a spill of a hazardous material, Synagro employees will make efforts to contain and clean up the spill immediately.They will also notify Synagro management and the client as previously identified above. Personal Hazards(Personal Protective E ui anent All employees, subcontractors and visitors are required to wear the appropriate PPE when surveying the construction environment. This includes,but is not limited to: A. Hard Hat B. High-Visibility Vest(or outermost garment) C. Safety Glasses D. Safety Goggles (if spray mist or splashing may occur) E. Shirt/Blouse w/at least 2 inch sleeves F. Long Pants/Slacks G. Safety Toed Footwear H. Protective Gloves I. Hearing Protection(voluntary arse unless otherwise posted) J. N-95 Nuisance/Dust Mask(voluntary use) K. Harness/Line L. Gas Monitor Personal Ryden Whenever working with ash and/or water residuals, there is a potential for contracting waterborne pathogens or other hazards. By following some basic hygiene rules,these activities can be accomplished safely: • Use water& soap to clean your hands before eating, drinking, applying cosmetics or smoking&at the end of each workday.Antiseptic sanitizers shall be used when water sources are not readily available. ■ Use personal protective equipment as worksite conditions warrant. ■ Clean debris from your boots before entering clean areas or enclosed vehicle cabs. ■ Wipe down and clean dust and dirt from the inside of vehicle cabs frequently. • Use vehicle air conditioning during dusty conditions. ■ Designate separate areas for eating and smoking on the site. ■ Do not allow equipment or samples contaminated with or residual debris in designated eating areas. Synagro will provide a portable restroom and hand washing capability for all employees,sub-contractors, and visitors to use while on-site in the event on-site facilities are unavailable. A portable eye-wash station will be provided and available to employees in the event that a stationary unit is unavailable at the site. 5of19 Working Alone Synagro employees will generally be working as a team and typically during daylight hours only.No employee will be required to work alone on this project unless appropriate means of 2-way communication are established and functional. All employees will be in possession of radio communication devices such as 2-way radios or cellphones, in the event needed for emergencies and/or general communications. H dro en Sulfide 2S Safety H2S is a gas which occurs naturally in crude petroleum, natural gas, volcanic gases, and hot springs. It can also result from the bacterial breakdown of organic matter,produced by human/animal wastes,can result from industrial activities, such as food processing, manure processing, compost operations, paper mills, sedimentation ponds/lagoons, tanneries, wastewater treatment plants, sewer piping, landfills, processing and petroleum refineries, etc. The ONLY positive means of H2S detection is a monitor (such as the Gas Alert Clip personal H2S monitor - see below) utilized to detect any presence of harmful or dangerous atmospheres containing hydrogen sulfide. ALL employees working in/around Synagro dredging operations shall be in possession of a personal H2S monitor any time at all times. In the event that a personal H2S monitor detects a positive reading, the monitor shall emit an audible alarm as well as a numeric value displayed in ppm (parts per million). Any employee detecting such alarm will immediately notify their supervisor, attendant or other designated person. If the H2S level reached 10 ppm, orderly evacuation shall commence.Employees shall not work hi any area where H2S levels are at or above a 10-ppm. A self-contained emergency escape breathing apparatus witb/non-tight fitting facepiece(such as North model#NOS850 as shown below)will be available for use while on the dredge and other watercraft. i J., 0 , These SCEEBAs provide a short emergency air supply, typically 10 to 15 minutes only. The hood will be placed over the employee's head per the manufacturer's instructions, and the individual will move to a safe location via relocating the dredge under its own power to safe area, or by evacuating the area utilizing additional watercraft provided on-site. Typically, any employee whom is operating a dredge would be accompanied by an attendant employee. This attendant shall remain in regular contact via visual or radio to ensure operations remain safe. In the event an unacceptable 1128 level is detected or other potential medical emergency requiring assisted evacuation from the watercraft, the alternate employee will enact rescue procedures including emergency personnel being summoned immediately to the scene for assistance. If within close proximity to the impaired worker,the attendant may don their SCEEBA to safely access and retrieve the impaired worker to a safe area onshore. Secondary watercraft shall be available for rescue personnel while on site. i 6of19 SYMPTOMS OF H2S EXPOSURE: SHORT-TERM -Low Levels of H2S: • Eye/skin irritation, sore throat,coughing,shortness of breath,headache,&/or nausea High Levels of H2S_ • Can paralyze diaphragm with only a few breaths, loss of consciousness, multiple bodily systems can be affected,and even DEATH! LONG-TERM • Fatigue,loss of appetite,headaches, irritability Wor memory loss WHAT TO EXPECT AT VARIOUS LEVELS OF MS: [.032 to .9 ppm] Odor threshold;will begin to smell [=/> 10 ppm] Toxic,respiratory protection equipment required [=h 100 ppm] Deadens sense of smell&immediately dangerous to life &health(IDLH) [�I>500 ppm] Attacks respiratory center in the brain causing breathing to stop; (unconsciousness within 15-minutes!) [=/>700 ppm] Rapid loss of consciousness&DEATH! L=1> 1,404 m] Immediate unconsciousness&DEATH if not rom tly revived CHARACTERISTICS OF H2S: • Colorless,flaanmable gas;highly toxic—heavier than air. • Has"Initial"smell of rotten eggs;however: ODOR IS NOT A RELIABLE WARNING? High concentrations of H2S will temporarily destroy ones'sense of smell. • Burns w/BLUE flame;produces Sulfur Dioxide[SO2]when burned) • Remains in the atmosphere for approximately 18-hours • Measured in ppm(parts per million)using detection monitors 7of19 Conveyor Belts and Rotating Parts Conveyor belts and rotating parts have the ability to injure, crush, or amputate body parts and limbs. Personnel will avoid contact with any moving part. Any loose items will be removed before working around moving or rotating equipment.Any moving parts that can be guarded will have an appropriate machine guard installed. Equipment will not be operated without the proper guards in place. Repairs/adjustments will be done with the equipment stopped &Iocked out as appropriate. Slips and Trips Dredging work is an inherently slippery business. Water, polymer and other liquids collect on horizontal surfaces and stairs. Proper housekeeping is the key to preventing injuries of this nature. All floors and stair treads will be kept clean of water, oil, and polymer. Footwear will have good and clean treads. All hoses will be coiled and stored out of the way when not in use.There will be,no running on the site. Cranes/Boom Truck Synagro may utilize a vendor supplied boom truck/fork lift for routine overhead lifting as required on this project. The transfer of equipment such as situating the pump inside the digester, moving chemicals are an example of why this equipment may be used; in addition to hoisting submersible pumps and hoses in/out of areas for routine operations and/or line clearing&maintenance. Operators of the boom truck/Fork Lift will be trained and qualified in its safe use. Scaffolds&Elevated Work Platforms Synagro will not utilize scaffolds or other work platforms during this operation. 8of19 »I« Emergency Response Action Plan Location Specific Hazards&Plan Severe Weather—Seasonal weather as predicted for the duration of the project is expected to be favorable.In the case of a severe weather event(i.e., earthquake, hurricane, tornado, winter storm, lightning,flooding, etc) or other emergency,Synagro employees will use good common sense and the advisement of local emergency or weather officials&information available as necessary. Civil Unrest Violence &/or Robbery-No known issues are evident. Terrorist Threat&/or Attack bomb threat No known issues are evident. Contagious Diseases-No unexpected tlu-eat of bodily harm or disease is anticipated. Evacuation Alarm/Notification ® VERBAL w/ ortable Air-Horn-(for all areas • All Clear Signal: rela ed by Marion Smith/Project Site Su erintendent or desi ee Assembly Point&Responsible Person • Omar Malvaez or desi ee • An evacuation route map will be posted at the site at all times. Procedures • This Emergency Response Action Plan will be discussed,widely publicized and posted to those it affects throughout the designated project area. • All personnel must know exactly what action to take in the event verbal alarm sounds. • A responsible person must be assigned to assembly point(s)to make a"head count". ■ Responsible person is to immediately notify 911 emergency response services,the client and the Project Operations Manager in the event anyone is unaccounted for. • No effort should be made to re-enter evacuated areas to locate missing persons until the "all clear" is sounded. • No one is to leave the property unless told to by responsible authorities. 9of19 Emergmey Contact/Notification List: Synagro employees will follow the procedures outlined in this plan whenever an accident takes place on the jobsite. In addition,VCWRF representatives shall be notified of all incidents. All Synagro vehicles are equipped with a first aid kit and a fire extinguisher (minimum 10-pound, Type ABC). There will also be a larger first aid kit and eye wash station available in the office trailer or portable utility trailer if so equipped. Employee, Subcontractor Contractor Incidents In the event of an incident, the following individuals are to be notified as appropriate given the seriousness of the incident. Media interaction is done on a Synagro corporate level and all inquires are to be forwarded to the Synagro corporate office Corporate Counsel. ALL INCIDENTS-NOTIFY: Synagro Project Operations Manager: Jesus Perez 832 473-2207 Synagro Regional Operations Director: Mark Vine 832 509-9167 Synagro EHS Manager: Frank Foster 850 712-0436 Serious Incidents Wor Media Interaction: Synagro Senior Counsel: Al Sle ian 443 489-9167 Motor Vehicle Accidents: The following individuals are to also be notified in the event a motor vehicle accident occurs while transporting biosolids for this project.) Synagro Project Operations Manager: Jesus Perez 832 473-2207 Synagro Regional Operations Director: Mark Vine 832 509-9167 Synagro EHS Manager: Frank Foster (850) 712-0436 Medical Services: 911 (emergencies) Police Department: 911 (emergencies) Fire Department: 911 (emergencies) 10 of 19 Appendix"A" Synagro Biosolids Spill Plan 11 of 19 Fort Worth TX Digester Cleaning Subject: Biosolids Spill Response Plan Effective Date: December 10, 2017 Approved by: EHS Manager; Last Revision Date: November 6, 2013 Technical Services Manager A copy of this document shall be maintained at all tunes in all transport vehicles carrying biosolids on behalf of Synagro and/or Its subsidiaries and be readily available in the event of a spill. Biosolids Spill Res once Plan Biosolids are non-hazardous and non-toxic. If a spill occurs, there is no need for special equipment or emergency procedures beyond those outlined in this plan. Biosolids are processed solids, primarily organic, that are used for agricultural fertilizers and soil amendments. Biosolids are produced in water reclamation or wastewater treatment plants and transported to farms or to composting facilities. Biosolids spilled onto pavement pose a potential road hazard because they can create wet, slick conditions for motor vehicles, and/or can obstruct traffic flow. If biosolids remain on the surface for a sufficient time they could be a source of potential contamination of nearby storm drains, waterways, or ground water. Biosolids should be thoroughly removed so that no significant residues remain to be washed into any storm drain or waterway by surface water (rain, runoff, etc.). All spilled biosolids must be returned to the trailer from which they spilled, or be loaded into another appropriate transport vehicle and delivered to an approved location. GENERAL INFORMATION A. Biosolids characteristics are: a. Solids content: 2%-95% b. Consistency: Moist:to dry paste or mush up to about 40% solids: dirt-like when solids exceed 45%. Can also be in liquid form. c. Volatile solids: 40%-60+%(percentage of total solids) d. pH: 5— 10,most commonly about 7.5 e. Chemical character:NON-HAZARDOUS -Processed organic residual solids from domestic wastewater treatment facilities,containing nitrogen,phosphorous,trace metals,anal some pathogenic organisms. B. Drivers should make sure they always have the following safety equipment in/on their vehicle at all times while transporting biosolids: a. First Aid Kit b. Reflective triangles c. Fire Extinguisher d. Push Broom(to sweep up debris and biosolids from roadway) e. ,Shovel(use to prevent biosolids from draining into waterways/ditches) C. Personnel cleaning up a spill must follow basic personal hygiene procedures in handling biosolids. a. Wear gloves for shoveling, sweeping, or handling biosolids. b. Wash bands(and,as necessary, arms,face, etc.)with waterless anti-bacterial hand cleaner or mild soap and water following spill clean up and prior to eating or drinking. 12 of 19 QUICK REFERENCE GUIDE TO BIOSOLIDS SPILL CLEANUP PROCEDURES 1) .INFORMATION ABOUT BIOSOLIDS: Biosolids are the non-hazardous organic material remaining from the wastewater treatment process. The material is highly treated, nutrient-rich, mud-like, black/brown in color, organic fertilizing material which is considered Non-hazardous material per EPA and state law. 2) SAFE HANDLING PRECAUTIONS: You may be exposed to biosolids during loading,unloading and spills through inhalation or ingestion.To prevent this,the following precautions are recommended: ➢ Wear personal protective equipment(PPE) recommended during spill cleanup) ➢ Leather gloves ➢ Wash hands with soap after handling biosolids ➢ Boots(optional, but recommended during spill ➢ Disinfect and cover cuts cleanup) ➢ Don't eat,smoke,or chew around biosolids ➢ Liquid repellant coveralls (optional, but 3) MANAGEMENT OF CLEAN UP ACTNiT1ES: CALLS TO MAKE IMMEDIATELY AFTER SPILL- Immediately notify your Supervisor. Independent carriers (IC)must also notify the appropriate Synagro Project Manager immediately.Then notify highway patrol(911)if spill occurred on public right-of-way.Give location and amount of spill to individual(s)contacted. If the spill occurs on State Highways or Interstates,the state DOT offices will most likely take the lead on providing equipment and crew to clean up the spill,however,check with your Supervisor.If possible, SYNAGRO labor and equipment are to be utilized, The Project Manager shall also communicate with the authorities and the public on the scene,answering questions and advising of the clean up activities. If hauling truck and trailer are not disabled- 1. Minimum of 2 laborers (more depending on 3. Dump truck with sand size of spill). 4. Shovels 2. Class B, rubber tire front-end loader (this may 5. Brooms not be required if spill is 2 cubic yards or less). 6. Traffic Cones If hauling truck and/or trailer are disabled- ® Same as above,plus a hauling truck and/or trailer as required. 4) HALT SOURCE OF SPILL: Such as a ruptured container or damaged transport unit.The first SYNAGRO representative (whether IC,operator,or manager)at the scene will begin procedures to halt the spill and initiate clean up activities. 5) CONTAIN SPILL: Form a barrier. Sufficient quantities of straw shall be used for such purposes. Earthen barriers may be constructed to augment the straw bale containment area. The Project Manager or the person in charge on the spill site will advise the clean up personnel where to get the straw or other items necessary to complete the clean up operation, i.e. local farmers,farm supply center,nursery,etc. 6) CLEAN UP: At the spill site the driver and/or clean-u crew shall perform the follgw clean-u rocedures: 1. Park the hauling truck on the side of the road,if possible. 2. Administer emergency first aid,as appropriate,if personal injuries are encountered. 3. Place traffic cones,reflectors,and/or flares to divert traffic around the spill site. 4. Determine the extent of the spill and take photos of spill and final clean-up. 5. Spread sand over and around biosolids to absorb moisture and prevent movement into storm drains or other waterway inlets. 6. Move biosolids into a pile using shovels and brooms. 7. Using the front end loader, reload piled biosolids into the hauler's truck (if not disabled) or into another available truck(if the hauler's truck is disabled). If the trailer is disabled,transfer to new trailer. For very small spills(2 cubic yards or less) use of the front end loader may not be necessary; biosolids can be shoveled into a small truck for transport back to the plant. 9. Final clean-up is by means of shovels and brooms. At no time should any biosolids be hosed down into any storm drains. Do not wash off tools or trucks at the spill location. 9. Cooperate with law enforcement and/or fire department personnel responding to the spill. Inform them of the non- hazardous nature of the spilled material and actions to be carried out according to this plan. 13 of 19 7) FINAL CLEAN UP: Disposal of spilled biosolids following clean-4 shall be as follows: 1, If not disabled,the hauler's truck may proceed to the original destination. 2. Any biosolids that have been loaded into a pick-up truck are to be returned to the Plant and loaded into the next available trailer or taken to the original destination. 3. Following clean-up and disposal of the spilled biosolids, all equipment used for spill response is to be returned to its originating location for cleaning. 4. The ultimate goal will be to restore the spill area to its original condition,if possible. 14 SPILL RESPONSE-NOTIFICATION & RESPONSIBLITIES Driver-The following assumes the driver is unhurt and is able to contact the Facility's Spill Response Coordinator(see definition below). 1. The driver will park the truck on the side of the road if possible and place traffic cones and reflectors to divert traffic around the spill. 2. The driver will remain with the truck and spilled material,unless it is necessary to leave temporarily in order to contact the Facility Spill Response Coordinator. 3. The driver will contact the Facility Spill Response Coordinator immediately. The driver will also complete the"Driver's Vehicle Accident"report form and provide the Spill Response Coordinator with the information on the form to record details of the accident. Be sure to diagram and photograph and describe the accident or spill. 4. The driver will assist with traffic control and clean-up and will NOT leave the scene of any spill,not even a small one,until it is reported to the Spill Response Coordinator and cleaned up.Note: Call the Spill Response Coordinator first;then notify the Dispatcher and/or Project Manager;then call 911. 5. If the spill occurs on State Highways or Interstates,then the state DOT office will most likely take the lead on providing equipment and crew to clean up the spill. However,check with your Supervisor. 6. Do not move equipment if its position is helpful to traffic control or containment unless leaving it where it is will create a hazard. 7. While awaiting police and/or cleanup crew,help the other party(or parties), if safely able to do so. 8. Don't give statements or sign anything other than bona fide papers presented by a law enforcement officer or public health officials. 9. In accidents involving a fatality,don't talk or give any statements until you are represented by an attorney. You have this right by law. 10. Don't admit responsibility or agree to pay for anything. It. Don't argue responsibility for the accident. Be courteous. 12. Contract Hauler Responsibilities-Hauler is required to notify Synagro immediately after a spill and upon completion of clean-up of all spills.Hauler is required to complete and forward a copy of the spill response form to Synagro. Clean-Up Crew-The clean-up crew will perform the following clean-up procedures: I. Place traffic cones,reflectors,and/or flares,as appropriate,to divert traffic around the spill site. 2. Spread sand around biosolids to absorb moisture and prevent movement into storm drains or other waterways. Place sandbags at storm drains and other waterway inlets. Clean un-weathered wheat or other small grain straw can also be used as an absorbent and temporary drain block. 3. Move biosolids into a pile using shovels and brooms. 4. Using the rubber-tired loader or equivalent,reload piled biosolids into the truck,if it isn't disabled, or into a replacement truck for hauling to the appropriate destination. For small spills,use of the loader may not be necessary. Biosolids can be shoveled into a truck for transport to the reuse site. 5. Final clean-up is by means of shovels and broorns for small spills and a street sweeper for larger spills. Pick up all accumulations of biosolids. Police the area and pick up all biosolids. Do not hose down or wash significant amounts of biosolids into any storm drain,drainage ditch, stream,or other waterway. Do not wash off tools or trucks at the spill location. Follow instructions from the local health official(s)on site at the spill location. 15 Spill Res once Coordinator - The Spill Response Coordinator will normally be the Project Manager(s) for the facility of destination. He/she will notify the state police or local jurisdiction officials, the State Department of Transportation, or any other agencies as appropriate, as well as the customer. The Project Manager will also notify the project area Technical Services Manager who will, in turn will notify the County Health Department,EPA or other regulatory agencies. The Spill Response Coordinator assumes complete responsibility for directing all activities associated with the cleanup of a spill. He/she will: 1. Designate and dispatch a clean-up crew plus necessary equipment to the spill site to clean- up the spill and notify the appropriate agencies. 2. Photograph the spill and final clean up. 3. Inform the producing facility's contact person of the spill, as well as the project area's Technical Services Manager and the Regional EHS&T Director. 4. Load spilled biosolids back into the haul vehicle,if it is operable. If the vehicle is unable to complete the trip to the delivery destination, load the spilled material into an alternate vehicle. 5. Dispatch another truck and/or trailer to the spill location if the hauling truck and/or trailer is/are disabled. 6. Dispatch some or all of the following to the spill location: a. Minimum of two-person clean-up crew(more personnel as needed; dependent on size of spill). b. An appropriate rubber-tired loader or equivalent to pick up spilled material(may not be required for a small spill). Coordinator will have discretion to select the most efficient loading option based on equipment availability and spill size. c. Sand and sandbags and/or fresh small-grain straw(e.g.,wheat straw), or alternative absorbents and drain blocking material d. Street sweeper e. Additional shovels,brooms,traffic cones and/or flares 7. Oversee and coordinate retrieval of any damaged or disabled transportation equipment involved in the spill. 8. Contact the project area Technical Services Manager during the clean-up if any unusual situations arise,or if the Spill Response Coordinator requires special assistance. 9. Provide liaison and coordinate with agencies that may respond to the spill whether expressly notified by Synagro or not. Such agencies may include: f. Highway Patrol or State Police g. Local (municipal or county) law enforcement h. Local fire department(s) i. State Department of Transportation j. State Department of Fish and Game k. State Department of Forestry 1. Others as deemed required 10.After clean-up,transport spilled biosolids to the designated use or processing site,whether the original vehicle or a substitute truck/trailer is used. 11. Transport all equipment used for spill response to the wastewater plant or to the destination site, whichever is nearer, for cleaning after completing clean-up and removal of the spilled biosolids. Truck beds and other equipment should be hosed down at the field or the processing site. 12. The ultimate goal will be to restore the spill area to its original condition, if possible. 16 FOLLOW UP NOTIFICATION AND REPORTS Additional responsibilities of the Spill Response Coordinator require that he/she: 1. Notify the Senior Operations Manager immediately following completion of the spill clean- up, and ensure the load data and spill response section of the "Driver's Vehicle Accident Report" is completed, 2. Inspect the site after clean-up and attest to the adequacy of the clean-up. Take necessary photos. 3. Maintain a log of pertinent information about the biosolids spill. 4. Complete a descriptive incident report and forward copies to the Regional Vice President, EHS&T Manager,project area Technical Services Manager and the producing plant's contact person within 24 hours of any spill. 5. Immediate Notification: Synagro must notify the affected Plant Superintendent in the event of a spill if 1) someone is seriously injured or killed, 2) if there is a public health concern, 3) if 2 tons or more is spilled or(4) if there is media coverage of the spill. 6. The project area Technical Services Manager will complete and transmit the required information to the appropriate regulatory agency, within five (5) days of spills involving entry of biosolids into storm drains (unless other requirements supersede this time-frame) and include the following additional information: a. Waterways or ground water affected b. Written confirmation of the previous telephone notifications 17 IN CASE OF SEVERE EMERGENCY: DIAL 911 Name Area of Responsibility Phone Number Jesus Perez Project Operations Manager Mobile: 832-473-2207 Omar Malvaez Project Site Superintendent Mobile: 903-51200272 Fort Worth Project Clay Cox Regional Operations Director Mobile: 281-381-9631 South Region Mark Vine Area Operations Director Mobile: 832-509-9167 Texas, Louisiana, Oklahoma Rod Grant Operations Manager Mobile: 512-745-4051 Austin,TX Chuck Simmons Technical Services Director Mobile: 256-565-3374 South Frank Foster EHS Manager Mobile: 850-712-0436 Southeast Jeff Faust Environmental Compliance Office: 443-489-9001 Director Synagro EMERGENCY CONTACT LIST i8 ' Date: Local Project Manager Name: RECEIPT OF ACKNOWLEDGEMENT: By signing below, I hereby acknowledge that I have received a copy of the Synagro Biosolids Spill Response Plan and understand that I am to carry a copy of this plan at all times while transporting biosol ids on behalf of Synagro. Driver's Name Motor Carrier Name Signature 1 2 3 4 D 6 7 8 9 10 11 12 13 14 Once signed,please return this form to EHS&T Manager for recordkeeping. 19 i ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY (executed copy attached behind this page) ITB 19-0128 Anaerobic Digester Cleaning and Solids Disposal Page 10 of 10 Contractor Services Agreement ATTACHMENT C VERIFICATION OF SIGNATURE AUTHORITY FORM Contractor: 3IN VIln.U T fE X 1 t c� CN, 111V . Address: q?)Fl M LL 1 W S t�bW--1 ? 'Rrf I U City.state.zip:eAITIV 6 t r Or) Execution of this Signature Verification Form ("Dorm") hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution,ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. 1. Name:E L.[jfit�(-T11 qvX �mt..Position: �. 2 ,y Signature 2. Name: Position: Signature 3. Narne: Position: Signature Name: t •_F ,—FoQ Signature of President/CEO Other Title: Date: ]TS 10-0128 Anaerobic Digester Cleaning and Solids Disposal Page 6 0 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas �* 7 l'{iMlll I REFERENCE **M&C 19- 13P19-0128 ANAEROBIC DATE: 8/20/2019 NO.: 0057 LOG NAME: DIGESTER CLEANING SRVCS SKR WATER CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Purchase Agreement with Synagro of Texas-CDR Inc., for an Annual Amount Up to $500,000.00 for Anaerobic Digester Cleaning Services and Authorize Five One-Year Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Purchase Agreement with Synagro of Texas- CDR, Inc., for an annual amount up to $500,000.00 for anaerobic digester cleanning services and authorize five one-year renewal options for the Water Department. DISCUSSION: The Water Department approached the Purchasing Division to procure annual Agreement for anaerobic digester cleaning services for Village Creek Water Reclamation Facility. The City of Fort Worth maintains the Village Creek Water Reclamation Facility (VCWRF), a large advanced wasterwater treatment plant that is located adjacent to several neighborhoods and parks in far east Fort Worth and north Arlington. Odor Control and abatement strategies are necessary in order to comply with permit requirements and nuisance odor regulations. VCWRF continually operates 14 anaerobic digesters to treat and reduce the volume of biosolids to be sent to the dewatering facility. Some of the digesters have been in continuous operation for 20 or more years, accumulating solids which take away usable treatment volume, reduce the amount of digester gas generated that can be converted to renewable natural gas (RNG), and impact the quality of biosolids sent for dewatering and land application impacting the quality of biosolids sent for dewatering and land application. Periodically cleaning the solids from the digester tanks removes untreatable materials and allows for inspection and maintenance of internal components that are otherwise inaccessible. In order to procure these goods, Staff issued an Invitation to Bid (ITB) to 10 related vendors. The ITB consisted of detailed specifications describing services associated with the cleaning and disposal of accumalated solids from an anaerobic digester at Village Creek Water Reclamation Facility. The Bid was advertised in the Fort Worth Star-Telegram on May 7, 2019, May 14, 2019 and May 21,2019. The City received four bids responses. The Water Department anticipates expenditures with Synagro-CDR Inc., to be in the amount of $500,000.00 for the first term. No guarantee was made that a specific amount of services would be purchased and used. M/WBE OFFICE -A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the Office of Business Diversity (OBD), in accordance with the MIWBE or BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS - Upon City Council approval, the first term of the Agreement shall begin on August 20, 2019 and end on September 30, 2020. RENEWAL TERMS- This Agreement may be renewed for up to five additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27205&councildate=8/20/2019 8/26/2019 M&C Review Page 2 of 2 Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. City staff anticipates that the costs for renewal years shall be approximately $500,000.00 per renewal term. FISCAL INFO RMATIONICERTIFICATION: The Director of Finance certifies that upon approval of the recommendations, funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund and that, prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. BQNII TO __ _ Fund Department Account Project Program Activity Budget Reference# Amount ID e ID Year Year 2} F'RONi Fund Department Account Project Program Activity Budget Reference# Amount ID ID LYear (Chartfield 2) Submitted for City Manager's Office by: Kevin Gunn (2015) Originating Department Head: Reginald Zeno (8517) Additional Information Contact: Cynthia Garcia (8525) Steven Rathers (2057) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=27205&councildate=8/20/2019 8/26/2019