HomeMy WebLinkAboutContract 52804 RECEIVEb CSC No.52804
SEP 2 0 2019
CITY0FF0RT
CITYSECRETARY
STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS
COUNTY OF TARRANT §
ANNUAL CONTRACT FOR PACKAGING, TRANSPORTATION, AND DISPOSAL
OF HAZARDOUS, SPECIAL, AND SOLID WASTE
ENV 19-04: CITY-GENERATED HAZARDOUS WASTE DISPOSAL
This Contract is entered into by and between the City of Fort Worth ("City"), a home-rule
municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting
through Valerie Washington, its duly authorized Assistant City Manager, and Tradebe
Environmental Services, LLC, by Craig Mooneyham, its duly authorized SE Regional
Operations Manager. City and Contractor may be referred to herein individually as a
Party, or collectively as the Parties.
In consideration of the mutual promises and benefits of this Agreement, the City and the
Contractor agree as follows:
1.
DEFINITIONS
City means the City of Fort Worth.
Change Order means an officially authorized and executed written modification or
amendment to this contract, issued by the City.
Contract Documents shall consist of the written, printed, typed and drawn instruments
which comprise and govern the performance of the work. Said Contract Documents
include, but are not limited to this contract, all bid documents, the Request for Proposals,
Invitation to Bid, instructions to bidders, special instructions to bidders, addenda to the
notice to bidders, proposal, plans, specifications, maps, blueprints, notice of award,
general conditions, special conditions, supplementary conditions, general provisions,
special provisions, work order(s), change orders, any contract amendments and the
payment, performance and maintenance bonds, or other such similar documents. The
Contract Documents shall also include any and all supplemental agreements approved
by the Owner which may be necessary to complete the work in accordance with the intent
of the plans and specifications in an acceptable manner, and shall also include the
additional instruments bound herewith.
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and SOlIX11GlAL RECORD
Tradebe Environmental Services, LLC a y WRMW
FT. 'WORTH, TX
Contractor means Tradebe Environmental Services, LLC
Environmental Requirements shall mean all applicable present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health or
the environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants, contaminants
or hazardous or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the air, surface water, groundwater, storm water, or land,
or relating to the manufacture, processing, distribution, use, treatment, storage,
disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and safety of employees
or the public.
Hazardous Waste is defined as any solid waste listed as hazardous or that possesses
one or more hazardous characteristics as defined in federal waste regulations (40 CFR
§261).
Notice to Proceed means the letter issued by the City that authorizes Contractor to begin
work. It also authorizes future invoices to be paid.
Profile Sheet means a standard Tradebe, Generator's Waste Profile Sheet executed by
City.
Services means analytical, collection, management, treatment, remediation,
transportation, disposal and recycling services and such other services which Tradebe
may perform from time to time with respect to City's waste materials.
Solid Waste means any garbage, rubbish, recyclables, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility, and other discarded
material, including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, municipal, commercial, mining, and agricultural operations, and from
community and institutional activities, but does not include:
1. Solid or dissolved material in domestic sewage, or solid or dissolved material in
irrigation return flows, or industrial discharges subject to regulation by permit
issued pursuant to the Texas Water Code, Chapter 26;
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2. Soil, dirt, rock sand, and other natural or man-made inert solid materials used to
fill land if the object of the fill is to make the land suitable for the construction of
surface improvements; or
3. Waste materials which result from activities associated with the exploration,
development, or production of oil and gas and are subject to control by the Railroad
Commission of Texas.
Special Waste is a waste that requires special handling, trained people, and/or special
disposal methods. A waste may be a special waste because of its quantity,
concentration, or physical, chemical, or biological characteristics. Special waste is
defined in 30 TAC 330.3(148) and described further in 330.171 and 330.173. Examples
of special waste include:
• Class 1 nonhazardous industrial waste
• Untreated medical waste
• Hazardous waste from conditionally exempt small-quantity generators
• Municipal and domestic water and wastewater treatment plant sludges
• Septic tank pumpings
• Grease and grit trap wastes
• Slaughterhouse wastes
• Dead animals
• Drugs, contaminated foods, or contaminated beverages (other than those
contained in normal household waste)
• Pesticide containers
• Discarded materials containing asbestos
• Incinerator ash
• Contaminated soils
• Waste from oil, gas, and geothermal activities subject to regulation by the
Railroad Commission of Texas when those wastes are to be processed, treated,
or disposed of at a MSW facility
• Certain wastes generated outside the boundaries of Texas
• Other wastes that may be special wastes in some cases (for example, sorbent
materials, blast media, diseased plants)
Subcontract means a contract between the Contractor for this project and another person
for any complete task defined in the scope of work. A purchase order is also considered
a subcontract.
Work Assignment or Task Order means a letter sent to the Contractor via facsimile
transmission or by email by the City to the Contractor, specifying work to be done by
Contractor pursuant to the terms of this contract.
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2.
SCOPE OF CONTRACTOR'S SERVICES
Contractor hereby agrees to perform as an independent contractor the services set forth
in the Scope of Work attached hereto as Attachment "A".
3.
COMPENSATION
Section 1.
Fee Schedule.
City agrees to pay Contractor for its services on a unit price basis as delineated in the
Contractor's Response to the RFP included herein as Attachment B. City and Contractor
agree that the total cost of this Agreement shall not exceed One Hundred Fifty Thousand
Dollars ($150,000) per annual agreement term. .
There is no guarantee of a minimum amount of work or compensation to be awarded
under this contract.
City shall not pay for any work performed by Contractor or its subcontractors, and/or
suppliers that has not been specifically ordered by the City in writing by Task Order or
Work Assignment pursuant to the terms of this contract or duly authorized modification.
Contractor shall not be compensated for any work that is verbally ordered by any person
and shall rely only upon written authorization to conduct work.
City and Contractor agree to the unit prices, employee labor rates, and other costs as
specified in this contract. Contractor shall be compensated in accordance with the
Schedule shown in Attachment "B". Payment shall be considered full compensation for
all labor, materials, supplies, and equipment necessary to complete the services
described in Attachment "A".
Section 2.
Release Upon Payment
Acceptance by Contractor of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act or
omission of the City in connection with such services.
Section 3.
Invoice and Payment.
Contractor's invoices must contain the following information:
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• unit and total prices for transportation, disposal and recycling plus any charges for
supplies, equipment, and purchased services if such are required; and
• the total cost of all work assignments to date and the amount remaining in the
Agreement.
Payment for services rendered shall be due within thirty (30) days of the uncontested
performance of the particular services so ordered and receipt by City of Contractor's
invoice for payment of same. In the event of a disputed or contested billing, only that
portion so contested may be withheld from payment, and the undisputed portion will be
paid. No interest will accrue on any contested portion of the billing until mutually resolved.
City will exercise reasonableness in contesting any billing or portion thereof.
4.
TERM
Unless terminated pursuant to the terms herein, this contract shall commence on the date
the contract is fully executed by all parties unless otherwise stipulated in the Notice of
Award Letter, and contingent upon the completion and submittal of all required pre-award
documents; and shall continue for a period of twelve (12) months. However the term of
this contract may be extended by the duly authorized written agreement for up to four (4)
additional twelve (12) month periods for a total of sixty (60) months. The contract prices
resultant from this solicitation shall prevail for the full duration of the initial contract term.
For subsequent renewals all conditions, terms, and pricing shall remain the same as
stated in the original contract unless otherwise agreed upon in writing by both parties.
5.
INDEPENDENT CONTRACTOR
Contractor shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Contractor shall have exclusive control of and
the exclusive right to control the details of its work to be performed hereunder and all
persons performing same, and shall be solely responsible for the acts and omissions of
its officers, agents, employees, contractors and subcontractors. The doctrine of
respondeat superior shall not apply as between City and Contractor, its officers, agents,
employees, contractors, and subcontractors, and nothing herein shall be construed as
creating a partnership or joint venture between City and Contractor.
6.
INDEMNIFICATION
A. Definitions. The following words and phrases shall be defined as follows:
1. "Environmental Damages" shall mean all damages, losses, diminished
values, claims, judgments, penalties, fines, liabilities, encumbrances, liens,
costs, expenses of investigation, and the defense of claims, whether or not
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such claims are ultimately defeated, or results in a judgment or order, or is
resolved by a good faith settlement, such as, direct or, tangible or,
compensatory, exemplary, or punitive, economic or otherwise, matured or
unmatured, foreseeable or unforeseeable, to the City and any third parties,
including reasonable attorney's and consultant's fees, any of the foregoing
which are incurred as a result the Contractor's work, or due to negligence,
or arising from a violation of any Environmental Requirements, or arising
from strict liability, or an intentional tort, and whether any of the foregoing
are attributable to the Contractor, a Subcontractor, a vendor, employee,
agent, successor, or assignee, , and including by way of example but not
limited to:
a. Damages for personal injury or death, pain and suffering, mental
or emotional distress, injury to property of any kind or to natural
resources, environmental contamination, or the loss of use or value
of property;
b. Reasonable fees incurred for the services of attorneys,
consultants, engineers, contractors, experts, laboratories, and
investigators related to any studies, cleanup, remediation, removal,
response, abatement, containment, closure, restoration,
monitoring work, civil or criminal defense, or the recovery of any
other costs; and
c. Liability, claims, orjudgments to any third persons or governmental
agencies in connection with the items referenced herein.
d. Fines, penalties, costs, agreed orders, or settlements to any
federal, state, or local government for violations of environmental
laws, permits, standards, or regulations.
2. However, the above indemnification shall not apply to the extent any
losses, damages, liabilities, or expenses do not materially result from or
arise out of any negligence or willful misconduct of the Contractor.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE
CONTRARY, THE OBLIGATION TO INDEMNIFY SHALL NOT EXTEND
TO CLAIMS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
3. "Environmental Requirements" shall mean the allowable or permissible
levels, concentrations, or amounts of materials; all applicable present and
future statutes, regulations, rules, permits, plans, or authorizations of all
governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions
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thereof; and all applicable judicial, administrative, and regulatory decrees,
judgments, and orders; and all common law causes of action; all of the
above relating to the protection of human health or the environment and
being inclusive of, but not limited to:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, facilities, sites, operations,
emissions, discharges, releases, or threatened releases of wastes,
substances, materials, pollutants, contaminants, hazardous
wastes, petroleum products, toxic substances, materials, or other
any other regulated or harmful substances whether solid, liquid, or
gaseous into the air, surface water, groundwater, stormwater, or
land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of elements,
compounds, materials, substances, pollutants, contaminants, or
hazardous or toxic materials, substances, or wastes, whether solid,
liquid, or gaseous in nature; and
b. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, facilities, sites, operations,
emissions, discharges, releases, or threatened releases of
radioactive materials or radiation or electromagnetic fields.
c. All requirements pertaining to the protection of the environment,
natural resources, the health and safety of employees or the public;
and
d. Citizen suits authorized by any federal or state law; and
e. All common law causes of action related to health, safety, natural
resources, and the environment.
B. Environmental Indemnification. CONTRACTOR AGREES TO INDEMNIFY,
HOLD HARMLESS, RELEASE, REIMBURSE, AND DEFEND, THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES AGAINST:
1) ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE
RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED
HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING
STRICT LIABILITY) AND
2) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO
ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING
ANY ACTS, OMISSIONS, OR LIABILITIES (INCLUDING STRICT LIABILITY).
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C. General Indemnification. CONTRACTOR AGREES TO INDEMNIFY,
RELEASE, HOLD HARMLESS, REIMBURSE, AND DEFEND, THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST DAMAGES,
LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION THAT
ARISE FROM OR RELATE TO OPERATIONS UNDER THIS AGREEMENT
WHETHER SUCH ARE CAUSED BY ANY ACT OR OMISSION OF
CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS, SUCCESSORS, ASSIGNS, OR THE CITY, AND
WHETHER ARISING FROM NEGLIGENCE, INTENTIONAL TORT, VIOLATION
OF A LAW OR OF A DUTY TRIGGERING STRICT LIABILITY, OR BY THE
INFRINGEMENT OF ANY PERSON'S PROPERTY, LEGAL, OR
CONSTITUTIONAL RIGHT.
D. EXPRESS NEGLIGENCE: SUBJECT ONLY TO THE LIMITATIONS PROVIDED
BY SECTION 2254.0031 OF THE TEXAS GOVERNMENT CODE, IT IS THE
INTENTION OF THE PARTIES THAT THE TERMS OF THIS INDEMNITY
AGREEMENT, INCLUDING THE GENERAL AND ENVIRONMENTAL
INDEMNITY PROVISIONS, SHALL APPLY EVEN IF CAUSED, IN WHOLE OR
IN PART, BY THE CITY OF FORT WORTH OR ITS EMPLOYEES, AGENTS,
OFFICERS, OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER
PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT
WORTH.
However, the above indemnification shall not a )ply to the extent any losses,
damages, liabilities, or expenses that do not materially result from or arise out of
any negligence or willful misconduct of the Contractor. NOTWITHSTANDING
ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE OBLIGATION TO
INDEMNIFY SHALL NOT EXTEND TO CLAIMS FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
E. The obligations of the Contractor related to this general and environmental
indemnification shall include, but not be limited to, the burden and expense of
reimbursing the City for all fees and costs for defending claims, suits, and
administrative proceedings, even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any description,
and paying and discharging, when and as the same become due, judgments,
settlements, penalties or other sums due against such indemnified persons.
F. Upon learning of a claim, lawsuit, or other liability which Contractor is required
hereunder to indemnify, contractor shall provide City with timely notice of same.
G. The obligations of the Contractor related to this indemnification shall survive the
expiration or termination of this Agreement and the discharge of all other
obligations owed by the parties to each other hereunder.
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7.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the term of this Contract. Prior to commencing work,
the Contractor shall deliver to City, certificates documenting this coverage. The City may
elect to have the Contractor submit Declaration pages for the requested coverages for
inspection.
A. Insurance coverage and limits:
1. Commercial General Liability Insurance
$1,000,000 each occurrence; $2,000,000 aggregate
2. Automobile Liability Insurance
Coverage on vehicles involved in the work performed under this contract:
$1,000,000 per accident on a combined single limit basis or: $500,000 bodily injury
each person; $1,000,000 bodily injury each accident; and $250,000 property
damage.
The named insured and employees of Contractor shall be covered under this
policy. The City of Fort Worth shall be named an Additional Insured, as its interests
may appear. Liability for damage occurring while loading, unloading and
transporting materials collected under the Contract shall be included under this
policy.
3. Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease -each employee
4. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 in
aggregate and per pollution condition. EIL coverage(s) must be included in policies
listed in subsection 1 above; or, such insurance shall be provided under separate
policy(s). Liability for damage occurring while loading, unloading and transporting
materials collected under the contract shall be included under the Automobile
Liability insurance or other policy(s).
5. NOTE: BETWEEN 1 AND 4 ABOVE, ANY POLLUTION EXPOSURE,
INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH
THE SERVICES AND OPERATIONS PERFORMED UNDER THIS CONTRACT
SHALL BE COVERED; IN ADDITION TO SUDDEN AND ACCIDENTAL
CONTAMINATION OR POLLUTION, LIABILITY FOR GRADUAL RELEASES,
SPILLS, OR EMISSIONS AND ALL CLEAN-UP COSTS SHALL BE COVERED.
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B. Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with the
Contract.
1. Applicable policies shall be endorsed to name the City an Additional Insured
thereon, as its interests may appear. The term City shall include its employees,
officers, officials, agents, and volunteers as respects the Contracted services. .
2. Certificate(s) of Insurance shall document that insurance coverage specified
herein are provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements.
4. A minimum of thirty (30)days' notice of cancellation or material change in coverage
shall be provided to the City. A ten (10) days' notice shall be acceptable in the
event of non-payment of premium. Such terms shall be endorsed onto Contractor's
insurance policies. Notice shall be sent to Department of Financial Management
Services - Risk Management Division, City of Fort Worth, 200 Texas Street, Fort
Worth, Texas 76102.
5. Insurers for all policies must be authorized to do business in the state of Texas or
be otherwise approved by the City; and, such insurers shall be acceptable to the
City in terms of their financial strength and solvency.
6. Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the City in its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through insurance pools or risk
retention groups must be also approved. Dedicated financial resources or Letters
of Credit may also be acceptable to the City.
7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of
the City as respects the Contract.
8. The City shall be entitled, upon its request and without incurring expense, to review
the Contractor's Declaration pages including endorsements thereto.
9. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions.
10.. The City shall not be responsible for the direct payment of any insurance premiums
required by the contract. It is understood that insurance cost is an allowable
component of Contractor's overhead.
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11. All insurance required above shall be written on an occurrence basis in order to be
approved by the City with the exception of its Contractor's Pollution Legal Liability
and Professional coverage which is on a claims made coverage.
12. Subcontractors to the Contractor shall be required by the Contractor to maintain
the same or reasonably equivalent insurance coverage as required for the
Contractor. When subcontractors maintain insurance coverage, Contractor shall
provide City with documentation thereof on a certificate of insurance.
Notwithstanding anything to the contrary contained herein, in the event a
subcontractor's insurance coverage is canceled or terminated, such cancellation
or termination shall not constitute a breach by Contractor of the contract.
8.
BONDS
A. Payment and Performance Bonds. Before beginning the work on any Public Works
Contract as defined in TX. Loc. Gov't. Code Section 2253, the Contractor shall be
required to execute to the City of Fort Worth, a payment bond if the contract is in
excess of $25,000, and a performance bond if the contract is in excess of
$100,000. The payment bond is solely for the protection and use of payment bond
beneficiaries who have a direct contractual relationship with the Contractor or
subcontractor to supply labor or material; and in 100% the amount of the Contract.
The performance bond is solely for the protection of the City of Fort Worth; in 100%
the amount of the Contract; and conditioned on the faithful performance by
Contractor of the work in accordance with the plans, specifications, and contract
documents. Contractor must provide the payment and performance bonds, in the
amounts and on the conditions required, within 14 calendar days after Notice of
Award.
B. Requirements for Sureties. The bonds shall be issued by a corporate surety duly
authorized and permitted to do business in the State of Texas that is of sufficient
financial strength and solvency to the satisfaction of the City. The surety must meet
all requirements of Article 7.19-1 of the Texas Insurance Code. All bonds furnished
hereunder shall meet the requirements of Chapter 2253 of the Texas Government
Code, as amended.
In addition, the surety must (1) hold a certificate of authority from the United States
Secretary of the Treasury to qualify as a surety on obligations permitted or required
under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the
state of Texas and is the holder of a certificate of authority from the United States
Secretary of the Treasury to qualify as a surety on obligations permitted or required
under federal law. Satisfactory proof of any such reinsurance shall be provided to
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the City upon request. The City, in its sole discretion, will determine the adequacy
of the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent
on any bonds or which are interested in any litigation against the City. Should any
surety on the Contract be determined unsatisfactory at any time by the City, notice
will be given to the Contractor to that effect and the Contractor shall immediately
provide a new surety satisfactory to the City.
9.
WARRANTY
Contractor shall perform and warrant that all work and work products shall conform to that
degree of skill, care, quality, and diligence as provided by other highly competent
providers and practitioners in the state of Texas, under similar circumstances, and taking
into consideration the contemporary state of the art in the field. Approvals or payments
by the City or another entity shall not constitute or be deemed to be a release of the
responsibility and liability of Contractor or its officers, agents, employees, contractors and
subcontractors for the adequacy and competency of its services performed hereunder.
10.
DEFAULT AND TERMINATION
A. Contractor shall not be deemed to be in default because of any failure to perform
in a timely manner under this contract, if the failure arises from acts of God, acts
of the public enemy, fires, epidemics, quarantine restrictions, labor strikes, freight
embargoes, and unusually severe weather, except however that Contractor shall
take all reasonable measures to mitigate any delays and costs. The City in all
circumstances reserves the right to obtain performance of the services anticipated
by this contract from another Contractor at its sole discretion for any reason and
such an act will not be deemed to be a breach by the City.
B. If the failure to perform is caused by the failure of a subcontractor of Contractor's
to perform, and if such failure was beyond the control of both the Contractor and
the subcontractor, without their fault or negligence, Contractor shall not be deemed
to be in default unless the subcontracted supplies or services were reasonably
obtainable from other sources.
C. If Contractor fails to begin work herein provided for within the time specified
above, or to complete such work within the time specified above, within the true
meaning of this contract, City shall notify the Contractor of the dispute and the City and
the Contractor agree to first use the following process to resolve disputes about issues
related to the performance of this contract. If an issue arises requiring resolution, either
party shall initiate this dispute resolution process by notifying the other party and
scheduling a meeting. The meeting shall serve as a fact finding opportunity to identify
the issue, clarify the problem, review the applicable contract provisions relating to the
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issue, discuss alternative remedies, and agree upon a means of dispute resolution. The
parties shall make a good faith effort to complete the agreed-upon tasks within thirty
(30) days of the initial dispute resolution meeting, or specify an alternative schedule and
deadline for resolving the issue. Nothing in this section shall be construed or implied to
reduce, eliminate or otherwise affect the rights of City or the Contractor to use any and
all other means of legal remedies. The City retains
the right to take charge of and complete the work in such a manner as it may deem
appropriate. If City exceeds the costs detailed in the attached documents, City may
deliver to Contractor a written itemized statement of the total excess costs, and
Contractor shall reimburse City for such excess costs without delay.
D. Alternatively, if at any time during the term of this contract the work of Contractor
fails to meet the specifications of the contract documents, City may notify
Contractor of the deficiency in writing. Failure of Contractor to correct such
deficiency and complete the work required under this contract to the satisfaction
of City within ten days after written notification shall result in termination of this
contract. All reasonable costs and attorney's fees incurred by City in the
enforcement of any provision of this contract shall be paid by Contractor.
E. City may terminate this Contract with or without cause upon written notice to
Contractor, provided that such termination shall be without prejudice to any other
remedy the City may have. In the event of termination, any work in progress will
continue to completion unless specified otherwise in the notice of termination. The
City shall pay for any such work in progress that is completed by Contractor and
accepted by the City.
F. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this contract.
11.
LICENSES AND PERMITS
Contractor certifies and warrants that on the day any work is to commence under this
contract and during the duration of the contract it shall have and maintain all of the current,
valid, and appropriate federal, state, and local 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
contract, that such subcontractor shall have and maintain all of the current, valid, and
appropriate federal, state, and local licenses and permits necessary for the provision of
services under this contract.
12.
OBSERVE AND COMPLY
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Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
13.
MODIFICATION
No amendment or modification of this Contract shall be binding on the Contractor
or the City unless set out in writing and signed by both parties. No amendment or
modification shall be binding upon the City unless signed by the City Manager or an
Assistant City Manager of the City of Fort Worth. Any changes to the scope of work or
compensation must be in the form of a written, formal, authorized modification of this
contract that is in accordance with all applicable state and city laws, regulations, and
ordinances.
In no event shall any verbal authorization changing the scope of work or verbal
agreements for additional compensation be binding upon the City. Contractor expressly
agrees a) not to make changes to its legal, financial, or logistical position on any matter
based on any oral representation by an employee, contractor, or agent of the City prior to
obtaining a written modification to this contract; b) that it waives any claim based upon
reliance or estoppel as a result of acting or not acting due to an alleged oral change to a
material term of this contract from the City, its employees, contractors, or agents; and c)
that it waives any claim for compensation for work performed based upon an alleged oral
change to a material term of this contract from the City, its employees, or agents.
14.
RIGHT TO AUDIT
City and Contractor agree that, until the expiration of three (3) years after the final
payment under this Contract, the City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this Contract after providing in writing reasonable advance notice
of such intent to do. Contractor further agrees to include in all its subcontracts hereunder
a provision to the effect that the subcontractor agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access to
papers and records of such subcontractor involving transactions relating to the
subcontract. The term "subcontract" as used herein includes purchase orders.
15.
MINORITY AND WOMAN BUSINESS ENTERPRISE
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 14 of 32
(M/WBE) PARTICIPATION
In accordance with City Code of Ordinances, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Contractor acknowledges that no M/WBE goal has been established for this
Agreement. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Contractor may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not
less than three (3) years.
16.
NON-DISCRIMINATION
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article III of the Code of the City of Fort Worth.
Contractor agrees not to discriminate against any employee or applicant for employment
because of because of age, race, color, religion, sex, disability, national origin, sexual
orientation, transgender, gender identity or gender expression in any manner involving
employment, including the recruitment of applicants for employment, advertising, hiring,
layoff, recall, termination of employment, promotion, demotion, transfer, compensation,
employment classification, training and selection for training or any other terms,
conditions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed by
or on behalf of this contract, that Contractor is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
17.
GOVERNING LAW
The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
18.
SEVERABILITY
The provisions of this contract are severable; and if for any reason any one or more of
the provisions contained herein are held to be invalid, illegal or unenforceable in any
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 15 of 32
respect, the invalidity, illegality or unenforceability shall not affect any other provision of
this contract, and this contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the contract.
19.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by either
party of any provision or condition of the contract shall not be construed or decreed to be
a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent
breach of the same provision or condition, unless such waiver be expressed in writing by
the party to be bound.
20.
VENUE AND JURISDICTION
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. Contractor affirms that it is subject-to the jurisdiction of said Courts
and will not contest jurisdiction or venue as specified herein having consented in this
agreement with full prior knowledge as to forum.
21.
NOTICES
Any notices, bills, invoices or reports required by this contract shall be sufficient if sent by
the parties in the United States mail, postage paid, to the address noted below:
If to the City: Cody Whittenburg- Program Manager
Code Compliance Departmenit — Environmental Division
City of Fort Worth
200 Texas
Fort Worth, Texas 76102-6311
If to the Contractor: Craig Mooneyham
SE Regional Operations Manager
Tradebe Environmental Services, LLC
1433 E 83rd Ave, Suite 200
Merrillville, IN 46410
Phone: (800) 388-7242
Fax: (219) 769-6019
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 16 of 32
22.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract without
written consent of the City, with the exception that Contractor may assign all it rights and
responsibilities to another company within its Group of Companies, after providing written
notice to the City. Nothing herein shall be construed as creating any personal liability on
the part of any officer or agent of the City, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the City and Contractor.
If Contractor desires to subcontract any service(s) to be performed under this contract,
Contractor agrees to obtain the City's written acceptance of such subcontractor(s) before
allowing any subcontractor(s) to perform designated service or services. Failure of the
Contractor to obtain the City's written acceptance of any and all of the Contractor's
subcontractors used in the performance of this agreement shall be grounds for automatic
termination. In addition, Contractor acknowledges that City may, at City's own discretion,
perform on-site audits of all proposed subcontractors' facilities in order to determine
acceptability of the Subcontractor(s).
23.
NO THIRD-PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own
contracts or commitments.
24.
CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto. The paragraph
headings contained herein are for the convenience in reference and are not intended to
define or limit the scope of any provision of this Contract.
25.
ENTIRETY AND CONFLICTS
This contract, the Contract Documents, and any other documents incorporated by
reference herein are binding upon the parties and contain all the terms and conditions
agreed to by the City and Contractor, and no other contracts, oral or otherwise, regarding
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 17 of 32
the subject matter of this contract or any part thereof shall have any validity or bind any
of the parties hereto. In the event of any conflict between this contract and any other
Contract Documents, then the terms of this contract (or its most recent duly authorized
and executed contract amendment) shall govern.
26.
AUTHORITY AND EXECUTION
By signing this contract Contractor warrants that it has had the opportunity 1) to examine
this contract in its entirety, 2) to have its legal counsel examine and explain the content,
terms, requirements, and benefits of this contract if Contractor so chooses, and 3) to
negotiate the terms of this contract within the bounds of applicable law.
Having had the opportunity to submit its bid and also to specifically negotiate the terms
of this contract, Contractor agrees to be bound by this contract and expressly agrees to
the terms of this contract, including terms that may vary from those of the Invitation to Bid
or the Contractor's proposal.
The signatory to this contract represents that he or she is legally authorized by the
Contractor to enter into a binding agreement on behalf of the Contractor.
27.
PROFILE SHEET
City warrants that the Profile Sheet will contain a true and correct description of City's
Waste Material and that such Waste Material will conform to this description. If the Waste
Material does not conform to the descriptions in the Profile Sheet ("Non-conforming
Waste"), Tradebe can, at its option, recategorize and dispose of the waste, return the
Waste Materials to City, or require City to remove and dispose of the Non-conforming
Waste at City's expense, and reimburse Tradebe for any reasonable expenses it may
have incurred, in accordance with the rates in Attachment B. In the event Tradebe
performs services on premises owned or controlled by City, City will provide Tradebe with
a safe workplace, and if Tradebe requests that work areas be secured, City will be solely
responsible for securing such work areas and for preventing anyone other than the
designated personnel from entering the designated work ,areas.
This portion of page left intentionally blank.
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 18 of 32
ANNUAL CONTRACT FOR PACKAGING, TRANSPORTATION, AND DISPOSAL
OF HAZARDOUS, SPECIAL, AND SOLID WASTE
ENV 19-04: CITY-GENERATED HAZARDOUS WASTE
IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort
Worth, Texas, on the dates written below.
CITY OF FORT WORTH CONTRACTOR
TRADEBE ENVIRONMENTAL SERVICES,
LLC
4'a Tglw��
B alerie Washington!S�n 1.8.2019) BY'ferrence Healy(Sep 13,2019
Valerie Washington Craig Mooneyham
Assistant City Manager SE Regional Operations Manager
Date Signed: Sep 18,2019
RECOMMENDED: WITNESS:
.-) .,/
Cody hittenburg(Sep H,2019 - Ranahan 5
Cody Whittenburg Brian Ranahan
Program Manager
Code Compliance - Environmental
Date Signed: Sep 17,2019
APPROVED AS TO FORM
AND LEGALITY:
Chrisfia R. Lonez-Reynolds
Christa R,lop heyno ds(Sep 18,2019)
Christa Lopez-Reynolds
Senior Assistant City Attorne FORT
A TE T
Mary J. Kayser '
City Secretary
CITY OF FORT WORTH
CONTRACT COMPLIANCE MANAG
By signing I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements. 1
OFFICIAL RECORD
Roger Grantham(Sep 1
CITY SECRETARY
Roger Grantham - Environmental Supervisor FT, WORTH,TY
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid WasteM
Tradebe Environmental Services, LLC Page 19 of 32
ATTACHMENT A.
SCOPE OF WORK
PART 1
SCOPE OF CONTRACTOR'S SERVICES
Contractor shall perform in a good and professional manner the services listed in this
contract, and those identified in the City's RFP, "ENV 19-04: City-Generated HazWaste" as
specified in the Contractor's response to the RFP. Such response shall be incorporated as
part of this contract as if fully set forth herein. Any conflict between such documents and the
main body of this Contract shall be governed by the terms of the main body of this contract.
The work required under this contract includes the following tasks:
1. Contractor shall provide all the labor, materials, and equipment necessary for the
packaging, transportation, and disposal of City generated hazardous, special and
solid waste on an as-needed basis.
2. Contractor shall provide on-site pick-up of waste within seven (7) calendar days of
the request from the City. If a request is made after noon then the seven (7)calendar
day period shall begin the following business day. City owned roll-off boxes shall not
be removed from the City facilities for more than twenty-four(24) hours.
3. Contractor shall collect, package (containerizing), and label hazardous, special and
solid waste.
4. Contractor shall dispose, recycle and/or reuse requested materials.
5. Contractor shall perform analysis of wastes for d sposal as determined by City,
including but not limited to Haz-Cat Field Analysis.
6. Contractor shall provide transportation services for hazardous, special and solid
waste to disposal or recycling facilities on an as needed basis.
7. Contractor shall dispose of hazardous and other regilated waste. Disposal includes,
but is not limited to incineration, treetment'and landf Iling.
8. Contractor shall provide roll-off boxes and box transportation for disposal on an as
needed basis as determined by City.
9. Contractor's handling instructions and chain-of-custody protocols shall be in
accordance with all federal and state statutes and regulations for laboratory methods
and quality assurance.
Contract for Packaging, Transportation, and Disposal of Hazardous, peciai and Solid Waste
Tradebe Environmental Services, LLC Page 20 of 32
10. If Contractor collects a sample of hazardous, special and/or solid waste during the
performance of the contract at the direction of City, Contractor shall provide the
sample to City at the time of collection.
11.Contractor shall provide all paperwork and documentation needed to complete waste
shipments.
12.Contractor shall provide invoices per shipment date that clearly identify shipment
address, shipment date, manifest(s) number, type of waste, quantity of each type of
waste.
13.Contractor shall provide City with fully executed copies of waste manifests within
thirty-five (35) calendar days of pick-up of waste shipments.
14.Contractor shall provide City with certificates of disposal within 60 calendar days of
the waste shipments, however, if the waste is a special waste, Contractor shall
provide the certificates of disposal within 120 calendar days of pick-up date.
15.Contractor shall provide quarterly "waste" shipment/handling/disposal summaries
within fifteen (15)calendar days of the close of the calendar quarter(i.e., due on April
15, July 15, October 15 and January 15).
16.Contractor certifies that it has and will maintain during the term of this contract,
current and appropriate federal, state, and local licenses and permits to perform this
contract. In addition, Contractor agrees to require any of its subcontractors used to
perform this contract to have and maintain current and appropriate federal, state and
local licenses and permits to perform the duties prescribed in this contract.
17.Contractor shall provide a minimum of one (1) field technician for shipments
containing less than ten (10) containers and a minimum of two (2) field technicians
for shipments greater than ten (10) containers and provide a single point of contact
for shipment and rescheduling.
PART 2
SCOPE OF CITY SERVICES
City agrees to perform the following services:
1. City shall designate a City representative to provide timely direction to the
Contractor, render City decisions and to accompany Contractor on waste disposal
projects;
2. City shall coordinate with City facilities, City departments, and any tenants;
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 21 of 32
3. City shall provide safety sheets (SDSs) and process information on wastes for
disposal, recycling and/or reuse;
4. City shall provide timely written notice to Contractor of waste disposal projects,
detailing the location(s), type of work and other pertinent information; and
5. City shall provide the required regulatory information for manifest and shipping
paper information.
This portion of page left intentionally blank.
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 22 of 32
ATTACHMENT B
FEE SCHEDULE
Prices for services rendered under this contract will be compensated as specified in the
tables below. These prices include all labor, material, equipment, and supplies to perform
the service.
Prices provided for waste disposal are "turn-key" prices and include preparation
of required shipping documentation, loading, labeling, transportation, all
additional fees, and disposal costs (no additional costs, such as fuel surcharges
or mileage are to be attached to the unit price at invoicing).
Waste Shipments will be scheduled and responded to within seven (7) calendar days
after receipt of shipment notice. The additional fee for responding within one (1) calendar
day after receipt is $500.00 and the additional fee for responding same day after receipt
is 1 000.00.
The total compensation for services under this contract shall not exceed one hundred fifty
thousand dollars ($150,000) in any annual term.
THERE IS NO GUARANTEE OF ANY MINIMUM QUANTITY OF WORK UNDER THIS
CONTRACT.
The City will not be liable for any Contractor costs in excess of the not-to-exceed amount
unless City has signed and duly issued a formal amendment or modification to the
Agreement consistent with the requirements of the Fort Worth City Charter and Code.
This portion of page left intentionally blank.
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 23 of 32
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Table 2: Prices for bulk disposal of solids in roll-off boxes.
$$Cost per Cubic Yard Company Waste Disposal Method
Material Description (Landfill, incinerate,
(transportation costs included) Code Reuse, Recycle)
61. Class 1 Non-Hazardous 183.82 bending Profile LANDFILL
Solids(roll-off)
62. Class 2 non-Hazardous 161.34 Pending Profile LANDFILL
Solids(roll-off)
63. Hazardous Solids— 877.88 Pending Profile STABILIZATION
Benzene(roll-off)
64. Hazardous Solids—Lead 426.89 Pending Profile STABILIZATION
(roll-off)
Table 3: Prices for bulk disposal of liquids.
$$Cost per Gallon (disposal Disposal Method
Material Description only:Transportation via Company (Landfill,
Vacuum Truck line item) Waste Code incinerate, Reuse,
Recycle)
65. Class 1 Non-Hazardous 1.75 SOLIDIFICATION
Liquid
66. Class 2 Non-Hazardous 1.75 SOLIDIFICATION
Liquid
67. Hazardous Liquid 2.25 FUELS BLEND
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Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 30 of 32
Table 4: Prices for DOT packaging.
Container Size (gallons) Cost$$
Container Type' -- - --
5 14-15 20 30 55 85
68. 1A2
Steel open top w/ 25 45 45 55 45 125
Bungs
69. 1A1 25 45 45 55 45 N/A
Steel closed top
70. iH2 15 35 35 45 55 175
Poly open top
71. iHi 15 35 35 45 55 N/A
Poly closed top
72. 1G 25 35 45 45 45 N/A
Fiber
73. 4G 25 35 45 45 45 N/A
Fiber box
74. 11G Cubic yard box
with liner and pallet 125
(each)
75. 13114 Flexible Cubic
Yard Bag and pallet 125
each
76. 20 yard roll-off liner 50
(each)
77. Tarp/cover for 20 125
yard roll off(each)
'All containers must meet, at a minimum, DOT packing group II specifications.
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Contract for Packaging,Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 31 of 32
Table 5: Prices for supplies and rentals.
Supplies
Item Price $$_
78. Vermiculite(per bag) --� 20
79. RCRA Material Marking Labels
and DOT Warning Labels (per 20
pack or roll)
80. Drop fee for Roll-offs and Tanks 1400
(Rentals only)
81. Vacuum truck rental (per hour) 135
82. Field HAZCAT of unknown 20
material
83. Manifest Fee(e-manifest) 20
Day Week Month
84. 20 yard open top roll-off box 15 100 375
rental
85. 30 yard open top roll-off box 15 100 375
rental
86. 500 bbl Frac Tank rental 65 450 1875
Table 6: Prices for labor.
Services
Service r Hour
87. Field Technician—hourly rate 46
88. Field Chemist—hourly rate 50
Contract for Packaging, Transportation, and Disposal of Hazardous, Special and Solid Waste
Tradebe Environmental Services, LLC Page 32 of 32