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HomeMy WebLinkAboutContract 61989CSC No. 61989 FORT WORTH, N* VENDOR SERVICES AGREEMENT This VENDOR 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 TJP Enterprises, LLC dba All American Tire Recyclers ("Vendor"), a Texas limited liability company and acting by and through its duly authorized representative., each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Payment Schedule (initial term); 4. Exhibit B-1— Payment Schedule (renewal term); 5. Exhibit C — City of Fort Worth Bid Solicitation (ITB No. 24-0016); 6. Exhibit D — Vendor's Response to City of Fort Worth ITB No. 24-0016; 7. Exhibit E — Verification of Signature Authority Form. Exhibits A, B, C, D and E which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, C, D and E 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. Vendor agrees to supply City with scrap tire disposal and recycling services ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This agreement begins on October 1, 2024 ("Effective Date") and expires on September 30, 2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term"). 3. Compensation. 3.1 Total compensation under this Agreement will not exceed One Hundred and Eighty Thousand Dollars and zero cents, ($180,000.00). 3.2 During the Initial Term, City will pay Vendor following in accordance with the pricing schedule found in City Secretary Contract Number CSCO 52957, found in Exhibit B, which is attached hereto and incorporated herein by reference. During any Renewal OFFICIAL RECORD Vendor Services Agreement CITY SECRETARY Page 1 of 17 UP Enterprises, LLC dba All American Tire Recyclers FT. WORTH, TX Term, City will pay Vendor in accordance with the pricing schedule in Exhibit B-1, which is attached hereto and incorporated herein by reference. 3.3 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and provisions of this Agreement, including Exhibits "B" and `13-1." 3.4 Vendor will 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 will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-annronriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting Vendor Services Agreement Page 2 of 17 UP Enterprises, LLC dba All American Tire Recyclers to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must 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, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will 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 contractors. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER Vendor Services Agreement Page 3 of 17 UP Enterprises, LLC dba All American Tire Recyclers REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will 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 will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor 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 City for infringement arising under this Agreement, City will 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, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation 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, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non - infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and documentation with equally suitable, compatible, and functionally equivalent non -infringing software and documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 8.4 ENVIRONMENTAL INDEMNIFICATION: VENDOR HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE OTHER PARTY, ITS OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES, CLAIMS, AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE REMOVAL, PACKAGING, TRANSPORTING, AND DISPOSING OF ENVIRONMENTALLY HAZARDOUS MATERIALS, WHICH ARE NOT TO BE PROVIDED BY THE PARTIES. 8.4.1 Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), Vendor Services Agreement Page 4 of 17 UP Enterprises, LLC dba All American Tire Recyclers encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgments, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including, without limitation, reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to, and including without limitation: 8.4.1.1 Damages for personal injury and death, or injury to property or natural resources; 8.4.1.2 Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the excavation, removal, and backfill of possibly contaminated soils and related wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration, or monitoring work required by any federal, state, or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs, and expenses incurred in enforcing this contract or collecting any sums due hereunder; and 8.4.1.3 Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in sub -paragraph 2 of this part. 8.4.2 Environmental requirements shall mean all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: 8.4.2.1 All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and Vendor Services Agreement Page 5 of 17 UP Enterprises, LLC dba All American Tire Recyclers 8.4.2.2 All requirements pertaining to the protection of the health and safety of employees or the public. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract 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 will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): ❑I Applicable ® N/A Vendor Services Agreement Page 6 of 17 UP Enterprises, LLC dba All American Tire Recyclers $ l ,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances. Rules and ReLyulations. Vendor agrees that in the performance of its obligations hereunder, it will 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. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM Vendor Services Agreement Page 7 of 17 UP Enterprises, LLC dba All American Tire Recyclers ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile 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: City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at same address To VENDOR: TJP Enterprises, LLC dba All American Tire Recyclers Jodi Parker, Chief Operations Officer 5225 Teague Rd Fort Worth, TX 76140 14. Solicitation of Emulovees. Neither City nor Vendor will, during the term 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 will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will 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 will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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, compliance with any government law, ordinance, or regulation; acts of God; acts of the public Vendor Services Agreement Page 8 of 17 UP Enterprises, LLC dba All American Tire Recyclers enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationalitv Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in Vendor Services Agreement Page 9 of 17 UP Enterprises, LLC dba All American Tire Recyclers conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will 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 will 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 will 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, Vendor 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. 27. Signature Authoritv. The person signing this Agreement hereby warrants that they have the legal authority to execute this 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 Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Companv Name or Ownership. Vendor must notify 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 Vendor 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 provide the specified documentation so may adversely impact future invoice payments. 29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Bovcotting Energv Companies. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not Vendor Services Agreement Page 10 of 17 UP Enterprises, LLC dba All American Tire Recyclers apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, their 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. (signature page follows) Vendor Services Agreement Page 11 of 17 UP Enterprises, LLC dba All American Tire Recyclers IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. City: By: Valerie Washington (Sep 15,202411:05 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Sep 15, 2024 Vendor: Tam PArKer By: Tom Parker (Sep 13, 202409:42 CDT) Name: Jodi Parker Title: Chief Operations Officer Date: Sep 13, 2024 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: /// U Name: James Keezell Title: Environmental Services Assistant Director Approved as to Form and Legality: -X� By:. o- Name: M. Kevin Anders, II Title: Assistant City Attorney Contract Authorization: M&C: 24-0314 Form 1295: 2024-1135587 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. A �� By: Ruben Alejandro Di Sep 13,202409:49 ) Name: Ruben A. Diaz Title: Environmental Services Superintendent City Secretary: By: Name: Jannette Goodall Title: City Secretary p�� � fORT�O9�d Pig ��Id Pv8 ^=0 dd*000 oo*� 0 aaa� nEX65g4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 12 of 17 UP Enterprises, LLC dba All American Tire Recyclers EXHIBIT A SCOPE OF SERVICES I. Definitions: A. Mix Load: A mixed load of tires with rims, tires without rims, and tires of various sizes. B. Net Tons: The difference between the empty container weight and the weight of the container when filled. II. Vendor's Duties: Vendor shall provide the City with delivery, pick up, transportation and recycling/disposal services ("Services") of scrap tires the City's Environmental Services Department ("Department"), described herein. A. Vendor shall provide all trucks, tools, equipment, labor and personnel to perform its Services. Every possible effort will be made by Vendor to ensure that any loading process is safe and protects Vendor's employees or equipment, and the City's employees or equipment from accidents, harm or damage. B. City shall schedule Services with Vendor on an as needed basis, dependent on received volumes. C. Vendor shall give priority to City's request of service with the purpose to minimize downtime of City's facilities or personnel. Once the City notifies Vendor to pick up and transport scrap tires from the City's site the Vendor shall schedule time of pick up within 48 hours. D. At least one City employee shall be present at all times when Vendor picks up scrap tires from the City's Environmental Services Department pickup locations. Pickup locations are listed below but not limited to any additional locations, as mutually agreed upon by City staff and Vendor: • 2400 Brennan Avenue, Fort Worth, Texas 76106 • 5150 Martin Luther King Jr. Freeway, Fort Worth, Texas 76113 • 6260 Old Hemphill Road, Fort Worth, Texas 76134 • 301 Hillshire Drive, Fort Worth, Texas 76052 E. Vendor shall provide pickup services during regular hours from 8:00 AM to 3:30 PM, local time, at the City's facilities/locations from Monday through Friday. The City's facilities/locations are closed on the following holidays: • Martin Luther King Jr. Day • Memorial Day • Juneteenth, as observed • Independence Day, as observed • Labor Day • Thanksgiving Day • Christmas Day • New Year's Day Vendor Services Agreement Page 13 of 17 UP Enterprises, LLC dba All American Tire Recyclers F. Vendor's personnel shall gain access to the City's pickup sites only after the City has requested or scheduled a pick-up service. Access to the City's pickup sites outside regular days and hours shall be given when, with at least a minimum of three (3) business days' notice, the City requests pick-up Services and is confirmed with the Department. G. The Vendor shall immediately notify the City Contract Administrator of any failure to provide service(s) as specified. Incomplete services for any reason, such as bad weather or equipment out of service, shall be rescheduled by mutual written agreement within 48 hours of cancellation. H. Vendor shall provide the option of allowing the City to transport scrap tires to the Vendor's facility. I. Vendor shall comply with all local licensing, manifesting and regulatory requirements to store, transport, dispose and process tires per any City, County, State and Federal rules, or finances, laws and regulations as set forth now and any enacted in the future. Vendor shall keep accurate records for services performed and supply copies of manifest for any scrap tires. Vendor shall provide copies of manifests directly to: Contract Administrator Environmental Services Solid Waste 4100 Columbus Trail Fort Worth, Texas 76133 Vendor shall keep their certificates and/or licenses required by City, State and Federal rules, ordinances, laws and regulations as set forth now and enacted in the future up to date throughout the life if this agreement and submit copies to the City annually. III. Vendor's Billing Requirements: Vendor shall submit an invoice to the City for either Mix Loads or for individual tires for certain types of tires. Specific requirements for each type of invoice are described below. A. Mixed Load Invoices i. If Vendor elects to invoice for Mixed Loads, Vendor's invoice shall state, in Net Tons, the total weight of the Mixed Load, the empty weight of the trailer, and the filled weight of the trailer. Vendor shall provide the public scale weight receipt showing both the empty and filled weight of the container. Vendor shall also provide other documentation upon request (e.g. the manifest, and/or work order documentation). ii. City shall pay for Net Tons. City is not required to pay for invoices that do not contain the public scale weight receipt. City is not required to pay invoices which do not match the number of Tons of scrap tires recycled and/or collected. Vendor Services Agreement Page 14 of 17 UP Enterprises, LLC dba All American Tire Recyclers B. Individual Tire Invoices i. If Vendor elects to submit an invoice for individual tires, Vendor's invoice shall list the unit price per collection of single scrap tires, with or without rims, for different types and sizes of tires of those stated in the list below: • Passenger and Light Truck tires • Medium Truck tires • Duplex (355/80R20/385/85R22.5) tires • 21 L24 tires • 15.5/20.5-25 tires • 1400-24 tires • Agricultural (18AX28, 31-13.5OX15, 16.9X30) tires Vendor's invoice will match the number of scrap tires collected and verified by providing a copy of the manifest/work order documentation containing the description, size, and quantity of scrap tires collected for the different types and sizes of tires listed above. City shall pay an invoice that matches the description, size, and quantity of scrap tires recycled/collected at the City's facilities or delivered to the Vendor's facility for the different types and sizes of tires listed above. C. Regardless of invoice method, Vendor shall include on each invoice all information requested or provided by City, in addition to any information required under this Agreement. This includes any information required by local City, County, State and Federal rules, ordinances, laws and regulations as set forth now, and any enacted in the future. Vendor Services Agreement Page 15 of 17 UP Enterprises, LLC dba All American Tire Recyclers EXHIBIT B PAYMENT SCHEDULE Line Description Item 1 Passenger & Light truck with rim up to 17.5" 2 Medium Truck with rim (17.6"- 24.5") 3 Passenger, Light Truck, tires without rim, 16" - 17.5" 4 Medium Truck tires without rim (17 .6"- 24.5 ") 5 Duplex, 355/80R20/385/85R22.5 6 21 L24 7 15.5120.5-25 8 1400-24 9 Agricultural (18.4X28, 31- 13.5X 15, 16.9X30) 10 City to transport, process and dispose of tires per ton at Vendor's location 11 Unit price per ton of mix load scrap tires picked up at City site locations by Vendor QTY UOM Unit Total Price 26,000 EA $7.50 $195,000 4,000 EA $25.00 $100,000 28,000 EA $2.50 $70,000 12,000 EA $10.00 $120,000 2,000 EA $15.00 $30,000 2,000 EA $30.00 $60,000 2,000 EA $75.00 $150,000 1,200 EA $30.00 $36,000 800 EA $35.00 $28,000 20 EA $125.00 $2,500 20 EA $175.00 $3,500 Vendor Services Agreement UP Enterprises, LLC dba All American Tire Recyclers Page 16 of 17 EXHIBIT B-1 PAYMENT SCHEDULE Line Description QTY UOM Unit Total Item # Price 1 Passenger, Light Truck, tires with rim, 16" - 17.5" 4739.00 EA $8.00 $37,912.00 2 Medium Truck, tires with rim, 17.5"- 24.5" 7.00 EA $20.00 $140.00 3 Passenger, Light Truck, tires without rim, 16" - 17.5" 26047.00 EA $3.00 $78,141.00 4 Medium Truck, tires without rim. 17.5"- 24.5" 1017.00 EA $10.00 $10,170.00 5 Duplex, 355/80R20/385/85R22.5, 6.00 EA $15.00 $90.00 tires 6 21 L24, tires 5.00 EA $50.00 $250.00 7 15.5120.5-25, tires 5.00 EA $75.00 $375.00 8 1400-24, tires 5.00 EA $50.00 $250.00 9 Agricultural, 18.4X28, 31-13.50X15, 16.9X30, tires 5.00 EA $65.00 $325.00 10 Scrap tire transport, any size, mix load (with rims), processing and disposal at Contractor's location 100.00 TN $195.00 $19,500.00 11 Any size, mix load, scrap tires (with rims), picked up at different site locations by Contractor 100.00 TN $207.50 $20,750.00 12 Scrap tire transport, any size, mix load (without rims), processing and disposal at Contractor's location 100.00 TN $175.00 $17,500.00 13 Any size, mix load, scrap tires (without rims), picked up at different site locations by Contractor 100.00 TN $187.50 $18,750.00 $204,153.00 Vendor Services Agreement Page 17 of 17 UP Enterprises, LLC dba All American Tire Recyclers FORT WORTH. Exhibit C — City of Fort Worth Bid Solicitation (ITB No. 24-0016) COVER PAGE EventlD Page CFW01-24-0016 1 Event Round Version 1 1 Event Name ITB Tire Pecvclina and Disposal Services Start Time Finish Time 12/13/2023 8:00 AM CST 01/11/2024 1:30 PM CST Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1501) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth (City) seeks bids to finalize an Agreement for tire recycling and disposal services on an "as needed" basis for the Environment Services Department. Submission Requirements and Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit: https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: Jesus Fernandez Pre -Bid Conference: A pre -bid conference will be held in person and via WebEx on Tuesday, December 19 at 2:00 PM (Local Time). Attendance at pre -bid conference is not mandatory but strongly encouraged. In -Person: Development Conference Room #LL1201 City of Fort Worth -City Hall 200 Texas St, Fort Worth, TX 76102 Located in the on the Lower Level at the North end of the building, across from the elevators. WebEx: Meeting Phone Number: +1-469-210-7159 Meeting number (access code): 2553 457 1310 Meeting password: KRwVVCnJ938 Meeting Link: https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m3ld46e04bf9f498cOdc499ab3fa5a524 Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., January 11, 2024, and then publicly opened and read aloud around 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER AND BIDDER COMPANY NAME WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Senior 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. 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 120 calendar days after the bid opening date. Cover Page Bid Submission Signature Page" Price Submittal — Part 1 Instructions Part 2 Scope of Services/Specifications Attachment A - Conflict of Interest Questionnaire" Attachment B - Contractor Contact Information — Attachment C - Reference Sheet" Attachment D - Contractor's Qualification Questionnaire's Attachment E - Draft Contractor Service Agreement Attachment F - Documentation Checklist — 'Required to be completed and submitted. See Section 14.2, Part 1 for all required documents that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non -responsive to the specifications. ITB 24-0016 Tire Recycling and Disposal Services Page 1 of 50 FORT WORTH. BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: EVENT DETAILS CFW01-24-0016 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Tire Recvclina and Disposal Services 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 12/13/2023 8:00 AM CST 01/11/2024 1:30 PM CST United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Legal Company Name: Company Address: City, State, Zip: Contractor Registration No.: Printed Name of Officer or Authorized Representative: Title: Signature of Officer or Authorized Representative: Date: Email Address: Phone Number: Federal Identification Number (FID): Will agreement be available for Cooperative Agreement use? Yes No ITB 24-0016 Tire Recycling and Disposal Services Page 2 of 50 FORT WORTH. PRICE SUBMITTAL Event ID Page Invited: EVENT DETAILS CFW01-24-0016 3 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Tire Recvclina and Disposal Services 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 12/13/2023 8:00 AM CST 01/11/2024 1:30 PM CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qtv Unit UnitPrice Total Passenger, Light Truck, tires with rim, 16" - 16000.00 EA 17.5" Line: 2 Description: Qtv Unit UnitPrice Total Medium Truck, tires with rim, 17.5"-24.5" 4000.00 EA Line: 3 Description: Qtv Unit UnitPrice Total Passenger, Light Truck, tires without rim, 4000.00 EA 16" - 17.5" Line: 4 Description: Qtv Unit UnitPrice Total Medium Truck, tires without rim. 17.5"-24.5" 8000.00 EA Line: 5 Description: Qtv Unit UnitPrice Total Duplex, 355/80R20/385/85R22.5, tires 2000.00 EA Line: 6 Description: Qtv Unit UnitPrice Total 21 L24, tires 2000.00 EA Line: 7 Description: Qtv Unit UnitPrice Total 15.5/20.5-25, tires 2000.00 EA Line: 8 Description: Qtv Unit UnitPrice Total 1400-24, tires 1200.00 EA ITB 24-0016 Tire Recycling and Disposal Services Page 3 of 50 FORT WORTH. PRICE SUBMITTAL EventlD Page CFW01-24-0016 4 Event Round Version 1 1 Event Name ITB Tire Pecvclina and Disposal Services Start Time Finish Time 12/13/2023 8:00 AM CST 01/11/2024 1:30 PM CST Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: Qtv Unit UnitPrice Total Agricultural, 18AX28, 31-13.50X15, 16.9X30, 800.00 EA tires Line: 10 Description: Qtv Unit UnitPrice Total Scrap tire transport, any size, mix load (with rims), 40000.00 TN processing and disposal at Contractor's location Line: 11 Description: Qtv Unit UnitPrice Total Any size, mix load, scrap tires (with rims), picked up 40000.00 TN at different site locations by Contractor Line: 12 Description: Qty Unit UnitPrice Total Scrap tire transport, any size, mix load (without rims), 40000.00 TN processing and disposal at Contractor's location Line: 13 Description: Qty Unit UnitPrice Total Any size, mix load, scrap tires (without rims), 40000.00 TN picked up at different site locations by Contractor Total Bid Amount: Prompt Payment Discount Terms: Percent Days (i.e. 3% Net 15, etc.) A bid of "0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no bid" or no response may be considered as non -responsive and may result in disqualification of this bid. ITB 24-0016 Tire Recycling and Disposal Services Page 4 of 50 PART - 1 INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Section 2.0, Part 2. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location for the Purchasing Division is specified in the advertisement and on the first page of the solicitation. 2.0 EXPLANATIONS, CLARIFICATIONS OR QUESTIONS 2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Section 2.0, Part 2, so that a written addendum can be posted before the submission deadline. 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 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE BY E-MAIL BEFORE THE QUESTION ITB 24-0016 Tire Recycling and Disposal Services Page 5 of 50 DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and the bid number on the document or on the subject line, if sent by and email. For example: "Attention: Buyer name and Bid No. XX-XXX". If the buyer's name and bid number is not included as specified above, the question(s) will NOT be answered. 2.2.2 Delivery of questions by email — FMSPurchasingResponses(a�fortworthtexas.gov 2.2.2.1 Please note, if an e-mail confirming receipt of your e-mail is not received within one (1) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 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. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. 3.0 UNAUTHORIZED COMMUNICATIONS — Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Senior Purchasing Manager, the Business Equity Division, 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 ITB 24-0016 Tire Recycling and Disposal Services Page 6 of 50 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. 4.0 PREBID CONFERENCE 4.1 A pre -bid conference will be held. Please see Cover Page for the location and for potential bidders who are unable to attend the WebEx details. Failure to attend the pre -bid conference will impact a potential Contractor's ability to submit a fully informed and competitive bid response. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non -responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITIES - The quantities listed on the price submittal 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. 7.0 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 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. ITB 24-0016 Tire Recycling and Disposal Services Page 7 of 50 8.0 DEFINITIONS 8.1 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. 8.2 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. 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Contractor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Contractor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3.3 Bids offering anv other delivery terms are not acceptable and may be cause for reiection. 9.0 PRICES/PERCENTAGE DISCOUNT 9.1 Bid prices and percentage discount shall be firm offers unless otherwise specified. Pricing and percentage discount shall be entered on the Bid Offer Sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. ITB 24-0016 Tire Recycling and Disposal Services Page 8 of 50 9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 10.0 SIGNATURE - The Bidder must provide a wet signature on each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 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. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS - All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 13.0 PAYMENTS 13.1 All payment terms shall be no later than 30 days from the date the City receives a properly prepared invoice that contains no errors. Please see Section 10.0, Part 2 for invoicing requirements. Prompt/early payment discount(s) may be ITB 24-0016 Tire Recycling and Disposal Services Page 9 of 50 considered by the City. Bidder shall submit the proposed discount(s) on the "Price Submittal" page. 13.2 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 httr)s://www.fortworthtexas.gov/departments/finance/iDurchasinq/ ach 14.0 SUBMISSION OF BIDS 14.1 Bid documents: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page; 14.2.2 The completed Price Submittal; 14.2.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 14.2.4 A completed and signed Contractor Contact Information, Attachment B; 14.2.5 A completed Reference Sheet; Attachment C; 14.2.5.1 Reference list of a minimum of three (3) current customers (comparable in size) who the bidder has recently provided services on a continuing basis over a twelve (12) month period. The City of Fort Worth may be used as one (1) of the references. 14.2.6 A completed Contractor's Qualification Questionnaire; Attachment D; ITB 24-0016 Tire Recycling and Disposal Services Page 10 of 50 14.2.7 Texas Commission on Environmental Quality (TCEQ) certificates or licenses; 14.2.8 Letter outlining previous work, knowledge of tire recycling and disposal; 14.2.9 Signed Addendum(s) acknowledging receipt, if applicable; 14.2.10 A completed document checklist, Attachment F; 14.2.11 Scanned copy of all documents listed in Section 14.2, Part 1, and; 14.2.12 Any other document included in the Solicitation requiring completion or execution by the Bidder. 14.3 Failure to submit all the items listed in Section 14.2, Part 1 will be grounds for rejection of a bid as non -responsive to the specifications. 15.0 LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. 15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is not available or broken, the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 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 to deliver before the bid due date and time. 15.4 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. ITB 24-0016 Tire Recycling and Disposal Services Page 11 of 50 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 16.2 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 bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the bid submission deadline 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 bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS 17.1 The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 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. 18.2 Award. The Method of Award is detailed in Section 5, Part 2. (Note: A Bidder that does not earn at least 50% of the technical points will be deem "non -responsive" and will not be awarded a contract.) 18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The contents of a Bid Response shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without a Purchase Order issued by the City. ITB 24-0016 Tire Recycling and Disposal Services Page 12 of 50 19.0 RESERVATIONS - The City expressly reserves the right to: 19.1 Specify approximate quantities in the Solicitation; 19.2 Extend the Solicitation opening date and time; 19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 19.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline; 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10Procure any item by other means; and/or 19.11 Award to multiple Contractors on a non-exclusive award basis, or primary and secondary Contractors. 20.0 POST -BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 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. 20.2 Business Equity Division Documents: If a Business Equity 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 ITB 24-0016 Tire Recycling and Disposal Services Page 13 of 50 the appropriate department as evidence that the City received the documentation. 20.3 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 httiDs://www.ethics.state.tx.us/whatsnew/elf info form1295.htm 21.0 PROTEST PROCEDURE 21.1 Contractors 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. 21.2 The Contractor must submit any protest in writing to the Senior Purchasing Manager within 14 days after the Contractor knows, or should have known, of the facts relating to the proposed action or award. 21.3 The Senior Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Contractor. 21.4 After discussions or meetings, the Senior Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Contractor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Senior Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Contractor does not agree, the protesting Contractor will be invited to attend the City Council meeting at which the recommended award is to be presented to ITB 24-0016 Tire Recycling and Disposal Services Page 14 of 50 the City Council and make known his/her concerns. The protesting Contractor will be instructed to arrive prior to 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. 21.6.1 Contractors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: httiD://fortworthtexas.qov/citvsecretarv/info/default.asDx?id =2914 on the City's website. 22.0 COOPERATIVE PURCHASING 22.1 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. 22.2 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 material/services as needed. ITB 24-0016 Tire Recycling and Disposal Services Page 15 of 50 PART — 2 SCOPE OF SERVICES/SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an agreement for tire recycling and disposal services for the Environmental Services Department on an "as needed" basis. Prospective responding bidders should ensure they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(s), known hereafter as "Contractor"/"Contractor." 1.2 This Agreement shall begin upon award or execution of the City Secretary Contract ("Effective Date") and shall expire on the oncoming 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 under the same terms and conditions for up to four (4) one-year renewal periods, unless City or Contractor 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 The quantities listed on the price submittal are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City is obligated to pay for only those services actually ordered by an authorized City employee and then received as required and accepted by the City. 1.4 All items supplied resulting from this bid shall be of recent production, unused, and suitable for their intended purpose. ITB 24-0016 Tire Recycling and Disposal Services Page 16 of 50 1.5 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. 1.6 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. 1.7 Any services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.8 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 2.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE ITB Release Date December 13, 2023 Pre -Bid Conference Deadline for Questions Answers Posted ITB Response Due Date AT 1:30 p.m. (Local Time) Recommended Contractor Selection Contract Execution December 19, 2023 2:00 PM (Local Time) December 28, 2023 5:00 PM (Local Time) January 4, 2024 January 11, 2024 February 2024 March 2024 3.0 CHANGE IN COMPANY NAME OR OWNERSHIP - The Contractor shall notify the City's Senior 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 ITB 24-0016 Tire Recycling and Disposal Services Page 17 of 50 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. 4.0 CONTRACTOR REQUIREMENTS IN ORDER FOR THE BID TO BE EVALUATED 4.5 The Contractor shall: 4.5.1 Have a minimum of five (5) years of experience conducting services similar or related to the Scope of Services. 4.5.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 5.0 METHOD OF AWARD 5.5 Bids will first be evaluated based upon bids received from a responsible bidder that presents the best value to the City. A responsible bidder is defined as a bidder that: 5.5.1 Meets all the requirements listed in Section 4.0, Part 2. 5.5.2 Submits a completed bid package within the stated deadline and in accordance with the bid specifications. 5.6 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non -responsive. 5.7 The following criteria will be used to determine the best value: 5.7.1 Cost of service — up to 30 points ITB 24-0016 Tire Recycling and Disposal Services Page 18 of 50 5.7.1.1 Will be evaluated using: Price Submittal 5.7.2 Contractor's Qualifications and Experience — up to 25 points 5.7.2.1 Will be evaluated using: Attachment C — Reference Sheet, Attachment D — Bidder Qualification Questionnaire, and letter outlining previous work, Section 14.2.8, Part 1 5.7.3 Availability of resources to provide services (equipment and personnel) — up to 20 points 5.7.3.1 Will be evaluated using: Attachment D — Bidder Qualification Questionnaire 5.7.4 Contractor's approach to perform services — up to 25 points 5.7.4.1 Will be evaluated using: Attachment D — Bidder Qualification Questionnaire 5.8 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 5.9 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 5.10 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions ITB 24-0016 Tire Recycling and Disposal Services Page 19 of 50 are deemed to be in the public interest inasmuch as Contractor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 5.11 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 5.12 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 6.0 CONTRACTOR RESPONSIBILITIES 6.1 The Contractor shall be responsible for familiarizing themselves with the character, quality and quantity of work to be performed, materials required and equipment required. 6.2 The Contractor shall be able to provide proof of all applicable licenses and certifications for services. 6.3 The Contractor shall not be listed on a local, state or federal consolidated List of Debarred, Suspended and Ineligible Contractors and Grantees. 7.0 TIRE RECYCLE AND DISPOSAL SERVICES 7.1 Purpose 7.1.1 The City of Fort Worth is seeking bids from qualified bidders to provide all equipment, personnel, and tools necessary to transport, process, and recycle/disposal services of scrap tires for the City's Environmental ITB 24-0016 Tire Recycling and Disposal Services Page 20 of 50 Services Department. 7.2 Tire Scrap Billing Requirements 7.2.1 Prices paid by the City for contractor(s) services shall be by single scrap tire. This shall include scrap tires With Rim or Without Rim and various sizes according to the requirements below. 7.2.2 The Contractor shall: 7.2.2.1 Invoice by Ton (weight) in a Mix Load. (A Mix Load is referred to as tires with rims, without rims and of various sizes). 7.2.2.2 Provide pricing for all scrap tire sizes with or without rims separated by City Personnel and hauled away by contractor. Providing the number of scrap tires recycled. The City shall pay an invoice that matches the number of scrap tires collected at the City's centers and verified by City employees at the drop-off stations. The City shall pay for the quantity of scrap tires with or without rim recycled by Contractor. Contractor invoice shall match the number of scrap tires collected and verified by the City employees at the listed locations. 7.2.2.3 Provide unit price per collection of single scrap tire Without Rim arranged by description of tire and tire size range. Contractor shall provide the number of scrap tires recycled including a list of sizes and pricing per scrap tire. 7.2.2.4 Provide unit price per collection of single scrap tire With Rim arranged by description ITB 24-0016 Tire Recycling and Disposal Services Page 21 of 50 of tire and tire size range. Contractor shall provide the number of scrap tires recycled; including a list of sizes and pricing per scrap tire. 7.2.2.5 Provide unit price per Ton (weight) of a Mix - Load (scrap tires With Rims or Without Rims) this will include; different types and sizes of tires but not limited to those stated in the list below: • Passenger and Light Truck Tires • Medium truck tires • Duplex 355/80R20/385/85R22.5 tires • 21 L24 tires • 15.5/ 20.5-25 tires • 1400-24 tires • Agricultural tires (18.4x28, 31-13.50x15, 16.9x30) 7.2.2.6 Use a public scale weight receipt showing the empty weight of the container and then the filled weight of the container. The City shall pay for the net tons or difference between the empty and filled container weight. 7.2.3 The City shall pay an invoice that matches the number of Tons of scrap tires recycled/collected at the City's facilities and verified by City employees at the City's locations. Contractor invoice shall match the number of Tons of scrap tires recycle/collected and verified by providing a copy of weight ticket and the manifest/work order documentation. 7.3 Specification Requirements ITB 24-0016 Tire Recycling and Disposal Services Page 22 of 50 7.3.1 Comply with all local licensing, manifesting and regulatory requirements to store, transport, dispose and process tires per any City, County, State and Federal rules, ordinances, laws and regulations as set forth now and any enacted in the future. Contractor shall keep accurate records for services performed and supply copies of manifest for any scrap tires picked up. Contractor shall provide copies of manifests directly to: 7.3.1.1 Contractor Administrator Environmental Services Solid Waste 4100 Columbus Trail Fort Worth, Texas 76133 7.3.2 Contractor must furnish copies of any certificates and/or licenses (TCEQ), required by these specifications and local City, State and Federal rules, ordinances, laws and regulations as set forth now and enacted in the future evidencing the extent of their authority, and show authorization by Contractor to perform all requirements of this agreement. Successful Contractor shall keep their certificates and/or licenses up to date throughout the life of this agreement and submit copies to the City annually. 7.3.3 The Environmental Services Department estimates an average of about 40,000 tires annually to process in this category. There may be a decrease or increase in the actual quantity. 7.3.4 Contractor shall: 7.3.4.1 Provide all trucks, equipment, labor and personnel to pick up and haul scrap tires. Every possible effort shall be made by Contractor to ensure that any loading process is safe and protects Contractor's employees or equipment, ITB 24-0016 Tire Recycling and Disposal Services Page 23 of 50 and the City's employees or equipment from accidents, harm or damage. 7.3.4.2 Provide industrial shredding tire machines and equipment capable of shredding tires picked up or disposed of by the City of Fort Worth. 7.3.4.3 Provide pick up services during regular hours from 8:00 AM to 3:30 PM at the City's facilities/locations from Monday through Friday. This will exclude the following holidays: • Martin Luther King Jr. Day • Memorial Day • Juneteenth • Independence Day • Labor Day • Thanksgiving Day • Christmas Day • New Year's Day 7.3.4.4 Give priority to City's request of service with the purpose to minimize downtime of City's facilities or personnel. 7.3.4.5 Pick up tires on a weekly or monthly schedule based on City's need. 7.3.4.6 Pick up scrap tires at the locations listed below but not limited to any additional locations, as mutually agreed upon by City staff and Contractor. • Environmental Services 2400 Brennan Avenue, Fort Worth, Texas 76106 ITB 24-0016 Tire Recycling and Disposal Services Page 24 of 50 • Environmental Services 5150 Martin Luther King Jr. Freeway, Fort Worth, Texas 76113 • Environmental Services 6260 Old Hemphill Road, Fort Worth, Texas 76134 • Environmental Services 301 Hillshire Drive, Fort Worth, Texas 76052 7.3.4.7 Be given access to service sites outside of regular days and hours, only if pick-up is requested and confirmed with the Department a minimum of three (3) business days prior to service request. 7.3.4.8 Only gain access to service sites after the City has requested or scheduled a pick-up service. 7.3.4.9 Include on each invoice all information requested or provided by City. Contractor shall include any information required by local City, County, State and Federal rules, ordinances, laws and regulations as set forth now, and any enacted in the future. 7.3.4.10 Immediately notify the City Contract Administrator of any failure to provide service(s) as specified. Upon completion of services, any failures and the reason for failure(s) shall be indicated in reports submitted to the City Contract Administrator. 7.3.4.11 Pick up scrap tires or allow the City to schedule delivery within 48 hours of mutual agreement. 7.3.5 Upon notification by the City to pick up and transport tires from the City's site, the Contractor shall schedule ITB 24-0016 Tire Recycling and Disposal Services Page 25 of 50 time of pick up within 48 hours of confirmation. Pick-ups will require a City employee to be present at all times. 7.3.6 Incomplete services for any reason (because of bad weather or equipment taken out of service) shall be rescheduled by mutual agreement within 48 hours of cancellation. 8.0 QUALITY ASSURANCE 8.1 Contractor shall provide certificates of recycle as proof of proper disposal and in -person inspection of the recycle process at the Contractor's facility. 9.0 LAWS, REGULATIONS, AND ORDINANCES 9.1 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. 10.0 INVOICING REQUIREMENTS 10.1 The City of Fort Worth has begun implementing an automated invoicing system. ITB 24-0016 Tire Recycling and Disposal Services Page 26 of 50 10.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices(a)fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 10.3 Please include the following on the subject line of your e-mail: Contractor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234) 10.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: 10.4.1 All invoices must be either a PDF or TIFF format. 10.4.2Invoices must be sent as an attachment (i.e. no invoice in the body of the email). 10.4.3One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. 10.4.4 Please do not send handwritten invoices or invoices that contain handwritten notes. 10.4.5 Dot matrix invoice format is not accepted. 10.4.6The invoice must contain the following information: 10.4.6.1 Supplier Name and Address; 10.4.6.2 Remit to Supplier Name and Address, if different; 10.4.6.3 Applicable City Department business unit# ITB 24-0016 Tire Recycling and Disposal Services Page 27 of 50 (i.e. FW013) 10.4.6.4 Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); 10.4.6.5 Invoice number; 10.4.6.6 Invoice date; and 10.4.7Invoices should be submitted after delivery of the goods or services. 10.4.8To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices(a)fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPavable(a)fortworthtexas.gov. 10.4.9If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 10.4.10 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed ITB 24-0016 Tire Recycling and Disposal Services Page 28 of 50 efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ FIN AccountsPavable(a)fortworthtexas.gov. 10.4.11 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Contractor's request. 11.0 UNIT PRICE ADJUSTMENT 11.1 Contractor may request a Price Adjustment based on Price Adjustment Verification up to one time Yearly. Price Adjustment means an unplanned or unanticipated change, upward or downward, from the established contract price that is supported by demonstrated Price Adjustment Justification. A request for a Price Adjustment must be initiated by the Contractor. Price Adjustments shall not be allowed more frequently than once Yearly. It is within the sole discretion of the City to determine whether an adjustment is necessary and/or acceptable. 11.2 Yearly means the City's Fiscal year, being October 1 - September 30. 11.3 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. ITB 24-0016 Tire Recycling and Disposal Services Page 29 of 50 11.4 The Contractor must submit its Price Adjustment request, in writing, at least 60 days before the new Fiscal year. The Contractor must provide all Price Adjustment Justification, as defined above, at the time of its request for a Price Adjustment. 11.5 If the City, in its sole discretion, concludes that the requested Price Adjustment is unreasonable or not fully supported by adequate Price Adjustment Justification, the City reserves the right to adjust the rate increase, or reject the requested Price Adjustment in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to accept a requested Price Adjustment, the Purchasing Division may issue a new solicitation. 11.6 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 11.7 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. Contractor will be reimbursed for this service at the prior Agreement rate(s). Contractor 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. 11.8 Delivery of goods and/or services shall not be suspended by the Contractor without a 30-day prior written notice to the Senior Purchasing Manager. 11.9 Only Published price changes will be accepted. Prices that were in effect at the time of order placement shall take precedence. 12.0 PERFORMANCE - Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the ITB 24-0016 Tire Recycling and Disposal Services Page 30 of 50 future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 13.0 SUBCONTRACTING - No subcontracting of the work under this contract will be allowed without written permission from the City. 14.0 HAZARDOUS CONDITIONS 14.1 The Contractor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 14.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment (PPE) while handling hazardous material. If there are questions regarding how to dispose of materials, the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 15.0 CONTRACT ADMINISTRATION AND TERMINATION 15.1 Contract administration will be performed by the City Department. In the event the Contractor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Contractor, in writing, of its failures. A meeting may be arranged to discuss the Contractor's deficiencies. A written cure notice may be prepared giving the Contractor 14 calendar days to cure any deficiency. 15.2 In the event the Contractor continues with unsatisfactory performance, the department will promptly notify the Senior 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 Contractor may be held liable for excess cost and/or liquidated damages. ITB 24-0016 Tire Recycling and Disposal Services Page 31 of 50 15.3 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. 15.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this agreement, 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 satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Contractor exceed the agreement price. The Contractor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 16.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 16.1 If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. ITB 24-0016 Tire Recycling and Disposal Services Page 32 of 50 17.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 17.1 Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 18.0 DEBARMENT AND SUSPENSION 18.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 19.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 13521 19.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non- ITB 24-0016 Tire Recycling and Disposal Services Page 33 of 50 Federal award. 19.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00. 20.0 NO BOYCOTT OF ISRAEL 20.1 If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 21.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 21.1 Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government ITB 24-0016 Tire Recycling and Disposal Services Page 34 of 50 Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 22.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 22.1 Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 23.0 RIGHT TO AUDIT 23.1 Contractor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to ITB 24-0016 Tire Recycling and Disposal Services Page 35 of 50 and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions relating to the Agreement. Contractor agrees that 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 give Contractor reasonable advance notice of intended audits. 24.0 WARRANTY 24.1 The Vendor warrants and guarantees the part(s), material(s), and/or service(s) against any defects or failures to operate satisfactorily. 24.2 The Vendor shall provide a warranty to include at a minimum, but not limited to the following: 24.2.1 In addition to any other warranties in this purchase, the Vendor warrants that all work and products supplied in this purchase conforms to the specification requirements and is free from any defect in workmanship, equipment, material, or design furnished by the Vendor or any supplier at any tier. 24.2.2 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. 24.2.2.1 This warranty shall continue for a period of 90 days from date of acceptance of products and work by the City. ITB 24-0016 Tire Recycling and Disposal Services Page 36 of 50 24.2.3 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. 24.2.4 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. 24.2.5 The City of Fort Worth shall notify the Vendor, within 72 hours after the discovery of any failure, defect, or damage. 24.2.6 If the Vendor fails to remedy any failure, defect, or damage within 30 days for most incidences, or approved time otherwise 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. 24.2.6.1 Repairs must be scheduled within 72 hours. 24.2.7 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 24.2.8 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for work performed and materials furnished under this purchase, the Vendor shall: 24.2.8.1 Obtain all warranties that would be obtained in normal commercial practice; ITB 24-0016 Tire Recycling and Disposal Services Page 37 of 50 24.2.8.2 Enforce all warranties for the benefit of the City of Fort Worth. ITB 24-0016 Tire Recycling and Disposal Services Page 38 of 50 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 Forms CIQ ("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 related to potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/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 Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. ITB 24-0016 Tire Recycling and Disposal Services Page 39 of 50 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made io the law by KEL 23, 94ih Leg., Regular Session. OFF CELISEONLY This questionnaire is being filed in accordance with Chapter 175, Local Government Code, by a vendor who Date peceiyed has a business relationship as dehned by Section 176-001(1-a) with a local garernmanlal entity and the vendor meets requirements under Section 176.006(a)- By law this questionnaire must be filed with the records administrator of the local governmental entity not War than the 7th business day after the data the vendor becomes aware of fads tftat require ttm statement to be filed. Sae 5ecuon 176.0r}6(a-1), Local Gorvemment Code. A vendor commits an offense if the vendor knowingly violates Section 176.046, Locale Government Cade- An offense under this section is a misdemeanor. J Naas} of vendor who has a business relationship with local governmental entity. ❑ Chock this box ifyau are filing an update to a previously fi led q uestionnai re. (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 ware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.G03(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes =No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local govemment officer OF a family member of the officer AND the taxable income is not received from the local governmental entity? Yes =No J Describe each employment or business relationship that the vendor named in Section 1 maintains with 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. J ❑ Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as descried in Section 176.0W(a)(2)(B), excluding gifts described in Section 176-003(a-1). J Signature of vendor doing business with the governmental entity Lialn Form provided by Texas Ethics Commission www.ethics.state_Ix_us Revised 111IM21 ITB 24-0016 Tire Recycling and Disposal Services Page 40 of 50 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at httpAwNw.statutes-legis-state.tx-us; Docs+L +htrrvLfa 17 S.htm. For easy reference, below are some of the sections cited on this farm. Local Government Code tr 176.001 fi-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) atransaction that is subject to rate or fee regulation by afederal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public, or (C) a purchase or lease of goods or services from a person that is ch a rte red by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Govem ment Code 4176.403(a) t 21(A) and { B}: (a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income. other than investment income. that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) aconlract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or a family mem ber of the off icer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contractwith the vendor - Local Government Code 4176.006fai and fa-11 (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a bus iness rel ationshi p with a local governmental entity and: (1) has an employment or other business relationship with a Iocal government officer of that local governmental entity, or a fam ily member of the officer, descri bed by Section 176-003(a)(2) (A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifis with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that Iocal governmental entity- (a-1) The completed conflict of interest questionnaire must be filedwith the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity, or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that thevendorhas given one ormore gifts described bySubsection (a),or (C) of a family relationship with a local government officer - Form provided by Texas Ethics Commissior nww.athics.stata.M.us Reaised 1M2021 ITB 24-0016 Tire Recycling and Disposal Services Page 41 of 50 ATTACHMENT B CONTRACTOR CONTACT INFORMATION Contractor's Name: Contractor's Local Address: Phone: Email: Fax: Name of persons to contact when requesting services or billing questions: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Name/Title Phone: Fax: Email: Will your company accept P-card payments? yes no Signature Printed Name Date ITB 24-0016 Tire Recycling and Disposal Services Page 42 of 50 ATTACHMENT C REFERENCE SHEET Please complete and return this form with your bid. The Contractor 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. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number ( ) Emai 2. Company's Name Name of Contact Title of Contact Present Address ITB 24-0016 Tire Recycling and Disposal Services Page 43 of 50 City, State, Zip Code Telephone Number ( ) Fax Number Email 3. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number Email ITB 24-0016 Tire Recycling and Disposal Services Page 44 of 50 ATTACHMENT D CONTRACTOR'S QUALIFICATION QUESTIONNAIRE The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid. Please answer each question thoroughly. Answers may be provided on a separate sheet as long as each response is labeled according to the question. 1. Date your company was established? 2. How many years has your organization been in business under its present name? a. List any former names your organization has operated under and the timeframe(s). 3. How many years of experience does your company have providing tire recycling and/or disposal services? 4. Provide any experience with tire recycling and/or disposal within the market. ITB 24-0016 Tire Recycling and Disposal Services Page 45 of 50 5. What are your regular business hours? 6. How many personnel does your company have for after-hours emergency requests? 7. Does your personnel pool allow your company to service up to four (4) properties for the City, simultaneously? Yes M No 8. Does your company have available facilities and equipment to render the services requested for up to four (4) properties for the City, simultaneously? Yes ® No 9. Please describe your approach to perform services. 10. List the equipment (including vehicles), numbers of crews, and number of crew members for each crew available to perform the work. ITB 24-0016 Tire Recycling and Disposal Services Page 46 of 50 11. Do you agree with the warranty stated on Section 24.0, Part 2? Yes ® No ® - if no please provide a warranty the company offers. 12. Please list any relevant certifications and/or licenses your personnel holds: ITB 24-0016 Tire Recycling and Disposal Services Page 47 of 50 ATTACHMENT F DOCUMENT CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Required Documents A completed and signed Bid Submission Signature Page A completed Price Submittal Attachment A - Conflict of Interest Questionnaire Attachment B - Contractor Contact Information Attachment C - Reference Sheet Attachment D — Contractor's Qualification Questionnaire Texas Commission on Environmental Quality (TCEQ) certificates or licenses Letter outlining previous work, knowledge of tire recycling and disposal Any addendums sent out after the release of the bid Scanned Copy of all required documents Attachment F — Document Checklist Document Page Number(s) of Bid Attached? Yes/No Response *Bidder will need to number their bid response in ink* Separate USB Drive with password included if necessary ITB 24-0016 Tire Recycling and Disposal Services Page 50 of 50 FORT WORTH. Exhibit D - Vendor's Response to City of Fort Worth ITB No. 24-0116 BID SUBMISSION SIGNATURE PAGE Event ID Page CFW01-24-0016 2 Event Round Version 1 1 Event Name ITB Tire Recvclina and Disposal Services Start Time Finish Time 12/13/2023 8:00 AM CST 01/11/2024 1:30 2M CST Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1501) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Legal Company Name: 717SP L' Nt.'Q�R-1$ LS d bA {�-�� N eillc" 112, Company Address: 52-2-5 J `TIl City, State, Zip: i`02-r U, Ve u , lk 1LI�tC Contractor Registration No.: Printed Name of Officer or Authorized Representative: �Ltl ► r �d Title: V-? Qv Signature of Officer or Authorized Representative: _ Date: 2R rib -2oz-'+ v Email Address: :5" IT . -,:�djtk (t�, i-jk-Y12 • 61 Z Phone Number: CW) F1-7 -7-79 - Q 3 GO (C-) S-1-1 ' 3 7 - Z-11 Z Federal Identification Number (FID): V I " it 4364l Will agreement be available for Cooperative Agreement use? Yes X No ITB 24-0016 Tire Recycling and Disposal Services Page 2 of 50 FORT WORTH® PRICE SUBMITTAL Event ID Page CFW01-24-0016 3 Event Round Version 1 1 Event Name ITB Tire Recvclinq and Disposal Services Start Time Finish Time 12/13/2023 8:00 AM CST O1/11/2024 1:30 PM CST Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1501) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: Qtv Unit UnitPrice Total Passenger, Light Truck, tires with rim, 16" - 17.5" 4,739.00 EA o Line: 2 Description: Qtv Unit UnitPrice Total Medium Truck, tires with rim, 17.5"-24.5" 7.00 EA Line: 3 Description: Qtv Unit UnitPrice Total Passenger, Light Truck, tires without rim, 26,047.00 EA 16" - 17.5" Line: 4 Description: Qtv Unit UnitPrice Total Medium Truck, tires without rim. 17.5"-24.5" 1,017.00 EA 10UL lo, Line: 5 Description: Qtv Unit UnitPrice Total Duplex, 355/8OR20/385/85R22.5, tires 6.00 EA DU ,� pG 1� 90 Line: 6 Description: Qtv Unit UnitPrice Total 21 L24, tires 5.00 EA V0 5o aSUoo Line: 7 Description: Qtv Unit UnitPrice Total 15.5/20.5-25, tires 5.00 EA 06 ^75 Line: 8 Description: Qtv Unit UnitPrice Total 1400-24, tires 5.00 EA ZS � ITB 24-0016 Tire Recycling and Disposal Services Page 3 of 50 FORT WORTH, PRICE SUBMITTAL Event ID Page CFW01-24-0016 4 Event Round Version 1 1 Event Name ITB Tire Recvclinq and Disposal Services Start Time Finish Time 12/13/2023 8:00 AM CST 01/11/2024 1:30 PM CST Line: 9 Description: Agricultural, 18AX28, 31-13.50X15, 16.9X30, tires Line: 10 Description: Scrap tire transport, any size, mix load (with rims), processing and disposal at Contractor's location Line: 11 Description: Any size, mix load, scrap tires (with rims), picked up at different site locations by Contractor Line: 12 Description: Scrap tire transport, any size, mix load (without rims), processing and disposal at Contractor's location Line: 13 Description: Any size, mix load, scrap tires (without rims), picked up at different site locations by Contractor Invited: EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1500) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Qtv Unit 5.00 EA Qtv Unit 100.00 TN Qtv Unit 100.00 TN Qtv Unit 100.00 TN Qtv Unit 100.00 TN Prompt Payment Discount Terms: Percent Days (i.e. 3% Net 15, etc A bid of "0" will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no bid" or no response may be considered as non -responsive and may result in disqualification of this bid. UnitPrice p l) UnitPrice UnitPrice 201 o UnitPrice UnitPrice Total Bid Amount Total Total Ig,soocl Total 0,15��a Total Total JC o � ITB 24-0016 Tire Recycling and Disposal Services Page 4 of 50 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For viando► doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, e4th Leg., Regular Session OFFICE USE ONLY This questionnaire is bevy filed it accordance with Chapter 176. Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmen•,al entity and the Cie Rc•.e, c vendor meets requirements udder Section 176.00rfa) By 4w the questionnaire must be filed with the records adminis:razor of the local goverr.mpma' entity not la:er tan ?te 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176 006ia t i Local Government Code. A vendor commits air olonse d the vendor krmingty vroiates Sectior 176.o0E. Loca, Gov ernmem Code Ar, ot'erse undet 71is sermon is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Chock this bort ff you are filing an update to a previousty filed questionnaire. i-he law requires thatyou file an updated completed questionnaire with tie appropriate f ling authority no; ater inan tie 7th business day after the date on which you became aware that the originally Ned questionnaire was incomplete or inaccurate.) J Name of local govemment officer whom the information is being disclosed. Name of Of&or J Describe each employment or other business relationship with the local govemment officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local govemment officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income, from the vendor? Yes / No 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 or a family member of the officer AND the taxable income is not received from the local governmental entity? F-1YeS /l.o J Describe each employment or business relationship that the vendor named in Section 1 maintains with 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. J Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(gi)(2)(B), excluding g-fts described in Section 176.003(a-1). Z 3 2G2� b,gnamrworvenoor MTIMsiness thi?�rvernmental entity .�,,•.. Form provided by Texas Ethics Commission wWW.ethics.state.tx.us ��,• �y �_• ITB 24-0016 Tire Recycling and Disposal Services Page 40 of 50 ATTACHMENT B CONTRACTOR CONTACT INFORMATION Contractor's Name: TP C_PTr_Qpr.XsLs ��+� A11 Jar ;zac i ,+�- �,�rycu=2s Contractor's Local Address: �C225 Tc��e IZeI � Phone: Email.- Sao ► 5o,-AkA C�, roJ-2i- l� o��rti• T"�C ? G xA D Fax: Name of persons to contact when requesting services or billing questions: Name/Title 5YorJ Lo,,%s-rics Phone: Fax: Email: n, Ca NR: Z . 1z,-Z Name/Title Phone: ?)"l- L4-3G a Fax: Email: 4 No 1�1 (a %% TV__> -% iI Name/Title Sco-r-, Jm; 1�c.V- A Phone: Fax: Email: Se-o4. So)�k (� Will your company accept P-card payments? yes X Signature Printed Name rn Z ;:5-*," 26 2Li Date ITB 24-0016 Tire Recycling and Disposal Services Page 42 of 50 S ATTACHMENT C REFERENCE SHEET Please complete and return this form with your bid. The Contractor 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. Company's Name C.,, �-•i off- ��1� Name of Contact Title of Contact Present Address Z-L1 X\ VPA) e- City, State, Zip Code Telephone Number (2-1-1) (-Zo -H)63 Fax Number ( ) Email O ogLtoo. Zec+,c,go-, (i � 1,A 5 • gov 2. Company's Name Q- Name of Contact V e NOVJ�, iMC G e-e Title of Contact Se Zoy a 2 Present Address -So o k-3 i\Nt ,N 5-t- ITB 24-0016 Tire Recycling and Disposal Services Page 43 of 50 City, State, Zip Code Q R+- P ;� PR.r *%t-,P- , "�X -75 cis o Telephone Number Fax Number ( ) Email V rvAc.�c-a 0_ UP' .. o2-y 3. Company's Name C XY 0�1 i—vQ � WOO -An Name of Contact MaRaQ�-r N Title of Contact Present Address City, State, Zip Code F�tZ� WcJf-4 1 Telephone Number ((.M311 -9U5- Fax Number ( ) Email �+.�Rea�L~n. t�us�� fo t,�o�z'i 'i-�-xa,�. God ITB 24-0016 Tire Recycling and Disposal Services Page 44 of 50 ATTACHMENT D CONTRACTOR'S QUALIFICATION QUESTIONNAIRE The information provided on this questionnaire and in the bid submittal will be used to evaluate your bid. Please answer each question thoroughly. Answers may be provided on a separate sheet as long as each response is labeled according to the question. 1. Date your company was established? 2. How many years has your organization been in business under its present name? �A Y`N 25 a. List any former names your organization has operated under and the timeframe(s). N / is 3. How many years of experience does your company have providing tire recycling and/or disposal services? ___ff yLif�,a$ 4. Provide any experience with tire recycling and/or disposal within the market. (A)e PbcesS 0..0,b o�e� 50o c��-co,n►�L-us ago vl+-��01� ��Ni�,�al►�-•es Ito �c2acE53,..ao II,C"Sej ENO aToflo" � � Pc►2 .� l.s��L. ITB 24-0016 Tire Recycling and Disposal Services Page 45 of 50 �TJ 5. What are your regular business hours? M — 1— plod- 1530 6. How many personnel does your company have for after-hours emergency requests? by 5, X�� Q- l 40f2S, 7. Does your personnel pool allow your company to service up to four (4) properties for the City, simultaneously? Yes,Q" No 8. Does your company have available facilities and equipment to render the services requested for up to four (4) properties for the City, simultaneously? Yeses No ❑ 9. Please describe your approach to perform services. ��i U4 f,&40 INJ6164 N "12 (:�!t Seaw•cr ��,,+. dv�e.QS 1,."Af }(Lte SCtvLV4 weedy" It,, - r'"OWy , 02 d-*cA�lj taR�t�t�cy S7G2.1%Cf A�ec cc%r-A-kcc Z�A 6Usvt, Ss b &a#_5. APZT12 O�WO5 se-PA-e 1O nK*_NV CUsTO%rV'e%zS "4 10. List the equipment (including vehicles), numbers of crews, and number of crew members for each crew available to perform the work. 0e- W oP )rO 5 +-wv & i-•%4 c ze-3S + V44 +--Rt.S I►o Z2(,. �Obv \apX L'�_- r05o �0'-OP ITB 24-0016 Tire Recycling and Disposal Services 1 Page 46 of 50 11. Do youagree with the warranty stated on Section 24.0, Part 2? Yes,,M No ❑ - if no please provide a warranty the company offers. 12. Please list any relevant certifications and/or licenses your personnel holds: f 1F � S'd �o �rrv. • � S � u � d ►J L- N� � >{� � �N- jam'-i'�► j t�1 QJ�- � � T1/ •' ITB 24-0016 Tire Recycling and Disposal Services Page 47 of 50 ITB 24-0016 Tire Recycling and Disposal Services Page 48 of 50 Jon Niermann, Chairman Emily Lindley, Commissioner Bobby Janecka, Commissioner Toby Baker, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution March 17, 2022 Ms. Jodi Parker Owner All American Tire Recyclers 5225 Teague Road Fort Worth, Texas 76140-8119 Re: All American Tire Recyclers - Tarrant County Tires - Registration No. 130004 Application for Used/Scrap Tire Transporter - Update to Registration Tracking No. 27339933/CN605617828; RN111191664 Dear Ms. Parker: The Business and Program Services (BPS) Section has received your request dated March 7, 2 02 1, to update the above -referenced scrap tire registration. The application updates prepared and submitted by Ms. Jodi Parker, are approved. The application is now updated as follows: Facility Name: All American Tire Recyclers Owner/Operator: TJP Enterprises LLC/All American Tire Recyclers Physical Address: 5225 Teague Road, Fort Worth, Texas 76140-8119 The registration identification number will remain as referenced and should continue to be used on all correspondence and documentation related to this registration. Failure to comply with the requirements of 30 Texas Administrative Code Chapter 328, Subchapter F, could result in revocation of your registration. Please note that your operations may be subject to other state and local regulatory requirements, and it is the responsibility of the registration holder to comply with these requirements. If you have questions regarding this registration or requirements related to scrap/used tire management, please contact Mr. Keiandre J. McGruder at (512) 239-4112. Sincerely, Megan Henson, Section Manager Business and Program Services Section Waste Permits Division MH/KJM/nck P.O. Box 13087 Austin, Texas 78711-3087 • 512-239-100.0 • tceq.texas.gov Jon Niermann, C'hainnan l'--I Eriiily Lindley, Commissioner w � f; Bobby Janecka, Commissioner Toby Baker, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution February 22, 2021 . Mr. Thomas Cloud Parker Owner All American Tire Recyclers 5225 Teague Road. Fort Worth, Texas 76140-8119 Re: All American Tire Recyclers - Tarrant County Tires - Registration No. 1.70015 Application for Used/Scrap Tire Processing Facility - Update to Registration CN605035955/RN111195079 Tracking No. 25918558 Dear Mr. Parker: The Business and Program Services (BPS) Section has received your request dated February 9, 2021 to update the above -referenced scrap tare registration. The application updates prepared. and submitted by Ms. Jodi Parker, are approved. The application is now updated as follows: Facility Name; All American Tire Recyclers Owner/Operator: All American Tire Recyclers Physical Address: 5225 Teague Road, Fort Worth, Texas 76140-8119 The registration identification number will remain as referenced and should continue to be used on all correspondence and documentation related to this registration. Failure to comply with the requirements of 30 Texas Administrative Code Chapter 328, Subchapter F, could result in revocation of your. registration. Please note that your operations may be subject to other state and local regulatory requirements and it is the responsibility of the registration holder to comply with these requirements. If you have questions regarding this registration or requirements .related to scrap/used tire management, please, contact. Mr. Keiandre J. MCGruder at (512) 239-4112. Sincerely, Santos Olivarez, Team Lead Business and Program Services Section Waste Permits Division SO/KJM/tw cc: Ms. Jodi Parker, All American Tire Recyclers, Fort Worth '1. P.O. Box '13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov I•low is our custoilier service? tceq.texas.gov/customer survey 3 printed on ruvcled paper Jon N:[ermauii, Chairman 0:1 -• ., \ j Fmily Lindley, Commissioner Bobby ,jan.ecka, Commissioner Toby Baker, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Prei enting Pollution April 5, 2021 Ms. Jodi Parker Chief Operations Officer All American Tire Recyclers 5225 Teague Road. Fort Worth, Texas 76140 Re: All American Tire Recyclers Scrap 'fire Storage Site - Tarrant County Tires -Registration No. 160002 Scrap Tire Storage Site - Transmittal of Registration Tracking No, 25865660; RNI 11'195079/CN605617828 Dear Ms. Parker, The Business and Program Services (BPS) Section, h.as.approved the above -referenced registration. for a scrap tire storage site located at 5225 Teague Road, Fort Worth, Texas 76140. The physical address provided on the Properly Owner Affidavit form (TCE(Z :I.0299) is 5225 Teague Road, Fort Worth, Texas 76140. The scrap tire storage site registration application dated January 7, 2021 and the electronic copies of revisions dated February 2, 2021, February 22, 2021, and February 26, 2021 were received on January 25, 2021 and February 26, 2021 respectively. The application was submitted to comply with the applicable requirements under Title 30 Texas Administrative Code (I'AC) Chapter 328, Subchapter F. Your scrap tire storage site registration identification number is 160002. Please use this identification number in all. your correspondence and documentation related to this scrap tire facility registration. This registration is valid for five years from the elate of this letter and will expire on April 2, 2026. Ali application for renewal should be riled with the TCEQ no later than 60 days prior to the expiration date of the registration. This registration allows you to store a maximum of 56,000 whole used or scrap tires (or weight equivalent of 560 tons of true pieces or shreds or any combination thereof) at the above -referenced site at any given. time per the conditton.s and. representations included in the registration application. As part of the facility's registration application requirements, a closure cost estimate was included to comply with the financial assurance requirements of 30 TAC Chapter F, Section 328.7.1.. The written, estimate certified by a registered professional. engineer included the cost to hire a third party to close the facility based on the maximum number of used or scrap tires authorized, to be stored at the site. Financial assurance in the amount of the approved closure cost has been provided in accordance with 30 TAC Chapter 37, Subchapter M. Please note that the representations provided in your application are enforceable. If there is a change in the information provided in your application, including change in ownership, change in operations, or a change in scrap tire management methods, please contact the BPS Section for guidance on amending your registration or submitting a new registration application. P.O. Box 13087 ^ Austin, Texas 78711-3087 • 512-239-1000 ^ tceq.texas.gov How is our customer service? tceq.texas.gov/customersurvey prinied on ruj,ded paper ALL AMERIEAN TIRE RECYCLERS All American Tire Recyclers (AATR) is a full service zero waste fire recycling company, we currently hold a transporter license, processing license, and a storage pad permit with Texas Commission on Environmental Quality. Our company picks up scrap tires via box truck and 53'ft semi -trailers, we also will provide storage containers for select locations. Our facility accepts drop off during business hours for customers who prefer to bring their scrap tires to our location for processing. Once at our facility the tires are processed into several products including Tire Derived fuel Chips and crumb rubber allowing AATR to prevent land fill usage. AATR processes and manages 20,000 tires per day and operates 24 hours a day, 7 days a week. We service over 500 customers and 5 municipalities. Our commitment to service is unlike any other in our industry, we understand tires and waste accumulate regardless of holidays, economy or other factors which might affect general operating practices. We work to ensure the tires are picked up and invoicing is completed in a timely, efficient manner and the state required documentation is delivered electronically while we retain a repository for record management. AATR was founded in 2015 by Tom and Jodi Parker to provide scrap management in an industry where there was a need for customer service, integrity and ease of use. In the years following 2 investors were added to assist with the necessary growth in a rapidly changing market. Currently we have 60 employees and are able to provide quality service at a fair price for our customers. We currently service the City of Fort Worth, City of Dallas, City of Grand Prairie, City of Irving, and the city of Arlington without difficulty. We look forward to continuing our work with the City of Fort Worth to ensure the city's scrap is processed, managed and created into zero waste products leaving the landfills fire waste free. IS FORT WORTHH) *Ir ADDENDUM TO INVITATION TO BID NO. 24-0016 TIRE RECYCLING AND DISPOSAL SERVICES PURCHASING DIVISION ADDENDUM NO. 1 INVITATION TO BID (ITB): 24-0016 BID OPENING DATE: JANUARY 11, 2024 (UNCHANGED) DATE ISSUED: JANUARY 4, 2024 ITB No. 24-0016 issued December 13, 2023, is hereby amended as follows: 1. Line item #10 on the Price Submittal, Page 4 has been changed to read "Scrap tire transport, any size, mix load (with rims), processing and disposal at Contractor's location." 2. Line item #11 on the Price Submittal, Page 4 has been changed to read "Any size, mix load, scrap tires (with rims), picked up at different site locations by Contractor." 3. Line item #12 "Scrap tire transport, any size, mix load (without rims), processing and disposal at Contractor's location" has been added to the price submittal, Page 4. 4. Line item 13 "Any size, mix load, scrap tires (without rims), picked up at different site locations by. Contractor' has been added to the price submittal, Page 4. 5. ITB 24-0016 Final Bid Document V2 has been added as a separate document. 6. Questions and Answers document is hereby incorporated, in full text on page 2 of this addendum. All other terms and conditions remain unchanged. Jesus Fervt,av�Gez Jesus Fernandez 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: —rTP !Z N'faZI x.$ Ash, I�-t) Arn%v--aw•ti --Dv "-R ryelaPs SIGNATURE: �r NOTE: Company name and signature must be the same as on the original bid documents. Failure to return this form with your sealed bid may constitute grounds for rejection of your offer. ATTACHMENT F DOCUMENT CHECKLIST Refer to Part 1, Section 14.2 for more information on the below required documents. Required Documents Document Page Number(s) of Bid ;Attached? Yes/No Response *Bidder will need to number their bid response in ink* completed and signed Bid Submission Signature Page yis A completed Price Submittal ttachment A - Conflict of Interest Questionnaire Y� i Attachment B - Contractor Contact Information �as Attachment C - Reference Sheet 'e/LDS Attachment D — Contractor's Qualification Questionnaire tq Texas Commission on Environmental Quality (TCEQ) certificates or licenses 1 3 Letter outlining previous work, knowledge of tire recycling and disposal �, p Any addendums sent out after the release of the bid yLs Scanned Copy of all required documents Separate USB Drive with password included if YLF-5 necessary Attachment F — Document Checklist )/LS ITB 24-0016 Tire Recycling and Disposal Services Page 50 of 50 Exhibit E — Verification of Signature Authoritv Form VERIFICATION OF SIGNATURE AUTHORITY TJP Enterprises, LLC dba All American Tire Recyclers 5225 TEAGUE ROAD FORT WORTH, TX, 76140 Contractor hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") 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. Name: Jodi Parker Position: C00 Signature 2. Name: Position: Signature Name: Position: Signature Name: Tam Parller Tom Parker (Sep 13, 202409:42 CDT) Signature of President / CEO Other Title: Date: Sep 13, 2024 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/23/24 M&C FILE NUMBER: M&C 24-0314 LOG NAME: 13P ITB 24-0016 TIRE RECYCLING AND DISPOSAL SERVICES JF ENV SUBJECT (ALL) Authorize Agreement with TJP Enterprises, LLC dba All American Tire Recyclers for Tire Recycling and Disposal Services in an Annual Amount Up to $180,000.00 for a One -Year Initial Term and Authorize Four (4) One -Year Renewals for the Same Annual Amount for the Environmental Services Department RECOMMENDATION: It is recommended that the City Council authorize an agreement with TJP Enterprises, LLC dba All American Tire Recyclers for tire recycling and disposal services in an annual amount up to $180,000.00 for a one-year initial term and authorize four (4) one-year renewals for the same annual amount for the Environmental Services Department. DISCUSSION: The Environmental Services Department approached the Purchasing Division to procure an agreement for tire recycling and disposal services to provide equipment, personnel, and tools necessary to transport, process, and recycle/disposal services of scrap tires. In order to procure these services Purchasing staff issued Invitation to Bid (ITB) No. 24-0016. The ITB consisted of detailed specifications describing the contractor responsibilities and service requirements. The bid was advertised in the Fort Worth Star -Telegram on December 13, 2023, December 20, 2023, December 27, 2023, January 3, 2024, and January 10, 2024. The City received one (1) response. An evaluation panel consisting of representatives from the Environmental Services Department and Park and Recreation Department reviewed and scored the submittal using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. No guarantee was made that a specific amount of services would be purchased. Bidder Evaluation Factors Rank a b c d Total Score ITJP Enterprises, LLC dba All American Tire Recyclers 113.75 10.50 12.50' 30.00 66.75 1 Best Value Criteria: • a. Contractor's qualifications and experience • b. Contractor's ability to provide services (equipment and personnel) • c. Contractor's approach to perform services • d. Cost After evaluation, the panel concluded that TJP Enterprises, LLC dba All American Tire Recyclers presented the best value to the City. Therefore, the panel recommends that City Council authorize an agreement for scrap tire transport, processing and disposal with TJP Enterprises, LLC dba All American Tire Recyclers. Staff certifies that the recommended vendor met the bid specifications. FUNDING: The maximum annual amount allowed under the agreement will be $180,000.00; however, the actual amount used will be based on the need of the department and available budget. I Department (Estimated Annual Amountl Account Name (Environmental Services $180,000.00 ISolid Waste Fund Funding is budgeted in the Disposal account within the Solid Waste Fund for the Solid Waste Drop Stations Department. DVIN BE: The initial estimated bid amount for this procurement was less than $100,000.00, therefore, a Business Equity goal was not applicable. AGREEMENT TERMS: Upon City Council approval, the agreement will begin on October 1, 2024, and expire one year from that date. RENEWAL TERMS: The agreement may be renewed for four additional one-year terms. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: 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. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Solid Waste Fund. Prior to an expenditure being incurred, the Environmental Services Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 Valerie Washington 6192 Oriainatina Business Unit Head: Reginald Zeno 8517 Cody Whittenburg 5455 Additional Information Contact: Jo Ann Gunn 8525 Jesus Fernandez 6467