HomeMy WebLinkAboutContract 29123 CITY SECRETARY I /
CONTRACT NO.
CONTRACT FOR PACKING, TRANSPORTING AND DISPOSAL SERVICES OF
HAZARDOUS, SPECIAL AND SOLID WASTE
This agreement is entered into by and between the City of Fort Worth, Texas, a
home-rule municipal corporation situated in Tarrant and Denton Counties, Texas,
hereinafter called "City," acting herein through Libby Watson, its duly authorized
Assistant City Manager, and Rineco Chemic-3 I Industries, hereinafter called
"Contractor," by and through "'Ja I-e- C, its duly authorized
In consideration of the mutual promises and benefits of this contract, the City and
Contractor agree as follows:
1.
TERM
The initial term of this contract shall be for a period of twelve (12) months, beginning
October 1, 2003 and expiring September 30, 2004. In addition to the initial term, City
shall have the right to renew this contract for up to two (2) consecutive one (1) year
renewal terms. The City may renew this contract by the City Manager executing a
^~' renewal agreement and City Council appropriating the funds.
2.
SCOPE OF CONTRACTOR'S SERVICES
A. Contractor shall perform in a good and professional manner the services listed in
this contract, and those identified in the City's request for proposal dated July 3,
2003 in the manner in which Contractor responded to City's request for proposal
received by the City on July 29, 2003, which shall remain on file with the City's
Department of Environmental Management. The Contractor's response is
attached hereto as exhibits and incorporated into this contract as if fully set forth
herein. Any conflict between such document and the main body of this contract
shall be governed by the terms of the main body of this contract.
B. The City generates hazardous, non-hazardous, special, and solid waste from
various City operations and from collecting abandoned waste and spill waste
through our Spill Response Program. The City generates hazardous, non-
hazardous, special, and solid waste from city operations at approximately 25
facilities. The Spill Response Program generates hazardous, non-hazardous,
special, and solid waste primarily from motor vehicle accidents and abandoned
wastes on city properties and right-of-ways. Materials for disposal under this
contract may include: solvents, thinners, paints, pesticides, heTbicides. fertilizers,
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CRP091703v1 UDR a clot yu.
fungicides, contaminated automotive fluids, acids/bases, printer/copier
chemicals, mercury, mercury contaminated materials, and soil or absorbent
materials contaminated with spilled chemicals. Disposal at Cement Kilns will
NOT be allowed under this contract.
C. Routine Tasks
The work required by Contractor under this contract includes but is not limited to
the following tasks:
• Provide paperwork and documentation needed to complete waste
shipments;
• Provide on-site pickup of waste within ten (10) business days of the
request from the City. If request is made after NOON then the 10-
day clock starts the following business day. City-owned roll-off box
shall NOT be absent from the City facility more than 24 hours;
• Collect, package (containerizing), and label hazardous, non-
hazardous, special, and solid waste;
• Provide transportation services for wastes to disposal or recycling
facilities from fifteen (15) primary separate addresses to be
provided by the City;
• Dispose, recycle and/or reuse of requested materials;
• Provide invoices per shipment site that clearly identify shipment
address, shipment date, manifest(s) number, type of waste,
quantity of each type of waste, etc.
• Provide City fully executed Waste Manifests within 35 days of
pickup date;
• Provide Certificates of Destruction (CD) to the City within 60 days
of pickup date except for Special Waste that will be within 120 days
of pickup date; and
• Provide Quarterly "Waste" Shipment/Handling/Disposal Summaries
within 15 calendar days of the close of the calendar quarter (i.e.,
due on April 15, July 15, October 15, and January 15).
D. Staffing Requirements
• Provide a minimum of one (1) field technician for shipments
containing less than ten (10) containers and a minimum of two (2)
field technicians for shipments greater than ten (10) containers; and
• Provide single point of contact for shipment requests/scheduling.
E. As-Needed Tasks
• Provide all Routine Tasks for other addresses that may arise during
the operation life of this contract;
• Provide roll-off boxes and box transportation for disposal; and
• Provide Haz-Cat Field Analysis.
CRP0917030 Page 2
„,w. 3.
SCOPE OF CITY SERVICES
The City agrees to perform the following services:
A. Designate a City representative to provide timely direction to the Contractor,
render City decisions and to accompany Contractor on waste disposal projects;
B. Coordinate with City facilities, City departments, and any tenants;
C. Provide material'safety sheets (MSDS's) and process information on wastes for
disposal;
D. Provide timely written notice to Contractor of waste disposal projects, detailing
the location(s), type of work and other pertinent information; and
E. Provide the required regulatory information for manifest and shipping paper
information.
4.
SUBCONTRACTORS
If Contractor desires to subcontract any service or services listed under Section 2
"Scope of Contractor's Services” of this Agreement, Contractor agrees to obtain the
City's written acceptance of such subcontractor(s) before allowing such subcontractor(s)
to perform such service or services. Failure of the Contractor to obtain the City's written
acceptance of any and all of the Contractor's subcontractors used in the performance of
this agreement is grounds for automatic termination. In addition, Contractor
acknowledges that City may, at City's own discretion, perform on-site audits of all
proposed subcontractor's facilities in order to determine acceptability.
5.
COMPENSATION
A. In consideration for the work performed by Contractor under this contract, City
shall pay Contractor a sum not to exceed one hundred fifty thousand dollars
and no cents ($150,000.00). Payment shall be based on the unit price charges
contained in the attachments hereto, however, if a waste and its disposal cost is
not listed on the attachments, the parties will attempt to negotiate a unit price for
the disposal of the waste. If the parties are unable to come to an agreement
within ten (10) calendar days, the Contractor acknowledges and agrees that the
City will obtain disposal services for the waste elsewhere. The City is
responsible for notifying Contractor of any questions concerning an invoice, and
CRP0917030 Page 3
Aw shall not be required to pay Contractor until such questions have been resolved.
There will be no minimum work guaranteed under this Contract.
B. Periodically during the performance of this contract, the Contractor's Project
Manager shall inform the City's representatives of his/her best estimate of the
expenses incurred to that time. In the event that the estimate approximates the
"not to exceed" price, Contractor shall prepare to cease its operations unless and
until the contract is amended and an authorized representative of the City directs
Contractor to perform additional work.
C. Contractor shall receive no compensation for delays or hindrances to the work,
except when direct and unavoidable extra cost to Contractor was caused by
City's failure to provide information, if any, which it is required to do. When extra
compensation is claimed, a written statement thereof shall be presented to the
City.
6.
INSURANCE
The Contractor certifies it has, at a minimum, current insurance coverage as detailed
below and will maintain it throughout the terms of this contract. Prior to commencing
work, the Contractor shall deliver to Fort Worth certificates documenting this coverage.
The City may elect to have the Contractor submit its entire policy for inspection.
Contractor also certifies that if it uses a subcontractor in the performance of this
agreement that each subcontractor shall have, at a minimum, current insurance
coverage as detailed below and will maintain it throughout the terms of this contract or
such subcontractor shall be covered under Contractor's insurance.
A. Commercial General Liability Insurance - $2,000,000.00 per occurrence
B. i
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C. Automobile Liability Insurance
a) Coverage on vehicles involved in the work performed under this contract:
$1,000,000 per accident on a combined single limit basis, or:
$500,000 Bodily injury/person
$500,000 Bodily injury/accident
$250,000 Property damage.
b) Uninsured/Underinsured Motorist: $20,000 Bodily Injury each person, $40,000
Bodily Injury each accident; $15,000 Property Damage each accident.
D. Worker's Compensation Insurance - Statutory limits, plus employer's liability at a
minimum of $1,000,000.00 each accident; $1,000,000.00 disease - policy limit;
and $500,000.00 disease -each employee.
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E. Environmental Impairment Liability (EIL) and/or Pollution Liability - $2,000,000.00
per occurrence. Coverage must be included in policies listed in items A and B
above; or, such insurance shall be provided under separate policy(s). Liability for
damage occurring while loading, unloading and transporting materials collected
under the contract project shall be included under the Automobile Liability
insurance or other policy(s).
NOTE: BETWEEN A AND E ABOVE, ANY POLLUTION EXPOSURE,
INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED
WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS
CONTRACT SHALL BE COVERED; IN ADDITION TO SUDDEN AND
ACCIDENTAL CONTAMINATION OR POLLUTION LIABILITY FOR GRADUAL
EMISSIONS, CLEAN-UP COSTS SHALL BE COVERED.
F. The following shall pertain to all applicable policies of insurance listed above:
1. Additional Insured Endorsement: "The City of Fort Worth, its officers,
agents, employees, representatives, and volunteers are added as
additional insureds as respects operations and activities of, or on behalf
of the named insured, performed under contract with the City of Fort
Worth." Reasonably equivalent terms may be acceptable at the sole
discretion of the City of Fort Worth.
2. Subcontractors shall be covered under the Contractor's insurance policies
or they shall provide their own insurance coverage; and, in the latter case,
documentation of coverage shall be submitted to the Contractor prior to
the commencement of work and the Contractor shall deliver such to the
City.
3. Prior to commencing work under the contract, the Contractor shall deliver
to the City of Fort Worth insurance certificate(s) documenting the
insurance required and terms and clauses required.
4. Each insurance policy required by this agreement shall contain the
following clauses: "This insurance shall not be canceled, limited in scope
or coverage, or non-renewed until after thirty (30) days prior written notice
has been given to the Director of Environmental Management, City of Fort
Worth, 1000 Throckmorton, Fort Worth, Texas 76102."
5. The insurers for all policies must be approved to do business in the State
of Texas and be currently rated in terms of financial strength and
solvency to the satisfaction of the Director of Risk Management for the
City of Fort Worth.
6. The deductible or self-insured retention (SIR) affecting the coverage
required shall be acceptable to the Risk Manager of the City of Fort
Worth; and, in lieu of traditional insurance, alternative coverage
maintained through insurance pools or risk relations groups must be also
approved."
CRP091703v1 Page 5
7.
INDEMNIFICATION
A. For purposes of.this contract, the following words and phrases shall be defined
as follows.-
1.
ollows:1. Environmental Damages shall mean all claims, judgments, damages,
losses, penalties, fines, liabilities (including strict liability), encumbrances,
liens, costs, and expenses of investigation and defense of any claim,
whether or not such claim is ultimately defeated, and of any good faith
settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including
without limitation reasonable attorney's fees and disbursements and
consultant's fees, any of which are incurred as a result of handling,
collection, transportation, storage, disposal, treatment, recovery, and/or
reuse of waste pursuant to this contract, or the existence of a violation of
environmental requirements pertaining to, and including without limitation:
a. Damages for personal injury and death, or injury to property or
natural resources,-
b.
esources;b. Fees incurred for the services of attorneys, consultants,
contractors, experts, laboratories and all other costs in connection
with the investigation or remediation of such wastes or violation of
environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports of the performance
of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by
any federal, state or local governmental agency or political
subdivision, or otherwise expended in connection with the
existence of such wastes or violations of environmental
requirements, and including without limitation any attorney's fees,
costs and expenses incurred in enforcing this contract or collecting
any sums due hereunder; and
C. Liability to any third person or governmental agency to indemnify
such person or agency for costs expended in connection with the
items referenced in paragraph 2 below.
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
CRP091703v1 Page 6
regulatory decrees, judgments, and orders relating to the protection of
human health or the environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, permitting, investigation, and remediation of
emissions, discharges, releases, or threatened releases of
hazardous materials, pollutants, contaminants or hazardous or toxic
substances, materials, or wastes whether solid, liquid, or gaseous
in nature, into the air, surface water, groundwater, stormwater, or
land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants,
contaminants, or hazardous or toxic substances, materials, or
wastes, whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and
safety of employees or the public.
B. GENERAL INDEMNIFICATION. CONTRACTOR DOES HEREBY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR
CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR
DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR
DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF
THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE NEGLIGENCE OF CONTRACTOR, ITS OFFICERS,
AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF
CONTRACTOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY
OTHER PERSON OR ENTITY.
C. ENVIRONMENTAL INDEMNIFICATION: CONTRACTOR DOES HEREBY
RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS
"fHE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS,
AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE
VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS
RESULTING FROM THE HANDLING, COLLECTION, TRANSPORTATION,
TESTING, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR
REUSE, BY ANY PERSON, OF WASTE COLLECTED PURSUANT TO THIS
CONTRACT.
D. The obligations of the Contractor under this Section 7 shall include, but not be
limited to, the burden and expense of defending all claims, suits and
administrative proceedings (with counsel reasonably approved by City), even if
such claims, suits or proceedings are groundless, false, or fraudulent, and
conducting all negotiations of any description, and paying and discharging, when
CRP0917030 Page 7
and as the same become due, any and all judgments, penalties or other sums
due against such indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability that Contractor is required
hereunder to indemnify, City shall provide Contractor with reasonably timely
notice of same.
F. The obligations of the Contractor under this Section shall survive the expiration of
this contract and the discharge of all other obligations owed by the parties to
each other hereunder.
G. In all of its contracts with subcontractors for the performance of any work under
this contract, Contractor shall require the subcontractors to indemnify the City in
a manner consistent with this section.
8.
WARRANTY
Contractor warrants that it understands the currently known hazards and suspected
hazards that are present to persons, property and the environment by providing
packing, transporting, and disposal of hazardous, special and solid waste. Contractor
further warrants that it will perform all services under this Contract in a safe, efficient
and lawful manner using industry accepted practices, and in full compliance with all
applicable state and federal laws governing its activities and is under no restraint or
order which would prohibit performance of services under this Contract.
9.
LICENSES AND PERMITS
Contractor certifies that on the day work is to commence under this contract, and
during the duration of the contract, it shall have and maintain current valid and
appropriate federal and state licenses and permits necessary for the provision of
services under this contract.
Contractor also certifies that if it uses any subcontractor in the performance of
this contract, that such subcontractor shall have and maintain current valid and
appropriate federal and state licenses and permits necessary for the provision of
services under this contract.
CRP091703v1 Page 8
Aw, 10.
TERMINATION
A. City may terminate this contract without cause by giving 30 days written notice to
Contractor, provided that such termination shall be without prejudice to any other
remedy the City may have. In the event of termination, any work in progress will
continue to completion unless specified otherwise in the notice of termination.
B. If the City terminates this contract under paragraph A of this section, City shall
pay Contractor for all authorized services performed prior to the termination
notice.
C. All completed or partially completed original documents prepared under this
contract shall become the property of the City when the contract is terminated,
and may be used by the City in any manner it desires; provided, however, that
the Contractor shall not be liable for the use of such documents for any purpose
other than as described when requested.
D. In the event either party defaults in the performance of any of its obligations
under this contract, misrepresents to the other a material fact, or fails to notify-the
other party of any material fact which would affect the party's performance of its
obligations hereunder, the non-defaulting party shall have a right to terminate this
contract upon giving the defaulting party written notice describing the breach or
omission in reasonable detail. The defaulting party shall have a thirty (30) day
period commencing upon the date of notice of default in which to affect a cure. If
the defaulting party fails to affect a cure within the aforesaid thirty (30) day
period, or if the default cannot be cured, the contract shall terminate as of the
date provided in the notice of default.
11.
DEFAULT
A. Contractor shall not be deemed to be in default because of any failure to perform
under this contract, if the failure arises from causes beyond the control and
without the fault or negligence of Contractor. Such causes shall include acts of
God, acts of the public enemy, acts of Government, in either its sovereign or
contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather.
B. If the failure to perform is caused by the failure of a subcontractor of Contractor's
to perform, and if such failure was beyond the control of both the Contractor and
the subcontractor, without their fault or negligence, Contractor shall not be
deemed to be in default unless the subcontracted supplies or services were
reasonably obtainable from other sources.
AM-
CRP091703v1 Page 9
C. Alternatively, if at any time during the term of this contract the work of Contractor
fails to meet the specifications of the contract documents, City may notify
Contractor of the deficiency in writing. Failure of Contractor to correct such
deficiency and complete the work required under this contract to the satisfaction
of City within ten days after written notification shall result in termination of this
contract. All costs and attorneys fees incurred by City in the enforcement of any
provision of this contract shall be paid by Contractor.
D. The remedies provided for herein are in addition to any other remedies available
to City elsewhere in this contract.
12.
RIGHT TO AUDIT
A. City shall, until the expiration of five (5) years after final payment under this
contract, have access to and the right to examine any directly pertinent books,
documents, papers and records of Contractor involving transactions related to
this contract. Contractor shall give City access during normal working hours to
all necessary Contractor facilities in order to conduct audits in compliance with
the provisions of this paragraph. City shall give Contractor reasonable advance
notice of intended audits.
B. Contractor shall include in all its subcontracts hereunder a provision to the effect
that the subcontractor shall give City, until the expiration of five (5) years after
final payment under the subcontract, access to and the right to examine any
directly pertinent books, documents, papers and records of such subcontractor
involving transactions to the subcontract, and further, that City shall have access
during normal working hours to all appropriate work space, in order to conduct
audits in compliance with the provisions of this paragraph. City shall give
subcontractor reasonable advance notice of intended audits.
13.
INDEPENDENT CONTRACTOR
Contractor shall perform work under this contract as an independent contractor
and not as an agent or employee of City. City shall not be considered the employer, co-
employer or joint employer of the officers, employees or agents of Contractor.
Contractor shall have the sole control, supervision, direction and responsibility over its
officers, employees and agents and shall have the sole responsibility for determining
the manner and means of providing the work described in this contract, except as
outlined in this contract or as otherwise required by federal, state, county or city law,
regulation or rule.
CRP091703v1 Page 10
.� 14.
NON-DISCRIMINATION
A. During the performance of this contract, Contractor agrees not to discriminate
against any employee or applicant for employment because of race, religion,
color, sex or national origin, except where religion, sex or national origin is a
bona fide occupational qualification reasonably necessary to the normal
operation of the Contractor. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of the non-discrimination clause.
B. Contractor also agrees that in all solicitations or advertisements for employees
placed by or on behalf of this contract, that Contractor is an equal opportunity
employer.
C. Notices, advertisements, and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
15.
GOVERNING LAW
AAW The City and Contractor agree that the validity and construction of this contract shall be
governed by the laws of the State of Texas, except where preempted by federal law.
16.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by
either party of any provision or condition of the contract shall not be construed or
decreed to be a waiver of any other provision or condition of this Contract, nor a waiver
of a subsequent breach of the same provision or condition, unless such waiver be
expressed in writing by the party to be bound.
17.
ENTIRETY
This contract, the contract documents and any other documents incorporated by
^� reference herein contain all the terms and conditions agreed to by the City and
CRP091703v1 Page 11
Contractor, and no other contracts, oral or otherwise, regarding the subject matter of
this contract or any part thereof shall have any validity or bind any of the parties hereto.
18.
ASSIGNMENT
The City and Contractor bind themselves and any successors and assigns to this
contract. Contractor shall not assign, sublet, or transfer its interest in this contract
without written consent of the City. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of the City, nor shall it be construed
as giving any rights or benefits hereunder to anyone other than the City and Contractor.
19.
NOTICE
Notices required to be made under this contract shall be sent to the following
persons at the following addresses; provided, however, that each party reserves the
right to change its designated person for notice, upon written notice to the other party of
such change:
If to City:
o._
Written notice shall be sent to:
Brian Boerner, Director
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
Questions should be directed to:
Name: Michael Gange
Department of Environmental Management
1000 Throckmorton
Fort Worth, Texas 76102
(817) 871- 8592; FAX (817) 871-6359
CRP0917030 Page 12
If to Contractor:
Rineco Chemical Industries (--
Name of Contact Person: 143 t-�P A
Address: e ' C 6ti /2-
Telephone: �goj- 3-?2- L1694ax: '5-0I--7-7 8 s!E� �5 "�
20.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and
conditions of this contract, venue for said action shall be in Tarrant County, Texas.
21.
SEVERABILITY
The provisions of this contract are severable; and if for any reason any one or
more of the provisions contained herein are held to be invalid, illegal or unenforceable in
any respect, the invalidity, illegality or unenforceability shall not affect any other
provision of this contract, and this contract shall remain in effect and be construed as if
the invalid, illegal or unenforceable provision had never been contained in the contract.
22.
MODIFICATION
No modification of the contract shall be binding on Contractor or City unless set
out in writing and signed by both parties.
This agreement has been executed by the parties in Tarrant County, Texas, on
Z'i H, 2003.
CITY OF FORT WORTH RINECO CHEMICAL INDUSTRIES
Li atson, A istant City Manager President or VA P esident
CRP0917030 Page 13
Rineco Signature Page 2
APPROVED AS TO FORM WITNESS:
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Assistant-Uty Attorney Name.-
Title:
ATTEST: CORPORATE SEAL:
A
Gloria Pears6 ity Secretary
Conq t AUtv_h"orLixzA80t%01*0w#ns
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CRP091703v1 Page 14
City of Fort Worth, Texas
"Agar And 4:oundl communication
DATE REFERENCE NUMBER LOG NAME GE
PA
9/16/03 **C-19752 52HAZWASTE 1 of 2
SUBJECT AWARD OF CONTRACT TO RINECO CHEMICAL SERVICES, INC. FOR HAZARDOUS
WASTE DISPOSAL
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a contract with Rineco Chemical Services, Inc. for the
packaging, transportation, and disposal of hazardous waste; and
2. Authorize this contract to begin October 1, 2003, and expire September 30, 2004, with two annual
renewal options with a total cost not to exceed $150,000 per year.
DISCUSSION:
Various City departments utilize and/or generate products that cannot be disposed of by traditional solid
waste methods. In order to comply with federal and state requirements regarding such disposal, the
Environmental Management Department requires the professional services of a hazardous waste
disposal contractor. Materials for disposal under this contract include, but are not limited to, solvents,
thinners, paints, pesticides, contaminated automotive fluids, acids/bases, printer/copier chemicals, and
soil or absorbent materials contaminated with spilled chemicals.
A Request for Proposals (RFP) was issued on July 3, 2003, for a contractor to package, transport, and
dispose of hazardous waste generated by the City. Proposals were received on July 31, 2003, from the
following companies:
AMX Environmental Evolution, Ltd.
Clean Harbors Environmental Services, Inc.
Heritage Environmental Services, LLC
Rineco Chemical Services, Inc.
Teris NA
Proposals were evaluated based on a predetermined combination of qualitative and quantitative (point)
measures to determine the recommendation for award of contract. These measures included
evaluation of such factors as legal record, experience, qualifications, performance records, cost and
references. Based on the total point distribution of those measures and a site audit, staff recommends
award of contract to Rineco Chemical Services, Inc. In addition, their proposal contained the lowest
overall costs to be incurred by the City under this contract.
The final contract price will be determined by the actual quantity of materials sent for disposal to the
contractor based on the unit prices in the proposal. Because of the variability in the amount and type of
waste, a not to exceed amount has been set at $150,000 per year.
City of Fort Worth, Texas
"Agar And 4:0(incit Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/16/03 **C-19752 52HAZWASTE 2 of 2
SUBJECT AWARD OF CONTRACT TO RINECO CHEMICAL SERVICES, INC. FOR HAZARDOUS
WASTE DISPOSAL
Renewal of the contract may be effected by notice in writing by the City Manager or his designated
representative to the contractor within sixty days prior to the expiration of the term. Contract renewal
will not require specific City Council approval, provided the City Council has appropriated sufficient
funds to satisfy the City's obligations during the renewal term.
A waiver of the M/WBE requirements was requested by the department and approved by the M/WBE
office because the purchase of services is from sources where subcontracting or supplier opportunities
are negligible.
FISCAL INFORMATION/CERTIFICATION-
The Finance Director certifies that funds are available in the proposed FY2003-2004 operating budget
of the Environmental Management Fund.
LW:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Brian Boemer 8079 (from) APPROVED 09/16/03
R103 539410 0524106 $150,000.00
Additional Information Contact:
Brian Boemer 8079