HomeMy WebLinkAboutContract 28217 CITY SECRETARY
CONTRACT Np.
CONTRACT
BETWEEN
CITY OF FORT WORTH
AND
TOTER, INCORPORATED
PROJECT # DEM002-02:CART
FOR
SELL, DELIVERY, AND MAINTAIN
RECYCLING AND GARBAGE CARTS
NOVEMBER 2002
r
City of Fort Worth, Texas
A4ayoip ANd Ooiumdd 0oommiumicatiom
DATE REFERENCE NUMBER I LOG NAME PAGE
11/5/02 C-19336 52CARTS 1 of 2
SUBJECT AUTHORIZATION TO EXECUTE A CONTRACT WITH TOTER, INC. TO SELL,
DELIVER, MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to negotiate and execute a contract with Toter, Inc. for the sale,
delivery, maintenance and financing of recycling and garbage carts; and
2. Authorize this contract to begin November 1, 2002, and expire March 31, 2013; and
3. Authorize the City Manager to execute a contract with Bank of America for lease-purchase financing
to fund this purchase, subject to negotiating a mutually acceptable lease-purchase agreement.
DISCUSSION:
On June 27, 2002, the City received proposals from five prospective contractors in response to a
Request for Proposal (RFP) to sell recycling and garbage carts to the City, to deliver these carts to all
residential customers of the City, to maintain these carts for a period of 10 years, and to provide options
to the City on financing the purchase of these carts.
Following initial proposal evaluations, the evaluation committee comprised of five representatives from
the M/WBE Office, the Environmental Management Department, and the Law Department, with
significant input from the consulting firm of Gershman, Brickner and Bratton, selected three firms for
interviews, presentations and negotiations. At the completion each interview, best and final offers from
these three firms were requested. After an in-depth evaluation of these best and final offers, Toter, Inc.
is recommended as awardee for these recycling and garbage cart services based on evaluation factors
enumerated on the attached RFP proposal evaluation matrix.
The scope of work for these services provides for the delivery of either 150,000 or 300,000 recycling
and garbage carts, at the direction of the City Council, to residential customers within the City, to
provide third-party financing to the City to purchase these carts, and to maintain the carts through
March 31, 2013.
Public forums inviting citizen and provider comments were held on March 4 and 5, 2002. An RFP was
advertised on May 15, 2002. The Environmental Management Department solicited proposals from all
known cart manufactures, including those in the purchasing system database, Internet searches, and
those known through cart comparison articles in solid waste trade magazines.
A pre-proposal conference was conducted on May 30, 2002, with representatives from nine firms that
either manufacture carts or provide services associated with cart systems in attendance. A total of six
responses were received, one of which was a "no-bid".
PROPOSAL EVALUATION - See attached evaluation matrix.
o
City of Fort Worth, Texas
)HAYOF and 00hiteid 001AIRSINication
DATE REFERENCE NUMBER LOG NAME PAGE
11/5/02 C-1933 552CARTS 2 of 2
SUBJECT AUTHORIZATION TO EXECUTE A CONTRACT WITH TOTER, INC. TO SELL,
DELIVER, MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
M/WBE - Toter, Inc. is in compliance with the City's M/WBE Ordinance by committing to a minimum of
25% M/WBE participation. The City's goal on this project is 25%.
Subject to negotiating a mutually acceptable agreement, lease-purchase financing to purchase the
carts will be obtained through Bank of America. The payout will be over a ten-year period, at an
estimated cost of$984,603 per year, and at an annual rate of 3.22%.
Charges for delivery of the carts are estimated at $675,000 and will be paid from current funds as
billings are received. The estimated cost for cart repair and maintenance for FY2002-2003 is $232,650.
The estimated cost of the cart maintenance over the ten-year contract term is $4,653,000.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Solid Waste Fund, and that subsequent year operating costs will be budgeted.
CB:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 6183
Originating Department Head:
Brian Boerner 8079 (from) APPROVED 11/05/02
PE64 524010 0525002 $984,603.00
Additional Information Contact: PE64 539120 0525002 $232,650.00
PE64 539120 0525002 $675,000.00
Brian Boerner 8079
TABLE OF CONTENTS
FORT WORTH, TEXAS
Project Number: DEM02-02:CART
Sell, Deliver, Maintain and Finance Recycling and Garbage Carts
Cover Letter
City of Fort Worth's RFP
2.1 Proposal Document Checklist
2.2 Acknowledgement of Receipt of Addenda
2.3 Bid Bond
2.4 Proposal Summary
2.6 Technical Description
I. Timeline of Major Events
II. Assembly and Delivery
III. Delivery Plan
IV. Service Program
V. Product Information
2.6 Toter's Proposed Cost to the City of Fort Worth
I. Third Party Financing
II. Options Pricing
2.7 Qualifications
I. Toter Incorporated Statement of Qualifications
ll. Company Overview
III. Manufacturing Facilities and Capacities
IV. Advanced Rotational Molding
V. Key Personnel Assigned to Contract
VI. Toter Inc. Organizational Chart
VII. Resource Marketing Statement of Qualifications
2.8 Financial Information
2.9 List of Subcontracts
2.10 Compliance to State Law
North Carolina Statute
2.11 Insurance Certificates
• Toter Inc. Insurance Certificate of Insurance
• Resource Marketing Certificate of Insurance
STATE OF TEXAS
COUNTIES OF DENTON TARRANT AND WISE
CONTRACT TO SELL,DELIVER,AND MAINTAIN RECYCLING AND GARBAGE CARTS
This Contract is entered into by and between the City of Fort Worth, a home-rule municipality located within Denton,
Tarrant, and Wise Counties, Texas, acting through Libby Watson, its duly authorized assistant city manager ("City"), and
Toter, Incorporated, a North Carolina corporation registered in the State of Texas, acting through Larry Boppe, its duly
authorized President("Vendor").
In this Contract, the following words and phrases shall be defined as follows:
Cart means a leak-proof container with attached lid and wheels that will allow the automated or semi-automated
collection of recyclables, their residue and garbage as specified in this Contract.
Contract Document means the Proposal Documents, Specifications, Purchase Order and Amendments, complete copies
of which are contained in a binder labeled "Contract Documents" and this Contract. Each Party shall receive on
execution of this Contract a copy of the Contract Document.
Director means the Director of the Department of Environmental Management or the Director's designee.
Deliverable Document means a report, photograph, or an invoice that shows the completion of one of the work tasks
and/or subtasks.
Project means the following, but is not limited to, the scope of work, schedules, and technical specifications as
described in the RFP and this Contract.
RFP means the Request for Proposal Project number: DEM002-02:CART.
WITNESSETH: in consideration of the payments, to be made and performed by City, Vendor hereby agrees to
commence and complete the following:
1. Duties and Responsibilities of Vendor
Vendor agrees to supply and deliver up to approximately 300,000 carts of varying sizes for the collection of single
stream recycling and garbage and to provide service for the maintenance of these carts for a period of ten(10)
years. The carts will be provided in two phases. Phase One shall commence upon the execution of this Contract
and shall cover approximately 150,000 carts of varying sizes, which shall be delivered in accordance with Section
3 below. Phase Two shall consist of approximately 150,000 carts of varying sizes and shall commence upon the
execution of this Contract. The exact schedule for the implementation of Phase One and Phase Two will be
mutually agreed to by the parties and shall describe the approximate number of each size of cart that the City
intends to request be supplied and delivered during Phase One and Phase Two of the Project and shall be set forth
as amendments to this Contract in a timely fashion "f�JgJ,) ., ,,,J- (��7� �(�J�{(p��
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2. Term
a. The term of this Contract will begin on the date this contract is signed by all required parties and will end on
March 31, 2013.
b. City reserves the right to extend the term of the Contract past the expiration date to allow task orders which were begun
prior to the expiration of the contract to be completed. The City Manager is authorized to extend the term of this
Contract for such purpose. City shall have the right to extend this Contract for up to two (2) consecutive one-year
renewal terms. All extensions of the term of the contract shall require that City and Vendor agree in writing on the
terms of such extension at least thirty (30) days prior to the end of the initial or renewal term. All renewals shall
have the same terms, conditions and fees as set forth herein, unless agreed to otherwise in writing by both parties in
an amendment to this contract.
3. Delivery and Assembly
a. Vendor shall commence manufacturing of carts required to be delivered pursuant to Phase One as soon as this Contract
Vvendor
been approved by City Council and signed by the City. Vendor shall begin delivery of carts to a staging area
ta ed a thereafter. The staging area must be secured by at least a fence and shall be ready for use by
on�1,2002. Vendor may begin door-to-door residential delivery of or after February 15,
03. ere y no a er ` ' ,
hovi== that ifapprove an sign ,
b. Once delivered to the staging area, Vendor shall assemble, deliver and maintain carts. All deliveries must be made
pursuant to written purchase order issued by the City. Carts shall be delivered to ensure an April 1, 2003 start date for
the City's services and no later than the Final Delivery Date. City assumes no liability for any goods delivered without
such purchase order. All deliveries shall be made according to direction from the Director of Environmental
Management.
c. All carts shall meet the technical specifications for Models 76532, 76564, 79264 and 76596 unless an exception has
been made and agreed to in written form by the City. The cart will be hot stamped with "PROPERTY OF CITY OF
FORT WORTH", and a Logo as designed by the City, on the side of the cart. Stamping will be done in 1" white
block letters. Serial numbers shall be hot stamped on the cart body using a numbering system designated by the
Director.
d. Vendor shall attach an informational packet provided by the City to the cart in a waterproof container, in a location
specified by the Director for the purpose of providing instruction for proper use of the cart. Such informational packet
shall be provided by the City no later than December 31, 2002.
e. Vendor shall deliver the cart in a place easily serviced by the City, at City's direction. Vendor shall remedy failure to
do so by notifying the individual resident of proper placement within three working days.
f. Vendor shall record the serial numbers on each cart into the vendor's database showing the cart by serial number
delivered to each address. Vendor shall provide to the City a third party computer software program called "Versa
Tolls" by Cartegraph Software that is capable of supplying the City with detailed information as to the performance
of the required services under the Contract, including but not limited to, service times, types of service performed,
new container additions, replacement containers, and types of repairs being made. Such software will run in the
computing environment specified by Cartegraph Software. _
CRL200211.07.02CRL 2
4. Compensation
Vendor shall be paid and City shall be billed on the following basis:
a. Price per cart-32gallon $24.60
Price per cart-64 gallon $29.93
Price per cart-96 gallon $34.13
b. Price for assembly and delivery per cart as directed by City $2.25
c. Maintenance,repair, replacement and distribution of City carts for 10 year period of warranty.
Price per cart per year with the"Pay as you Throw"plan:
Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
$1.26 $1.30 $1.34 $1.38 $1.42 $1.46 $1.51 $1.55 $1.60 $1.64
Price per cart without the"Pay as you Throw"plan:
Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
$1.26 $1.30 $1.34 $1.38 $1.42 $1.46 $1.51 $1.55 $1.60 $1.64
d. Price per City requested swap (one per resident per year) $5.00
Proposal Evaluations:
(a) above X 22,500 units(32 gallon carts) $553,500
above X 150,000 units(64 gallon carts) $4,489,500
above X 127,500 units(96 gallon carts) $4,351,575
(b) above X 300,000 units $675,000
(c)above with"Pay as you Throw"X 300,000 units X year one price plus 300,000 units X
year two price, etc. $3,978,000
(d) above with"Pay as you Throw"X 300,000 units X year one price plus 300,000 units X
year two price, etc. e, � �� �; 1 989,000
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CRL200211.07.02CRL 3 � �r! w
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Cost of each additional requested cart swap as a result of"Pay as you Throw" $5.00
e. Vendor shall invoice for carts (including assembly and delivery) upon delivery to the City's staging area and shall
invoice for maintenance monthly in arrears. City will make reasonable efforts to make payments within 30 days of
receipt of invoice but in any event shall make payment within 60 days.
f. The City and Vendor agree that the total cost of this Contract shall not exceed $ 17,500,000.00 (the "Not-to-
Exceed Amount"). City and Vendor have agreed to unit prices, employee labor rates, and cost estimates for
technology methods. 'Riese tire iler.AuAd into t�ir,
g. The City will not be liable for any Vendor costs in excess of the Not-to-Exceed amount unless the City has signed
and issued a formal amendment to the contract.
h. The City shall purchase carts on the terms and conditions set forth in this Contract as needed to support the annual
growth of the City.
5. Warranty
a. Vendor shall provide a full and non-prorated warranty for a period of ten(10)years. City shall not be billed for any
repairs or maintenance to any cart during this time.
b. Vendor warrants that for a period of ten years from the date of delivery and/or installation, whichever is later, the
carts provided, shall be free of any defects that interfere with or prohibit the use of the goods for the purposes for
which they were obtained. Such purposes shall be those stated in the RFP.
c. During the warranty period, City may, at its option, request that Vendor repair or replace any cart that fails to meet
the warranties contained herein. In such event, Vendor shall repair or replace the cart, at Vendor's expense, within
48 business hours from the time a request for service is placed.
d. The warranty shall include but not be limited to the following factors:
1. Failure of the lid to prevent rainwater from entering the container when closed on the container of the body.
2. Damage to the container body, the lid, or any component parts through opening or closing the lid.
3. Failure of the lid hinge to remain fully functional and continually hold the lid in the originally designed
and intended positions when either opened or closed.
4. Failure of any metal components to remain free of excess rust and corrosion.
5. Failure of any plastic component to be resistant to damage in the event of contact with any common
household or residential product/chemical other than those listed by the Vendor.
6. Failure of any plastic component resulting from damage by rodents or other wildlife.
7. Failure of any portion of the bottom of the damage cart to remain impervious to wear-through caused by
repeated contact with rough and abrasive surfaces.
8. Failure or damage to cart assemblies caused by any incompatibility of the cart and the City's or its
contractor's hydraulic dumping units.
6. Maintenance, Repair, and Replacement
a. Vendor shall maintain, repair, and replace all carts required to be maintained, repaired and replaced in accordance
with Section 5 above and as specified in the RFP Section 3.0 TECHNICAL SPECIFICATIONS under "Cart
Warranty and Delivery of Carts—Maintenance, Repair, Replacement and DistribfF
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b. City shall make all requests to Vendor through an electronic work order or facsimile. Vendor shall make the
necessary repairs or replacements within 48 business hours after a work order is placed by the City.
c. Vendor shall maintain computer software for recording such requests and Vendor's response to such requests
and shall provide such data to the City at the City's request. VENDOR WARRANTS AND REPRESENTS
THAT IT IS THE OWNER OF OR OTHERWISE HAS THE RIGHT TO AND DOES HEREBY GRANT
CITY A LICENSE TO USE ANY SOFTWARE PROVIDED FOR THE PURPOSES FOR WHICH THE
SOFTWARE WAS OBTAINED.
d. During normal operations, and after the initial six months of Phase One and Phase Two cart delivery, Vendor
shall deliver swap out carts (either larger or smaller capacity) as requested by the resident within 7 business
days from the time a request for such a swap is received by Vendor. During the initial six-month period of both
Phase One and Phase Two, both parties to this contract shall work diligently to provide swap out carts to the
resident within a reasonable period of time. In the event of a significant program change that results in an
unusual number of swap out requests, Vendor will work diligently to provide swap out carts in a reasonable
period of time. Each swap out will be at the City's expense in accordance with Section 4 above.
7. Copyright, Trademark, Service Mark, or Patent Infrin ement
a. Vendor shall, at its own expense, be entitled to and shall have the duty to defend any suit which may be brought
against City to the extent that it is based on a claim that the products or services furnished infringe a Copyright,
Trademark, Service Mark, or patent. Vendor shall further indemnify and hold harmless against any award of
damages and costs made against City by a final judgment of a court of last resort in any such suit.
b. If the products or services furnished under this Contract are likely to, or do become, the subject of such a claim of
infringement,then without diminishing Vendor's obligation to satisfy the final award,Vendor may at its option and
expense:
1. Procure for City the right to continue using the products or services.
2. Replace or modify the alleged infringing products or services with other equally suitable products or
services that are satisfactory to City, so that they become non-infringing.
3. Remove the products or discontinue the services and cancel any future charges pertaining thereto.
4. Provided, however,that Vendor will not exercise option 3 until City has determined that options 1 and 2 are
impractical.
8. Independent Contractor
The City agrees to hire Vendor as an independent contractor, and not as an officer, servant, or employee of the City.
Vendor shall have the exclusive right to control the details of the work performed hereunder, and all persons
performing same, and shall be solely responsible for the negligent acts and omissions of its officers, agents,
employees, and subcontractors. Nothing herewith shall be construed as creating a partnership or joint venture between
the City and Vendor, its officers, agents, employees, and subcontractors; and the doctrine of respondent superior has
no application as between the City and Vendor.
CRL200211.07.02CRL 5
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9. Default and Termination
a. Vendor 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 Vendor. Such causes shall include
acts of God, acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, acts of
terrorism, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe
weather for the area.
b. If the failure to perform is caused by the failure of a subcontractor of Vendor's to perform, and if such failure
was beyond the control of both the Vendor and the subcontractor, without their fault or negligence, Vendor
shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable
from other sources.
c. If Vendor fails to begin work herein provided for within the time specified above, or to complete such work
within the time specified above, within the true meaning of this Contract, City shall give Vendor written notice
of such failure. Vendor shall respond in writing to such notice within five (5) business days and, in the event
that such response does not resolve the issue, representatives of the City and the Vendor shall meet within ten
(10) business days of the original notice from the City to discuss and attempt to resolve the issue. In the event
Vendor has not cured the failure within thirty days from the date of the original notice from the City, then City
shall have the right to take charge of and complete the work in such a manner as it may deem appropriate. If
City exceeds the costs detailed in the attached documents, City may deliver to Vendor a written itemized
statement of the total excess costs, and Vendor shall reimburse City for such excess costs without delay.
d. Alternatively, if at any time during the term of this Contract the work of Vendor fails to meet the specifications
of the Contract documents, City may notify Vendor of the deficiency in writing. Failure of Vendor to correct
such deficiency and complete the work required under this Contract to the satisfaction of City within thirty (30)
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 Vendor.
e. Either party may also terminate this Contract with or without cause upon thirty (30) days prior written notice to the
other party, provided that such termination shall be without prejudice to any other remedy the parties may have. In
the event of termination, any work in progress will continue to completion unless specified otherwise in the notice
of termination. The City shall pay for any such work in progress, and reasonable closure costs,that is completed by
Vendor and accepted by the City.
f. The remedies provided for herein are in addition to any other remedies available to City.
10. Right to Audit
City and Vendor agree that, until the expiration of three (3) years after the final payment under this Contract, the City
shall have access to and the right to examine any pertinent books, documents, papers and records of the Vendor
involving transactions relating to this Contract. Vendor further agrees to include in all its subcontracts hereunder a
provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under the subcontract, have access to papers and records of such subcontractor involving transactions relating
to the subcontract. The term "subcontract" as used herein includes purchase orders.
11.Minority and Women Business Enterprises
Contractor has committed to 5%percent for Minority/Women Business Enterprise participation on the ract.
CRL200211.07.02CRL 6 � U i C'� �u�5ilWilp
12. Modification of Contract
This contract may be modified only by written amendment executed by all parties and their signatories hereto.
13.Non-Discrimination
a. During the performance of this Contract, Vendor 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 Vendor. Vendor agrees to
post in conspicuous places, available to employees and applicants for employment, notices setting forth the
provisions of the non-discrimination clause.
b. Vendor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract,
that Vendor 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.
14.Insurance
Vendor certifies that it has and will maintain during the term of this Contract, at least the following insurance covering
the services to be performed:
a. Commercial General Liability Insurance- $1,000,000 each occurrence and$2,000,000 aggregate.
b. Automobile Liability Insurance—
Coverage on vehicles involved in the work performed under this Contract:
♦ $1,000,000 per accident on a combined single limit basis
or:
♦ $500,000 Bodily injury/person
♦ $250,000 Property damage
♦ $2,000,000 Aggregate
C. Worker's Compensation—
a) Statutory limits for Worker's Compensation plus
b) Employer's liability at a minimum:
♦ $1,000,000 each accident;
♦ $1,000,000 disease -policy limit; and
♦ $1,000,000 disease - each employee.
d. The following shall pertain to all applicable policies of insurance listed above:
46
1. Each insurance policy required by this Contract, except for Workers Compensation insurance and
professional liability insurance policies shall be endorsed to include that the City, its officers,
agents, employees, representatives, and volunteers as additional insured as respects operations and
activities of,or on behalf of the named insured,performed under contract with the City.
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CRL200211.07.02CRL 7 r8Tu � v� ItiU
642. Subcontractors shall be covered under the Vendor's insurance policies, or they shall provide their
own insurance coverage; and, in the latter case, documentation of coverage shall be submitted to the
Vendor prior to the commencement of work and the Vendor shall deliver such to the City.
"3. Prior to commencing work under the Contract, the Vendor shall deliver to the City insurance
certificate(s)documenting the insurance required and terms and clauses required.
"4. The deductible or self-insured retention (SIR) affecting the coverage required shall be acceptable to
the Risk Manager of the City; and in lieu of traditional insurance, alternative coverage maintained
through insurance pools or risk retention groups must also be approved."
15.Per Bond
Vendor shall be required to give the City surety in the amount set forth below. Vendor shall be required to furnish two
bonds covering both performance and payment. The first bond (the "Supply Bond No. I") shall be in the face amount
of$2.5 million, shall cover Vendor' obli tion to supply carts for Phase One and Phase Two and shall terminate upon
the completion of Phase Two. The and (the "Maintenance Bond") shall be in the face amount of the annual
maintenance fee for each year. The form o each bond shall be as herein provided and the surety shall be acceptable to
the City. All bonds furnished hereunder s the requirements of Article 5160 of the Revised Civil Statutes of
Texas, as amended. � Com-+Cr6 1�
a. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S.
Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten
times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of
the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total capital and
surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or
trusted to do business in Texas.
b. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which
are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory
at any time by the City, notice will be given to the Vendor to that effect and the Vendor shall immediately
provide a new surety satisfactory to the City.
c. Each Bond shall be executed, in the amount of the Contract, (i) for the protection of all claimants supplying
labor and materials in the prosecution of the work, and (ii) conditioned on the faithful performance of the work
in accordance with the Contract Documents. Said bond shall solely be for the protection of the City.
16.Indemnification and Hold Harmless
a. General Indemnification: VENDOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND,
AND HOLD HARMLESS THE CITY, ITS OFFICRES, AGENTS AND EMPLOYEES 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 SOLE
NEGLIGENCE OF VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES, OR THE JOINT
NEGLIGENCE OF VENDOR, ITS AGENTS, OR EMPLOY1 ES, AND ANY;,OTHER PERSON OR
ENTITY (OTHER THAN THE CITY ITS AGENTS OR EMPLO I1rS);
CRL200211.07.02CRL 8 %"6u a 6 ,'c . I AJJS a
b. The obligations of the Vendor under this paragraph shall include, but not be limited to, the burden and expense of
defending all claims, suits, and administrative proceedings (with counsel reasonably approved by the indemnified
parties), even if such claims, suits or proceedings are groundless, false, or fraudulent, and in conducting all
negotiations of any description, and paying and discharging, when and as the same become due, any and all
judgments,penalties or other sums due against such indemnified persons.
c. Upon learning of a claim, lawsuit, or other liability which Vendor is required hereunder to indemnify, the City shall
provide Vendor written notice as promptly as is practicable and in a reasonable time.
d. The obligations of the Vendor under this paragraph shall survive the expiration of this Contract.
e. In all of its contracts with subcontractors for the performance of any work under this Contract, Vendor shall require
the subcontractors to indemnify the City in a manner consistent with this paragraph.
f. In the event that a written claim for damages against Vendor or any of its subcontractors remains unsettled at the
time all work on the project has been completed to the satisfaction of the City Manger, as evidenced by a final
inspection, final payment to Vendor shall not be recommended by the City Manger for a period of thirty (30) days
after the date of such final inspection, unless the Vendor submits written evidence satisfactory to the City Manager
that the claim has been settled and a release has been obtained from the claimant involved.
1. If the claim concerned remains unsettled at the expiration of the said thirty (30) day period. The Vendor
may be deemed by the City Manger to be entitled to a semi-final payment for work completed, such
semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of
any written claims pending against the Vendor arising out of the performance of such work.
2. The City Manager shall not recommend final payment to Vendor if a claim for damages is outstanding
for a period of six months following the date of the acceptance of the work performed unless the Vendor
submits evidence in writing, satisfactory to the City Manager; that:
A. The claim has been settled and a release has been obtained from the claimant involved; or
B. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts
have failed.
3. If condition(A) above is met at any time within the six (6) month period, the City Manager shall
recommend that the final payment to Vendor be made. If condition(B) above is met at any time within
the six (6) month period, the City Manager may recommend that final payment to Vendor be made. At
the expiration of the six-month period, the City Manager may recommend that final payment be made if
all other work has been performed and all other obligations of the Vendor have been met to the
satisfaction of the City Manager.
17. Governing Law
The City and Vendor agree that the validity and construction of this Contract shall be governed by the laws of the State of
Texas, except where preempted by federal law.
18. Severability
The provisions of this Contract are severable; and if for any reason any one or more of the provisions contained herein
are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforcea lity shall not
CRL200211.07.02CRL 9
affect any other provision of this Contract, and this Contract shall remain in effect and be construed as if the invalid,
illegal or unenforceable provision had never been contained in the Contract.
19. Rights and Remedies Not Waived
In no event shall the making by the City of any payment to Vendor 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 Vendor, and the making of any such payment
by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the
City with respect to such breach or default. Any waiver by either party of any provision or condition of the Contract shall
not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a
subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound.
20. Choice of Law and Venue
This Contract shall be construed in accordance with the internal law of the State of Texas. Should any action, whether
real or asserted, at law or in equity, arise out of the terms of this Contract; venue for any action arising under the terms
and conditions of this agreement shall lie in the state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division.
21. Notices
Any notices,bills, invoices or reports required by this Contract, except for request for repairs or exchanges of carts, shall be
sufficient if sent by the parties in the United States mail,postage paid,to the address noted below:
If to the City: Brian Boerner, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102-6311
If to the Vendor: Larry Boppe, President and CEO
Toter, Incorporated
841 Meacham Road
Statesville,North Carolina 28677
22. Entire
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 Vendor, and no other contracts, oral or otherwise,regarding the subject matter of this
Contract or any part thereof shall have any validity or b4pd any of the parties hereto.
23. Assimrneiit
The City and Vendor bind themselves and any successors and assigns to this Contract. Vendor shall not assign, sublet,
or transfer its interest in this Contract without written consent of the City. City hereby consents to (a) assignments or
transfers, however effected, to Affiliates of Vendor, or (b) any reorganization, sale.of assets or other similar transaction
that effects a change of control of Vendor; provided, however, that in either case, the purchaser(s) r successor(s)
assume Vendor's obligations under this Contract. Nothing herein shall be construed as creating any pe-sonal liability
CRL200211.07.02CRL 10
U.,
UU r;'Low-44,uU
1'' "IMP NX
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 Vendor. For purposes of this Contract, "Affiliate" means any person controlling,
controlled by or under common control with the Vendor.
24. Severability of Provisions
If any of the Provisions contained in this Contract shall be held, for any reason, to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
IN WITNESS THEREOF, the City of Fort Worth and Vendor have executed this Contract in triplicate in Tarrant County,
Texas.
PEP
CRL200211.07.02CRL
�, Vr♦,;iiy�Wp�ISW.
CITY OF FORT WORTH TOTER, INCORPORATED
BY: Q
Libby Watson Larry Boppe
Assistant City Mana er President and CEO 1
Date Signed: 7 D7-- Date Signed: t 5 1 L
ATTEST: WITNESS:
i
� l
do—q!Pearson
City Secretary
APPROVED AS TO FORM CORPORATE SEAL:
AND LEGALITY:
Assistant C Attorney
Contract Authorization
c'.�-
Date
RECORD
CRL200211.07.02CRLI 2 � VEX
�o V i.. G.C ➢ •
Bond Number: 929267980
PERFORMANCE BOND A
(Required if contract amount exceeds$25,000)
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That we, Toter, Incorporated, a corporation of North Carolina, hereinafter called
Principal, and Continental Casualty Company, a corporation organized and existing
under the laws of the State of Illinois and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a
municipal corporation, organized and existing under the laws of the State of Texas,
hereinafter called Owner,in the penal sum of.-
Two
f:Two million five hundred thousand and no/100 dollars ($2,500,000.00) in lawful
money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for
the payment of which sum well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the
Principal entered into a certain contract with the City of Fort Worth, the Owner,
dated the day of November,A.D. 2002, a copy of which is hereto attached and
made of part thereof,for:
Supply and deliver up to approximately 300,000 carts of varying sizes for the
collection of single stream recycling and garbage.
Designated as Project Number:DEM002-02:CART, a copy of which agreement is
hereto attached, referred to, and made a part hereof as fully and to the same extent
as if copies at length herein;, such project being hereinafter referred to as the
"work."
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the
work in accordance with the plans, specifications, and agreement documents during
the original term thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and if he shall satisfy all claims and
demands incurred under such contract, and shall fully indemnify and save harmless
the Owner from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the Owner all outlay and expense which the
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called
"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint
Tom S.Brice,Glenn Kerns,Nancy E.Tippett,Walter S.Caldwell, III,Louise S.Yates,Barbara S.Griffin, Individually
Of Charlotte,North Carolina
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
—In Unlimited Amounts--
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 26th day of November,2001
Continental Casualty Company
cft 't Q � a , o�ato National Fire Insurance Company of Hartford
i s 3y 11 �P American Casualty Company of Reading,Pennsylvania
ou SEAL v aR
7897 MA71�r" e t
Michael Gengler Group Vice President
State of Illinois,County of Cook,ss:
On this 26th day of November,2001,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose
and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois
corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,
Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;
that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of
Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of
said corporations.
'OFFICIAL SEAL'
DIANE FAULKNER
Notary Public,State of Illinois
My Co
mmission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
I,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify
that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of
the corporations printed on the revgrse hereof is still in force.In testim y whereof I have hereunto subscribed my name and affixed the seal of
the said corporations this oZ.S - day of Ale_ Ye�ar n n-
4
-4T01suR,7 fie^ 44 o` Continental Casualty Company
00FOOPATe o s � °e+rfo National Fire Insurance Company of Hartford
S American Casualty Company of Reading,Pennsylvania
OJ
SEALa4 t b >a
7897
Mary A.Ribikawskis Assistant Secretary
(Rev. 10/11/01)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX--Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VI—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February,1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
Bond Number: 929267981
PERFORMANCE BOND B
(Required if contract amount exceeds$25,000)
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That we, Toter, Incorporated, a corporation of North Carolina, hereinafter called
Principal, and Continental Casualty Company, a corporation organized and existing
under the laws of the State of Illinois and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a
municipal corporation, organized and existing under the laws of the State of Texas,
hereinafter called Owner,in the penal sum of:
Four hundred thiry-eight thousand and no/100 dollars ($438,000.00) in lawful
money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for
the payment of which sum well and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the
Principal entered into a certain contract with the City of Fort Worth, the Owner,
dated the day of November,A.D. 2002, a copy of which is hereto attached and
made of part thereof, for:
Maintain, repair and replace all carts delivered for a period of ten years ending
March 31,2013.
Designated as Project Number:DEM002-02:CART, a copy of which agreement is
hereto attached, referred to, and made a part hereof as fully and to the same extent
as if copies at length herein;, such project being hereinafter referred to as the
"work." '
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the
work in accordance with the plans, spetions, and agreement documents during
the original term thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and if he shall satisfy all-,glaims and
demands incurred under such contract, and shall fully indemnify and save karmless.
the Owner from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay"thejOwner all outlay and expense which the
Owner may incur in making good any default, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall
lie in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument is executed in three counterparts each
one of which shall be deemed an original, this the day of November, A.D.
2002.
TOTER, INC.
PRINCIPAL
�r) I r ATTEST:
BY: ( j `
(P cipal
841 �)ach Road
Statesville, NC 28687
(Address) (SEAL OF PRINCIPAL)
(Witness t Principal)
CONTINENTAL CASUALTY COMPANY
Surety
BY: ATTEST•
Tom S. Brice, Attorney-in-fact
10700 Sikes Place, Suite 260 (SW
'
Charlotte, NC 28277
(Address)
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called
"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint
Tom S.Brice,Glenn Kerns,Nancy E.Tippett,Walter S.Caldwell, 111,Louise S.Yates,Barbara S.Griffin, Individually
Of Charlotte,North Carolina
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
—In Unlimited Amounts—
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 26th day of November,2001.
G�lb9�r � 1MSUR pF
A4. ¢ Continental Casualty Company
co'u*E o d��e61T� National Fire Insurance Company of Hartford
i • a S American Casualty Company of Reading,Pennsylvania
MY 31,
�v SEAL < s 1901 L
Michael Gengler Group Vice President
State of Illinois,County of Cook,ss:
On this 26th day of November,2001,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose
and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois
corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,
Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;
that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of
Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of
said corporations.
"OFFICIAL SEAL'
DIANE FAULKNER
Notory Public,State of Illinois
My Commission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify
that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of
the corporations printed on the rejDrse hereof is still in force.In t9timony whereof I have hereunto subscribed my name and affixed the seal of
the said corporations this 45. day of A2l ti r-
4
<l1NSUR � � M►o< Continental Casualty Company
+� COWORArr �s ` National Fire Insurance Company of Hartford
e: A American Casualty Company of Reading,Pennsylvania
s A4Y 71.
Ou SEAL t on
f t197 � 1tA e+
Mary A.Ribikawskis Assistant Secretary
(Rev. 10/11/01)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shalt,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VV--Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company,"
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact"
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
Bond Number: 929267980
PAYMENT BOND A
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That we, Toter, Incorporated, a corporation of North Carolina, hereinafter called
Principal, and Continental Casualty Company, a corporation organized and existing
under the laws of the State of Illinois and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a
municipal corporation, organized and existing under the laws of the State of Texas,
hereinafter called Owner, in the penal sum of:
Two million five hundred thousand ($2,500,000.00) dollars in lawful money of the
United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the
Principal entered into a certain contract with the City of Fort Worth, the Owner,
dated the_ day of November,A.D. 2002, a copy of which is hereto attached and
made of part thereof, for:
Supply and deliver up to approximately 300,000 carts of varying sizes for the
collection of single stream recycling and garbage.
Designated as Project Number DEM002-02:CART., a copy of which contract is
hereto attached, referred to, and made a part hereof as fully and to the same extent
as if copies at length herein; such project being hereinafter referred to as the
"work."
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the
work in accordance with the plans, specifications, and contract documents during
the original term thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and if he shall satisfy all claims and
demands incurred under such contract, and shall fully indemnify and save harmless
the Owner from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the Owner all outlay and expense which the
Owner may incur in making good any default, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall
lie in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument is executed in three counterparts each
one of which shall be deemed an original, this the day of November, A.D.
2002.
PRINCIPAL
TOTE
(\ ATTEST:
BY: 4 J
(Pr' ipa
8441 Oeacla Road
Statesville, NC 28587
(Address) (SEAL OF PRINCIPAL)
(Witness s o Principal)
CONTINENTAL CASUALTY COMPANY
Surety
BY ATTEST:
Tom S. Brice, Attorney-in-fact
10700 Sikes Place, Suite 260 �/—j
Charlotte, NC 28277 (S ty
(Address)
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called
"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint
Tom S.Brice,Glenn Kerns,Nancy E.Tippett,Walter S.Caldwell, 111,Louise S.Yates,Barbara S.Griffin, Individually
Of Charlotte,North Carolina
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
—In Unlimited Amounts—
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as indicated, by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 26th day of November,2001.
c.�su,a�T
OWN ae
Continental Casualty Company
Gore a o y7� National Fire Insurance Company of Hartford
i • a X catMr 31American Casualty Company of Reading,Pennsylvania
0v SEAL as t 1=2 /
1097 ►NM's' •
Michael Gengler Group Vice President
State of Illinois,County of Cook,ss:
On this 26th day of November,2001,before me personally came Michael Gengler to me known,who,being by me duly swom,did depose
and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois
corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,
Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;
that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of
Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of
said corporations.
"OFFICIAL SEAL' ,
DIANE FAULKNER
Notary Public,State of Illinois
My Commission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify
that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of
the corporations printed on the revefse hereof is still in force.In tes irnony whereof I have hereunto subscribed my name and affixed the seal of
the said corporations this c25 day of 4JpnA , oho s 1 .
�a� G 4r %14suft . c X00 Continental Casualty Company
a�pron�n, ; National Fire Insurance Company of Hartford
i ; ate American Casualty Company of Reading,Pennsylvania
ALL 31.
0v SEALds s 1902 Q
1097 HAS"
Mary A.Ribikawskis Assistant Secretary
(Rev. 10/11/01)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VI--Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
Bond Number: 929267981
PAYMENT BOND B
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That we, Toter, Incorporated, a corporation of North Carolina, hereinafter called
Principal, and Continental Casualty Company, a corporation organized and existing
under the laws of the State of Illinois and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a
municipal corporation, organized and existing under the laws of the State of Texas,
hereinafter called Owner,in the penal sum of:
Four hundred thirty-eight thousand ($438,000.00) dollars in lawful money of the
United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas the
Principal entered into a certain contract with the City of Fort Worth, the Owner,
dated the_ day of November,A.D. 2002, a copy of which is hereto attached and
made of part thereof, for:
Maintain, repair and replace all carts delivered for a period of ten years ending
March 31,2013.
Designated as Project Number DEM002-02:CART, a copy of which contract is
hereto attached, referred to, and made a part hereof as fully and to the same extent
as if copies at length herein; such project being hereinafter referred to as the
"work."
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the
work in accordance with the plans, specifications, and contract documents during
the original term thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and if he shall satisfy all claims and
demands incurred under such contract, and shall fully indemnify and save harmless
the Owner from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the Owner all outlay and expense which the
Owner may incur in making good any default, then this obligation shall be void;
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall
lie in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the contract or to the work to be performed thereunder or the
specifications accompanying the same shall in any wise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time
alteration or addition to the terms of the contract or to the work or to the
specifications.
IN WITNESS WHEREOF, this instrument is executed in three counterparts each
one of which shall be deemed an original, this the day of November, A.D.
2002.
PRINCIPAL
TOTER, INC.
BY: L-X��-- 9 /au
ATTEST:
(P cipa
84WchaJ Road
Statesville, NC 28687
(Address) (SEAL OF PRINCIPAL)
(Witnes as Principal)
CONTINENTAL CASUALTY COMPANY
Surety
BY AT ATT T:
Tom S. Brice, Attorney-in-fact /—/J �
10700 Sikes Place, Suite 260 (Sure )
Charlotte, NC 28277
(Address)
A
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called
"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint
Tom S.Brice,Glenn Kerns,Nancy E.Tippett,Walter S.Caldwell, III,Louise S.Yates,Barbara S.Griffin, Individually
Of Charlotte,North Carolina
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
—In Unlimited Amounts—
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 26th day of November,2001.
�,'��Gtr} hMSltggF ^atm�9► Continental Casualty Company
' wo+urE oa �r � National Fire Insurance Company of Hartford
i y c as MY n. American Casualty Company of Reading,Pennsylvania
�J SEAL t2 4 e e 1l02 �T
Michael GenglerGroup Vice President
State of Illinois,County of Cook,ss:
On this 26th day of November,2001,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose
and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of Continental Casualty Company,an Illinois
corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,
Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;
that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of
Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of
said corporations.
"OFFICIAL SEAL'
DIANE FAULKNER
Notary Public,State of Illinois
My Commission Expires 9/17/05
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of
Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify
that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of
the corporations printed on the reverse hereof is still in force.In test'meny whereof 1 have hereunto subscribed my name and affixed the seal of
the said corporations this e?S " day of �/o A&= , JoD1
l hMSUR � A+ or Continental Casualty Company
o mar`fir National Fire Insurance Company of Hartford
American Casualty Company of Reading,Pennsylvania
O 2 a IUIY 31. ,
J SEAL t - $ INZ
f 897 Ar ttAa�� '�y • �•C�
Mary A.Ribikawskis Assistant Secretary
(Rev. 10/11/01)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the
President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority
previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which itis
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article VI—Execution of Obligations and Appointment of Attorney-in-Fact
Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or
Group Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the
execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to
the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice
President may at any time revoke all power and authority previously given to any attomey-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article V1 of the By-Laws,and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached,continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from
time to time,appoint,by written certificates,Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds,undertakings and other obligatory instruments of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their
respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall
with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation."
Aab, 2.12 Legal and Compliance History
2.13 Minority and Women Business Enterprise Compliance
3.0 Technical Specifications
EVR Brochure
Product Specs
ANSI Certification
Warranty
Roto Brochure
Hot Melt Compounding Literature
Hot Melt Certification
Recyclability Statement
Attachments
Attachment A Waterproof Door Hanger Bag and Care and Use Brochure
Attachment B Examples of Maintenance Software and Reports
Attachment C Toter Inc. Municipal Reference List
Attachment D Toter Inc. Assembly and Delivery Reference List
Attachment E Nashville, TN Contract
Attachment F Washington, DC Contract
Attachment G Charlotte, NC Contract
AM Attachment H Color Chips
er�
INCORPORATED
June 25, 2002
Mr. Brian K. Boerner, CHMM
Director, Department of Environmental Management
City of Fort Worth
100 Throckmorton Street
Fort Worth, TX 76102-6311
Re: Project Number: DEM02-02:CART
Dear Mr. Boerner:
Thank you for the opportunity to respond to the City of Fort Worth's Request for
Proposal for rollout refuse and recycling carts.
By introduction, Toter is the industry leading supplier of rollout refuse and recycling
carts with over 15 million currently in use throughout the United States. Toter has been
supplying progressive cities like Fort Worth our brand of rotationally molded carts since
1962. In addition to supplying carts, Toter has extensive experience in ongoing daily
cart maintenance and distribution in cities like Charlotte, North Carolina; Nashville,
Tennessee; and Washington, DC.
For your convenience, below is a highlight of some of the unique features of Toter's
response:
• For the City of Fort Worth, Toter is offering its lowest price ever!
• Toter's Advanced Rotational Molding process creates the World's Toughest
CartTM. Toter's audited failure rate is less than 2/10 of 1%.
• The superior durability of Toter's carts results in low service fees. Toter's
partnership with Fort Worth based Resource Marketing ensures prompt, reliable
service for the City.
• A preventive maintenance program in addition to the required service program to
lower the number of complaint calls and keep the cart system looking new and
operating efficiently throughout the full 10 years.
• Toter's patented EVRTM (Equitable Volume Rating) carts were designed
�• specifically for "Pay-As-You-Throw" programs that rely on rate equity. Only EVR
carts from Toter come in exact increments of 32 gallons for equitable rate billing.
Hdqrs: PO Box 5338-Statesville NC 28687-5338-841 Meacham Road-Statesville NC 28677-2983-704-872-8171 -Fax 704-878-0734
Western Division: 1980 Industrial Way-PO Box 7-Sanger CA 93657-0007-559-875-7130-Fax 559-875-7137
Printed On Recycled Paper
Mr. Brian K. Boerner
Page 2
June 25, 2002
• The industry's largest manufacturing capacity guarantees that Fort Worth's
aggressive delivery requirements will be met without interruption.
• A number of optional products and services like upscale colors and graphics,
Automated Litter Containers, and an extended maintenance program — just to
name a few.
Toter has the highest respect for the City of Fort Worth, and we have taken great care in
responding to this RFP. We share a common goal to provide Fort Worth's taxpayers
with the safest carts which cost the least over their useful life, and last the longest in
trouble free service. We look forward to the opportunity to meet with the City of Fort
Worth and discuss any items in the RFP response that may require further explanation
or clarification.
Toter wants to be Fort Worth's cart supplier. Thank you again for the opportunity to
participate in this process.
Sincerely,
Larry "Boppe .Ion G cott Ben Castleberry
President and CEO Sr. Vice President, Vice President, Sales
Sales & Marketing Southern Division
Ig
Enclosures
000, Inquiries related to Toter's response to this RFP should be directed to:
John G. Scott
Sr. Vice President, Sales & Marketing
841 Meacham Road
Statesville, NC 27677
Toll- Free: (800) 424-0422
Phone: (704) 872-8171
Fax: (704) 878-0734
Email: iscott -toter.com
Aeft
AM
PROPOSAL PACKAGE
THE CITY OF FORT WORTH
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
1000 THROCKMORTON
FORT WORTH, TEXAS 76102
DT
Val-
PROJECT NUMBER:DEM02-02:CART
SELL, DELIVER, MAINTAIN AND FINANCE
RECYCLING AND GARBAGE CARTS
May 15, 2002
�1
TABLE OF CONTENTS
1.0 REQUEST FOR PROPOSAL
1.1 Project Description
1.2 General Requirements
1.3 Interpretation of Documents
1.4 Conflicts and Questions
1.5 Proposal Submittals
1.6 Opening of Proposals
1.7 Proposal Evaluation Criteria
1.8 Contract Time
1.9 Negotiation of the Contract
1.10 Award of the Contract
1.11 Reservations
2.0 PROPOSAL DOCUMENTS
2.1 Proposal Document Checklist
2.2 Acknowledgment of Receipt of Addenda
2.3 Bonds
2.4 Proposal Summary
a 2.5 Technical Description
2.6 Vendor Proposed Cost
2.7 Qualifications of the Provider
2.8 Financial Statement
2.9 List of Subcontractors
2.10 Vendor's Compliance to State Law
2.11 Insurance Certificates
2.12 Provider's Legal and Compliance History
2.13 MWBE Compliance
3.0 TECHNICAL SPECIFICATIONS
4.0 DRAFT CONTRACT
Table-1
1
1 .0 REQUEST FOR PROPOSAL
1.1 PROJECT DESCRIPTION: The City of Fort Worth, TX, Department of Environmental
Management, ("CFW")is issuing this Request for Proposals("RFP")for the following
products and services:
• ` Supply and deliver up to 1'60,000 casts of varying sizes for the collection of single-stlream
recyclinct:'Supply and deliver up to 160,000 carts of varyinq sizes for the collection of
garbage. `The Vendor is to provide warranty and maintain carts,for a 10-Year period of
time. Vendor may propose a maintenance program beyond 10 years if desired
Provide third fmancing for the 2urchase of the above referenced carts.
The CFW is responsible for the collection of solid waste within the CFW. CFW is
interested in providing recycling service to the approximately 150,000 homes currently in
the City through a system utilizing 32- and 64-gallon wheeled, not split carts, serviced
once every week. The CFW is also anticipating that it will provide for garbage collection
using a cart system, utilizing approximately 32, 64, and 96 gallon wheeled, not split carts
and will implement the cart system for the approximately 150,000 customers currently
serviced in the City. Implementation of the cart service for the CFW will happen on April
1, 2003 when new agreements with collection service providers will initiate. This service
may continue to be contracted out, or may be performed by CFW.
The CFW recognizes that the placement of up to 300,000 carts represents not only a
large capital investment by the City, but also represents a very visible and important
service to the residents of CFW. Therefore, CFW seeks a Vendor that will provide a
range of services beyond simply selling carts. The Vendor must finance carts, provide
carts, distribute carts, make cart repairs, swaps, and expedite the handling of
complaints related to the carts. CFW requires the Vendor to deliver all the carts, both
With the initial order, and on an on going basis, during the term of the Agreement.
The City also anticipates using a"Pay-as-You Throw" plan for residents and selected
businesses serviced with carts within the CFW. As part of the maintenance cost,
Vendor will also be responsible for the change-out of carts as a result of"Pay as you
Throw" request. This responsibility will be limited to one cart swap per resident per
year. Vendor will be paid for any additional required or requested cart change-outs.
Vendor is to propose a price for this additional service.
CFW also requires the Vendor to respond to ail maintenance and warranty issues
related to the carts within 48 hours of being notified by CFW or a resident having
problems with the cart. CFW expects the Vendor to make use of software that tracks
cart serial numbers,which will be input into the Vendor's computer system at the time of
delivery, and problems by cart and by address during the term of the Agreement. All
SELL, DELIVER, MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
CITY OF FORT WORTH,TX
software will become the property of CFW at the end of the Agreement. All software
used must be compatible with City of Fort Worth IT systems. Please contact the City to
determine system compatibility.
The CFW desires that all carts be delivered for an April 1, 2003 start of all new services.
Vendor may start delivery of all carts to a staging area in Fort Worth immediately after
this Agreement is signed for carts under this Agreement. Vendor may start delivery on
February 15, 2003 to the residents of Fort Worth. All deliveries are to be complete by
March 31, 2003. The CFW will furnish, at its cost, a staging and storage area for
Vendor to place and assemble carts to allow it to meet the requested delivery schedule.
1.2 GENERAL REQUIREMENTS- All Vendors will be required to comply with provision
5159(a) of "Vernon's Annotated Civil Statutes of the State of Texas" with respect to the
payment of prevailing wage rates.
All Vendors must comply with City Ordinance 7278 as amended by City Ordinance 7400
(Fort Worth City Code Sections 17-66 to 17-67) prohibiting discrimination in employment
practices.
All projects that exceed $25,000 in total budget are required to comply with the Minority
and Women Business Enterprises (M/WBE) Participation Goal. (See Section 2.3)
1.3 INTERPRETATION OF REQUEST FOR PROPOSAL DOCUMENTS:
A pre-proposal meeting will be held on May 30, 2002 at 11:00 am in the Conference room
of the Purchasing Manager of the City of Fort Worth, 1000 Throckmorton Street, Lower
Level, southwest corner of the building.
All requests for an interpretation of the Request for Proposals must be made in writing and
submitted to the Department of Environmental Management, by either fax or mail, at any
time up to seven (7) calendar days prior to the time of the opening of Proposals. The
person submitting the request will be responsible for its prompt delivery. No oral requests
for interpretation will be answered.
The City as a formal addendum will issue any interpretation of the Proposal Documents.
The City will attempt to fax a copy of each addendum to each person receiving a Proposal
Package. All addenda must be submitted with the Proposal in section 2.2. The City will
not be responsible for any other explanations or interpretations. It is the responder's
obligation to determine if addenda have been issued prior to the time for submitting the
Request for Proposal.
1.4 CONFLICTS& O TIONS: Should there be conflicts between the Proposal documents,
including this RFP and any and all addenda, and the final executed contract document, the
final contract shall take precedence.
SELL, DELIVER, MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
AM
CITY OF FORT WORTH,TX
ASW
Questions regarding this Request for Proposals should be directed by close of business (5
pm CDT)June 20, 2002 in writing to:
Brian K. Boerner, CHMM, Director
Department of Environmental Management
CFW
1000 Throckmorton Street
Fort Worth, TX 76102-6311
Fax (817) 871-6359
BoerneB@ci.fort-worth.tx.us
1.5 PROPOSAL SUBMITTALS: Vendors shall submit FIVE (5) bound copies of their
Proposal to the City. All items to complete the project should be included within the
Proposal or the entire Proposal may be considered non-responsive and rejected. In case
of ambiguity or lack of clarity, the City reserves the right to adopt the most advantageous
construction thereof to the City or to reject the Proposal.
Proposal documents may be obtained from the Department of Environmental
Management, 908 Monroe Street, 7h Floor, Fort Worth, Texas 76102 during normal
business hours(8am-5pm CDT) or online, in a PDF format, at
www.fortworthgov.org/dem/solidwaste/rfp.pdf.
Proposals must be submitted in a sealed container, addressed to and received at CFW
Purchasing Division, 1000 Throckmorton Street, Lower Level, Fort Worth, Texas 76102 no
later than 1:30 p.m, on Thursday, June 27, 2002. The project number must be clearly
marked on the envelope and the statement"PROPOSAL DOCUMENTS ENCLOSED,
DELIVER TO PURCHASING DIVISION ONLY BEFORE 1:30 pm on Thursday, June
27,2002" placed in the lower left-hand corner of the container in which the documents are
delivered. Any Proposal documents not properly marked or not received in the proper
place by the proper time will he considered non-resnon¢iv
List the Proposal Number on the outside of the box or envelope.
Contractor Name
Contractor Address
City,State Zip
CFW
Purchasing Division
1000 Throckmorton Street,Lower Level
Fort Worth,Texas 76102
Department of Environmental Management
Project#DEM02-02:CART
PROPOSAL DOCUMENTS ENCLOSED
DELIVER TO PURCHASING DIVISION ONLY
BEFORE 1:30 P.M.ON JUNE 27 2002
SELL, DELIVER, MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
CITY OF FORT WORTH,TX
NO FAXED PROPOSALS WILL BE ACCEPTED
1.6 OPENING OF PROPOSAI S: The Document entitled "Proposal Summary"(section 2.4) in
each Proposal submitted will be opened and read aloud at 2 pm on Thursday, June 27,
2002, in the Fort Worth City Council Chambers. The Proposals shall be handled so as to
avoid the disclosure of the remainder of their contents to competing offerors and so as to
keep such contents confidential during negotiations. All Proposals will be open for public
inspection after the contract is awarded, but trade secrets and proprietary information in
the Proposal, as identified by the Vendor and protected under the Texas Public
Information Act,will not be open to public inspection.
The Proposal documents submitted in accordance with this Request for Proposals shall
remain valid for one hundred eighty(180) days after the due date.
1.7 PROPOSAL EVALUATION CRITERIA: Proposals will be evaluated by qualitative
measures and will be weighted as follows:
FACTOR MAXIMUM
WEIGHT
Technical Description 15 points
Aa► Cost 30 points
Provider's Experience and Qualifications 20 points
Provider's work history with the CFW 5 points
Provider's legal and compliance history 10 points
Quality of sub-contractors 5 points
Delivery Plan 15 points
TOTAL 100 points
The City may conduct such investigations as deemed necessary to assist in the evaluation
of any Proposal and to establish the responsibility, qualifications, and financial ability of the
Vendor, subcontractors, and other persons who are proposed to work on the project
The City will select the most highly qualified Vendor responding to this RFP based on the
above criteria. The selected Vendor will be required to provide an oral presentation to the
City on its product, services, etc. If the first Vendor selected fails to adequately support its
written proposal or elects to withdraw from the process, the next most qualified Vendor will
be selected and will be required to provide the same information.
Oral Pr_s _nta ion- Vendor shall clarify, explain, and elaborate on their proposal. During
the presentation a time schedule for the completion of all required tasks will be presented
and discussed. The time schedule shall be on a 11" x 1T' (tabloid) paper size with all
tasks clearly identified on the left hand side with time and pertinent completion dates
identified along the top of the page.
SELL, DELIVER,MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
CITY OF FORT WORTH,TX
Job,
1.8 CONTRACT TIME: The CFW will be issuing the RFP, receiving and evaluating proposals,
negotiating and awarding a contract under this approximate schedule:
RFP Event Mite
RFP Issued May 15, 2002
Proposals Due June 27, 2002
Evaluate Proposals and Negotiate Contract July+ August 2002
Contract Approval from CFW Council Approx. October 15, 2002
Contract Execution Approx . October 22, 2002
Cart Delivery Starts February 15, 2003
Cart Delivery Ends March 31, 2003
The successful Vendor will be awarded a contract with a term based on the warranty
period (minimum 10 years). The warranty period will start when the carts are delivered to
the residents of Fort Worth,
1.9 NEGOTIATION OF THE CONTRACT- The City will meet with the successful Vendor and
negotiate any final changes to the Contract and any exceptions identified in the Proposal
documents. The City is not obligated to accept any exceptions made by Vendor. After the
negotiations, the City will make final changes to the Contract documents and issue the
Contract Documents with Notice of Award to the successful Vendor.
1.10 AWARD OF THE CONTRACT- The City will send a Notice of Award letter to the
successful Vendor with three(3) sets of Contract documents. The successful Vendor must
execute the Contract in each set and return all three sets to the CFW within 14 calendar
days. Upon receipt of the three sets, the City will execute each set and issue one set to
the Vendor with a letter entitled Notice to Proceed. This letter authorizes work to begin
and invoices to be paid.
1.11 RESERVATIONS: The City reserves the right to reject any or all Proposals and waive any
or all formalities.
SELL, DELIVER, MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
CITY OF FORT WORTH,TX
Aft
THIS IS ONLYFT AND ES NOT BIN THE CITY T Y F THE
AwlERMS MENTIONED IN THIS CONTRACT. THIS CONTRACT IS NOT MEANT
FOR IMMEDIATE EXECUTION. IF THERE IS A CONFLICT BETWEEN THIS
CONTRACT AND THE RFP, THE RFP)S PROVISIONS SH LL FREV ILM
STATE OF TEXAS
COUNTIES OF DENTON AND TARRANT
CONTRACT TO SELL, DELIVER, MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
This Contract is entered into by and between the City of Fort Worth, a home-rule municipality located within
Tarrant County, Texas, acting through Libby Watson, its duly authorized assistant city manager ("City"),
and __I a corporation registered in the State of
acting through -------_-----_--- its duly authorized President/Vice President
("Vendor").
In this contract, the following words and phrases shall be defined as follows:
City's Representative means the Director of the Department of Environmental Management or his designee.
Contract Document means the Proposal Documents, Specifications, amendments and this contract.
yeliverable Document means a report, photograph, or an invoice that shows the completion of one of the
work tasks and/or subtasks.
Proposal Documents means Part___ of the Request for Proposal and all ancillary documents required to be
submitted with the proposal.
WITNESSETH: that for in consideration of the payments and agreements hereinafter mentioned, to
be made and performed by City, Vendor hereby agrees with the City to commence and complete the
following:
I. Duties and Responsibilities of Vendor.
a. Vendor agrees to supply and deliver approximately 160,000 carts of varying sizes for the collection of
single stream recycling and a service agreement for 10 years.
b. Vendor agrees to provide third party financing for the purchase of the carts.
1
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
AM
.RL20020514V1
2. Term.
~ a. The term of this contract will begin on the date this contract is signed by all required parties and will
end on --------------- 2013. City agrees to give Vendor at least thirty (30) days prior notice,
except as otherwise provided herein, after the beginning date in advance to allow the Vendor to begin
manufacturing goods provided hereunder and an additional fifteen (15) days to begin the delivery of
the same. Vendor may begin delivery on February 15, 2003. ALL DELIVERIES MUST BE
COMPLETED BY MARCH 31, 2003.
b. City reserves the right to extend the term of the contract past the expiration date to allow task orders
which were begun prior to the expiration of the contract to be completed. The City Manager is authorized
to extend the term of this contract for such purpose. City shall have the right to extend this contract for
up to two (2) consecutive one-year renewal terms, provided City and Vendor agree in writing at least
thirty (30) days prior to the end of the initial or renewal term. All renewals shall have the same terms,
conditions and fees as set forth herein, unless agreed to otherwise in writing by both parties in an
amendment to this contract. City
3. Delivery and Assembly.
a. Vendor shall provide, assemble, deliver and maintain all carts. All deliveries must be made pursuant to
written purchase order issued by the City. Carts shall be delivered to ensure an April 1, 2003 start date for
the City's services. City assumes no liability for any goods delivered without such purchase order. All
deliveries shall be made to designated routes pursuant to directions from the Director of Environmental
Management. All deliveries shall be made within the incorporated limits of the City.
b. All carts shall meet the technical specifications as listed in the Proposal Section 3.0 unless an exception has
been accepted in writing by the City.
'06. Vendor shall attach an informational packet provided by City to the cart in a waterproof container, in a
location specified by City for the purpose of providing instruction for proper use of the cart.
d. Vendor shall deliver the cart in a place easily serviced by the City, at City's direction. Vendor shall remedy
failure to do so by notifying the individual resident of proper placement within three working days.
e. Vendor shall maintain a database as specified in the Proposal Section 3.0 showing the delivery date of each
cart to each address. Vendor shall provide all data files to the City in a form compatible with the City's
standard system.
4. Compensation. Vendor shall be paid and City shall be billed on the following basis:
a. Price per cart-32gallon $ --
Price per cart-64 gallon $
Price per cart-96 gallon $
b. Price for assembly and delivery per cart as directed by City $
2
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
AM
'RL20020514V 1
c. Bid price per cart lifter $
A&
Maintenance, repair, replacement and distribution of City carts for 10 year period of warranty.
Price per cart per year with the "Pay as you Throw" plan:
Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
Price per cart without the "Pay as you Throw" plan:
Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
e. Price per City requested swap (one per resident per year)
$--------
Ash, (a) above X 22,500 units (32 gallon carts)
$-------
above X 150,000 units (64 gallon carts)
$--------
above X 127,500 units (96 gallon carts)
$-------
(b) above X 300,000 units
$--------
(c) above with "Pay as you Throve'X 300,000 units X year one price plus 300,000 units X
year two price, etc.
$-------
(d) above with "Pay as you Throw"X 300,000 units X year one price plus 300,000 units X
year two price, etc.
$--------
Cost of each additional requested cart swap as a result of"Pay as you Throw'
$---------
3
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
AW
-RL20020514V 1
f. There will be no other charges or fees for the performance of this contract. City will make reasonable
Aft efforts to make payments within 30 days of receipt of invoice but in any event shall make payment within
60 days.
g. The City and Vendor agree that the total cost of this contract shall not exceed $ City
and Vendor have agreed to unit prices, employee labor rates, and cost estimates for technology
methods. These are attached hereto as Exhibit "__" and incorporated into this contract as if set forth
herein.
h. The City will not be liable for any Vendor costs in excess of the Not-to-Exceed amount unless the City
has signed and issued a formal modification to the contract.
5. Aarrantv
a. Vendor shall provide a full and non-prorated warranty for a period of ten (10) years. City shall not be
billed for any repairs or maintenance to any cart during this time.
b. Vendor warrants that for a period of ten years from the date of delivery and/or installation, whichever is
later, the carts provided, shall be free of any defects that interfere with or prohibit the use of the goods
for the purposes for which they were obtained. Such purposes shall be those stated in the RFP.
c. During the warranty period, City may, at its option, request that Vendor repair or replace anycart,. In that
event, Vendor shall repair or replace the cart, at Vendor's expense, within two business days from the
time a request for service is placed by the City. .
d. The warranty shall include but not be limited to the following factors:
1. Failure of the lid to prevent rainwater from entering the container when closed on the container of
the body.
2. Damage to the container body, the lid, or any component parts through opening or closing the
lid.
3. Failure of the lid hinge to remain fully functional and continually hold the lid in the originally
designed and intended positions when either opened or closed.
4. Failure of any metal components to remain free of excess rust and corrosion.
5. Failure of any plastic component to be resistant to damage in the event of contact with any
common household or residential product/chemicals other than those listed by the Vendor.
6. Failure of any plastic component resulting from rodents or other wildlife damage.
7. Failure of any portion of the bottom of the cart to remain impervious to wear-through after
repeated contact with rough and abrasive surfaces.
8. Failure or damage to cart assemblies caused by any incompatibility of the cart and the CFW's
or its contractor's hydraulic dumping units.
6. Maintenance, Repair, and Replacement
a. Vendor shall maintain, repair, and replace all carts as requested by City City shall have the sole
discretion to determine whether a cart is in need of repair or replacement.
4
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP, THE RFP PREVAILS.
00,
-RL20020514V 1
b. City shall make all requests to Vendor through an electronic work order or facsimile. Vendor shall make
AN& the necessary repairs or replacements within 48 hours after a work order is placed by the City. Vendor
shall also provide a new address with the appropriate carts as requested by the City within 48 hours of
the requets.
c. Vendor shall maintain computer software for recording such requests and Vendor's response to such
requests and shall provide such data to the City at the City's request. Vendor warrants and represents
that it is the owner of or otherwise has the right to and does hereby grant City a license to use any
software provided for the purposes for which the software was obtained.
7. Copyright, Trademark, Service Mark, or Patent Infringement.
a. Vendor shall, at its own expense, be entitled to and shall have the duty to defend any suit which may be
brought against City to the extent that it is based on a claim that the products or services furnished
infringe a copyright, Trademark, Service Mark, or patent. Vendor shall further indemnify and hold
harmless City against any award of damages and costs made against City by a final judgment of a court
of last resort in any such suit.
b. If the products or services furnished under this contract are likely to, or do become, the subject of such
a claim of infringement, then without diminishing Vendor's obligation to satisfy the final award, Vendor
may at its option and expense:
1. Procure for City the right to continue using the products or services.
2. Replace or modify the alleged infringing products or services with other equally suitable products
or services that are satisfactory to City, so that they become non-infringing.
3. Remove the products or discontinue the services and cancel any future charges pertaining
401� thereto.
4. Provided, however, that Vendor will not exercise option 3. until City has determined that options
1 and 2 are impractical.
8. Independent Contractor
The City agrees to hire Vendor as an independent contractor, and not as an officer, servant, or employee of
the City. Vendor shall have the exclusive right to control the details of the work performed hereunder, and
all persons performing same, and shall be solely responsible for the negligent acts and omissions of its
officers, agents, employees, and subcontractors. Nothing herewith shall be construed as creating a
partnership or joint venture between the City and Vendor, its officers, agents, employees, and
subcontractors; and the doctrine of respondent superior has no application as between the City and
Vendor.
9. Default and Termination
5
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
Aft
2RL20020514V 1
a. Vendor 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 Vendor. 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 Vendor's to perform, and if such
failure was beyond the control of both the Vendor and the subcontractor, without their fault or
negligence, Vendor shall not be deemed to be in default unless the subcontracted supplies or
services were reasonably obtainable from other sources.
c. If Vendor fails to begin work herein provided for within the time specified above, or to complete such
work within the time specified above, within the true meaning of this contract, City shall have the right
to take charge of and complete the work in such a manner as it may deem appropriate. If City
exceeds the costs detailed in the attached documents, City may deliver to Vendor a written itemized
statement of the total excess costs, and Vendor shall reimburse City for such excess costs without
delay.
d. Alternatively, if at any time during the term of this contract the work of Vendor fails to meet the
specifications of the contract documents, City may notify Vendor of the deficiency in writing. Failure
of Vendor 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 Vendor.
All, e. Either party may also terminate this contract with or without cause upon thirty (30) days prior written
notice to the other party, provided that such termination shall be without prejudice to any other remedy
the parties may have. In the event of termination, any work in progress will continue to completion
unless specified otherwise in the notice of termination. The City shall pay for any such work in progress,
and reasonable closure costs, that is completed by Vendor and accepted by the City.
f. The remedies provided for herein are in addition to any other remedies available to City elsewhere in
this contract.
10. Ristht to Audit
City and Vendor agree that, until the expiration of three (3)years after the final payment under this contract,
the City shall have access to and the right to examine any directly pertinent books, documents, papers and
records of the Vendor involving transactions relating to this contract. Vendor further agrees to include in all
its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until
the expiration of three (3) years after final payment under the subcontract, have access to papers and
records of such subcontractor involving transactions relating to the subcontract. The term "subcontract"as
used herein includes purchase orders.
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DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
.RL20020514V1
11. Minority and Women Business Enterprises
JAW
Vendor has committed to 5% percent for Minority/Women Business Enterprise participation on the contract.
12. Modification of Contract
This contract may be modified only by written amendment executed by all parties and their signatories hereto.
11.Non-Discrimination
a. During the performance of this contract, Vendor 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 Vendor. Vendor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of the non-discrimination clause.
b. Vendor also agrees that in all solicitations or advertisements for employees placed by or on behalf of this
contract, that Vendor 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.
14. Insurance.
Vendor certifies that it has and will maintain during the term of this contract, at least the following insurance
hovering the services to be performed:
a. Commercial General Liability Insurance - $1,000,000 each occurrence and $2,000,000
aggregate.
b. Automobile Liability Insurance—
Coverage on vehicles involved in the work performed under this Contract:
♦ $1,000,000 per accident on a combined single limit basis
or:
♦ $500,000 Bodily injury/person
♦ $250,000 Property damage
♦ $2,000,000 Aggregate
C. Worker's Compensation—
a) Statutory limits for Worker's Compensation plus
b) employer's liability at a minimum:
♦ $1,000,000 each accident;
♦ $1,000,000 disease - policy limit; and
7
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
Alm
'RL20020514V 1
♦ $1,000,000 disease - each employee.
d. The following shall pertain to all applicable policies of insurance listed above:
11
1. Each insurance policy required by this Contract, except for Workers Compensation
insurance and professional liability insurance policies shall be endorsed to include that the
CFW, its officers, agents, employees, representatives, and volunteers as additional
insured as respects operations and activities of, or on behalf of the named insured,
performed under contract with the CFW.
"2. Subcontractors shall be covered under the Vendor's insurance policies, or they shall
provide their own insurance coverage; and, in the latter case, documentation of coverage
shall be submitted to the Vendor prior to the commencement of work and the Vendor shall
deliver such to the City.
"3. Prior to commencing work under the Contract, the Vendor shall deliver to the CFW
insurance certificate(s) documenting the insurance required and terms and clauses
required."
"4. The deductible or self-insured retention (SIR) affecting the coverage required shall be
acceptable to the Risk Manager of the City; and in lieu of traditional insurance, alternative
coverage maintained through insurance pools or risk retention groups must also be
approved."
15. Performance Bond.
a. Vendor shall be required to give the City surety in a sum equal to the amount of the contract. Vendor
shall be required to furnish a performance bond in a sum equal to the amount of the contract. The
form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds
furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of
Texas, as amended.
b. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the
current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital
and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in
the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list
or one-tenth (1110) of the total capital and surplus. If reinsurance is required, the company writing the
reinsurance must be authorized, accredited or trusteed to do business in Texas.
c. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or
which are interested in any litigation against the City. Should any surety on the contract be
determined unsatisfactory at any time by the City, notice will be given to the Vendor to that effect and
the Vendor shall immediately provide a new surety satisfactory to the City.
8
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
,-RL20020514VI
d. A Performance Bond shall be executed, in the amount of the contract, and conditioned on the faithful
A" performance of the work in accordance with the Contract Documents. Said bond shall solely be for
the protection of the City of Fort Worth.
16. Indemnification and Hold Harmless.
a. General Indemnification: VENDOR DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND,
AND HOLD HARMLESS THE CITY, ITS OFFICRES, AGENTS AND EMPLOYEES 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 SOLE
NEGLIGENCE OF VENDOR, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT
-NEGLIGENCE OF VENDOR, ITS AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR
ENTITY.,
b. The obligations of the Vendor under this paragraph shall include, but not be limited to, the burden and
expense of defending all claims, suits, and administrative proceedings (with counsel reasonably
approved by the indemnified parties), even if such claims, suits or proceedings are groundless, false, or
fraudulent, and in conducting all negotiations of any description, and paying and discharging, when and
as the same become due, any and all judgments, penalties or other sums due against such indemnified
persons.
c. Upon learning of a claim, lawsuit, or other liability which Vendor is required hereunder to indemnify, the
City shall provide Vendor with reasonable time notice of same.
. The obligations of the Vendor under this paragraph shall survive the expiration of this Contract and the
discharge of all other obligations owed by the parties to each other hereunder.
e. In all of its contracts with subcontractors for the performance of any work under this Contract, Vendor
shall require the subcontractors to indemnify the City in a manner consistent with this paragraph.
f. In the event that a written claim for damages against Vendor or any of its subcontractors remains
unsettled at the time all work on the project has been completed to the satisfaction of the City Manger, as
evidenced by a final inspection, final payment to Vendor shall not be recommended by the City Manger
for a period of thirty (3) days after the date of such final inspection, unless the Vendor submits written
evidence satisfactory to the City Manager that the claim has been settled and a release has been
obtained from the claimant involved.
1. If the claim concerned remains unsettled at the expiration of the said thirty-day period. The Vendor
may be deemed by the City Manger to be entitled to a semi-final payment for work completed, such
semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of
any written claims pending against the Vendor arising out of the performance of such work.
9
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
Oft
CRL20020514V 1
2. The City Manager shall not recommend final payment to Vendor if a claim for damages is outstanding
for a period of six months following the date of the acceptance of the work performed unless the Vendor
submits evidence in writing, satisfactory to the City Manager; that:
a. The claim has been settled and a release has been obtained from the claimant involved; or
b. Good faith efforts have been made to settle such outstanding claims, and such good faith
efforts have failed.
3. If condition (a) above is met at any time within the six-month period, the City Manager shall
recommend that the final payment to Vendor be made. If condition (b) above is met at any time within the
six-month period, the City Manager may recommend that final payment to Vendor be made. At the
expiration of the six-month period, the City Manager may recommend that final payment be made if all
other work has been performed and all other obligations of the Vendor have been met to the satisfaction
df the City Manager.
17. Govemin_i Law.
The City and Vendor agree that the validity and construction of this contract shall be governed by the laws of
the State of Texas, except where preempted by federal law.
18. Severability:
the provisions of this contract are severable; and if for any reason any one or more of the provisions
.intained 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.
19. Rights and Remedies Not Waived:
In no event shall the making by the City of any payment to Vendor 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 Vendor, 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.
10
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
RL20020514V 1
20. Venue:
AOL
venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas.
21. Notices
Any notices, bills, invoices or reports required by this contract, except for request for repairs or exchanges of
carts, shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted
below:
If to the City: Brian Boerner, Director
Department of Environmental Management
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102-6311
If to theVendor:
22. Entirety:
'alk'ils contract the contract documents and any other documents incorporated by reference herein contain all the
terms and conditions agreed to by the City and Vendor, 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.
23.Assignment:
The City and Vendor bind themselves and any successors and assigns to this contract. Vendor 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 Vendor.
IN WITNESS THEREOF, the City of Fort Worth and Vendor have executed this contract in triplicate in Tarrant
County, Texas.
11
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
Am
;RL20020514V 1
CITY OF FORT WORTH
BY:
Libby Watson
Assistant City Manager President/Vice President
Signed: -------- Date Signed:
ATTEST: WITNESS:
--------------------- -------------------------
Gloria Pearson
City Secretary
APPROVED AS TO FORM CORPORATE SEAL:
AND LEGALITY:
Assistant City Attorney --
talk
12
DRAFT CART CONTRACT VERSION#1
THIS CONTRACT IS ONLY A DRAFT AND DOES NOT BIND
THE CITY IN ANY WAY.IF THERE IS A CONFLICT BETWEEN
THE CONTRACT AND RFP,THE RFP PREVAILS.
i-
2RL20020514V 1
z
2.0 PROPOSAL DOCUMENTS
2.1 PROPOSAL DC) . IM NT CHECKLIST
All Proposal Documents, including this Checklist, must be completed in full and submitted
in a sealed container, in the requested order, or the Proposal may be considered as a non-
responsive submittal.
Prnpncal De _ im _ntc Initial if Included
1. PROPOSAL DOCUMENT CHECKLIST
2. ACKNOWLEDGE REQUEST FOR PROPOSAL ADDENDA
J
3. BONDS
4. PROPOSAL SUMMARY
5. TECHNICAL DESCRIPTION
3 -
6. VENDOR PROPOSED COSTS
7. QUALIFICATIONS OF VENDOR
8. CURRENT FINANCIAL STATEMENT
9. LIST OF SUBCONTRACTORS
10. VENDOR'S COMPLIANCE WITH LAW
11. INSURANCE CERTIFICATES
12, VENDOR'S LEGAL&COMPLIANCE HISTORY
13. MNVBE COMPLIANCE
1 understand that failure to submit all of these items may cause my submittal to be considered non-
responsive.
Name John Q_ Rcott
Title Senior Vice President - Sales & Service
Comfy Toter Incorporated
SELL, DELIVER,MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
CITY OF FORT WORTH,TX
2.2 ACKNOWLEDGEMENT OFR RECEIPT OFR o IFST Fog PRC)POSAI ADDENDA
2.2.1 Check if applicable_%
The undersigned acknowledges the receipt of the following addendum(a) to the Request
for Proposals, and has attached all addenda following this page. (Add lines if necessary).
Addendum Number 1 _,June 4,_2002 _
(Date received)
Addendum Number 2 June 7, 2002 _
(Date received)
Addendum Number 3 June 24,100Z_
(Date received)
2.2.2 Check if applicable
The undersigned acknowledges the receipt of no addenda to the Request for Proposals.
VENDOR:
Toter IncorporatedBY: John G. Scott
Company Name (Print or type name of signatory)
_ _
841 Meacham Road
Address A {dig atur
Statesville. NC 286]1senior Vice Pres' ent _ Sales and Marketing
City,State,Zip Title(print or type)
SELL, DELIVER, MAINTAIN AND FINANCE RECYCLING AND GARBAGE CARTS
CITY OF FORT WORTH,TX
t
A"k Addendum#I
Questions and Responses from the Pre-Bid Conference
Cart RFP
June 4,2002
1. Spec calls for a 10"wheel. Is that for all carts or would we consider an 8"wheel
on the 32-gallon carts? We will allow and 8"wheel on 32 gallon only.
2. Considering the delivery schedule,can the delivery contractor work 7 days a
week? Envisioned as a 6 day per week delivery schedule,Monday through
Saturday,lam—7pm in the streets. You can work any hours you wish in the
warehouse(assembling, tracking, etc.)
3. In the RFP we talk about being rodent proof,what vector do we see in the trash?
Do we have any major problem with"critters"? We do have problems with our
current bagged system. In addition to Dogs and Cats. coyotes,raccoons, skunks
and crows and blackbirds.
4. Who do we contact in IT to assure that our program will be usable on the City
system? The City currently uses a Microsoft:based system for its operational
platform. The City will finalize this contact information in Addendum#2.
5. We state in the bid that a 2%annual growth Rate annually over the life of the
contract. Is to be assumed for bidding purposes,that the maintenance will be for
the remainder of the 10 years on the contract?Correct.
6, What are the requirements for Cart Swap—new or reconditioned?Will swaps be
returned to inventory? Also,any inventory requirements in the RFP? Swapped
carts would be maintained in a condition of like new so they could be
redistributed in the swap program. Contractor is required to have an inventory on
hand to comply with the maintenance and swap timing requirements without
exceeding any performance requimments.
7. If a piece of tipping equipment damages a cart,who is responsible,the cart
supplier,the City of its contractor? The Contractor is responsible for repairing
any damaged property caused by its employee of their equipment and its
operation.
8. Additional Cart Growth,Year 1 versus Year 3. What is the Maintenance
requirement is set out in Year 3(3-10 or 3-13)? See Question 5
9. We have a line item for number for swaps? In some instances,this in included in
cart service. Are we still looking for a separate number to switch out carts one
tune? Yes, if that number is zero,then enter zero. Under this proposal,everyone
get one"free"swap a year. We are looking for a number to cost the second,third,
fourth, ... swap a customer may desire.
ASW
10. Third Party financing,please expand on what you are looking for. Is it also the
intent of the City to look at financing these through our own revenue bonds? Win
be going outside or doing a financing most favorable to the City? The City,u=ill
enter a scenario that is most favorable to the City. Ideally,we will enter into a
package where we sign on the dotted line once you have done all the legwork to
set the financing mechanism in place.
11. Service requirements in terms of maintenance—what will we be doing to provide
service? Recycling will'ce in carts.trash is still in the air but will be either twice
a week bags or once a week carts. Council will finalize decision in September.
12. Does the Contractors facility have to be in Fort Worth city limits,or if one is in a
nearby town will that work? We are looking for a presence in Fort Worth far a
Customer Service Standpoint. You may be able to minimize any Inventory
requirements by piggybacking off other local/close facilities but we need a
presence in Fort Worth,
13.Do we know how many people may require a swap out after the initial delivery?
No
14. Please put section 2.10 in English(Vendor Compliance to state law).
This section deals with an issue of reciprocity. Many states require that on
A0161 government contracts,out-of-state bidders must underbid the lowest bidder
resident bidder by a certain amount before the out-of-state bidder can win the
contract. This is dorlc to favor resident bidders,
If you are bidding on this contract,and your corporate headquarters or your
principal place of business is outside of Texas you must riswer one of the options
in part A. If your state requires nonresident bidders to outbid resident bidders by
a certain amount,answer option 1 in part A. If your state does not require non-
resident
onresident bidders to outbid resident bidders,answer option 2 in part A.
15. Will the City be doing a survey to determine how many carts are ordered and who
gets what type of cart? Yes
16. Swaps—Education requirements—None required. Monies not required to be
returned to the City to support and educational program.
17. Can one vendor bid 90 gallon and another bid low on 60 and the City goes with
the low on both of those? No. The City will go with a single prime contractor for
this contract. If that contractor wishes to partner with other providers,that is
acceptable.
18. 2.12 in English,What does contractors respond to? 'I his question will be cried
in the next addendum.
19. In the delivery—When can we work in the neighborhoods? Monday—Saturday;
7arrr 7pm
20. Will the City look at lengthening the delivery time? If contractor can provide a
sound business argument. however, it is our goal to have the carts delivered as
close as possible to the time of progmtm implementation and use.
21. Maintenance is new service offered with relatively few with experience in this
area. In Section 2.7,will companies be penalized for not having service contracts
in place? Companies will not be penalized for just establishing maintenance
operations. We will be looking at a lot of items including cart failure rate.
22. Are all carts required to pass the 40 MPH winds requirement? How is it certified?
The City would like to.see 40 MPH(certified by a wind tunnel or other
appropriate engineered test, please provide papenvork'). If you can't meet 40,
give us what you can meet.
23.Number of Single Family units served under this proposal? How many duplexes
or triplexes? Approximately 145.000 units total initially.
24. Who evaluates section 2.12? Chir Legal Council.
If you have additional questions or comments concerning this RFP or this addendum,
Please contact the City(as delineated in Section 1.4)ASAP.
A► Addendum#2
Cart RFP
June 7, 2002
1. During Thursday's meeting, you made it clear that this bid process was an
RFP and not an RFB and that the award would not be awarded
necessarily to the lowest responsive proposer. Having responded to
hundreds of these types of proposals over the years,we fully understand
the award selection process in an RFP. However, due to the tremendous
amount of time and use of resources required in putting together a
comprehensive bid package of this type, it would certainly be important to
know who will be making the ultimate decision. In essence, who will our
proposal be addressing? Will there be an evaluation panel? Will Joe
Mehaffey and Timothy Bratton of GBB be part of the decision process for
the cart supplier? 'Rhis is a p roposai _e the --,ry f Fort`-Nora' r�-"lease
address your proposals to ihe Citi 'e-am evaluators will be review,
t ie ''CF 's f + i%his subn eilfa:. °-�tS""B nl y t. ,1=I ..+1',`:'.`J isilE%••-i •`v :<i 1,t 3:'2 arF J SUO ilfa(.—
`. r
part of sl.i l.:.1'i{6`tLs ,C,iY the ,.t%t�' ...�9c ':`. ���g�',.,__.s.. '
I realize I proposed this question to you on Thursday, however, I wanted
to restate our request/question to better clarify our position on this bid
requirement. Will Rehrig Pacific be permitted to use our company-owned
facility in nearby Dallas for this contract? This facility is open 7 days a
week, 24 hours a day and has warehouse capacity of 130,000 feet to
�` inventory carts. The infrastructure to perform cart service is already in
place at our Dallas facility. Rehrig Pacific, if necessary, has the ability to
currently inventory carts at a location in Ft.Worth if required to do so.
However, we feel that our current infrastructure at our Dallas facility
(customer service, computer network, phone lines,fax machines, etc. is
better set up to respond to the CFW needs. As stated before, we could
certainly inventory the carts at a location in Ft.Worth but keep our
infrastructure at our Dallas plant. it s nCt the. lr~tenticr --%f she Cit, to
require a Company-zo r;ianufactura t tis Product in the relit,, 5mils of is+orl
V`Q�,r h, As stated in ;'`!i`tdef?dum, #,;; we are iCaokif g ri)r:.a pr€-?senra in For-,
'A ortl? ror"i a cusif:fi?tr SerJICc sts nCiUGirt. out may k3E ah6C tC rYlir;iriliZe
any inventory requirements by piggybacking- aff ether local/close facilities
but we meed a presence in Fort Worth
3. Will the various proposers be required to have an office leased/or
purchased by June 27, 2002 (bid opening)? Does this facility need to be
company owned and or leased?'No,office is required by June 27, 200/1-
Presence will be reouir?d b4 ;h. �iir€e carts hail to arr��e in the, 1-ity of Fort
Worth, TX for risen;lbiage and Gr delivecv. The facilitv can be either
owned or leasee'
Will the CFW require the cart companies to provide experience references
of the actual cart being proposed/quoted? In essence, will any"new"
products be evaluated any differently? if ycu are a "new"
product or service for the City of For, Worth, experiencevvitih other
products or serAces .,1vifl be evalupted* as an mst-itut"ional baseiine under
this proposal.
5, 2.12 in English, What does contractors respond to? Please delete'this
requirement in this request.
6, Who do we contact in IT to assure that our program will be usable on the
City system? The City currently uses a Microsoft based system for its
operational platform. The Citi-contact for this project will be:
Malachi Nance
Business Systems Analyst
8-1r-21 2.m 2 8 4 7f
CjtV Of
nancem@ci.fort-wcrth.tx.u�
7. Would the City consider leasing any City facilties to the successful
proposer for use as its distribution and maintenance facility? The City
would entertain this possibility, however, there does not appear to be any
availible space in its inventory at this time to accommodate this process,
8. The RFP asks for third party financing for the purchase of the initial
containers. What terms and conditions is the City of Fort Worth seeking?
Would the City like the financing to occur over 3 yrs, 5 yrs, 7 yrs, 10 yrs?
The City is looking for a situation that provides for the best fiscal approach
for its citizens.
9. Should there be a balloon payment at the end, or a small buyout?No
10.Or does the City want the vendor to suggest the parameters?Yes
11.1 was not able to find any information on payment terms from the City to
the vendor. What are the typical payment terms, and will early payment
discounts be considered in the cost evaluation? If early payment
discounts are considered, what is the shortest term that the City can turn
payment in (i.e. it must be a minimal of 15 days)? The City pays monthly
and usually doesn't have early payment discounts.
12.My last question is more of a confirmation of the price/cost structure in the
RFP. I read the RFP to have a purchase price for the initial containers
(300,000 or 150,000) in which the City is billed and pays upon receipt of
Aab
401, those containers, understanding that there may be third party financing
involved. The maintenance price per year covers all of the service work
plus any carts added due to growth and carts replaced due to repair.
Essentially, the initial carts are not funded into the maintenance price over
10 years, but the added and replaced carts are incorporated into the
maintenance price over 10 yrs. Either that or we pay the same rate for
,arts throughout the contract and you add the maintenance on trip.
3.Regarding the M/WBE section, will any added preference be given to a
company with a higher or highest percentage of M/WBE participation?
The goal stated in the proposal is a minimum goal. The evaluation points
are allotted on a range with the highest points going to proposers that
have gone beyond the minimumgoal and involved M/WBE firms in the
critical work scope.
14.Does the M/WBE company have to be incorporated within the City's
geographic market area (9 counties outlined)? The RFP states, "must be
located or doing business in the City's geographic market area". We
interpret"or doing business in"the 9 defined counties as not being
incorporated. are we correct? For example, would a M/WBE trucking
company incorporated in Atlanta that does business in Ft. Worth or the 9
counties be considered compliant?This is correct,. A M/WBE incorporated
in another city or state but have a location or doing business in the 9
county area and certified or in the process of being certified by the
NCTRCA or TXDOT_ highway division would be considered compliant-
If you have additional questions or comments concerning this RFP or this
addendum, Please contact the City(as delineated in Section 1.4)ASAP.
Addendum #3
Cart RFP
June 21, 2002
1. What has been the actual growth in the City of Fort Worth over the past five
(5) years? According. to the Census, between ;990 and 2000, the City of Fort
Worth's population arew by 1,91.53% o r approximately 2%/year
2. Would the Pay-as-you-Throw program be weight or volume based? Volume
3. Has the CFW established a price differential between the costs of 35/65/95-
gallon containers? No
4. We see the potential in a Pay-as-you-Throw program for a change in pricing,
policy or level of service that could result in a preference for a smaller
container by residents. Consequently, literally tens of thousands of containers
could be swapped resulting in a large inventory of containers that would never
be used or needed by the City. The vendor would not be compensated for this
risk. How does the CFW address this issue? It is the intent of the City to allow
the vendor to recondition these carts and reissue `hem in their swap grogram.
5. Does the City currently offer a yard waste collection program? Yes, but only in
a pilot area. If so, are there plans to containerize yard waste collection in the
future? We will have a separate yard waste program using kraft style bags.
Residents may buy their own cart if they/wish to use carts in this program.
6. Presently, the specification requires container unit pricing to remain constant
over the ten-year contract period. Would the City consider a provision for an
annual resin and CPI adjustment? That may be subject to negotiations.
7. With regard to the computer system, is the vendor being asked to develop the
entire database program for container services? Or, will we need to link with a
current service work order program? The entire database program for
container services (tracking and maintenance)
8. Specifications currently require individual background and criminal history
checks on employees, even during the initial delivery phase. To meet the
City's aggressive delivery schedule, a large amount of temporary labor will be
required. Does this policy apply to temporary as well as permanent
employees? Yes
9. The CFW has proposed an extremely aggressive initial roll out schedule of
160,000 containers in roughly 45 days. A City can anticipate 20-25% of
residents to call with questions and concerns regarding the container. In the
r case of CFW, this could represent 1,000+ calls a day to City offices. Is the
City prepared to manage the large volume of calls? We will be
10.The CFW plans to survey residents prior to the initial roll out to determine
appropriate cart size. Will vendors be able to participate in the preparation of
the survey? Yes
a .If a vendor's financial report for the previous year will not be available prior to
the proposal due date, is it sufficient to provide the most current certified
financial statement? Thie prior year's audited statements crust be made
available prior to signing the contract. Yes
12.Is the City, and thereby the vendor exempt from sales, use, property and
excise taxes? The City is, the vendor is net.
13. The specification currently requires for a performance bond equal to 100% of
the remaining maintenance lease and/or purchase agreement? Such an
agreement would result in a considerable cost to the City. Would the City
consider a performance bond for only the current year of the contract, which
would greatly reduce the costs. No.
14.We understand the City's intention to allow residents to change cart size once
per year, but the number of residents that swap in any given year is totally
dependent on City changes in policy, promotion, pricing and/or scope of
services. For example, if the City decides to encourage recycling by
significantly increasing the cost of a 95-gallon container and advertising such
an increase, everyone with a 95-gallon could conceivably switch to a 65 or
35-gallon cart. Consequently, 127,500 95-gallon carts could become
obsolete. In addition, if 127,500 residents decide to swap, this could generate
500 service calls per day for an entire year — roughly fourteen trucks per day
would have to be dedicated to swapping carts. Because we can only assume
the worst-case scenario, this significantly increases the cost of our bid. Would
the City consider establishing a reasonable percentage threshold based on
changes in policy, promotion, pricing, and/or scope of services for swaps per
year rather than including the entire residential population? Possibly during
negotiations_
15.Addendum #2 dated June 7, 2002 item #5 deletes Section 2.12 - "Vendor's
Legal and Compliance History". Section 1.7 "Proposal Evaluation Critieria"
establishes a measurement factor of 10 points for "provider's legal and
compliance history." In light of Addendum #2's deletion of this requirement,
how will these points be awarded? It would appear that this requirement
would be important to the City as it relates to the providers "warranty and
service" record. Would the City consider reinstating this requirement? The