HomeMy WebLinkAboutC2011-180 - 5/31/2011 - ApprovedCONTRACT
Used Tire Dis osal Service
Service Agreement No.
THIS Used Tire Disposal Service CONTRACT (this "Agreement ") is entered into by and
between EC 1 1 W T (the "Contractor ") and the City of Corpus Christi, a
Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the
City Manager.
WHEREAS Contractor has proposed to provide Used Tire Disposal Service in response to
Bid Invitation No. BI -0109 -I1 in accordance with Specification 1106, dated 03/09/11 which is
incorporated and attached as Exhibit A;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will perform Used Tire Disvesal Service in accordance with
Specification 1106.
- 2. Term. This Agreement is for twelve (12) months from notification of Contractor by the
City to commence. This Agreement includes an option to extend the term for up to two (2) additional
twelve -month periods subject to the approval of the Contractor and the City Manager or designee
("City manager').
3. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this Agreement including
deductions for non-performance and authorizations for payment. All of the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator, who is the
Solid Waste Contract Administrator and Maintenance Service Contract Administrator.
4. Independent Contractor. Contractor will perform the services hereunder as an
independent contractor and will furnish such services in its own manner and method, and under no
circumstances or conditions may any agent, servant or employee of the Contractor be considered an
employee of the City.
5. Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance
coverages to the Contract Administrator. Additionally, the Certificate must state that the Solid Waste
Contract Administrator and Maintenance Service Contract Administrator will be given at least
thirty (30) days advance written notice, by certified mail, of cancellation, material change m the
coverages or intent not to renew any of the policies. The City must be named as an Additional Insured.
The City Attorney must be given copies of all insurance policies within fifteen (15) days of the City
Manager's written request. Insurance requirements are attached in Exhibit A and incorporated into
each specification and may be revised by the City upon thirty (30) days advance written notice to
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05131.111
Santa Anita Reclamation
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6. Assignment. No assignment of this A
Contractor is effective unless the Ci first greement or any right or interest therein by the
performance of this A �' &ves its written. consent to such assignment. The
gareement by the Contractor is of the essence of this A
right to withhold consent to such assignment is within the sole discretion of the Ci o a
the
City's
whatsoever, t3' y ground
7. F5scal Year. All Peres recognize that the continuation of any contract after the clo
of any fiscal year of the City, which ends on July 31, is subject to appropriations and budget se
o
providing for covering this budget item as an .expenditure m the annual budget. The City d es not
represent that this or any other budget item will be actually adopted as that determination is within the
sole discretion of the City Council at the time of adoption of each annual budget.
8. Waiver. No waiver of any breach of any term or condition of this Agreement, or
Specification 1106, or the Contractor's bid offer to Bid Invitation No. BI- 0109 -I1. waives any
subsequent breach of the same.
9_ Compliance with Laws. This Agreement is subject to all Federal laws and laws of e
State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The th
applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form
and venue for such disputes is the appropriate district, county or justice court in and for Nueces
County, Texas.
10. Subcontractors. The Contractor may use subcontractors in connection with the work
performed under this Agreement n . When using subcontractors, however, the Contractor must obtain
pri or written approval from the Solid Waste Contract Administrator and Maintenance Service
Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were employees of the
Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors
and their employees to the same extent as if the Contractor and Its employees had performed the
SerVldes.
11. Amendments. This Agreement may be amended only by a written agreement signed
by the duly authorized representatives of the parties hereto.
12. Termination. The City Manager may terminate this Agreement for Contractor's failure
to perform the services specified in Bid Invitation No. BI- 0109 -I1 or Specification No. 1106. Failure
to keep all insurance policies and performance bonds in force for the entire term of this A greement is
grounds for termination. The Contract Administrator must give the Contractor at least five (5) working
days advance written notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City Manager may terminate this Agreement
immediately thereafter.
Alternatively, the City may te""nate this Agreement upon twenty (20) days advance written
notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours
advance written notice to the Contractor for Contractor's failure to pay or provide proof of payment of
taxes as set out in Section 13.
13. Taxes. The Contractor covenants to Pay Payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide,
Publication 15, as it may be amended. Upon his request, the City
payment of these taxes within fifteen (15) days of such request. Manager shall be provided proof of
14. Drag Policy. The Contractor must adopt a Drug Free 'Workplace and drug testing
policy that substantially conforms to the City's policy. The City has a zero - , tolerance drug policy.
15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related
hang Policy that substantially conforms to the City's policy. The City has azero- tolerance violence in
the workplace policy.
16. Notice Notice may be given by fax, hand delivery or certified mail Postag
and shall be deemed received on the day faxed or Band- delivered or on the third day a$ prepai
U.S. mail if sent by certified mail. Notice shall be addressed as follows:
IF TO CITY:
City of Corpus Christi
Attention: Solid Waste Contract Administrator and
Maintenance Service Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Fax No.: (361) 857 -1971 and (361) 857 -1573
IF TO CONTRACTOR:
Contractor Name:
Contract Person:
Address:
City, State, Zip:
Fax No.:
! 14 1
�n
8:
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TA I K F C k fl ff1 A Tl� O tJ TOoz p , L L B
0 1 35
17. Month -to -Month Extension. If the City has not completed the procurement process
and awarded a new contract upon expiration of the original contract period or any extension
vide goods/services under this A P��, the
Contractor shall continue to
1nO g Agreement, at the most current price
under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months.
This Agreement automatically expires on the effective date of a new contract.
18. Severability. Each provision of the Agreement shall be considered to be severable and,
if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to
any existing or future applicable law, such invalidity shall not impair the operation of or affect those
portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all
respects as if the invalid or unenforceable provision or part thereofhad been omitted.
19. . INDEMMFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EWLOyFES
AND AGENTS (INDEMNITEES) FROMAND AGAINST ANYAND ALL LIABILITY, LOSS`, CLAIMS,
DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEA
PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KWD OF DAMAGH
INCLUDING ALL FJYPEIITSES OF LITIGATION, CO EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED STS,
EXPERT
OUT FEES AND
CONNECTION WITH THIS AGREEMENT OR THE PERFOAM4NCE OF THIS AGREEAM
REGARDLESS OF WHETHER THE INJURIES DEATH OR DAMAGES ARE CAUSED OR ARE
CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTWG NEGLIGENCE OF
INDEMWITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH
THE FAULT OF ANY OTHER PERSON OR GROUP CONTRACTOR MUST, AT ITS OWN
EXPENSE, INVESTIGATE ALL CLAD AND DEMANDS, ATTEND TO THEIR SET TLEAIENT OR
OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
SATISFACTORY TO INDEMNrIFES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER
COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE,
LOSS, CLAIMS DEMANDS OR ACTIONS: THE INDEMNIFICATION OBLIGATIONS O
CONTRACTOR UNDER TIffS SECT F
ION SHALL SURVIVE THE EXPIRATION OR SOONER
TERMWATION OF THIS AGREEMENT:
[SIGNATURES ON FOLLOWING PAGE]
SIGNED this 1 9 . day of 20.x.
APPROVED THIS ► S ! DAY OF IW ±:�r , 20 it
CARLOS VALDEZ., CITY ATTORNEY
By: 40E . ••� --
Bn�'an Narvaei, Asst. City Attorney
4TH:
ARMANDO CHAPX
Incorpoiayeference:
2- 5 AUTHORIZED
Sr MUNCtL....Q.�
SEMARY �.
Exhibit A: Bid Invitation No. BI- 0109 -11 (Includes Specification 1106 and Insurance Requirements)
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
P. O. BOX 9277
CORPUS CHRISTI, TEXAS 78469 -9277
BID INVITATION
INVITATION TO:
SANTA ANITA RECLAMATION
PO BOX 354
LINN, TX 78563
This invitation includes these forms:
*Bid Invitation
Notice to All Bidders
Instructions to Bidders
Standard Purchase Terms & Conditions
*Bid Sheet
Specification No. 1106, Revised 03/09/11
Service Agreement Standard Provisions
Insurance Requirements
*Contract
*Minority Business Enterprise Information Form
*Disclosure of Interest
INVITATION NO.: BI- 0109 -11
(Must appear on Bidder's return envelope)
COMMODITY: Used Tire Disposal Service
REQUISITION NO. (S) N/A
BID CLOSING TIME: 11:00 AM, March 30, 2011
(By Purchasing Division Time Stamp)
For information contact:
*These documents must be properly completed and returned.
BID (Refer to "Instructions to Bidders" before completing)
The undersigned, by his/her signature, represents that he /she is authorized to bind the Bidder to fully comply with the terms and
conditions of the attached Bid Invitation, Specifications, and Special Provisions for the amount(s) shown on the accompanying bid
sheet if the offer is accepted within _ calendar days (90 days unless a different period is inserted) after date of bid opening.
Firm Name: A NT14 Rt4 TA '� E C L A M A T TO o l d L L C Telephone: q% -�S'} S97 Ext,
Address: Vn 10 1 � �{�✓ � 0 2C�c Fax: -'7 - O I �
City: L - 4 n State: 7—X Zip: 6 7- E -mail: I C 101- �3 0.erv1
l
Date:
Signature o Authorized to Sign Bid
Signer's Name L tq N c r"_ L K IZ Title: ti
(Please print or type)
Telephone: (361) 826 -3176
Email: rebeccaj@cctexas.com
CONTRACT
Used Tire Disposal Service
Service Agreement No.
THIS Used Tire-Disposal Service CONTRACT (this "Agreement ") is entered into by and
between 5 ,4_ANr �rgj F k Ar" k - rrA t (the "Contractor ") and the City of Corpus Christi, a
Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the
City Manager.
WHEREAS Contractor has proposed to provide Used Tire Dis osal Service in response to
Bid Invitation No. BI- 0109 -11 in accordance with Specification 1106, dated 03/09/11 which is
incorporated and attached as Exhibit A;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will perform Used Tire Disposal Service in accordance with
Specification 1106.
2. Term. This Agreement is for twelve (12) months from notification of Contractor by the
City to commence. This Agreement includes an option to extend the term for up to two (2) additional
twelve -month periods subject to the approval of the Contractor and the City Manager or designee
( "City Manager').
3. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this Agreement including
deductions for non - performance and authorizations for payment. All of the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator, who is the
Solid Waste Contract Administrator and Maintenance Service Contract Administrator.
4. Independent Contractor. Contractor will perform the services hereunder as an
independent contractor and will furnish such services in its own manner and method, and under no
circumstances or conditions may any agent, servant or employee of the Contractor be considered an
employee of the City.
5. Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance
coverages to the Contract Administrator. Additionally, the Certificate must state that the Solid Waste
Contract Administrator and Maintenance Service Contract Administrator will be given at least
thirty (30) days advance written notice, by certified mail, of cancellation, material change in the
coverages or intent not to renew any of the policies. The City must be named as an Additional Insured.
The City Attorney must be given copies of all insurance policies within fifteen (15) days of the City
Manager's written request. Insurance requirements are attached in Exhibit A and incorporated into
each specification and may be revised by the City upon thirty (30) days advance written notice to
Contractor.
6. Assignment. No assignment of this Agreement or any right or interest therein by the
Contractor is effective unless the City first gives its written consent to such assignment. The
performance of this Agreement by the Contractor is of the essence of this Agreement and the City's
right to withhold consent to such assignment is within the sole discretion of the City on any ground
whatsoever.
7. Fiscal Year. All parties recognize that the continuation of any contract after the close
of any fiscal year of the City, which ends on July 31, is subject to appropriations and budget approval
providing for covering this budget item as an .expenditure in the annual budget. The City does not
represent that this or any other budget item will be actually adopted as that determination is within the
sole discretion of the City Council at the time of adoption of each annual budget.
8. Waiver. No waiver of any breach of any term or condition of this Agreement, or
Specification 1106, or the Contractor's bid offer to Bid Invitation No. BI- 0109 -11 waives any
subsequent breach of the same.
9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the
State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The
applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form
and venue for such disputes is the appropriate district, county or justice court in and for Nueces
County, Texas.
10. Subcontractors. The Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the Contractor must obtain
prior written approval from the Solid Waste Contract Administrator and Maintenance Service
Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were employees of the
Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors
and their employees to the same extent as if the Contractor and its employees had performed the
services.
11. Amendments. This Agreement may be amended only by a written agreement signed
by the duly authorized representatives of the parties hereto.
12. Termination. The City Manager may terminate this Agreement for Contractor's failure
to perform the services specified in Bid Invitation No. BI- 0109 -11 or Specification No. 1106. Failure
to keep all insurance policies and performance bonds in force for the entire term of this Agreement is
grounds for termination. The Contract Administrator must give the Contractor at least five (5) working
days advance written notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City Manager may terminate this Agreement
immediately thereafter.
Alternatively, the City may terminate this Agreement upon twenty (20) days advance written
notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours
advance written notice to the Contractor for Contractor's failure to pay or provide proof of payment of
taxes as set out in Section 13.
13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide,
Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of
payment of these taxes within fifteen (15) days of such request.
14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing
policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy.
15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related
hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence in
the workplace policy.
16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid,
and shall be deemed received on the day faxed or hand - delivered or on the third day after deposit in
U.S. mail if sent by certified mail. Notice shall be addressed as follows:
IF TO CITY:
City of Corpus Christi
Attention: Solid Waste Contract Administrator and
Maintenance Service Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Fax No.: (361) 857 -1971 and (361) 857 -1673
IF TO CONTRACTOR:
Contractor Name:
Contract Person:
Address:
City, State, Zip:
Fax No.:
�;A.N_I p A rv-Z. - r/1 7 9 FC b q
,il e U)VgLlitl
- L ry nj - - 7 K 5 6 5
Q S �, - � < A `7 - 'R t00X , n 1
�n R rt":J: (3 N "Pac -5 , t- L
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5
17. Month -to -Month Extension. If the City has not completed the procurement process
and awarded a new contract upon expiration of the original contract period or any extension period, the
Contractor shall continue to provide goods /services under this Agreement, at the most current price
under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months.
This Agreement automatically expires on the effective date of a new contract.
18. Severability. Each provision of the Agreement shall be considered to be severable and,
if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to
any existing or future applicable law, such invalidity shall not impair the operation of or affect those
portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all
respects as if the invalid or unenforceable provision or part thereof had been omitted.
19. INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES
AND AGENTS (INDEMNITEES) FROMAND AGAINST ANYAND ALL LIABILITY, LOSS, CLAIMS,
DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH,
PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE,
INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND
EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT,
REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE
CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF
INDEIYINITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH
THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN
EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR
OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER
COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LLABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF
CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THIS AGREEMENT.
[SIGNATURES ON FOLLOWING PAGE]
SIGNED this 19 day of 0C) A 2 ILIA 20_Ll_.
CITY OF CORPUS CHRISTI
Michael Barrera,
Assistant Director of Financial Services
APPROVED THIS DAY OF , 20
CARLOS VALDEZ., CITY ATTORNEY
M.
Brian Narvaez, Asst. City Attorney
Incorporated by Reference:
Exhibit A: Bid Invitation No. BI- 0109 -11 (Includes Specification 1106 and Insurance Requirements)
i
CITY OF CORPUS CHRISTI
FINANCE DEPARTMENT / PURCHASING DIVISION
MINORITY BUSINESS ENTERPRISE INFORMATION
FORM
THIS FORM MUST BE SUBMITTED
ALONG WITH BID
PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS.
EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE:
❑ YES N NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB)
Select all that are appropriate:
❑ ASIAN PACIFIC
❑ BLACK
❑ HISPANIC
❑ NATIVE AMERICAN
❑ WOMAN
Please visit the following website for information on becoming a Certified HUB: htW:// www. windoNv .state.tx.us/�rrocuremeitt/proa /hub/
❑ YES Ej NO - LOCAL SMALL BUSINESS (LSB)
A for - profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas
DYES 1,51 NO OTHER (PLEASE SPECIFY):
Vsz THIS COMPANY IS NOT A CERTIFIED HUB or LSB
THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL
AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF
EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY.
BID INVITATION NO: BI- 0 1 01 s I l
Firm Nam O nliq G n i ln� A In'I call 0 0,, L LtTelephone: 9% - P1?- S
Address 953 _'V m loll ?0 &1 35 Fax: q 5(:, 07135
City: /' E -mail:
of Person Authorized to Sign Form
Date:
Signer's Name: Lit) Q.9— o, Title:
(Please print or type)
1 / ,- Co I I-
C UDrZ,e r nG 9 e r1
7i!�j
�" SUPPLIER. NUMBER
TO BE ASSIGNED BYZ`,17Y
City Of PURCHASING DIVISION
C ti CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with
the City to provide the following information. Every question must be answered. If the question is not
applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME: h 7 2e- C / /, - j - / - ;0 e-
P. O. BOX: f n STREET ADDRESS: 53 _ E /O /
CITY. STATE: n , ZIP:
FIRM IS: I. Corporation 2. Partnership 3. Sole Owner
4. Association 5. Other e, E] /
If additional space is necessary, DISCLOSURE QUESTIONS
please use the reverse side of this pa a or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm."
Name Title
t
IV V�l
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4_ State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of
the ownership in the above named "firm."
Name Consultant
�t
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an economic
benefit on any City official or employee that is distinguishable from the effect that the action will have on
members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing
to the City official, employee or body that has been requested to act in the matter, unless the interest of the City
official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with
the City Secretary. [Ethics Ordinance Section 2 -349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly
submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person:
La
n C� }/(� P f .. Title:
(Type or ]print)
Signature of Certifying Person: Date: 3/ !/
DEFINITIONS
a. `Board member." A member of any board, commission, or committee appointed by the City Council of
the City of Corpus Christi, Texas.
b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on
that interest that is distinguishable from its effect on members of the public in general or a substantial
segment thereof.
a. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time
basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock
company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-
profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant
City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,
Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held"
- refers to holdings or control established through voting trusts, proxies, or special terms of venture or
partnership agreements."
g. "ConsuItant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for
the purpose of professional consultation and recommendation.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID SHEET
BID INVITATION NO. BI- 0109 -11
PAGE 1 OF 1
DATE: / 00 (� a 011
BIDDER UTHORIZED SIGNATURE
1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid.
2. Quote your best price, F.O.B. Destination, on each item.
3. In submitting this bid, I certify that:
a. the prices in this bid have been arrived at independently, without consultation, communication, or '
agreement with any other Bidder or competitor, for the purpose of restricting competition with regard
to prices;
b. I am an Equal Opportunity Employer; and
the disclosure of Interest information on file with City purchasing pursuant to the Code of Ordinance
is current and true.
ITEM
DESCRIPTION
QTY
UNIT
UNIT
PRICE
TOTAL
PRICE
Twelve month service agreement with option to
extend for up to two (2) additional twelve month
periods subject to the approval of the City Manager
or designee for used tire collection per Specification
No. 1106, revised 03109111.
1.
Loaded Trailer — Elliott Landfill, location — 7001
26
Loads
Ayers. It is estimated that 26 trailer loads of tires
will be collected during a twelve month period.
2.
Loaded Trailer — Cefe Landfill, location — CR20 &
26
Loads
00
J 1
FM 2044. It is estimated that 26 trailer loads of tires
will be collected during a twelve month period.
3.
Loaded Trailer — Maintenance Services, location —
14
Loads
A
5352 Ayers Street. It is estimated that 14 trailer loads
of tires will be collected during a twelve month
period.
c�
z�
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
SERVICE AGREEMENT STANDARD PROVISIONS
Contractor and the City of Corpus Christi agree as follows:
Term The term of this Service Agreement is twelve months, with the option to extend for
up to two additional twelve -month periods, subject to the approval of the Contractor and
the City Manager, or designee. If the City has not completed the bidding process - and
awarded a new service agreement upon expiration of the original contract period or any
extension period, the Bidder shall continue to provide goods /services under this
Agreement, at the most current price under the terms of this service agreement or
extension, on a month -to -month basis, not to exceed six months. This service agreement
automatically expires on the effective date of a new contract.
2. Description - Sale of Goods -and Services. Contractor will transfer and deliver to the
City, and the City will pay for and accept the City's requirements, during the term of the
Agreement for all of the items described on the Bid Sheet(s). Quantities shown on the Bid
Sheet(s) are estimates and do not obligate the City to order or accept more than the City's
actual requirements during the Agreement, nor do the estimates limit the City to ordering
less than its actual needs during the Agreement, subject to availability of appropriated
funds.
3. Purchase Order. The City will exercise its right to specify time, place and quantity to be
delivered in the following manner: Any City department or division may send to seller a
purchase order signed by an authorized agent of the department or division. The purchase
order will refer to this Service Agreement and will specify the item, quantity, delivery date,
shipping instructions and receiving address of the ordering department or division.
4. Default In One Installment to Constitute Total Breach. Each installment of this
Agreement is dependent on every other installment, and a delivery of non - conforming
goods or services, or a default of any nature under one installment will impair the value of
the whole Agreement and may constitute a total breach of the Agreement.
5. Replacement of Merchandise. Any merchandise rejected must be corrected or replaced
by suitable merchandise within two weeks, at no charge to the City, or a replacement will
be bought on the open market and any costs incurred, including additional costs over the
bid price, shall be paid by the Contractor within thirty days of receipt of the City's invoice.
6. Price Adjustment. All goods and services to be delivered pursuant to this Service
Agreement, including any extensions thereof, will be purchased at the prices on the
Contractor's Bid Sheet, provided that at renewal or extension of the Agreement for an
additional twelve- months period(s), the prices for goods and services to be delivered during
the ensuing twelve -month period(s) may be increased or decreased to the extent of changes
in the cost of material to the Contractor, as reflected in written documentation provided by
the Contractor to the City.
City of Corpus Christi
Purchasing Department
Specification No. 1106
Revised March 9, 2011
Page 1 of 1
SPECIFICATIONS FOR USED TIRE DISPOSAL SERVICE
Statement of Need
The City will establish a service contract for disposing of whole used tires collected at the Elliott
Landfill, located at 7001 Ayers, Cefe Landfill, located at CR20 & FM 2044, and the City's
Maintenance Services facility, located at 5352 Ayers. This service consists of the furnishing of
trailers and disposal of whole used tires collected by Solid Waste Services and Maintenance
Services.
Requirements
The successful contractor must be registered by the Texas Commission of Environmental Quality
(TCEQ) and have a TCEQ permitted storage and/or processing facility for proper tire
disposal/processing. All tires disposed/processed under this contract shall be in accordance with
all Federal, State and local rules and regulations concerning the safe and proper disposal of tires.
The successful contractor will be required to inventory a minimum of four trailers to service the
City's account, two at the Elliott Landfill, one at the Cefe Landfill and one at Maintenance
Services. Upon execution of the contract, the successful contractor will furnish two trailers,
minimum of forty feet long, at the Elliott Landfill, one trailer, minimum of forty feet long, at the
Cefe Landfill and one trailer, minimum of forty feet long, at Maintenance Services. When a
trailer is filled, the City will notify the successful contractor for removal of the filled trailer.
Within one (1) day of being notified, the successful contractor will be required to bring an empty
trailer to the requested site (Elliott Landfill, Cefe Landfill or Maintenance Services), place it at an
acceptable location to the City and pick -up the filled trailer for disposal. The inventory
requirement is necessary to ensure the Elliott Landfill and Cefe Landfill are in Regulatory
Compliance and Maintenance Services have an adequate amount of trailers on hand to store whole
tires.
Failure to comply with trailer inventory requirements and/or one (1) day turn around will be
grounds for contract cancellation. The City reserves the right to cancel the contract after three
incidents have been documented to the successful contractor of inadequate trailer inventory and/or
delays in trailer removal.
Bidders are requested to indicate how the tires will ultimately be disposed/processed.
ATTACHMENT
INSURANCE REQUIREMENTS
SUCCESSFUL BIDDER'S LIABILITY INSURANCE
A. Successful Bidder shall not commence work under this agreement until all insurance
required herein has been obtained and approved by the City's Risk Manager or designee.
Successful Bidder must not allow any subcontractor to commence work until all similar
insurance required of the subcontractor has been so obtained.
B. Successful Bidder shall furnish to the Risk Manager or designee two (2) copies of
Certificates of Insurance, showing the following minimum coverage by an insurance
company(s) acceptable to the Risk Manager or designee. The City must be named as an
additional insured for the General Liability policy, and a blanket waiver of subrogation is
required on all applicable policies.
TYPE of INSURANCE
MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation, non - renewal,
Bodily Injury and Property Damage
material change or termination required on all
Per occurrence 1 aggregate
certificates and policies
Commercial General Liability including:
$500,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractor
Automobile Liability — Owned, Hired & Non -Owned
$500,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION
WORKERS' COMPENSATION ACT AND
SECTION II OF THIS EXHIBIT
EMPLOYERS' LIABILITY
$500,0001$500,0001$500,000
C. In the event of accidents of any kind, Successful Bidder shall furnish the Risk Manager
with copies of all reports of such accidents within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Successful Bidder must obtain workers' compensation coverage through a licensed
insurance company in accordance with Texas law. The contract for coverage must be
written on a policy and endorsements approved by the Texas Department of
Insurance. The coverage provided must be in amounts sufficient to assure that all
workers' compensation obligations incurred will be promptly met.
B_ Successful Bidder's financial integrity is of interest to the City; therefore, subject to
Successful Bidders right to maintain reasonable deductibles in such amounts as are
approved by the City, Successful Bidder shall obtain and maintain in full force and
effect for the duration of this Contract, and any extension hereof, at Successful
Bidder's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A- (VII).
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits
required by the City, and may require the deletion, revision, or modification of
particular policy terms, conditions, limitations or exclusions (except where policy
provisions are established by law or regulation binding upon either of the parties
hereto or the underwriter of any such policies). Successful Bidder shall be required to
comply with any such requests and shall submit a copy of the replacement certificate
of insurance to City at the address provided below within 10 days of the requested
change. Successful Bidder shall pay any costs incurred resulting from said changes.
All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.Q. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
D. Successful Bidder agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation and professional liability polices;
• Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non - renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non- renewal of
coverage, Successful Bidder shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Successful
Bidder's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Successful Bidder's failure
to provide and maintain any insurance or policy endorsements to the extent and within
the time herein required, the City shall have the right to order Successful Bidder to
stop work hereunder, and/or withhold any payment(s) which become due to
Successful Bidder hereunder until Successful Bidder demonstrates compliance with
the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Successful Bidder may be held responsible for payments of damages to persons or
property resulting from Successful Bidder's or its subcontractor's performance of the
work covered under this agreement.
H. It is agreed that Successful Bidder's insurance shall be deemed primary and non -
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2011 Used Tire Disposal ins req.
3 -9 -11 ep Risk Mgmt.
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MUNAL INSURANCE AGENCY, P.C.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
800 N MCCOLL RD.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Mr-ALLEN, TX 76501
COMPANIES AFFORDING COVERAGE
COMPANY
A ESSEX INSURANCE COMPANY
INSURED
SANTA ANITA RECLAMATION LLC
COMPANY PROGRESSIVE INSURANCE CO
8
P O BOX 354
LINN. TX 7$563
COMPANY
C TRAVELERS INSURANCE CO
COMPANY
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CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
THIS
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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TYPE OF INSURANCE
POLICY NU MBER
P011CY EFFECTIVE
POLICY EXPIRATION
LIMITS
DATE IMU1oo/YYl
DATE (MMIDDNVj
A
GENERAL UABILITY
1157665
01/07/2011
01/0712012
GENERALAGGREGATE S 1 Mo 0 00
X COMMERCIAL GENERAL LIABILITY
PRODUCTS - COMPIOPA
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CLAIMS MADE FRI OCCUR
PERSONALS ADV INJURY
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OFFICERS ARE: EXCL
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A
PROPERTY
1157665
01/07/2011
0110712012
BUILDING : $6000.00
BUSINESS PERSONAL PROPERTY:
$5.000.00
DESCRIPTION OF OPERATI ONSILOCATIONSNEHICLESAIPECIAL ITEMS
CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED AND
PROVIDED WITH A WAIVER OF SUBROGATION UNDER THE
WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGES
CITY OF CORPUS CHRISTI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ATTN: RISK MANAGEMENT
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
P 0 BOX 9277
30 DAYS w RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
CORPUS CHRISTI TX 75469 -9277
BUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
ANY KIND UPON THE PANY, ITS AGENTS OR REPRESENTATMES.
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