HomeMy WebLinkAboutC2016-216 - 5/24/2016 - Approved SERVICE AGREEMENT FOR USED TIRE DISPOSAL
Service Agreement No. 622
THIS Used Tire Disposal Service Agreement(this "Agreement")is entered into by and between
the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting by and through its
City Manager or his designee ("City Manager"), and TEXAS LAND RECLAMATION LLC, dba UTW
TIRE COLLECTION SERVICE ("Contractor"), effective for all purposes upon execution by the City
Manager.
WHEREAS Contractor has proposed to provide Used Tire Disposal Services in response to
Event No. 85 (which includes Specification 1106, Revised 03/09/2011) which is incorporated and
attached as Exhibit A;
WHEREAS the City has determined Contractor to be the lowest responsive,responsible bidder;
NOW,THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor shall provide Used Tire Disposal Services in accordance with Event No.
85 (which includes Specification 1106, Revised 03/09/2011). ("Services"), which request for bid and
related specifications, if any, are attached to this Agreement and incorporated by reference into this
Agreement as Exhibit "A". Contractor's bid to provide the services is attached to this Agreement and
incorporated by reference into this Agreement as Exhibit"B".
2. Term. This Agreement is for a term of one year,commencing on issuance of a Notice to Proceed
and continuing for twelve months thereafter. The term includes an option to extend for up to two additional
one-year periods subject to the approval of the Contractor and the City Manager.
3. Payment and Compensation. This Agreement is for an amount not to exceed $112,134.00,
subject to authorized extensions and changes. Payment terms are net 30 days after the goods are provided
or services are completed, as required, or a correct invoice is received, whichever is later.
4. 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 and communications
regarding this Agreement must be directed to the Contract Administrator, who serves as the Contract
Administrator,unless indicated otherwise in this Agreement.
5. Independent Contractor. Contractor shall perform the Services hereunder as an independent
contractor and furnish such Services in its own manner and method, and under no circumstances will any
employee, agent,or representative of the Contractor be considered an employee of the City.
6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance
company 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 will
be given at least thirty days' notice 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 15 days of the City Manager's written request to Contractor.Insurance
Requirements are attached and incorporated by reference into this Agreement as Exhibit C.
7. Assignment. No assignment of this Agreement nor any right or interest herein held by the
rr 2016-216 S the City Manager first gives written consent to such assignment. The
5/24/16
M2016-054
Texas Land Reclamation LLC INDEXED
performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to
withhold consent to such assignment is within the sole discretion of the City Manager on any ground
whatsoever.
8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any
fiscal year of the City(the City's fiscal year ends each September 30th) is subject to budget approval and
appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not
represent that a budget item for this Agreement will be actually adopted,as that determination is within the
sole discretion of the City Council at the time of adoption of each fiscal budget,
9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement
waives any subsequent breach of the same.
10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. All duties of the parties will be performed in Corpus Christi,Texas. The applicable law for any legal
disputes arising out of this Agreement is the law of Texas,and the forum and venue for such disputes is the
appropriate district or county court in and for Nueces County,Texas.
11. 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 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.
12. Amendments. This Agreement may be amended only in writing and signed by persons
authorized to execute the same by both parties.
13. Termination.
A. The City Manager may terminate this Agreement for Contractor's failure to perform the services
specified in this Agreement and its exhibits. The Contract Administrator must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the
cure period stated in the notice, the City Manager may terminate this Agreement immediately thereafter.
Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for
termination.
B. Alternatively, the City may terminate this Agreement without cause upon twenty days' advance written
notice to the Contractor. However,the City may terminate this Agreement upon twenty-four hours'advance
written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of
payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety
days' advance written notice to the City.
14. Taxes. The Contractor covenants to pay all applicable federal and state payroll taxes,
Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E
"Employer's Tax Guide",Publication 15, as it may be amended. Upon request, the City Manager shall be
provided proof of payment of these taxes within fifteen days of such request.
15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail,
postage prepaid and return receipt requested, and is deemed received on the date hand-delivered or faxed.
with proof of accepted transmission,and on the third day after deposit in the U.S.mail if sent certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Solid Waste Contract Administrator
P.O. Box 9277
Corpus Christi,Texas 78469-9277
Fax#(361)826-1971
IF TO CONTRACTOR:
Contractor Name: Texas Land Reclamation LLC,dba UTW Tire Collection Services
Contact Person: Penelope M Oaks
Mailing Address: PO Box 1236
City,State,ZIP: Donna,Texas 78537
Email Address: utwtirepennie@gmail.com
16. Extensions. This Agreement is subject to two twelve-month extensions at the same terms and
conditions.These extensions may be exercised at the sole discretion of the City.
17. Severability. Each provision of this Agreement is severable and if, for any reason, any
provision or any part thereof is determined to be invalid and contrary to any 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.
18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS
OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND
AGAINST ANY AND 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 LOSS OR
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 CONTRIBUTORY
NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE
OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR
ENTITY. 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
REASONABLY SATISFACTORY TO INDEMNITEES,AND PAY ALL CHARGES
OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS
OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR
UNDER THIS SECTION SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THIS AGREEMENT.
19. Certificate of Interested Parties.Contractor agrees to comply with Texas Government Code
section 2252.908 and complete Form 1295"Certificate of Interested Parties"as part of this Agreement.
Contractor: Texas,L-an' Reclamation LLC,
dba UT e ollecti n -
orr Signature: „«,
Printed Name: Penelo. .M.Oaks
Title: Owner
Date: 70/ o
CITY OF CORPUS CHRISTI
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Title: '1V v o c ur e r.,. ,.� f\"A- r C tiL
Date: Co/ 3/ (p Assis t City At •rney
For ( y Attorney
Attached and Incorporated by Reference:
Exhibit A: Bid Event No. 85 Specification 1106,dated 03/09/11
Exhibit B: Bidder's Bid Sheet
Exhibit C: Insurance Requirements
ATTEST: � �G��1 Lit.4ttiti
BECCA HUERTA
CTY SECRETARY
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Exhibit A
CITY OF CORPUS CHRISTI SPECIFICATION NO. 1106
PURCHASING DIVISION 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.
Exhibit B
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID SHEET
BID INVITATION NO.Event No. 85
PAGE 1 OF 1
DATE: 11/02/2015
UTW Tire Collection Services-P.M. Oaks
f
BIDDER AU • e � i r' A
R
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,Bidder certifies 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. Bidder is an Equal Opportunity Employer;and
c. the disclosure of Interest information on file with the City's purchasing office,pursuant to the Code of
Ordinances,is current and true.
UNIT TOTAL
ITEM DESCRIPTION QTY UNIT PRICE 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 disposal service per Specification No. 1106.
revised 03/09/11.
I. Loaded Trailer— Elliott Landfill, location—7001 Ayers. 26 Loads 1,699.00 44,174.00
It is estimated that 26 trailer loads of tires will be
collected during a twelve month period.
2. Loaded Trailer— Cefe Landfill, location — CR20 & FM 26 Loads 1,699.00 44,174.00
2044. It is estimated that 26 trailer loads of tires will be
collected during a twelve month period.
3. Loaded Trailer— Maintenance Services, location—5352 14 Loads 1,699.00 23,786.00
Ayers Street. It is estimated that 14 trailer loads of tires
will be collected during a twelve month period.
Exhibit C
INSURANCE REQUIREMENTS
BIDDER'S LIABILITY INSURANCE
A. Bidder must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Bidder must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Bidder must furnish to the City's Risk Manager and Director of Utilities one (1) copy of
Certificates of Insurance with applicable policy endorsements showing the following minimum
coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be
listed as an additional insured on the General liability and Auto Liability policies by
endorsement, and a waiver of subrogation endorsement is required on all applicable policies.
Endorsements must be provided with Certificate of Insurance. Project name and/or number must
be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Bidders
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
I. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Bidder must furnish the Risk
Manager with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Bidder must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. The workers' compensation coverage provided
must be in statutory amounts according to the Texas Department of Insurance, Division of
Workers' Compensation. An All States Endorsement shall be required if Bidder is not domiciled
in the State of Texas.
B. Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at 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. Bidder shall be required to submit renewal certificates of insurance throughout the term of this
contract and any extensions within 10 days of the policy expiration dates. All notices under this
Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
D. 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:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by
endorsement with regard to operations, completed operations, and activities of or on behalf of the
named insured performed under contract with the City, with the exception of the workers'
compensation policy;
• 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, cancellation, non-
renewal, material change or termination 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 cancellation, non-renewal, material change or termination of
coverage, Bidder shall provide a replacement Certificate of Insurance and applicable endorsements
to City. City shall have the option to suspend 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 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 Bidder to stop work hereunder, and/or withhold any payment(s) which
become due to Bidder hereunder until Bidder demonstrates compliance with the requirements
hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Bidder
may be held responsible for payments of damages to persons or property resulting from Bidder's
or its subcontractor's performance of the work covered under this contract.
H. It is agreed that 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.
I. It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
2015 Insurance Requirements
Solid Waste Department
Tire Disposal Services—City Landfills
9110/2015 ds Risk Management
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 ii there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-8841
Texas Land Reclamation,LLC dba UTW Tire Collection Services
Donna,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/03/2016
being filed.
City of Corpus Christi Date ckn wledged:
1110I(I)
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
Contract#622
Used Tire Disposal Services(Event No 85)
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
5 Check only If there is NO Interested Party. o
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
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:;.++ld.�s JOSHUA JARAMILLO
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`Signature of uthorize per of clont"racting bu mess entity
AFFIX NOTARY STAMP/SEAL ABOVE G
Sworn to and subscribed before me,by the said k I ,' ;( r) i' t V ,this the day of . ,
20 ,to certify which,witness my hand and seal of office.
Stgnature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34.416