city of crockett, texas request for · pdf filecity of crockett, texas request for proposal...

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City of Crockett, Texas

Request for Proposal Solid Waste Collection and Disposal Services

RFP 2015-001

Dated: March 31, 2015

Responses Due: June 5, 2015 at 2:00 PM CDT

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REQUEST FOR PROPOSALS WITH QUALIFICATIONS FOR THE

COLLECTION AND DISPOSAL OF RESISDENTIAL AND COMMERCIAL SOLID WASTE AND RECYCLING

The City of Crockett, Texas is accepting sealed proposals for Solid Waste Collection and

Disposal Services—Type of Work: Collection, Transportation, and Disposal of all residential and

commercial solid waste, including refuse, yard waste, bulky waste, and potentially recyclables

from the contract area to a disposal or processing site identified by the Contractor.

Information relative to this project and/or complete proposal package may be obtained on our

website www.crocketttexas.org or from City Hall 200 N. 5th

Street, Crockett, Texas 75835 or

contact with same at (936) 544-5156.

Sealed proposals shall be addressed to Mitzi Thompson, City Secretary, City of Crockett, Texas,

City Hall 200 N. 5th

Street, Crockett, Texas 75835 and shall be labeled “RFP DO NOT OPEN”

and “SOLID WASTE COLLECTION AND DISPOSAL SERVICES”. Proposals shall be

submitted no later than, 2:00 P.M., Friday, June 5, 2015. It is the sole responsibility of the

Contractor to insure that this proposal is actually in the City Hall of the City of Crockett prior to

the expiration of the time and date above. Any proposal received after the expiration of the time

and date above will be returned to the Contractor unopened.

Upon consideration of the proposals, the City of Crockett reserves the right to accept or to reject

any and all proposals, to waive technicalities, and to make any investigation deemed necessary

concerning the Contractor’s ability to provide the services as covered by the specifications and to

accept what in their judgment is the most advantageous proposal.

Sean L. Hutchison, CPM

City Administrator

CERTIFICATION

I hereby certify that the above “Request for Proposal” was posted at City Hall, City of Crockett, Texas on the 8

th day of April, 2015.

_______________________

Mitzi Thompson

City,Secretary

http://www.crocketttexas.org/

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Instruction to Contractors

Solid Waste Collection and Disposal

1. RECEIPT AND OPENING OF PROPOSALS

The City of Crockett (the City) invites and will receive proposals on the forms attached hereto,

all information on which must be appropriately completed. Proposals will be received at the

office of the City Secretary until 2:00 P.M. Central Daylight Savings Time on Friday, June

5, 2015. The envelope containing the Proposals must be sealed and addressed to Mitzi

Thompson, City Secretary, City of Crockett and plainly marked “Proposal for Solid Waste

Collection and Disposal” “RFP DO NOT OPEN”.

By Mail: 200 N. 5th

Street

Crockett, Texas 75835

Each Contractor shall provide the City with eight (8) bound copies and one electronic copy of

their proposal.

2. PREPARATION OF THE PROPOSAL

All Proposals must be prepared and signed by the Contractor in the form attached hereto.

Additional copies of the Proposal form may be obtained from the City’s website at

www.crocketttexas.org or by email at [email protected]. All blank spaces in

each Proposal Form together with appropriate schedules must be completed in full, in ink or

typewritten, in both words and figures. All words shall be printed. If there is a discrepancy

between the figures and the words, the words shall prevail.

If a unit price or a lump sum already entered by the Contractor on the Proposal Form is to be

altered, it shall be crossed out with ink and the new unit price or lump sum entered above or

below it, and initialed by the Contractor in ink.

Each Proposal, together with appropriate schedules, must be submitted in a sealed envelope

bearing on the outside the name of the Contractor, the Contractor address, and plainly marked

“PROPOSAL FOR SOLID WASTE COLLECTION AND DISPOSAL” “RFP PROJECT DO

NOT OPEN”. If forwarding by mail, the sealed envelope containing the Proposal must be

enclosed in another envelope addressed as specified in the Proposal. Any Proposal may be

withdrawn in writing to the City Administrator prior to the above scheduled time for the opening

http://www.crocketttexas.org/

mailto:at%[email protected]

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of Proposal or authorized postponement thereof. Any Proposal received after the time and date

specified shall not be considered.

3. PROPOSAL SECURITY AND EVIDENCE OF INSURANCE

Each Proposal must be accompanied by a bond or a cashier’s check of the Contractor, drawn on a

national bank, in an amount of Fifteen Thousand Dollars ($15,000.00), as a guarantee on the part

of the Contractor that the Contractor will, if called upon to do so, accept and enter into a contract

on the attached form (or such form as may mutually be agreed upon by the City and the selected

Contractor), to perform the work covered by such Proposal and at the rates stated therein and to

furnish a corporate surety for its faithful and entire fulfillment. Checks and bonds will be returned

promptly after the City and the selected Contractor have executed the Contract, or, if no

Contractor’s Proposal has been selected within ninety (90) calendar days after the date of the

opening of Proposals, upon demand of the Contractor at any time thereafter, so long as the

Contractor has not been notified of the acceptance of the Proposal. Each Proposal must be

accompanied by a certificate of insurance evidencing the coverage set forth in the General

Specifications.

4. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO THE CONTRACT

The Contract shall be deemed as having been awarded when formal notice of award is mailed by

the City to the Contractor by certified mail, return receipt requested. The Contractor to whom the

contract is awarded will be required to execute Two (2) copies of the Contract on the form

attached hereto (or such form as may mutually be agreed upon by the City and the selected

Contractor) and to furnish requested insurance certificates for surety (equal to 100% of the annual

Contract sum) and various liabilities.

In case of the Contractor’s refusal or failure to do so within twenty (20) calendar days after the

Contractor’s receipt of formal notice of award, the Contractor will be considered to have

abandoned all Contractors rights and interests in the award, the Contractor’s proposal security

may be declared forfeited to the City as liquidated damages and the award may then be made to

the next best qualified Contractor or the work re-advertised for Proposals as the City may elect.

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REQUEST FOR PROPOSALS WITH QUALIFICATIONS

FOR THE COLLECTION AND DISPOSAL OF

RESISDENTIAL AND COMMERCIAL SOLID WASTE AND RECYCLING

5. SECURITY FOR FAITHFUL PERFORMANCE

To guarantee completion of this contract and the provisions contained herein, the Contractor

attaches hereto and makes apart hereof a performance bond on the form attached or an irrevocable

letter of credit on a form approved by the City Attorney, in the sum of $400,000.00 duly executed

by the Contractor and a surety licensed by the State of Texas or a lending institution.

Premium for the bonds described above shall be paid by the Contractor. A certificate from the

surety showing that the bond premiums are paid in full shall accompany the bond.

The surety on the bond shall be a duly authorized corporate surety with an AAA rating authorized

to do business in the State of Texas.

6. POWER OF ATTORNEY

Attorneys-in-fact who sign bonds must file with each bond a certified and effectively dated copy

of their power of attorney.

7. SCOPE OF WORK

The work under this Contract shall consist of the items contained in the Proposal, including all

incidentals necessary to fully complete said work in accordance with the Contract Documents. It

should be noted that the City does not pay Federal Excise Taxes and/or Texas and local retail

sales and use taxes. Tax exemption certificates can be provided upon request to the selected

Contractor.

Collection times for residential, commercial, and industrial unit pick-ups shall be from 7:00 a.m.

to 7:00 p.m., Monday through Saturday. Commercial and industrial customers may be allowed to

have individual agreements for pick up days and times, by submitting a written request and

receiving written approval from the City Administrator and the Contractor.

Should the sanitation service provider decide to observe any holiday by the suspension of

collection service on the holiday, such provider will in no manner be relieved of the obligation to

provide collection service at the normal frequency per week. The sanitation service provider will

be required to provide notice to the City and the residents prior to a holiday or scheduled non-

pickup on a regular pick up day.

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The sanitation service provider will provide donated special collection services as requested by

the City Administrator (Not to exceed 2 times per year). These special collection services for

events shall be for a limited duration of one week or less and shall be in the form of up to four (4)

dumpsters or one (1) roll off per event. Additionally, service for all City locations, both current

and as added during the life of the contract, shall be at no charge. Currently the City is using the

following dumpsters for municipal sites: 7-Two Yard @ twice per week; 4-two Yard @ once per

week. Contractor shall participate in the Spring and Fall large item collection weeks (2 weeks total)

and provide up to six (6) roll-offs per week at no charge to handle the refuse collected. Roll offs

will be 40 cubic yard containers. The Contractor may provide fully staffed compactor trucks in

lieu of the roll offs upon written approval of the City Administrator and the Contractor.

The sanitation service provider will provide to the City monthly reports of complaints, tonnage of

refuse collected, and the tonnage collected and gross revenues on recyclable collections.

8. CONDITIONS

Each Contractor shall be fully acquainted with conditions relating to the scope and restrictions

attending the execution of the work under the Contract. The Contractors shall thoroughly examine

and be familiar with the General Specifications.

The failure or omission of any Contractor to receive or examine any form, instrument, addendum

or other document, or to become acquainted with conditions existing, shall in no way relieve the

Contractor of any obligations with respect to the Proposal or to the Contract.

The City shall make all such documents available to the Contractors. The Contractor shall make

the Contractor’s own determination as to conditions and shall assume all risk and responsibility

and shall complete the work in and under conditions the Contractor may encounter or create,

without extra cost to the City.

The Contractor’s attention is directed to the fact that all applicable State and Federal laws,

municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the

work to be performed shall apply to the Contract throughout, and they will be deemed to be

included in the Contract as though written out in full in the Contract.

9. ADDENDA AND EXPLANATIONS

Explanations, such as the meaning or interpretation of the invitation, specifications, definitions,

etc., desired by a prospective Contractor shall be requested of the City in writing, and if

explanations are necessary, a reply shall be made in the form of an Addendum, a copy of which

will be forwarded to each known Contractor and posted on the website. It is the responsibility of

each Contractor to check the website for addendums. All written requests for explanations or

interpretations must be received by the City Administrator no later than the City’s close of

business on May 8, 2015. Every request for such explanation shall be in writing addressed to the

City Administrator. Any verbal statements regarding same, by any person, previous to the

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award, shall not be authoritative and will not be binding.

Addenda issued prior to date of receipt of Proposals shall become a part of the Contract

Documents, and all Proposals shall include the work described in the Addenda.

Any and all such interpretations and any supplemental instructions will be in the form of written

Addenda, which, if issued, shall be mailed by certified mail, return receipt requested, to all known

prospective Contractors (at the respective addresses furnished for such purposes).

10. NAME, ADDRESS, AND LEGAL STATUS OF THE CONTRACTOR

The Proposal and all copies must be properly signed in ink and the telephone and address,

including the County and State, of the Contractor given. The legal status of the Contractor,

whether Corporation, Partnership, or Individual, shall also be stated in the Proposal.

A Corporation shall execute the Proposal by its duly authorized Officers in accordance with its

corporate by-laws and shall also list the State in which it is incorporated. A partnership Contractor

shall give full names and addresses of all partners. Partnership and individual Contractors will be

required to state in the Proposal the names of all persons interested therein.

Anyone signing a Proposal as an agent of another or others must submit with the Proposal, legal

evidence of the signer’s authority to do so.

11. COMPETENCY OF CONTRACTOR

The opening and reading of the Proposal shall not be construed as an acceptance of the

Contractor as a qualified, responsible Contractor. The City reserves the right to determine the

competence and responsibility of a Contractor from its knowledge of the Contractor’s

qualifications and from other sources.

(a) An itemized list of the Contractor’s equipment available for use on the Contract;

(b) Evidence that the Contractor is capable of commencing performance as required in

the Contract Documents;

(c) Evidence, in form and substance satisfactory to the City, that the Contractor has been in

existence as a going concern in refuse collection in excess of five (5) consecutive years

immediately preceding the date of the opening of proposals;

(d) Evidence, in form and substance satisfactory to the City, that Contractor possesses as a going

concern the managerial and financial capacities to perform all phases of the work called for in

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the Contract Documents;

(e) Evidence, in form and substance satisfactory to the City, of Contractor’s experience as a going

concern in the refuse collection from operations of comparable size to that contemplated by the

Contract Documents;

(f) A copy of the latest available financial statements of the Contractor (or its Parent Corporation

if Individual Subsidiary or Division Financial Statements are not prepared and generally

available) Certified by a Firm of Independent Certified Public Accountants;

(g) Statement that the Contractor is in good standing in the State of Texas, and in the case of a

Corporation organized under the Laws of any other State, evidence that the Contractor is

licensed to do business in the State of Texas, in the form of a Certificate from the Secretary of

State; and,

(h) Such additional information as will satisfy that the Contractor is adequately prepared to fulfill

the Contract. The Contractor may satisfy any or all of the experience and qualification

requirements of this paragraph by submitting the experience and qualifications of its Parent

Corporation and subsidiaries of the parent.

(i) Evidence, in form and substance satisfactory to the City, that the Contractor has access to an

operating landfill during the entire life of the contract.

(j) Provide a list of all municipal solid waste contracts held in Texas.

(k)Provide at least five phone and email contacts for officials in other cities where the Contractor

has been in operation for three or more years.

12. DISQUALIFICATION OF CONTRACTORS

Although not intended to be an exhaustive list of causes for disqualification, any one or more of

the following causes, among others, may be considered sufficient for the disqualification of a

Contractor and the rejection of the Proposal:

(a) Evidence of collusion among Contractors;

(b) Lack of competency as revealed by Financial Statement, experience or equipment statements as submitted or other factors;

(c) Lack of responsibility as shown by past work, judged from the standpoint of workmanship as

submitted;

(d) Default on a previous contract for failure to perform; and,

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Disqualification of Contractor will also be based upon the failure to complete any and all parts

of, or follow instructions in, the entire Proposal Packet. There are to be no alterations in this

Proposal Packet, and all Proposals received must be received with the Packet in complete context

as presented to each Contractor.

13. METHOD OF AWARD

The City reserves the right to accept any Proposal or to reject any or all Proposals, and to waive

defects or irregularities in any Proposal. In particular, any alteration, erasure or interlineations of

the Contract Documents and of the Proposal shall render the accompanying Proposal irregular

and subject to rejection by the City. The City intends that the Contract shall be awarded within

Sixty (60) calendar days following the date that Proposals are publicly opened.

Proposals will be evaluated based on quality of service and previous performance as well as price.

Once a Contractor is selected, the City shall enter into final negotiation of a contract. The City

reserves the right to cease negotiations at any time if it feels doing so is in its best interest. If

negotiations cease, the City may elect to enter negotiations with another Contractor or reject all

proposals and re-advertise for proposals. All decisions and awards shall be at the sole discretion

of the City Council and all decisions shall be final.

DEFINITIONS

For purposes of this agreement, the following terms shall be defined as follows:

Bags – Plastic or paper sack container designed to store refuse with sufficient wall strength to

maintain physical integrity when lifted by the top. Total weight of bag and its contents shall not

exceed 40 pounds.

Bin/dumpster – Metal collection receptacle designed to be lifted and emptied mechanically for

use only at commercial and industrial units.

Biosolids – Solid, semi-solid or liquid residue generated during the treatment of domestic sewage

in a treatment plant.

Brush and Limbs – All separated material other than leaves and grass resulting from the pruning,

trimming or removal of bushes or trees.

Bulky Waste – Furniture, appliances and other household items too large for a refuse container.

Commercial/Industrial Refuse – All bulky waste, construction debris, garbage, rubbish and other

waste generated by a producer at a commercial or industrial unit.

Commercial/Industrial Unit – All premises, locations or entities, public or private, requiring

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refuse collection within the corporate limits of the CITY and not a residential unit as defined

herein.

Construction Debris – Waste building materials resulting from construction, remodeling, repair or

demolition operations.

Contract Area – The geographical boundaries of the CITY limits within which the CONTRACTOR will provide services.

Contractor – The Individual, Corporation or Partnership with whom the CITY has executed the service contract.

Customers – Those occupants of designated residential units and/or commercial and industrial

units as defined herein, that are located within the CITY limits and the generated solid waste

and/or recyclable materials, as defined herein.

Disposal Facility – A refuse depository, including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separations centers, licensed, permitted or approved to receive municipal solid waste for processing or final disposal by Texas Commission on

Environmental Quality and other agencies having jurisdiction and requiring such licenses, permits

and approval.

Garbage – All normal and usual household and institutional waste products that are placed in

approved containers for collection purposes and are usually a mixture of putrescible, non-

putrescible, combustible, and incombustible materials, such as organic wastes from food

preparation and consumption, wrapping and packaging materials, metal, glass and plastic

containers and other items. This definition also applies to similar waste products from commercial

establishments such as restaurants, cafeterias, school and hospitals.

Hazardous Waste – Waste, in any amount, which is defined, characterized or designated as

hazardous by the United States Environmental Protection Agency or appropriate State agency by

or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or

State law.

Processing Facility – A facility capable of changing the nature of solid waste or separating solid

waste to facilitate its re-use in lieu of disposal.

Recyclables – Materials recovered from the solid waste stream for the purposes of re-use of

reclamation. Includes, but not limited to; newsprint, inserts, glass, food and beverage containers,

plastic containers, aluminum and other commodities economically impacting waste reduction.

Residential Refuse – All garbage and rubbish generated at a residential unit.

Residential Unit – A dwelling occupied by a person or group of persons, including but not limited

to apartments, condominiums, mobile homes and single-family dwellings, and receiving any

utilities from the CITY. Each dwelling within any such residential unit, which is individually

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billed by the CITY for water and/or sewer services, shall be treated as a residential unit. Other

multiple residential facilities not billed individually, such as apartment complexes, shall be

considered as a commercial unit for the purposes of this contract.

Roll-Off Container – Large collection container with open or closed top that can be rolled onto

the back of a truck - generally, in excess of 20 cubic yards capacity.

Rubbish – All nonputrescible solid waste including wood products, tree trimmings, grass

cuttings, dead plants, weeds, leaves, sawdust, printed matter, paper, rags, straw, used and

discarded clothing, used and discarded shoes and boots, and other products such as are used for

packing, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or

metallic substances, and any and all other waste materials not included in the definition of

Construction Debris, Garbage or Hazardous Waste.

Solid Waste – Useless, unwanted or discarded materials with insufficient liquid content to be free

flowing, that results from domestic, industrial, commercial, agricultural, governmental and

community operations, which require proper storage, collection, transportation and disposal to

prevent environmental pollution unfavorable to public health, safety and welfare.

Stable Matter – All manure and other waste matter normally accumulated in or about a stable, or

any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or

livestock.

Yard Waste – Bagged grass and leaves from yard maintenance.

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GENERAL SPECIFICATIONS

The City of Crockett is seeking proposals for the performance of services as described herein.

Contractors may elaborate on the method by which they propose to provide the services requested

and they may offer alternative solutions for the delivery of the services required by the citizens of

the City of Crockett.

1. Collection and Disposal of Unlimited Residential Garbage and Yard Waste:

The City currently provides for curbside collection of residential garbage and yard waste twice

per week. The City is requesting rates for both once and twice per week residential service. The

City will choose between once per week or twice per week service. Both will NOT be offered at

the same time. Contractor shall provide a 96 gallon container for once or twice per week service.

The City reserves the right to approve the color and type of containers to be provided. Residences

that consistently produce more residential waste than can be contained in one 96 gallon container

shall be required to pay for sufficient additional containers to hold the residential waste

produced. Yard waste will be picked up along with residential waste and may be bagged and not

placed in the 96 gallon container. The pickup and disposal of yard waste shall be unlimited

provided it comes from the residential or commercial unit being picked up. The City shall be

responsible for picking up and disposing of separated brush, limbs and trees. The number of

hand-picked residential stops is estimated at 2,574.The number of commercial and industrial

collection services under the contract is estimated to be 377 (see below). The quantities for

commercial and industrial collection services does not include temporary roll-offs or

compactors. The Contractor may wish to utilize his own or other estimates and to provide for

growth or shrinkage factors. The City makes no representation as to the reliability of its

estimates for residential or commercial units. Unit price computations for all units shall be based

upon such estimates.

Estimated Commercial Units Requiring Bin Service

Bin Size Frequency Per Week

Cubic Yard 1 2 3 4 5

1 8

2 12 26 0 0 5

4 16 16 3 0 3

6 12 16 3 0 10

TOTALS 40 58 6 0 26

Hand pick up units twice per week 247 or 95 Gal Polycart pickup in lieu of hand pick ups

Total Bins 130, Hand Pickup 247 or Polycart Collection. Total Commercial accounts 377

Bins and Polycarts to be furnished and maintained by Contractor

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2. Collection and Disposal of Commercial and Industrial Solid Waste:

The City currently provides daily collection for some small businesses with 1 yard containers

and is providing containerized commercial service with various size rear loader boxes. The

Contractor may select to change the method of collecting the commercial accounts and, if so, the

Contractor must describe specifically the method by which the proposed service is to be

provided. Industrial service to the City of Crockett is to be provided in a manner that serves the

needs of the business. Alternative methods must be made available so that the businesses and

industries will have a choice of service that reflects their needs as they grow.

3. Curbside Recycling Program:

The Contractor shall provide a 65 gallon or larger container for un-separated recyclable waste.

Collection of recyclables shall be one (1) time per week curbside collection. The Contractor shall

describe the types of recyclable waste that will be accepted. The Contractor must also agree to

collect additional recyclable items and other materials at no additional cost to the City as markets

develop. The City of Crockett MAY NOT include curbside recycling as part of this contract.

Should the City decide to include curbside recycling in this contract, it reserves the right to

approve the color and type of containers to be provided in the Crockett recyclable program.

4. Service Delivery:

On a separate sheet of paper, please describe where the sanitation containers and sanitation

collection trucks to be used in Crockett are stored and serviced, the method of container delivery,

the method of sanitation collection, the method of disposal, the location of the processing facility

and the procedure for processing waste collections. The City reserves the right to limit the tare

weight of collection vehicles used by the approved contractor. At no point will the tare weight of

a collection vehicle exceed 32,680 pounds.

5. Length of Contract:

The length of contract period is August 5, 2015 through August 4, 2020. The City reserves the

right to reopen any and all provisions of this contract due to changes in Federal and/or State

Law, or recycling changes initiated on behalf of the City. The City’s right to reopen any and all

provisions of the contract shall be undertaken upon six (6) month prior written notice to

contractor.

Fees and Taxes:

Any and all fees including, but not limited to, disposal fees and franchise fees shall be included in

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the rates quoted. The franchise fee is 10% of gross annual revenues. Sales taxes shall not be

included in the rates quoted. There shall be no additional fees not included in the rates quoted.

6. Future Rate Increases:

Service 2015 Subsequent Contract Years through August 4, 2020

The following prices are effective August 5, 2015.

Unless other prices are provided by the Contractor, effective August 5, 2015 and each August 5th through August 4, 2020, the rates and fees as detailed below shall be adjusted by the percentage of increase or decrease as determined by the annualized Consumer Price Index for the Tyler MSA, as published by the U.S. Bureau of Labor Statistics. The Transportation Index for the Urban Wage Earners. This CPI adjustment shall have a cap as set by the contractor below. Further, Contractor shall provide an explanation of any fuel surcharge including what triggers a fuel surcharge and how it is calculated. Contractor shall list any and all other charges not included in the rates quoted.

7. Insurance Requirements:

The Contractor shall not commence work under this contract until all insurance is obtained as required under this subsection and shall not commence work until such insurance has been approved by the City. The Contractor shall not allow any sub-Contractor to commence work on the subcontract until all similar insurance has been obtained by the sub-Contractor, and approved by the City.

A. Worker’s Compensation Insurance The Contractor shall obtain and maintain, during the life of this contract and before any work is commenced, Worker’s Compensation Insurance for all employees employed on the project. In the event any work is sublet, the Contractor shall require the sub-Contractor to provide Worker’s Compensation Insurance for all of the sub-Contractor’s employees unless such employees are covered by the protection afforded by the Contractor. In the event any class of employees is engaged in work under this contract at the project site, and is not protected under the Worker’s Compensation Statute, the Contractor shall provide Employer’s Liability Insurance for the protection of employees not protected by the Worker’s Compensation Statute

B. Public Liability and Property Damage Insurance The Contractor shall obtain and maintain, during the life of this contract, such public liability and property damage insurance as shall protect the Contractor, any sub-Contractor, and the City during the performance of work covered by this contract. Public liability and property damage insurance shall include, but is not limited to, claims for damages from personal injury, including accidental death, and claims for property damage, which may arise from operation under this contract. The coverage for insurance is the responsibility of the Contractor, whether such operations are undertaken by

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Contractor, or by any sub-Contractor, or by anyone directly or indirectly employed by any Contractor or sub-Contractor in such manner as to impose liability on the City.



If the persons or property of others sustain loss, damage or injury resulting directly or indirectly from the work of the Contractor, sub-Contractors, agents, workers, or assignees of the said contract, or in their performance, or failure to perform any provisions of the contract or of the law, the Contractor shall indemnify and hold the City harmless from any and all claims and judgments for damages, and from costs and expenses to which the City may be subject, or which it may suffer or incur by reason thereof.

In addition to, and not to the exclusion or prejudice of, any provisions of this contract or documents incorporated herein by reference, the Contractor shall indemnify the City for any loss and save harmless the City, its officers, agents and employees, and shall defend the same, from and against any and all liability, claims, loss, damages, interest, actions, suits, judgments, costs, expenses, attorneys’ fees, and the like to whomsoever owed and by whomsoever and whenever brought or obtained, which in any manner results from or arises in the course of, out of, or as a result of the negligent performance of the contract or the violation of any law, ordinance or regulation, the infringement of any patent, trademark, trade name or copyright.

C. Comprehensive General Liability and Property Damage Insurance

The Contractor shall not commence work on this contract until obtaining all insurances required under this paragraph and has filed certificates thereof with the City: Coverage shall protect the Contractor, sub-Contractor, agents, workers, employees, or assignees of Contractor during the performance of this contract work from claims for damages for personal injury, including accidental death, as well as claims for property damage, which may arise from operation under this contract, whether such operations be by Contractor, sub-Contractor, or by anyone directly or indirectly employed by either of them in such manner as to impose liability on the City. The amounts of such insurance shall be subject to the following limits: $5,000,000.00 Bodily Injury/Property Damage Per Occurrence Aggregate

D. Comprehensive Automobile Liability and Property Damage The provisions of the subparagraph shall include, but not be limited to the operations of owned, hired and non-owned motor vehicles for which this contract is applicable. $5,000,000.00 Bodily Injury/Property Damage Per Occurrence Aggregate. The Contractor shall file a certificate of insurance containing a ten (10) day notice of cancellation.

E. Proof of Carrying Insurance

The Contractor shall furnish the City with satisfactory proof of the required insurance

and that coverage has been obtained with a reliable company or companies, before commencing any work. Such proof shall consist of a certificate executed by the respective insurance company(s) and filed with the City. The Contractor shall also submit the original insurance policies for inspection and approval of the City before work is commenced. Said insurance shall not be

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cancelled, permitted to expire or be changed thereafter without notice often (10) days in advance to the City and with the approval by the City.



F. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

G. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.

H. The CITY, its officers, employees and volunteers are to be covered as additional Insured’s’ as respects liability arising out of activities performed by or on behalf of the Contractor including the insured’s general supervision of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.

I. The Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute to it.

8. PERMITS AND COMPLIANCE WITH LAWS.

The Contractor shall procure and pay for all permits, licenses, and bonds necessary for the prosecution of the work and/or required by Municipal, State, and Federal regulations and laws, unless specifically provided otherwise in the contract specifications. The Contractor shall give all notices, pay all fees, and comply with all Federal, State, and Municipal Laws, ordinances, rules and regulations and codes bearing on the conduct of the work. This contract as to all matters not particularly referred to and defined herein, shall, notwithstanding, be subject to the provisions of all pertinent ordinances of the municipality within whose limits the work is performed, which ordinances are hereby made a part of with the same force and effect as if specifically set out herein.

9. SUBCONTRACTS.

The Contractor shall notify the Administrator, in writing, of the names of all sub-contractors. The Contractor agrees to be fully responsible to the City for the acts or omissions of his sub-contractors, and of anyone employed directly or indirectly by sub-contractor. This contract obligation shall be in addition to the liability imposed by law upon the Contractor. Nothing contained in the contract documents shall create any contractual relationship between any sub-contractor and the City. The Contractor agrees to bind every Contractor (and every Contractor of a Contractor) by the terms of the contract work specifications contained herein, as far as applicable to their work, unless specifically noted to the contrary in a subcontract approved, in writing, by the City.

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10. ASSIGNMENT OF CONTRACT.

No Assignment by the Contractor of any principal contract or any part thereof or the funds to be received hereunder by the Contractor, will be recognized unless such assignment has had written approval of the City Administrator, and the Surety has been given due notice of such assignment and the City Administrator has furnished written consent thereto. Such written approval by the City Administrator shall not relieve the Contractor of the obligations incurred by the Contractor under the terms of this contract. In addition to the usual recitals in assignment contracts, the following language must be set forth:

“It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms or corporation rendering such services or supplying such materials.”

Assignment for the purposes of this contract shall also mean sale of the Contractor’s business to other than its current principal owners and/or stockholders.

11. SUPERINTENDENCE.

The Contractor shall give his personal superintendence to the work or have at the site of the work at all times, a competent foreman, superintendent, or other representative satisfactory to the Administrator and having authority to act for the Contractor. Insofar as it is practicable and excepting in the event of discharge by the Contractor or in the event of proven incompetence, the individual who has been appointed to represent the Contractor shall so act, and shall follow without delay, instructions of the Administrator in the performance of the work in conformity with the contract work specifications.

12. USE OF JOB SITE.

The Contractor shall confine his equipment, apparatus, the storage of materials and operations of his workers to limits indicated by law, ordinances, permits or direction by the property owner and shall not encumber the premises with his materials. The Contractor shall not load or permit any part of a structure to be loaded with a weight that will endanger its safety.

13. USE OF PRIVATE LAND.

The Contractor shall not use any vacant lot or private land within the City of Crockett, as a spoil site, without written authorization of the owner of the land (or owner’s agent) and

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approval by the City Administrator. A copy of the authorization shall be filed with the land owner for his approval.



14. LABOR.

The Contractor shall employ competent skilled workers and foremen in the conduct of work on this contract. The Administrator shall have the authority to order the removal, from operations affecting the City, of any Contractor’s employee who refuses or neglects to obey any of his instructions relating to the carrying out of the provisions and intent of the provisions of the contract, or who is incompetent, unfaithful, elusive, threatening, or disorderly in his/her conduct to City residents or personnel, and any such person shall not again be assigned to this project.

15. DAMAGE.

The Contractor will be responsible for any and all damage to property, public or private, that may be caused by his operations in the performance of this contract, and the Contractor shall defend any suit that may be brought against himself/herself or the City on account of damage inflicted by his/her operations and shall pay any judgment awarded to cover such damages. The Contractor will defend all claims, hold the City harmless from any liability, and indemnify the City for any loss arising out of, or occasioned by the Contractor’s performance of this contract.

A. Other complaints (e.g. property damage such as a mailbox/newspaper box or

vehicle in the driveway) shall be called in to the Contractor’s office and followed with a written complaint form from the City to Contractor. Contractor must advise disposition of complaint to the property owner and to the City within five working days and follow up as soon as possible to correct the problem. The penalty for failure to do so will be $50.00 per occurrence per day.

B. Failure of Contractor to repair property damage caused by his/her workers or equipment within thirty (30) days of issuance of complaint shall be resolved as follows: The City shall repair damage or cause damage to be repaired and bill Contractor for the cost of repair plus 50%.

C. Repeated justifiable complaints from the same party shall be subject to a penalty

equal to twice the value of the previous complaint penalty for said complainant.

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The above penalties shall be itemized by the Administrator on the Contractor’s monthly voucher and deducted there from. The Administrator shall make the initial determination as to the penalty.

16. PAYMENT TO CONTRACTOR.

The City shall pay the Contractor for the work specified in the sum indicated in the Schedule of Charges and Fees, with payments to be made monthly as invoiced by the Contractor. The Administrator shall have the authority to make necessary adjustments in said invoice pursuant to provisions detailed under General Specifications, items 15, 17(A) and (B) and 21.

17. DEDUCTION AND PENALTY FOR UNCORRECTED WORK.

A. If the City deems it expedient to accept work not done in accordance with the contract, an equitable adjustment will be made with proper deduction from the contract price for unsatisfactory work. Unsatisfactory work shall include but not be limited to:

(1) Failure of the Contractor to make the necessary collections. (2) Failure of the Contractor to respond to complaints to the satisfaction of the City. (3) Failure of the Contractor to follow-up on “missed” pick-ups. (4) Failure of the Contractor to make pick-ups on the scheduled day. (5) Failure of the Contractor to properly collect and recycle any items defined as recyclable under the provisions of this contract.

Claims for damage filed against the Contractor with the City shall be handled expeditiously by the Contractor. If Contractor fails to do so, the City maintains the right to withhold funds from the Contractor and pay claims if the City feels the claims are warranted and justified.

B. In the situation that the Administrator determines that the Contractor has failed in his/her duties to perform the provisions of said contract, and this failure does not warrant breach of contract, the Administrator is authorized to withhold the following charges per occurrence:

(1) 17 A.(1) $50.00 (2) 17 A.(2) $50.00 (3) 17 A.(3) $100.00

(4) 17 A.(4) Determined on a Percentage of missed pickups. (5) 17 A.(5) $400.00

(6) Other Items As determined by the Administrator.

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18. TERMINATION OF CONTRACT.

In the event that any of the provisions of this contract are violated by the Contractor or by any of the Contractor’s contractors, agents, workers, employees, or assignees, the City may serve written notice upon the Contractor and the surety of its intention to terminate such contract, such notice to contain the reasons for such intention to terminate the contract, and unless within seven (7) days after the serving of such notice upon the Contractor such violation shall cease or satisfactory arrangements for correction be made, the contract shall upon the expiration of said seven (7) days, cease and terminate. In the event of any such termination, the City shall immediately serve notice thereof upon the surety and the Contractor and the surety shall have the right to take over and perform the contract, provided, however, that if the surety does not commence performance thereof within seven (7) days from the date of the mailing to such surety of notice of termination, the City may take over.

The City Council of the City of Crockett may terminate this contract at any time upon the proper

showing that the services of the Contractor are not satisfactory, or upon failure of the Contractor

to adhere to this contract.

19. NON-PERFORMANCE.

Non-performance of this contract by the Contractor is excused so far as caused by holidays, strikes, fires, extreme weather, catastrophic equipment failure, or vehicular accidents. If any of the above conditions occur, the Contractor shall immediately notify the City in writing of such conditions. The failure to do so shall constitute failure on the part of the Contractor in the performance of this contract. The Contractor shall not receive payment for the period in which validly excused from performance.

20. POWER OF CITY.

The Contractor and the City hereby specifically agree and declare that the contract for this work is made expressly subject to the powers of City, as provided in the Texas Statutes. In addition, should any disagreements arise as to the true meaning of this contract, the decision of the City Council shall be final, conclusive and binding to all parties to the contract.

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21.CITY’S RIGHT TO DO WORK.

Contractor shall have sufficient equipment and manpower available to continue regular pick-

ups in case of breakdown of equipment, resignation of workers, or inclement weather. If the

Contractor neglects to perform the work in accordance with the provisions of this contract,

the City, after three days written notice from the City Administrator to the Contractor and

his Surety, may without prejudice to any other remedy he may have, make good such

deficiencies and may deduct the cost thereof from the payment due the Contractor.

22. VERBAL INFORMATION INVALID.

Any verbal information obtained from or statement made by representatives of the City of Crockett at the time of the examination of the contract documents which apparently corrects or in any way amends the contract documents, shall be invalid. The City of Crockett will not be responsible for such verbal information or statements. Only written corrections and/or amendments to the contract shall become part of the contract.

23. FEDERAL AND STATE CHARGES.

The Contractor or City may seek an increase or decrease in the rates hereunder to adjust for increases or decreases in costs that become effective on or after August 5, 2015, due specifically to changes in local, state or federal regulations applicable to Contractor’s operations or the services provided hereunder (other than income or real property taxes). The request for rate adjustments shall be supported by documentation provided by the requesting party. The requesting party shall provide the other party with no less than 90 days’ notice so the parties can negotiate and plan for the increase or decrease in costs accordingly.

24. HIRING DISPLACED WORKERS

The Contractor shall be required to hire displaced Solid Waste Department employees

that meet basic qualifications not just be “considered” for a position. This hiring

requirement shall be for the first year of service for any new hiring required for the City

contract. The Contractor cannot pre-hire additional staff to avoid this requirement. The

City will review Contractor’s hiring plans to meet the intent of this section.

25. STARTING DATE

Contractor is expected to start collection on August 5, 2015.

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FOR PROPOSALS WITH QUALIFICATIONS FOR THE


SCHEDULE OF CHARGES AND FEES

OPTION “A” 96 GALLON CARTS




CPI Cap for years 2015 through August 4, 2020: __________________(____%) percent.

IF CONTRACTOR IS NOT USING THE CPI ABOVE FOR 2015 THROUGH AUGUST 4, 2020, THEN PROVIDE ADDITIONAL SHEETS WITH CHARGES AND FEES FOR EACH YEAR.

FAMILY RESIDENTIAL UNITS

Monthly Roadside Refuse Collection/Transport $ __________/unit (Once weekly – 52 collections)

Monthly Roadside Refuse Collection/Transport $ __________/unit (Twice weekly – 104 collections)

Monthly Roadside Recycling Collection/Transport $ __________/unit (bi-weekly – 26 collections)

Monthly Roadside Recycling Collection/Transport $ __________/unit (weekly – 52 collections)

SPECIAL EVENTS AND SERVICES.

Refuse Containers (30 yd min., placed, removed) $ ______/unit

Disposal of Above refuse

$ ______/ton

TIRE RECYCLING/PROCESS Twice per year up to four tires per stop $ _______/per tire

SPECIAL CALLED IN PICK UP Per called in pick up (800lbs. limit or 8 carts $ _______/call or 4 cyds.)

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FOR THE

COLLECTION AND DISPOSAL OF



OPTION “B” TRASH BAGS / CLEAR OR BLUE RECYCLE BAGS








Monthly Roadside Recycling Collection/Transport $ __________/unit (bi-weekly – 26 collections)

Monthly Roadside Recycling Collection/Transport $ __________/unit (weekly – 52 collections)




$ ______/ton



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OPTION “C” MIXED REFUSE & RECYCLABLE MATERIALS

96 GALLON CARTS












$ ______/ton



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OPTION “D” MIXED REFUSE & RECYCLABLE MATERIALS

TRASH BAGS



Unless other prices are provided by the Contractor, effective August 5, 2015 and each August through August 4, 2020, the rates and fees as detailed below shall be adjusted by the percentage of increase or decrease as determined by the annualized Consumer Price Index for the Tyler MSA, as published by the U.S. Bureau of Labor Statistics. The Transportation Index for the Urban Wage Earners. This CPI adjustment shall have a cap as set by the contractor below. Further, Contractor shall provide an explanation of any fuel surcharge including what triggers a fuel surcharge and how it is calculated. Contractor shall list any and all other charges not included in the rates quoted.









$ ______/ton



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PERFORMANCE BOND

INSTRUCTIONS FOR EXECUTION OF PERFORMANCE BOND

The form of bonds attached hereto shall be used for this contract. This form contemplates one corporate surety only. In case co-sureties will be furnished, proper forms therefore shall be obtained.

If the principal is an individual, his/her full name and residence shall be inserted in the body thereof, and he/she shall sign the bond with his/her usual signature on the line opposite the scroll seal.

If the principals are partners, their individual names shall appear in the body of the bond, with the recital that they are partners composing a firm, naming it.

If the principal is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal as indicated in the form. If the corporation has no corporate seal, the fact shall be stated in which case a scroll of adhesive seal shall appear following the corporate name. This also applies to execution by the surety.

The date of the bond must not be prior to the date of the contract for which it is given. A Power of Attorney authorizing the execution of the Bond by an attorney-in-fact, or Agent, shall be attached to the executed counterpart of the bond. If the bond is executed by an out-of-state agent, the executed counterpart of the bond shall be counter-signed by a licensed resident agent.

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FORM OF BOND

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, THAT _________________________________ as Principal, and ____________________________________________________________ as Surety, are held and firmly bound unto the City of Crockett, 200 N. 5th Street, Crockett, Texas 75835 in the full and just sum of four hundred thousand dollars ($400,000.00) lawful money of the UNITED STATES OF AMERICA for the payment of which sum of money well and truly to be made, we bind ourselves, heirs, executors, administrators, successors and assigns jointly and severalty, firmly by these presents:

WHEREAS: The Principal has submitted to the City of Crockett the attached signed Contract being for rubbish collection and disposal in the City of Crockett from August 5, 2015 through August 4, 2020 complete, as described in the foregoing CONTRACT and ARTICLES OF AGREEMENT.

NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH, That inasmuch as the said attached Contract has been executed on behalf of the _________________________________________________________________________ the above named bounden Principal shall in all respects well and truly keep and perform the said Contract, and shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures of equipment furnished for the purpose of constructing the work provided in said document, and shall defend, indemnify, and save harmless said City of Crockett against any and all liens, encumbrances, damages, claims, expenses, costs and charges of every kind except as otherwise provided in said specifications and other contract documents arising out of or in relation to the performance of said work and the provisions of said contract, and shall remove and replace any defects in workmanship or materials which may be apparent or may develop.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed hereunder or the specifications accompanying the same shall in any way 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 the specifications.

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of _____ , 2015.

In the presence of: (as to Principal) Attest: ____________ __________________________ Name of Principal (SEAL)

By: ___________________________ ____________________________

Title

In the presence of: (as to Surety) Attest: ______________________________ Name of Surety (SEAL) ___________________ __

Attorney-in-Fact

The above and foregoing is hereby approved as to form and sufficiency of

surety, this ____ day of _____ , 2015.

By: ______________________

Mayor

FORM OF AGREEMENT

THIS AGREEMENT MADE this ______ day of ____________, 2015, by and between _______________________________, hereinafter called the “Contractor” and the City of Crockett, Texas, hereinafter called the “City”;

WITNESSETH, that the Contractor and the City, for the consideration stated herein agree as follows:

COMPONENT PARTS OF THIS CONTRACT

This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or, if not attached:

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a. Addendum Nos. – None b. Contract Work Specifications c. General Contract Provisions d. This instrument e. Contractor’s accepted proposal of ____________, 2015.

In the event that any provision in any of the above component parts of this contract conflicts with any provisions in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically, except as may be otherwise specifically stated.

Nothing in this contract shall be construed as creating an employment relationship between contractor, or any of its agents or employees, and the City of Crockett. This agreement constitutes an independent contractor’s agreement.

In the event any work performed by contractor shall be governed by Texas’s prevailing wage rate

laws, contractor agrees that all employees of contractor involved in the performance of work

under this agreement shall be paid at the then applicable prevailing wage rate. It shall be the

obligation of contractor to determine such applicability and rate as to work under this agreement.

Contractor and City shall each be responsible for such claims and causes of action as may arise

from negligent acts alleged as to their agents and employees, and each shall indemnify the other

against any such claims or causes of action.

This contract is intended to confirm in all parts of applicable statutes of the State of Texas, and if any part of provisions of the contract conflicts therewith, the said statute shall govern.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in three original counterparts the day and year first written above.

CITY OF CROCKETT ________________________________ (CONTRACTOR)

_______________________________ _____________________________

Robert Meadows, City Mayor (Name)

_______________________________ _____________________________

Sean Hutchison, City Administrator (Title)

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