HomeMy WebLinkAboutResolution No. 04-59
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RESOLUTION NO. o4-5::{
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A
SLUDGE HAULING ANNUAL CONTRACT BY AND BETWEEN THE
CITY OF THE COLONY AND L.H. CHANEY MATERIALS, INC. FOR
SLUDGE HAULING, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; WITHDRAWING THE
PREVIOUSLY AWARDED CONTRACT WITH WASTE
MANAGEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NEW CONTRACT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on June 21, 2004 the City awarded a sludge hauling contract to Waste
~anagement; and
WHEREAS, it has become apparent that W aste ~anagement cannot fulfill the terms of
the contract as specified in the bid; and
WHEREAS, the City wishes to withdraw the previously offered award of bid and extend
the offer of a contract for sludge hauling to L.H. Chaney ~aterials, Inc. (Contractor); and
WHEREAS, the City and Contractor have entered into an agreement such that the
Contractor is to provide the following services: SLUDGE HAULING FRO~ THE
W ASTEW A TER TREA T~ENT PLANT TO A LANDFILL; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Contract with L.H. Chaney ~aterials, Inc., which is attached hereto and incorporated herein
by reference as Exhibit "A," under the terms and conditions provided therein.
WHEREAS, with this contract the City of The Colony is agreeing to pay a sum not to
exceed $ 64,150.00 for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THAT:
Section 1. The sludge hauling contract, which is attached and incorporated hereto as
Exhibit "A", having been reviewed by the City Council ofthe City of The Colony, Texas, and found
to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all
things approved, and the City ~anager is hereby authorized to execute the Agreement on behalf of
the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
63918
PASSED, APPROVED and EFFECTIVE this 2nd day ~~
~f)hn Dillard, ~ayor
: ity of The Colony, Texas
. j-""U~ (U~
. stie Wilson, City Secretary
[CITY SEAL]
(R0;cS TO Fr
l~ ')J _ \ .
~0(LRoJert E. Hager, City At'XJrney
63918
SLUDGE CONTRACT
CITY OF THE COLONY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THIS CONTRACT is made and entered into this date by and between the CITY OF THE
COLONY, a Texas municipal corporation (hereinafter referred to as the "CITY"), and
$
CHANEY ENVIROMENTAL (hereinafter referred to as "CONTRACTOR") and evidences
the following:
I.
PURPOSE
CONTRACTOR shall provide Hauling and Disposal of Sludge from The Stewart Creek
Wastewater Treatment Plant.
II.
DESCRIPTION OF SERVICES
The services which CONTRACTOR shall provide for the CITY shall include the following:
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A. The CONTRACTOR hereby covenants and agrees that the CONTRACTOR is to
work closely with the CITY's Wastewater Plant Supervisor, and/or other appropriate
officials of the CITY, and that the CONTRACTOR is to perform any and all tasks
required of the CONTRACTOR to fulfill the purposes of this Contract.
B. The CONSULTANT and the CITY covenant and agree that the CONTRACTOR
shall perform all of the services and work contained in the CONTRACTOR'S
proposal to the CITY (attached hereto as "Exhibit A"); said document being part of
this Contract and incorporated in its entirety herein. The parties agree that should
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there be any conflict between the terms of the incorporated document and this
Contract, the provisions ofthis Contract shall control.
C. The CONTRACTOR expressly covenants and agrees to provide the CITY with such
written reports as may be required by the scope of the proposal.
III.
PERFORMANCE OF WORK
The CONTRACTOR and employees shall perform all the work called for in this Contract. The
CONTRACTOR hereby covenants and agrees that all of the CONTRACTORS employees
who work on this project shall be fully qualified to undertake same and competent to do the work
described in this Contract. The CONTRACTOR is qualified to perform the work under this
contract and shall maintain all federal and state licenses, certifications or legal requirements to
perform this work.
IV.
PAYMENT
The CITY shall pay to the CONTRACTOR a sum of Sixteen Dollars and Twenty Cents
. ($16.20) per cubic yard of sludge hauled. The CONTRACTOR shall bill CITY on a monthly
basis for services rendered. City shall make prompt monthly payments in the amount shown by
the CONTRACTOR'S approved monthly statements and other documentation submitted. No
interest shall ever be due on late payments.
V.
TERM OF THE CONTRACT
This Contract shall commence and be in full force and effect upon the signing of the Contract
and observance of the appropriate formalities. This Contract shall terminate by August 30, 2005,
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at which time the CITY has the option to renew the bid as stated in BID NUMBER 60-04-07-
SLUDGE (Exhibit A).
VI.
CONTRACT PERSONAL
The CONTRACTOR and the CITY hereby covenant and agree that this Contract provides for
sludge hauling and disposal services and that these services are not to be assigned or sublet in
whole or part without their prior written consent ofthe CITY.
VII.
CONFLICT OF INTEREST
The CONTRACTOR hereby covenants and agrees that during the Contract period that the
CONTRACTOR and any of the CONTRACTOR'S employees will have no interest nor
acquire any interest, either direct or indirect, which will conflict in any manner with the
performance of the services called for under this Contract. All activities, investigations and other
efforts made by the CONTRACTOR pursuant to this Contract will be conducted by employees
or associates of CONTRACTOR. The CONTRACTOR further covenants and agrees that it
understands that the Code of Ordinances of the City of The Colony prohibits any officer or
employee of the CITY from having any financial interest, either direct or indirect, in any
business transaction with the CITY. Any violation of this paragraph which occurred with the
actual or constructive knowledge of CONTRACTOR will render this Contract void by the
CITY.
VID.
CHANGE IN WORK
The CITY, through its Utilities Director, may request changes in the scope and focus of the
activities and studies called for under this Contract. Any such change which, in the opinion of
the CONTRACTOR or the CITY varies significantly from the scope and focus of the work set
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out herein or entails a significant increase in cost or expense to the CONTRACTOR must be
mutually agreed upon by the CONTRACTOR and the CITY. The parties herein acknowledge
that any change in the scope or focus of the work which results in the increase in compensation
to the CONTRACTOR of the fee stated in Paragraph IV hereof must first be approved by the
CITY's City ~anager or City Council, where applicable.
IX.
INDEPENDENT CONTRACTOR
By the execution of this Contract, the CITY and the CONTRACTOR do not change the
independent contractor status of the CONTRACTOR. No term or provision of this Contract or
any act of the CONTRACTOR in the performance of this Contract may be construed as making
the CONTRACTOR the agent or representative ofthe CITY.
x.
INSURANCE
The CONTRACTOR shall prior to the commencement of work under this Contract, obtain and
shall continue to maintain at no cost to the CITY, in. full force and effect during the term of this
Contract, a comprehensive liability insurance policy which shall include bodily, death,
automobile liability and property damage coverage as stated in Exhibit A insurance
requirements. The CITY shall be named as and additional insured under such general liability
policy and provisions shall be given at least thirty (30) days prior notice of any material change
in coverage, non-renewal, or of cancellation of such policy, evidenced by return receipt of
United States Certified Mail. The CONTRACTOR shall furnish the CITY with original copies
of said policies or certificates evidencing such coverage prior to commencement of any work
under this Contract.
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XI.
HOLD HARMLESS
The CONTRACTOR shall defend, indemnify, and provide contribution to and hold
harmless the CITY whole and harmless against any and all claims for damages, costs, and
expenses to persons or property to the extent they arise out of, or are occasioned by the
Consultant's negligence, gross negligence or intentional tortuous acts, errors or omissions
in the performance of this Contract, or any act of Consultant's negligence, gross negligence
or intentional tortuous acts of commission or omission in the execution or peñormance of
this Contract of any representative, agent, customer, employee, subcontractor or invitee of
The CONTRACTOR.
XII.
NO VERBAL AGREEMENT
This Contract contains the entire commitments and agreements of the parties to the Contract.
Any verbal or written commitment not contained in this Contract or expressly referred to in this
Contract and incorporated by reference shall have no force or effect.
XIII.
TERMINATION
The CITY may, at its option and without prejudice to any other remedy to which it may be
entitled at law or in equity, terminate further work under this Contract, as stated in number
Twenty-Eight (28) of Exhibit A - Instructions to Bidders. In addition the CITY may without
cause on giving 30 days written notice terminate the contract.
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XlV.
VENUE
The parties to this Contract agree and covenant that this Contract will be performable in The
Colony, Texas, and that if legal action is necessary to enforce this Contact, exclusive venue will
lie in Denton County, Texas.
XV.
APPLICABLE LAWS
This Contract is made subject to the existing provisions ofthe Charter of the City of The Colony,
its rules, regulations, procedures and ordinances, present and future, and all applicable laws of
the State of Texas and the United States of America.
XVI.
CONTRACT INTERPRETATION
The parties to this Contract covenant and agree that in any litigation relating to this Contract, the
terms and conditions of the Contract will be interpreted according to the laws of the State of
Texas.
XVII.
NOTICES
All notices, communications and reports under this Contract must be mailed or delivered to the
respective parties at the addresses shown below, unless either party is otherwise notified in
writing by the other party:
CITY: Gordon Scruggs, PE
Director of Engineering & Utilities
City of The Colony
6800 Main Street
The Colony, Texas 75056
972/624-3137, Fax 972/624-2317
CONTRACTOR: LH Chaney Materials, Inc.
Jim Lassiter Manager
P.O. Box 1665
6
Roanoke, Texas 76262
817/638-2403, Fax 817/636-2703
XIII.
SEVERABILITY
In the event that anyone or more of the provisions contained in this Contract shall for any reason
be held to be invalid, illegal, or enforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Contact shall be considered
as if such invalid, illegal, or enforceable provision had never been contained in this Contract.
XIX.
RIGHT OF REVIEW
The CONTRACTOR covenants and agrees that the CITY, upon reasonable notice to the
CONTRACTOR, may review any of the work performed by the CONTRACTOR under this
Contract.
xx.
SUCCESSORS AND ASSIGNS
This Contact shall be binding upon and inure to the benefit of the parties hereto and their
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successors, and, expect as otherwise provided herein, their assigns.
XXI.
CAPTIONS
The captions to the various clauses of this Contract are for informational purposes only and in no
way alter the substance of the terms and conditions of this Contract.
XXII.
WAIVER OF ATTORNEYS FEES
The CONTRACTOR and CITY expressly covenant and agree that in the event of any litigation
arising between the parties to this contract, each party shall be solely responsible for payment of
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its attorneys and that in no event either party be responsible for the other party's attorney's fees
regardless of the outcome of the litigation.
EXECUTED this the ~1 day of ~. ,2004.
CITY OF THE COLONY, TEXAS: CONTRACTOR:
)0~ ci~;J 6u1l
City Manager
ATTEST: ATTEST:
f} \ LJ~õV'- ~~
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City Secretary C . orate cretary
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;~' '\ OLONY
T E X A
BY THE LAKE
BID NUMBER 62-04-07-SLUDGE DATE: May 10, 2004
Fonnal bids will be received through the RFP Depot, LLC web site located at http://www.rfpdepot.com until 3:00
P.M" local time, Tuesday, June 1,2004 and then publicly read aloud for the products/services listed below. Ifhand-
delivered, bids are to be turned in to the receptionist at City Hall at 6800 Main Street, The Colony, Texas 75056-
1133. The City has the option to renew the bid for four-(4) additional one (1) year periods. Any price increase at the
time of renewal will be structured not to exceed the Consumer Price Index (CPI) for that month as detennined by the
Institute of Supply Management (ISM).
ANNUAL CONTRACT SLUDGE HAULING
BID NUMBER 60-04-07-SLUDGE
Results will be read at 4:00 p.m., Tuesday, June 1, 2004.
Specifications, bid proposal forms and instructions to bidders may be downloaded from the RFP Depot, LLC web
site noted above or from the office of the Purchasing Agent at the City Hall at the address listed above. The City is
not responsible for any vendor's costs associated with the preparation of the bid. Should a vendor bid an alternate,
any test costs to prove equality of product will be at the expense of the vendor, not the City of The Colony. Anv use
of brand names should be considered descriptive rather than restrictive.
All prices quoted shall be F.O.B. destination, The Colony, Texas 75056.
Any bids received after the time listed above, ree:ardless of the mode of deliverv. shall be returned unopened. All
bidders are invited to the bid opening, but are not required to attend.
Any questions regarding the should be directed to Aaron Sessums at (972) 624-2253.
The City of The Colony reserves the right to reject any or all bids, in whole or in part, to waive any infonnality in
any bid, and to accept the bid which, in its discretion, is in the best interest of the City of The Colony.
Sincerely,
Robert S. Sparkman
Purchasing Agent
City of The Colony
PUBLICATION DATES: May 12 & May 19,2004 - THE COLONY COURIER-LEADER
6800 Main Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkrnan@thecolonytx.gov
INSTRUCTIONS TO BIDDERS
1. INSTRUCTIONS: These instructions apply to all bids/quotations and become a part of the terms and
conditions of any bid or quotation submitted.
2. MAKE-MODEL: Items must be the best and latest model available of the type specified. Please quote as
listed or equal. If item offered is other than as specified, bidder must indicate make, model and part
number of the product quoted. Complete catalog or brochure showing in detail the item offered must
accompany the bid, if available.
3. SPLIT -AWARD: The City of The Colony reserves the right to award a separate contract to separate
vendors for each item/group or to award one contract for an entire bid.
4. PER HB 2787, the City Council has the right to award to the local bidder if it is within three (3%) percent
of the low non-local bidder if they decide, in writing, that the local bidder offers the best combination of
contract price and additional economic development opportunities for the local government. This pertains
only to the purchase of real property or personal property not affixed to real property.
5. PRICING: Price(s) quoted must be held firm for ninety (90) days to allow for evaluation unless otherwise
noted in the bid document.
6. F.O.B./DAMAGE: Quotations shall be bid F.O.B. Inside Delivery, Designated Facility, The Colony,
Texas, and shall include all delivery and packaging costs. The City of The Colony assumes no liability for
goods delivered in damaged or unacceptable condition. The successful bidder shall handle all claims with
carriers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the
City of damage.
7. INVOICES: Invoices must be submitted by the successful bidder, in duplicate, to the attention of Ms.
Becky Betancourt, 6800 Main Street, The Colony, Texas 75056-1133.
8. TERMS: The terms and conditions of the bid will be considered when evaluating for award. The City
wiIl compute and consider prompt payment discounts, if any, offered by a bidder in determining the low
bid.
9. TAXES: The City of The Colony is exempt fi:om Federal Manufacturer's Excise, and State Sales taxes.
TAX MUST NOT BE INCLUDED IN THE BID. Tax exemption certificates will be executed by the City
and furnished upon request.
10. SPECIFICATIONS-SAMPLES: Any catalog, brand name, or manufacturer's reference in the Request
for Bid/Quotation is descriptive and NOT restrictive, and is used to indicate type and quality level desired
for comparison unless otherwise noted. Bids on brands oflike nature and quality will be considered unless
specifically excluded. Ifbidding on other than reference, bid must certify article offered is equivalent to
specifications. Samples, if required, shall be furnished fi:ee of expense to the City. SAMPLES SHOULD
NOT BE FURNISHED UNLESS REQUESTED.
11. DELIVERY PROMISE - PENAL TIES: Bids/Quotations MUST show the number of calendar days
required to place the materials in the possession of the City. DO NOT quote shipping dates. Consistent
failure of a bidder to meet his delivery promises without valid reason may be cause for removal from the
bidder's list. When delivery delays can be foreseen, the bidder shall give prior notice to the Purchasing
Office which shall have the right to extend the delivery due date if reasons for the delay appear acceptable.
Default in promised delivery, without acceptable reasons, or failure to meet specifications, authorizes the
Purchasing Office to purchase the goods elsewhere, and charge any increase in cost and handling to the
defaulting bidder.
12. PACKAGING: Unless otherwise indicated, items will be new, unused, and in first class condition in
containers suitable for damage-free delivery and storage.
13. DELIVERY TIMES: Deliveries will be acceptable only during normal working hours at the designated
City facility.
14. PATENT RIGHTS: The Vendor agrees to indemnify and hold the City hannless from any and all claims
involving patent right infi:ingement or copyrights on goods supplied.
15. EVALUATION: Response to the specifications in the bid is of primary importance in determining the
lowest responsible bid.
16. FUNDING: The City of The Colony is a home-rule municipal government operated and funded on an
October 1 to September 30 fiscal year. Accordingly, the City reserves the right to terminate, without
liability to the City any contract for which funding is no longer available.
6800 Main Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkrnan@thecolonytx.gov
17. ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract in whole or
in part, without the prior written consent of the City.
18. AUDIT: The City of The Colony reserves the right to audit the records and performance of the successful
bidder during the tenn of the contract and for three (3) years after the contract is completed.
19. PROTESTS: All protests regarding the bid solicitation process must be submitted in writing to the City
Purchasing Agent within five (5) working days following the opening of the bids. This includes all protests
relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the
Local Government Code, as well as any protest relocating to alleged improprieties with the bidding
process. This limitation dues not include protests relating to staff recommendations as to award of this bid.
Protests relating to staff recommendations may be directed to the City Council by contacting the City
Secretary. All staff recommendations may be made available for public review prior to consideration by
the City Council Failure to protest within the allotted time shall constitute a waiver of any protest.
20. NO BID: Ifbidder does not wish to bid at this time but wishes to remain on the bidder's list for this
product/service, please submit a "NO BID" by the time and at the same location as stated for the bid
opening. If response is not received in the fonn of a "BID" or a "NO BID" for three (3) consecutive
requests for bids/quotes, the bidder shall be removed fÌom the bidder's list. If, however, you choose to
"NO BID" this product and/or service and wish to remain on the bidder's list for other commodities and/or
services, please state what particular products and/or services under which you wish to be classified. The
City of The Colony is very conscious and extremely appreciative of the time and effort you have expended
to submit the bid. We should appreciate you indicating on your "NO BID" response any requirements of
this bid request which may have influenced your decision.
21. WITHDRAWAL OF BIDS: A bid may not be withdrawn or canceled by the bidder for a period of ninety
(90) days following the date designated for the receipt of the bids, and bidder so agrees upon submittal of
their bid.
22. PRESENTATION OF BIDS: All bids shall be received through RFP Depot, LLC. No oral, telegraphic,
telephonic or facsimile bids will be considered.
23. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the
tenns, conditions or specifications stated in the resulting contract. All change orders to the contract will be
made in writing by the City of The Colony.
24. ADDENDA: Any interpretations, corrections or changes to this Invitation for Bid/Proposal/Quote and
specifications will be made by ADDENDA Sole authority to issue addenda shall be vested in the City of
The Colony.
25. MINIMUM STANDARDS FOR RESPONSIBLE BIDDERS: The bid award shall follow the criteria of
Best Value as stated in Section 252.043 of the Texas Local Government Code. A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following
requirements:
a. The purchase price;
b. The reputation of the bidder and of the bidder's goods or services;
c. The quality of the bidder's goods or services;
d. The extent to which the goods or services meet the City's needs;
e. The bidder's past relationship with the municipality;
f. The impact on the ability of the municipality to comply with laws and rules relating; to
contracting with historically underutilized businesses and non-profit organizations employing
persons with disabilities;
g. The totallong-tenn cost to the municipality to acquire the bidder's goods or services; and
h. Any relevant criteria specifically listed in the request for bids or proposals.
26. BIDDER SHALL PROVIDE with this bid response, all documentation required. Failure to provide this
information may result in rejection of the bid.
27. SUCCESSFUL BIDDER SHALL defend, indemnify and save hannless the City of The Colony and all its
officers, agents and employees who are participating in this contract fÌom all suits, actions, or other claims
of any character, name and description brought for or on account of any injuries or damages received or
sustained by any person, persons, or property on account of any negligent act or fault of the successful
bidder, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any
contract which may result from the contract award. Successful bidder shall pay any judgment cost which
6800 Main Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkrnan@thecolonytx.gov
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may be obtained against the City of The Colony and participating entities growing out of such injury or
damages.
28. TERMINATION FOR DEFAULT: The City of The Colony reserves the right to enforce the
perfonnance of this contract in any manner prescribed by law or deemed to be in the best interest of the
City in the event of breach or default of this contract. The City reserves the right to terminate the contract
immediately in the event the successful bidder fails to (1) meet delivery schedules, or (2) otherwise fails to
perform in accordance with these specifications. Breach of contract or default authorizes the City to award
to another bidder, purchase elsewhere and charge the full increase in cost and handling to the defaulting
successful bidder.
29. TESTING: Testing may be performed at the request ofthe City without expense to the City.
30. REMEDIES: The successful bidder and the City of The Colony agree that each party have all rights,
duties, and remedies available as stated in the Uniform Commercial Code.
31. VENUE: This agreement will be governed and construed according to the laws of the State of Texas.
32. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detail or to the
omission from it of a detailed description concerning any point, shall be regarded as meaning that only the
best commercial products and practices are to prevail. All interpretations of the specifications in this bid
shall be made on the basis of this statement.
33. QUANTITIES shown are approximate and may vary according to the requirements of the City of The
Colony throughout the contract period.
34. SEVERAL Governmental Entities around the City of The Colony have indicated an interest in being
included in this contract. Should these Governmental Entities decide to participate in this contract, would
you, the vendor, agree that all tenns, conditions, specifications and pricing would apply?
Yes NO
35. VENDOR hereby assigns to purchaser any and all claims for overcharges associated with this contract
which arise under the antitrust laws of the United States 15 USCA Section et.seq. and which arise under the
antitrust laws of the State of Texas, Tex. Bus. Un. Com. Code, Section 15.01 et. seq.
36. The City of The Colony uses RFP Depot to distribute and receive bids and proposals. Responding
Vendors agree to pay bo RFP Depot a fee of one (1 %) percent of the total amount of all contracts for goods
and/or services awarded to the Vendor. To assure that all Vendors are treated equally, the fee will be
payable whether the bid/proposal is submitted electronically, or by paper means. Refer to
http://www.rfpdepot.com for further infonnation.
6800 ~ain Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkrnan@thecolonytx.gov
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NON-COLLUSION STATEMENT
The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm,
partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as
to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent
to any other person engaged in this type of business prior to the official opening of this bid.
Vendor: L.H. Chaney Materials, Inc.
Address (include City, State, and Zip):
P.O. Box 1665
Roanoke, Texas 76262
Phone: 817-~8-2403
Fax: 817-636-2056
Bidder (Name): Jim Lasater
Signature:
Position With Co.: Manager
Co. Official (Name): L.B. Chaney
Official Position: President
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STATE RECIPROCAL REQUIREMENT
THE CITY OF THE COLONY, AS A GOVERNMENTAL AGENCY OF THE STATE OF TEXAS, MAY NOT AWARD A CONTRACT
FOR GENERAL CONSTRUCTION, SUPPLIES, MATERIALS, OR EQUIPMENT TO A NON-RESIDENT BIDDER UNLESS THE
NON-RESIDENT'S BID IS LOWER THAN THE LOWEST BID SUBMITTED BY A RESPONSIBLE TEXAS RESIDENT BIDDER BY
THE SAME AMOUNT THAT A TEXAS RESIDENT BIDDER WOULD BE REQUIRED TO UNDERBID A NON-RESIDENT BIDDER
TO OBTAIN A COMPARABLE CONTRACT IN THE STATE IN WHICH THE NON-RESIDENT'S PRINCIPAL PLACE OF
BUSINESS IS LOCATED (ARTICLE 601G V.T.C.S.). BIDDER SHALL ANSWER ALL THE FOLLOWING QUESTIONS BY
ENCIRCLING THE APPROPRIATE RESPONSE OR COMPLETING THE BLANK PROVIDED.
1. IS YOUR PRINCIPAL PLACE OF BUSINESS IN THE STATE OF TEXAS?
(ê Yes r No
IF THE ANSWER TO QUESTION 11S "YES" NO FURTHER INFORMATION IN NECESSARY; IF "NO", PLEASE INDICATE:
WHICH STATE YOUR PRINCIPAL PLACE OF BUSINESS IS LOCATED?
2. DOES THAT STATE FAVOR RESIDENT BIDDERS (BIDDERS IN YOUR STATE) BY SOME DOLLAR INCREMENT OR
PERCENTAGE?
Î Yes (ê No
IF ''YES", WHAT IS THAT DOLLAR INCREMENT OR PERCENTAGE?
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INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE: Without limiting any of the other obligations
of liabilities of the CONTRACTOR, the CONTRACTOR AND EACH
SUBCONTRACTOR, at their own expense, shall, during the term of the contract, purchase
and maintain the hereinafter stipulated minimum insurance with companies duly authorized
to do business in the State of Texas and satisfactory to the OWNER. Certificates of each
policy, together with a statement by the issuing company to the extent that said policy shall
not be cancelled without 30 days prior notice being given the OWNER, shall be delivered to
the OWNER, before any work is started:
a) Worker's Compensation only as required by Texas law, with the policy
endorsed to provide a waiver of subrogation as to the OWNER; Employer's
Liability Insurance of not less than $100,000.00 for each accident.
b) Comprehensive general liability insurance, including independent contractor's
liability, completed operations and contractual liability, covering, but not limited
to the liability assumed under the indemnification provisions of this contract, fully
insuring CONTRACTOR'S (or subcontractor's) liability for injury to or death of
OWNER'S employees and third parties, extended to include personal injury
liability coverage, and for damage to property of third parties, with the following
limits for each occurrence:
Injury or Death $1,000,000.00
Property Damage $ 500,000.00
The policy shall include broad form property damage coverage extended to apply
to completed operations, XCU exclusions removed. The completed operations
coverage must be maintained for a minimum of one year after final completion
and acceptance of the work, with evidence of same filed with OWNER. Where
work is being performed in connection with an existing.f~ility owned or leased
by the OWNER, THE POLICY SHALL INCLUDE FIRE LEGAL LIABILITY
OF NOT LESS THAN $100,000.00 PER OCCURRENCE.
c) Comprehensive automobile and truck liability insurance, covering owned, hired
and non-owned vehicles, with minimum limits of$I,OOO,Ooo.oo, each occurrence,
for bodily injury and $500,000.00, each occurrence, for property damage, such
insurance to include coverage for loading and unloading hazards.
1.1 OWNER'S PROTECTIVE LIABILITY INSURANCE: In addition to the insurance
described above, the CONTRACTOR shall obtain, pay for and maintain at all times
during the prosecution of the work under this contract, an OWNER'S protective liability
insurance policy naming the OWNER and the Engineer as insureds for property damage
and bodily injury, including death, which may arise in the contract. Coverage shall be on
an "occurrence" basis, and the policy shall be issued by the same insurance company that
carries the CONTRACTOR'S liability insurance. Limits ofliability shall be as follows:
Bodily Injury $1,000,000.00 per occurrence
6800 ~ain Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkrnan@thecolonytx.gov
Property Damage $ 500,000.00 per occurrence
1.2 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS: Each insurance policy
to be furnished by CONTRACTOR shall include the following conditions by
endorsement to the policy:
a) Each policy shall require that 30 days prior to the cancellation or any material
change in coverage, a notice thereof shall be given to the OWNER by certified
mail;
b) The tenn "OWNER" shall include all authorities, boards, bureaus, commissions,
divisions, departments and office of the OWNER and the individual members,
employees and agents thereof in their official capacities, and/or while acting on
behalf ofthe OWNER; and
c) The policy phrase "other insurance" shall not apply to the OWNER where the
OWNER is an additional insured on the policy.
Concerning insurance to be furnished by CONTRACTOR, it is a condition precedent ·to
acceptability thereof that:
a) Any policy submitted shall not be subject to limitations, conditions or restrictions
deemed inconsistent with the intent of the insurance requirements to be fulfilled
by the CONTRACTOR. The OWNER'S decision hereon shall be final; and
b) All policies are to be written through companies duly authorized to transact that
class of insurance in the State of Texas.
CONTRACTOR agrees to the following
a) CONTRACTOR hereby waives subrogation rights for loss or damage to the
extent same are covered by insurance. Insurers shall have no right of recovery or
subrogation against the OWNER, it being the intention that the insurance policies
shall protect all parties to the contract and be primary coverage for all losses
covered by the policies;
b) Companies issuing the insurance policies and CONTRACTOR shall have no
recourse against the OWNER for payment of any premiums or assessments for
any deductibles, as all such premiums and deductibles are the sole responsibility
and risk ofthe CONTRACTOR.
c) Approval, disapproval or failure to act by the OWNER regarding any insurance
supplied by the CONTRACTOR (or any subcontractors) shall not relieve the
CONTRACTOR of full responsibility or liability for damages and accidents set
forth in or denial of liability by the insurance company exonerate the
CONTRACTOR from liability; and
d) No special payments shall be made for any insurance that the CONTRACTOR
and subcontractors are required to carry; all are included in the contract price and
the contract unity prices.
6800 Main Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkrnan@thecolonytx.gov
"... .,..-.-
Any of such insurance policies required under this section may be written in combination
with any of the others, where legally permitted, but none of the specified limits may be
lowered thereby.
6800 ~ain Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkman@thecolonytx.gov
SLUDGE HAULING SPECIFICATIONS
BID #62-04-07 -SLUDGE
3:00 P.M., TUESDAY, JUNE 1,2004
BIDS READ AT 4:00 P.M., TUESDAY, JUNE 1,2004
1. The contractor shall be responsible for hauling the sludge from The
Colony's Wastewater Treatment Plant to a permitted landfill in
compliance of all local, state and federal laws, rules and regulations.
2. The contractor will supply the vehicle or container capable of hauling a
minimum volume of 25 - 30 cubic yards and equipped in such a manner
to prevent any spillage, leakage, splashing, blowing or any other
accidental loss or discharge of the sludge (sealed tail gate, tarps, etc.).
3. The contractor must have a TCEQ transporter number.
4. The contractor will pay all landfill tip fees and any other fees associated
with hauling of sludge.
5. All bids will be in price per cubic yard and approximately 3,600 cubic
yards of sludge will be hauled annually.
6. The contractor response time to empty container must be one day or
less, and operate between the hours of7:00 a.m. and 3:00 p.m. Monday
through Saturday local time.
7. The contractor must supply and haul manifest that meets TCEQ
requirements.
8. The City of The Colony shall provide the contractor a copy of yearly
sludge TCLP results to comply with landfill requirements.
9. Failure to comply with any of these specifications will be considered
cause for immediate cancellation of the contract.
to.For any technical question concerning the bid, please contact Mr. Aaron
Sessums at (972) 624-2253.
11. The City of The Colony uses RFP Depot to distribute and receive bids
and proposals. Responding Vendors agree to pay to RFP Depot a fee of
6800 Main Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkrnan@thecolonytx.gov
one (1 %) percent of the total amount of all contracts for goods and/or
services awarded to the Vendor. To assure that all Vendors are treated
equally, the fee will be payable whether the bid/proposal is submitted
electronically, or by paper means. Refer to http://www.rfpdepot.com
for further information.
;i<
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6800 Main Street The Colony, Texas 75056-1133 (972) 624-3142
rsparkrnan@thecoJonytx.gov
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BID FORM
BID #62-04-07-SLUDGE
OPENS: 3:00 P.M., TUESDAY, JUNE 1,2004
READ ALOUD AT 4:00 SAME DAY
IN SUBMITTING THE BID, THE VENDOR AGREES THAT ACCEPTANCE OF THE BID BY THE CITY OF
THE COLONY, TEXAS WITHIN A REASONABLE PERIOD OF TIME, NOT TO EXCEED 90 CALENDAR
DAYS, CONSTITUTES A CONTRACT. QUANTITIES ARE ESTIMATES ONLY, BASED ON HISTORICAL
FIGURES. INVOICES ARE TO BE PAID ON ACTUAL AMOUNT OF SLUDGE HAULED. PRICES TO
INCLUDE RFP DEPOT ADMINISTRATIVE FEE.
QUANTITY DESCRIPTION UNIT $ TOTAL $
3,600 C. Y SLUDGE HAULING SVC. 16.20 58,320.00
COMPANY NAME: L.H. Chaney Materials, Inc.
ADDRESS: P.O. Box 1665
CITY, STATE, ZIP CODE: Roanoke, Texas 76262
NAME OF AUTH. REP.: Jim Lasater
SIGNATURE: Jim Lasater
PHONE #: 817-638-2403
FAX #: 817-636-2056
E-MAIL: jlasater@chaneytrucking.èom
DATE: OS/28/2004
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BID FORM
CITY OF THE COLONY, TEXAS
DELIVERY WILL BE F.O.B. CITY OF THE COLONY AT DESIGNATED LOCATIONS AND ALL
TRANSPORTATION CHARGES PAID BY THE SUPPLIER TO DESTINATION.
PROMPT PAYMENT DISCOUNT 0% FOR PAYMENT MADE WITHIN ODA YS OF ACCEPTANCE OF GOODS
OR SERVICES.
DELIVERY TO BE SPECIFIED IN CALENDAR DAYS FROM DATE OF ORDER. 10
FEDERAL ID #: 752104668
(ê WE DO NOT TAKE EXCEPTION TO THE BID SPECIFICATIONS.
r WE TAKE EXCEPTION TO THE BID SPECIFICATIONS (EXPLAIN):
WOULD BIDDER BE WILLING TO ALLOW OTHER LOCAL GOVERNMENTAL ENTITIES TO P ARTICIP A TE
IN THIS CONTRACT, IF AWARDED, UNDER THE S~E TERMS AND CONDITIONS? eYES ~·NO
BY SIGNING AND SUBMITTING THIS BID, BIDDER ACKNOWLEDGES, UNDERSTANDS, AND AGREES TO
THE BID TERMS AND CONDITIONS AND CAN PROVIDE THE ~INIMUM REQUIREMENTS STATED
HEREIN. BIDDER HAS VISITED THE SITE, PERFORMED INVESTIGATIONS AND VERIFICATIONS AS
DEEMED NECESSARY, IS F~ILIAR WITH THE LOCAL CONDITIONS UNDER WHICH THE WORK IS TO
BE PERFORMED AND WILL BE RESPONSIBLE FOR ANY AND ALL ERRORS IN BID SUB MITT AL
RESULTING FROM BIDDER'S FAILURE TO DO SO.
BIDDER CERTIFIES THIS BID HAS NOT BEEN PREPARED IN COLLUSION WITH ANY OTHER BIDDER OR
OTHER PERSON OR PERSONS ENGAGED IN THE S~E LINE OF BUSINESS.
N~E OF BUSINESS: L.U. Chaney Materials, Inc.
BUSINESS ADDRESS:
P.O. Box 1665
CITY 1 STATE 1 ZIP CODE: Roanoke, Texas 76262
PHONE: 817-638-2403
FAX: 817-636-2056
AUTHORIZED (N~E): Jim Lasater
SIGNATURE:
E-MAIL ADDRESS: jlasater@chaneytrucking.com
DA TE: OS/28/2004
ARE YOU A ME~BER OF THE NORTH TEXAS REGIONAL CERTIFICA TlON AGENCY?
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. " .
rYES r. NO
PLEASE STATE NORTH CENTRAL TEXAS REGIONAL CERTIFICATION NUMBER:
P"N/A ~BER:
TRANSACTION FEES: RESPONDING VENDORS AGREE TO PAY TO RFP DEPOT A TRANSACTION FEE
OF ONE PERCENT (1 %) OF THE TOTAL AWARDED AMOUNT OF ALL CONTRACTS AWARDED TO THE
VENDOR UNLESS STATED OTHERWISE IN THE BID DOCUMENT. TO ASSURE THAT ALL VENDORS ARE
TREATED EQUALLY, THE FEE WILL BE PAY ABLE WHETHER THE BID/PROPOSAL IS SUBMITTED
ELECTRONICALLY, OR BY PAPER MEANS. REFER TO WWW.RFPDEPOT.COM FOR FURTHER
INFORMATION.
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CERTIFICATE OF INSURANCE
TO: City of the Colony
Date:05/28/2004
ProjectCity of the Colony - Wastewater
THIS IS TO CERTIFY THAT L.H. Chaney Materials, Inc is, at the date of this certificate, insured by this Company with
respect to the business operations hereinafter described, for the for the types of insurance and in accordance with the
provisions of the standard policies used by this Company, and further, hereinafter described. Exceptions to standard
policies used by this Company, and further hereinafter described. Exceptions to standard policies noted on reverse side
hereof.
TYPE OF INSURANCE
Policy No. Effective Expires Limit of Liability
Workmans' WC2978277 07/01/03 07/01/04 1,000,000
Compensation
Public Liability GL02978278 07/01/03 07/01/04 (1) Person
$1,000,000
(1 ) Accident
$1,000,000
Contingent AUC9375030 07/01/03 07/01/04 1,000,000
Liability
Property Damage
Builders Risk
Automobile T AP2978279 07/01/03 07/01/04 1,000,000
Other
The foregoing policies (do) (do not) cover all sub-contractors.
Locations Covered:City of the Colony - all locations
Descriptions of Operations Covered:
Trucking operations performed by L.H. Chaney Materials, Inc. if written contract signed by named insured,
certificate holder is named additional insured for coverages.
The above policies either in the body thereof or by appropriate endorsements provide that they may not be changed or
cancelled by the insurer in less than thirty (30) days after the insured has received written notice of such change or
cancellation.
Where applicable, local laws or regulations require more than five (5) days actual notice of change or cancellation to the
assured, the above policies contain such special requirements, whether in the body thereof or by appropriate
endorsement thereto attached.
Name of Insurer Zurich American Insurance Co.
Sy Scott Stagner
Title Agent
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