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CM-11-09-203a''-Zo3 RECEIVED OCT 0 51031 rms City Manager Approval Form 1. Consider executing a Used Fluid Recovery Agreement with Midstate Environmental Services, L.P. Item Caption: Approval Date: October 7, 2011 Department Name: Utilities and Environmental Services Department Project Manager: Tracy Herring Assigned Attorney: Steve Sheets Item Summary: An agreement with Midstate Environmental Services, L.P. for the collection, transportation, recycling and/or disposal of used motor oil, antifreeze, used fuel filters, used oil filters and other spent fluids. Midstate agrees to pay the City $1.25 per gallon for used motor oil. There is no fee for handling antifreeze, filters or motor oil containing greater than 10% water. No. of Originals Submitted: 2 Project Name: Cost: Source of Funds: Used Fluid Purchase, Collection and Disposal Agreement $0 Select Source Fund Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Cheryl Delaney Date: 10/5/11 Department Director Approval: Michael Thane Date: 10-3-2011 CIP N/A **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** OK Budget ®D N/A OK Purchasing D© Accounting DD N/A OK N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 CITY OF ROUND ROCK AGREEMENT FOR USED FLUID RECOVERY SERVICE WITH MIDSTATE ENVIRONMENTAL SERVICES, L.P. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS . § That this Agreement for Used Fluid Recovery Service (referred to herein as the "Agreement") is made and entered into on this the day of the month of 2011, by and between the CITY OF ROUND ROCK, TEXAS, a home -rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the "City"), and MIDSTATE ENVIRONMENTAL SERVICES, L.P., a Texas limited partnership whose offices are located at Post Office Box 261180, Corpus Christi, Texas 78426 (referred to herein as "Vendor" or "Midstate"). This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to have certain used fluids and products collected, transported, recycled, and/or disposed of, such fluids and products including but not being limited to used motor oil of less than ten percent (10%) water content, used antifreeze liquid, used fuel filters, and used oil filters, and such used fluids and products being located at various City -owned facilities; and WHEREAS, City has issued Specification Number 11-998-74 for Used Fluid Purchase, Collection and Disposal, to have such fluids and products purchased, collected, transported, recycled, and/or disposed of, and City has selected the offer to provide such services submitted by Midstate; and WHEREAS, Midstate agrees to provide such services for City on a contractual basis, and to pay and/or reimburse City in agreed amounts for certain of the used fluids and products recovered; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein, the parties mutually agree as follows: 232976/jkg CM -1f —01— 2c) 3 1.01 DEFINITIONS A. Agreement means the mutually binding legal contract between City and Midstate whereby Midstate is obligated to provide specified services and perform specified obligations, and City is obligated to perform specified obligations. The Agreement includes the following: (a) City's Specification Number 11-998-74 dated July 2011; (b) Purchaser's Response dated August 8, 2011; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: This Agreement; Purchaser's Response dated August 8, 2011; City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, located in Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Midstate means Midstate Environmental Services, L.P., or any of its successors or assigns. 2.01 EFFECTIVE DATE, DURATION, AND TERM A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement is for three (3) consecutive twelve (12) month periods from the effective date hereof. Thereafter, this Agreement may be renewed for two (2) additional periods not to exceed twelve (12) months for each renewal, only upon the express written agreement of both parties and only provided Midstate has performed each and every contractual obligation specified in this Agreement. Prices shall be firm for the duration of this agreement except as otherwise provided herein. 2 C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CITY'S ESTIMATED REQUIREMENTS The quantities stated in this section represent the best estimate of City's needs. City requires Midstate to provide services for collection, transport, recycling, and/or disposal of used fluids and products as follows: (1) Used motor oil containing less than ten percent (10%) water content shall be picked up by Midstate a minimum of once every two weeks and upon request by City in an estimated quantity of twenty-four thousand (24,000) gallons annually, and Midstate shall reimburse City One Dollar and 25/100 ($1.25) per gallon for same. (2) Used oil filters shall be picked up by Midstate in 55 -gallon drums in an estimated quantity of twelve (12) drums annually, and City shall incur no disposal charge for same. (3) Used fuel filters shall be picked up by Midstate in 55 -gallon drums in an estimated quantity of four (4) drums annually, and City shall incur no disposal charge for same. (4) Used antifreeze shall be picked up by Midstate in 55 -gallon drums in an estimated quantity of fifteen (15) drums annually, and City shall incur no disposal charge for same. City and Midstate agree that there shall be no additional fees whatsoever charged to City or passed along to City or passed through to City. The take -points for used fluids and/or products shall be as follows: (1) 310 Deepwood Drive, Round Rock, TX (2) 910 Luther Peterson Round Rock, TX (3) (4) (5) (6) 1992 Rawhide, Round Rock, TX 300 South Blair, Round Rock, TX 2008 Enterprise Drive, Round Rock, TX 3300 Gattis School Road, Round Rock, TX 3 Used Oil, Used Oil Filters, Used Fuel Filters and Used Antifreeze Used Oil, Used Oil Filters and Used Fuel Filters Used Oil ONLY Used Oil ONLY Used Oil ONLY Used Oil ONLY 4.01 MIDSTATE' S OBLIGATION TO PROVIDE SERVICES As a continuing obligation, Midstate agrees to collect, transport, recycle, and/or dispose of used fluids and products from City in the estimated amounts, from the specified locations, at the specified intervals, and to remit to City agreed payment and/or reimbursement amounts. In the event Midstate does not collect, transport, recycle, and/or dispose of the agreed quantities of used fluids and products, then City may contract for such services elsewhere, and Midstate may be charged the difference, if any. 5.01 MIDSTATE'S CONTRACTUAL RESPONSIBILITIES A. Midstate agrees to perform all of its contractual responsibilities and obligations in accordance with standards of the industry. Midstate shall use best efforts to supervise and direct its agents or employees competently, efficiently, and safely. Midstate shall adhere and conform to all legal responsibilities related to such collection, transportation and disposal of the used fluids and products the subject of this Agreement. B. Midstate agrees to furnish and assume full responsibility for all services, facilities, equipment, materials and incidentals necessary for the proper collection, transport, removal, recycling, and/or disposal of the used fluids and products the subject of this Agreement. C. Midstate agrees to obtain all permits and licenses, if any, and pay all fees necessary for the proper handling and removal of the used fluids and products the subject of this Agreement. D. Midstate hereby affirms and confirms that it has the capability of properly and lawfully handling, removing, and disposing of the used fluids and products the subject of this Agreement. E. Midstate agrees to coordinate with City's representative listed herein in Section 6.01 to establish pick-up schedules and to discuss and receive approval of any proposed changes. F. Midstate agrees to schedule pick-up of used motor oil at a minimum of once every two (2) weeks and upon request by City. G. Midstate agrees to provide City's representative with an itemized manifest and documentation, in forms acceptable to City, indicating quantities of used motor oil, oil filters and used antifreeze collected. H. Midstate agrees to pick-up schedules that occur during City's regular business hours. Midstate shall utilize its own equipment and personnel, and both parties agree that no City equipment or forces shall be used. 4 6.01 CITY'S DESIGNATED REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Tracy L. Herring City of Round Rock, Environmental Services Division 2008 Enterprise Drive Round Rock, Texas 78664 Telephone: (512) 218-5559 Fax Number: (512) 341-3316 tracyh@round-rock.tx.us 7.01 RATES AND PAYMENT During the term of this Agreement and any renewals, Midstate agrees to pay City for specified used fluids taken at the following fixed firm rate: $1.25 per gallon for used motor oil. Midstate shall render a monthly statement to City, making a clear and definite separation of payable and receivable amounts for accounting purposes. Midstate shall submit one original and one copy of each invoice on a monthly basis to City's representative. All invoices and payments shall be furnished to City on separate documents. Documentation shall match individual manifests provided to City's representative. All payments by Midstate to City shall be made payable to the City of Round Rock, Texas and shall accompany corresponding statements to City's representative. 8.01 MIDSTATE'S OBLIGATION TO TAKE Midstate is obligated to take the estimated amounts specified in this Agreement, per twelve-month period. Midstate shall be obligated to pay City based upon such contractual amount. Midstate agrees that City may pursue any remedy available to it at law or in equity, including but not limited to specific performance of this Agreement and/or any action to recover an amount of damages equal to such contractual amount. 9.01 CITY'S OPTION TO CONTRACT WITH OTHERS Should Midstate fail in its obligations to take the contractual amounts of used fluids and products, then and in that event City reserves its option to contract with other sources. Midstate expressly agrees that, should City exercise its option to contract with other sources and the amount received is at a lower rate, then and in that event City may charge Midstate the difference in price. Such action on the part of City shall not be considered an exclusive remedy, and shall not waive any other remedies available to City at law or in equity. 5 10.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 11.01 DEFAULT Midstate shall be declared in default of this Agreement if it does any of the following: (a) Fails to make any payment in full when due; (b) Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; (c) Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or (d) Becomes insolvent or seeks relief under United States bankruptcy laws. 12.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Midstate. B. In the event of any default by Midstate, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Midstate. C. Midstate has the right to terminate this Agreement for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. Should Midstate fail to make any payment in full when due, then, in addition to any other rights and remedies available to City, City may immediately and without notice suspend any further relationship with Midstate until the amount due has been paid in full. 13.01 INDEMNIFICATION Midstate shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of 6 Midstate, or Midstate's agents, employees or subcontractors, in the performance of Midstate's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Midstate (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 14.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Midstate, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 15.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms hereof. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 16.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Midstate: Jason Silvestry Midstate Environmental Services, L.P. PO Box 261180 Corpus Christi, TX 76426 Notice to City: Steve Norwood, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Midstate. 17.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 18.01 EXCLUSIVE AGREEMENT This document and all appended documents constitute the entire Agreement between City and Midstate. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 19.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Midstate shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Midstate hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 20.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 21.01 MISCELLANEOUS PROVISIONS Standard of Care. Midstate represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and 8 that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices and with all applicable laws. Time is of the Essence. Midstate understands and agrees that time is of the essence and that any failure of Midstate to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Midstate shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Midstate's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Midstate shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. IN WITNESS WHEREOF, the parties have duly executed this Agreement CITY OF ROUND ROCK, TEXAS Steve Norwood., Cit an ger Date Signed: /0 /O//1 FO' % TY, APPRQVED AS TO FORM: Step a' L. Sheets, City Attorney FOR CITY, ATTEST: Sara L. White, City Secretary MIDSTATE ENVIRONMENTAL SERVICES, L.P. By: P ame:,l ricAl 611,Air6r ate Signed: '► • 1 b • 11 9 INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 Responses are due to the Purchasing Office At the above address by 3 OOpm August 9. 2011 Show solicitation opening date & solicitation number in lower left hand corner of sealed response envelope with retum address of :.. spondin•7 !true. Facsimile responses shall not be accepted INVOICE TO* CI TY OF ROUND ROCK ENVIRONMENTAL SERVICES 2008 ENTERPRISE DRIVE ROUND ROCK TX 78664 Respond F 0 B Destination. Freight prepaid and allowed unless oihewnse specified below f ESTtNAT;ON. CITY OF ROUND ROCK VARIOUS LOCATIONS 'By the signature hereon affixed, the respondent herr;t,y certifies that neither the respondent nor the entity represented by the respondent. or anyone acting for such entity has violated the antitrust laws of this Slate. codified in Section 15.01 et seq., Texas Business and Commerce Code or the Federal antitrust laws. nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business." C1 1 0824 —1 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 Solicitation Information EXPIRED FLUID RECOVERY SERVICE Solicitation Number 11-032 Opening Date. 08/09/2011 Opening Time. 3:OOpm Response Location. 221 E. Main Street Council Chambers Round Rock, TX 78664 Return signed one original and three copies of response. Respondent shall sign below ur sign orized Signature P(4f)iJ 4, LJE, Print Name Date SEE 1.7.OF SOLICITATION INSTRUCTIONS Unit of Measure TAX ID NO: 0Lj3-700-70c Unit Price Reimbursement Price to be PAID to City LEGAL BUSINESS NAME: 1 io (_ tt • � h„_/J , ` �a tt � C�Vt 7 . I ADDRESS: ID 1D K_ to , t t V 30, 000 CONTACT: -A Alfa ft 61Life5 TELEPHONE NO: oI Ck o ‘t 1k -cps -cc BUSINESS ENTITY TYPE: Upi F� _ ?A- t E-MAIL: `04 ono 141 5.4.4�°_!6 V >i L Co' Respondent agrees to comply with all conditions set forth in this solicitation. 1 .;Tota, 1 ( Item 4 I Item Description Unit of Measure Estimated Annual Quantity Unit Price Reimbursement Price to be PAID to City i I LUsed Motor Oil (Less than 10% Water) t Gallons 24,000GaI. 1 ,as 30, 000 Total of Item Xi 30�, 000 1 EXHIBIT SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 Item # Item Description Unit of Measure Estimated Annual Quantity Unit Price Total Disposal Price r',Used Used Motor Oil (Greater than 1O% Water) Gallons 1,000 Gal. I11/C t Oil Filters 55 Gallon Drums 12 Drums t k!! � 1" 1 i i5 i Used Fuef Filters 55 Gallon Drums 55 Gallon Drums 4 Drums 15 Drums 07 C j�+ /C -- IJ ....IS... Used Antifreeze Any additional fees (Attach Explanation) Total of Items # 2 - 5 7 of 9 • ROUND ROCK, TEXAS pupcsr pASS: )N PROSPERn y 00.1 y Ni A L CITY OF ROUND ROCK, TEXAS INVITATION FOR BID FOR USED FLUID PURCHASE, COLLECTION AND DISPOSAL IF t3 No 11-032 Addendum No. 1 Date of Addendum: July 26, 2011 Please note the clarification and/or additional information to the solicitation referenced above. PART II SCHEDULE, Item #1 Solicitation Schedule, #1.2 Deadline for Questions: The deadline for question is being extended to July 28, 2011. The City's responses to all questions received will remain the same and post on August 2, 2011. Approved by Joy Baggett(Purchaser By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced solicitation. ACKNOWLEDGED ! io1g� RDYt/�s� Vendor Cer Jtct?S, RETURN ONE COPY SIGNED COPY OF THIS AD PROPOSAL. FAILURE TO DO SO MAY AUTOM CONSIDERATION FOR AWARD. ed Signature Date UM TO THE PURCHASING OFFICE WITH YOUR SEALED ALLY DISQUALIFY YOUR RESPONSE FROM Midstate Environmental Services, LP WWW.MIDSTATEOIL.COM Physical: 2203 Tower Rd, Robstown TX 78380 TELEPHONE 210-421-6555 Remittance: PO 261180, Corpus Christi TX 78426 FACSIMILE 210-421-6556 Aug tlg, 2011 To whom it may concern: Re: IFB 11-032 We are happy to submit the attached bid pricing (pages 6,.7) with the following criteria. Any oil collected with water content greater than 20% will be charged at .40 per gallon Jason Silvestry (210) 421-6555 1 thank you for your patience and support. Sincerely. Jason Silvestry Partner ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID RP MIDST -1 DATE (MM.'OD;YYYV) 08/20/10 PRODUCER Kingsbury Agency - Insurance 3038 S. Alameda St. Corpus Christi TX 78404-2601 Phone:361-887-7722 Fax:361-887-7799 INSURED Midstate Environmental Services LP P 0 Box 261180 Corpus Christi TX 78426-1180 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURER A. INSURER B. INSURER C: INSURER 0: INSURER E: Greenwich Ins. Co. Texas Mutual Ins. Co. Indian Harbor Ins. Co. XL Insurance America, Inc. NAIC # COVERAGES Tiff. POLICIES or INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI -IE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY PLOUiRE:MEHT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR A, P1.: R1 Atli. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH F':11.(Clt:.`, AGGREGATE 1 MRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR AMYL . .. ' . . . • • • - • " -.POLICY EEKECTNE. 'POLICY EXPIRATION .. . ...... ' . . ' ' ' . L TR IN$RO TYPE OF INSURANCE POLICY NUMBER • DATE (MM?OOJYY) DATE (MMIDDIVY) : LIMITS GENERAL LIABILITY : EACH OCCURRENCE S1 { 000,000 TED ' X I .rt A clr{,.A GENERAL r:ABUT), GEC001229108 08/27/10 08/27/11 ..... f(........., ...000 PREMISESoc$1 r.I:.ILiy :MADE X OCCUR ' MED EXP iAny one person) :$5,000 X Incl XCU, Cont- :• PERSONAL ADV INJURY •• $ 1,000,000 ractual, Ind Cont • GENERAL AGGREGATE +S 2, 000, 000 '.if 111. aa.,c;R'EGATE I.IMITAPPUES PER: PRODUCTS - COMP.•DPAGG : s 2 000,000 •PRC7• LOC .. ..................... .............. Pir a.••,' X ,IErT ............. . . AUTOMOBILE LIABILITY , COMBINED SINGLE LIMIT : $ 1 000 000 )J X •i't'!%.UL% AEC001228908 08/27/10: 08/27/11 '+ (Ea accident) r r U...!.-.,4,41:1 AUTOS POLLUTION END. TE9948• • BODLY INJURY $ .;?:? }I: (P II TO AUTOS LOADING & UNLOADING (Per person) -WEI, L:1TO.', MCS -90 END. ATTACHED : BODILY INJURY ^:+;t+rr.4 ".f [T %.UTr1ti : (Peraccident) $ X Includes PROPERTY DAMAGE Contractual Liab •(Per accident! GARAGE 1 'ABILITY :AUTO ONLY • EA ACCIDENT : $ , EA ACC'$ ArrlAVlr:. OTHER THAN . ... .. . •AUTO ONLY. AGG 5 EX.CESS,UMBRELLA LIABILITY A X ,.:.x.IH CLAIMS MADE GEC001910805 N f,? li.l It11.F. X nfl(•Ii1K?t+ 10, 000 08/27/10 ' : EACHOCCURRENCE . S 4,000,000 08/27/11: AGGREGATE ; s 4 000 000 S :s $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B Ay•r PRrg•R?(; TOR PARTNER'EXEC,IJT IVE TSF0001121139 .t.?'r;F.R...epR.crrER EXCI.IIOf 07 INCLUDES USL&H END. ':IIi•CLAI '13:;vCir..Ii$:;r+an 08/27/10, WC SIAII ' 01H-• ' X iTORY LIMITS, ;, , ,. ER ,;„ .. . . . . : S 1 000 000 08/27/11 Et EACH ACCIDENT. .. .....,.......J.... •.• . E.L. DISEASE - EA EMPLOYESS 1, 000, 000 EL. DISEASE - POLICY LIMIT 51,000,000 OTHER C Pollution&Remed- PEC001229006 07/25/10 08/27/13 Claims Md $1M/$1M Agg ial Legal Liab. &Reported $25,000 Ded DESCRIPTION OF OPERATIONS ' LOCATIONS + VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT: SPECIAL PROVISIONS *Pollution Liability is applicable to vehicles in transit. Additional Insured & Waiver of Subrogation available on Gen. Liab. & Auto Liab. -if required by written contract. CERTIFICATE HOLDER CANCELLATION MIDSEN3 Midstate Environmental Services, LP - Robstown, TX P. O. Box 261180 Corpus Christi TX 78426-1180 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ,,, "'11Vjt; 7W9�' 4�yZ�} — ACORD 25 (2001/(18} © ACORD CORPORATION 1988 Robed' t.Raba. r% 'nmin CtE'Ralph'am" Commituabtar Maims RatrretWar. Orma>l am Maraud Heasaq &ewe Deeds: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY &coda, ramsRauthigagiiherentkommion Nov31r1/rer'14, 2002 UM CHANEY • =STATE EPIVIRONMENLAL SERVICES LLC — Po Box 161180 CORPUS CHRISTI. 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If lvaraBmdd have nay questions, pleat feet rice to Cancan die Daft hfirntgethEntaad Analysis Team t (GMAT --1) tt (3121239t6413. Mare nekton ear &ales are answered by aurfle:at S:000.ns. to 1200 p.ar, and 1.L06p.n. to 5:00 p.m. and by an antranatedanswering sown Over die noon hone. seta hoofs, veeaNdl. and Itandaye. Used 08 Recydfag Program/ CoMAT4 Reghossim and Reporting Swim RepaMtloo, Bavtth% and kapatlogMaidoa P.O.lenta087 • auaNrRSewe157113087 • 51233/.1000 • Inland nkt esrrcwa.keesta<cnun +:aare..q.44Wrvita <••..e.t.t Kathleen Nutmeg White. Chri nate R 6. Tann" Wrens, Casenissiow Larry A. Saatd.0 aoran stmt Glenn Sthsdde: ixatrriv Der TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Fehwa y 07.2006 KEN KING MIDSTATR [7VYtRCROdaY7'AL SERVICES LP PO SOX 20/180 CORPUS CHRISM, 1X781264160 Rix Regicfreden for Used 08 Mr Advisee at MIOSTATE ENVIRONMENTAL SERVICES 2208TOPPER RP ROSSTOWIP TX 78380 MCC Registration No. A85752 RECRSTRATION FOR THIS USED OIL FILTER HANDLER EXPIRES December 31, 2007 Dearth The T ..Commission on Eiw8unnientel Cue ty(TCEQi hes received put ' etlon 14 Used 0!t Filter Handier* tone. Otrrecordsindicate YIat.Texcapplication isadministratiaeyComplete and you are cwrenft registered in the StataWTesoaee.i ek>hawif irliOc.EsetoR STORAGR FACILITY TRANSPORTER Atoned this regishalton mud be r ed.ei your dei igeated place Of Wetness and it you are registered es a transports, in each vet8de Used ih transport ail above maimed. Your assigned TOED Registealian Number Is A8575Z Please contact the TOM '0tficevAthit 30 days; whenever: " the office melting address ischangad; • the registered fatAitynaae has changed; .• Stem Ise charge inottessidlPor • it is determined that ere opereilotar Or mansgernent methods are NJ -ranger adequately desaibed in the existing regisiragon: if you should have any qutedisn • please feel free to contact the Municipal Solid waste (MSW) Registiaton Team at (S12) 230.8832 8ption2. Used 01 RecyclingPfograrn Registration and Reporting SeeUon Registration; Review, and Reporting Division cc: TCEO Region 14 - CORPUS CHRISTI P.ABat 13091 • Andel Tens 78711-3087 • SI22394000 • Intend okraswww.toeq:awtea.En UMEROSTATESSWOHANWINtALPAOTECHOMAGEMY REwOms 7443 fto.58 AMBO;;$ SU17H 1270 DALJ ^ATX 15202.2733 February 6, 2003 MIDSTATE ENVIROMENPAL SE1VIC80 LLP Po sox 261186 CORPUS CHRISTI, TX 78426-1180 ATFN; TIM CHAIM This. is to acknowledge that, in compliance with Section 3010 of the Resource Conservation and RedoveXy Act (RCRA), you have filed a Notification of Regulated Waste Activity for: HIMSTXTE KUVXMMOMESTAL SHRFICES ELB ?2G3 TCWRR ROAD Ro98t TX 78380 Your EPA identification N7nnber for this installation is: TtR000051227 The LPA Identification Number must be included in' all, Shipping manifests €oi transporting hazardous wastes; on all Biennial Reports that generators of hazardous wastes, and: owner* and operator*. of hazardous waste treatment, storage, and disposal facilities•must file with EPA; on. all applications for a Federal Hazardous Waste Permit; and other hazardous waste reports and documents required under Subtitle @ of *CM, A Subsequent Notification of Regulated Waste Activity ,is required should any information on the original document change. 4:016 Matthews Loess', Acting Chief =HA Information Management Section NYnrtAit a•i J• ApLAer' ntayelibmike4fIw.R}6ewe6vwgetre,wtlemthenea Kasha i,WrllabeersrAPMccownwj D U.S. Department of Transportation Federal Motor Canter Safety baton NDOie TOMO ' OPTIC! mama N. SERVICES, L9 PO BOX 261140 =PON CBR28T1 TX 764361180 40O Seventh It. S.W. Washington, O.C. 21690 - November 1, 2005 1e* reply refer to. Year 2ffi0O1 Me.: 1064373 Revfsv 9o.m 410071/CR Dear MOt Ii YO19O1 1'hs actor carrier safety racley for raft company tem BA?IBIPACSURr This 6kttssitco Y rating is the retult of'a reale*, and evaluetioa of your safety fitness Completed cm0 October 36, 3005. A SAT18PW V5Y rating indicate., that your =epoxy Lea adUquate safety management controls is place cosset the eafsty fitness standard prasoribed l0 49 C.P.R. 359.B. Meas* triune yourself that any epsatfio deficiencies identified is the review report have yobeur may. rt . 1. +gap=suets Your efforts toward promoting motor carrier safety throughout pas have questions or require fnrtLar ielotmatiom, please confetti V.S. LenR'f1erer or ?RANSPO$TATIoti FINS?At, MOTOR CA MIR ASPNTy ADMENTB'ramYIW[ 300 BAST Sts MINN?, sorra 469 AOm11r, TX 78191 ?aiap}Yoe No.m 513-536-5160 th.rlse A. Baran, III Ofd, Office of Caferceaeat end Compliance e11082 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 CITY OF ROUND ROCK INVITATION FOR BID USED FLUID PURCHASE, COLLECTION AND DISPOSAL PART I GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as "Respondent", to provide all goods and services for Used Fluid Collection at City owned facilities identified herein. Services shall include but not be limited to the purchase, collection, transportation and recycling of City's used motor oil (less than 10% water), and used antifreeze. Services shall also include collection and recycling of used oil filters and used fuel filters. City's intent is to sell said fluids to highest qualified bidder and obtain best low price for the removal of said filters. 2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions shall govem unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. The City's Definitions, Terms and Conditions can be obtained from the City's website htto://www.roundrocktexas.uov/home/index.asp?pace=463. 3. INSURANCE: The Respondent shall meet or exceed ALL insurance requirements set forth by the Insurance Requirements as identified on the City's website at http://www.roundrocktexas.aov/home/index.asp?paste=463. 4. CLARIFICATION: For questions or clarification of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 ibaagett(round-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. 5. QUALIFICATIONS: The opening of a response shall not be construed as the City's acceptance of such as qualified and responsive. All Respondents shall: 5.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 5.2. Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 5.3. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 5.4. Provide the name, address, telephone number and E-MAIL of at least three (3) firms applicable to Municipal and/or Govemment projects that have utilized similar service for at least (two) 2 years. City of Round Rock references are not applicable. References may be 1 of 9 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 checked prior to award. Any negative responses received may result in disqualification of submittal. NOTE: REFERENCE FORM (ATTACHMENT A) PROVIDED. E-MAIL ADDRESSES ARE REQUIRED. 6. BEST VALUE EVALUATION AND CRITERIA: All responses received may be evaluated based on the best value for the City. In determining best value, the City may consider: 6.1. Purchase price and terms; 6.2. Reputation of Respondent and of Respondent's goods and services; 6.3. Experience, qualifications and quality of the Respondent's goods and services; 6.4. The extent to which the goods and services meet the City's needs; 6.5. Respondent's past relationship with the City; 6.6. The total long-term cost to the City to acquire the Respondent's goods or services; 6.7. Any relevant criteria specifically listed in the solicitation. 7. AGREEMENT TERM: The terms of the awarded agreement shall: 7.1. The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month periods from the effective date. The agreement may be renewed for two (2) additional periods of time, not to exceed twelve (12) months each, provided both parties agree in writing prior to the expiration of the current term. 7.2. The City reserves the right to review the respondents' performance at the end of each twelve (12) month period and cancel all or part of the agreement(s) or continue the agreement(s) through the next period. 7.3. If the respondent fails to perform its duties in a reasonable and competent manner, the City shall give written notice the respondent of the deficiencies and the respondent shall have thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies with the thirty (30) days, the City may terminate the agreement by giving the respondent written notice of termination and the reason for the termination. 7.4. If the agreement is terminated, for any reason, the respondent shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 8. PRICE INCREASE OR DECREASE: A price increase or decrease to the agreement may be considered based on the following: 8.1. Price adjustment cannot exceed 25% for the total cost and term of the agreement. 8.2. PROCEDURE TO REQUEST PRICE ADJUSTMENT. 8.2.1. Mail request to the designated City or Vendor contact. Supporting documentation shall accompany request as justification. 8.2.2. Upon receipt of the request, the City and Vendor reserve the right to either: accept the adjustment as supported by the appropriate price index and make a change to the purchase order within 30 days of the request, negotiate or cancel the purchase order if an agreement cannot be reached on the value of the increase. 9. AWARD: The City reserves the right accept or reject all or part of a response, waive minor technicalities and award the response to best serve the interests of the City. Split awards or non - award may be made at the sole discretion of the City. Award announcement will be made upon City Council approval of staff recommendation and executed agreement. Award announcement will appear on the City's website at htto://www.roundrocktexas.aov/home/index.asD?page=463. 2 of 9 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 10. ACCEPTANCE: Acceptance inspection should not take more than five (5) working days. The vendor will be notified within this time frame if the services provided are in full compliance with the specifications. If any agreement or purchase order is canceled for non-acceptance, the needed service may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. PART II SCHEDULE 1. SOLICITATION SCHEDULE: It is the City's intention to comply with the following solicitation timeline: 1.1. Solicitation released 1.2. Deadline for questions 1.3. City responses to all questions or addendums 1.4. Responses for solicitation due by 3:00 p.m. July 15, 2011 July 26, 2011 August 2, 2011 August 9, 2011 All questions regarding the solicitation shall be submitted in writing by 5:OOPM on the due date noted above. A copy of all the questions submitted and the City's response to the questions shall be posted on our webpage, http://www.roundrocktexasmovlhome/index.asp?paste=463. The City reserves the right to modify these dates. Notice of date change will be posted to the City website. 2. RESPONSE DUE DATE: Signed and sealed responses are due no later than 3:00 P.M., on the date noted above to the Purchasing Department. Mail or carry sealed responses to: City of Round Rock Purchasing Department 221 E. Main Street Round Rock, Texas 78664-5299 2.1. Responses received after this time and date shall not be considered. 2.2. Sealed responses shall be clearly marked on the outside of packaging with the Solicitation title, number, due date and "DO NOT OPEN". 2.3. Facsimile or electronically transmitted responses are not acceptable. 2.4. Late responses will be returned to Respondent unopened if return address is provided. 3. POST AWARD MEETING: The City and Respondent shall have a post award meeting to discuss, but not be limited to the following: 3.1. Provide City contact(s) information for implementation of agreement, 3.2. Agreement terms and conditions. PART III SPECIFICATIONS 1. SCOPE OF WORK: The City of Round Rock, herein after "City", seeks an agreement with a qualified Individual, Firm, or Corporation, hereafter referred to as "Respondent", to provide all goods and services for Used Fluid Collection at City owned facilities identified herein. Services shall include but not be limited to the purchase, collection, transportation and recycling of City's used motor oil (less than 10% water), and used antifreeze. Services shall also include collection and 3 of 9 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 recycling of used oil filters and used fuel filters. City's intent is to sell said fluids to highest qualified bidder and obtain best low price for the removal of said filters. 2. PRICING: Pricing indicated in the bid form shall be inclusive of all labor, equipment, testing, freight, fees and fuel necessary to perform the service specified herein. 3. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum fluid volume is made or implied. The City will only order the services needed to satisfy operating requirements within budgetary constraints, which may be more or less than indicated. 4. SERVICE LOCATIONS: Used Fluid Recovery services are to be provided to the following recycle locations: 310 Deepwood Drive, Round Rock, TX 78664 901 Luther Peterson, Round Rock, TX 78664 NO ANTIFREEZE 1992 Rawhide, Round Rock, TX 78664 OIL ONLY 900 S. Mays, Round Rock, TX 78664 OIL ONLY 2008 Enterprise Drive, Round Rock, TX 78664 OIL ONLY 3300 Gattis School Road, Round Rock, TX 78664 OIL ONLY 5. SUCCESSFUL RESPONDENT RESPONSIBILITIES: The successful Respondent shall be responsible for: 5.1. Adherence and conformance with all Governmental Regulatory Agencies relating to collection, transportation and disposal of used fluids and filters to include, but not limited to: The United States Environmental Protection Agency's Hazardous Materials Transportation Act: http://www.eoa.gov/oem/content/lawsregs/hmtaover.htm#Drovisions The United States Department of Labor Occupational Health and Safety Administration (OSHA): htto://www.osha.gov/SLTC/trucking industry/transgortinohazardousmaterials.html 5.2 Providing proof of the firm's current Commercial Driver's License (CDL) with Hazardous Materials Endorsement from the Texas Department of Public Safety. htto://www.txdos.state.tx.us/driverlicense/hme.htm 5.2. Coordinating with the City's representative to establish pickup schedule and discuss any specific details pertaining to pick-up. 5.3. Scheduling pick-up of used motor oil every 2 weeks (minimum) AND upon request. 5.4. Pumping oil units completely empty. 5.5. Providing City's representative with itemized Waste Manifest Ticket indicating quantities of motor oil, used oil filters, used fuel filters and used antifreeze collected. Waste Manifest Ticket(s) shall be delivered to: Deepwood Recycling Center 310 Deepwood Drive Round Rock, TX 78664 6. DAMAGE: The successful Respondent shall be responsible for damage to the City's equipment, property and environment, the workplace and its contents by its work, negligence in work, its personnel and equipment. 4 of 9 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 7. INVOICING AND PAYMENTS: All invoices and payments shall be fumished to the City on separate documents. Documentation shall match individual Waste Manifests Tickets. 7.1 Contractor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Environmental Services 2008 Enterprise Drive Round Rock, TX 78664 7.2 All payments made to City shall be made payable to City of Round Rock and accompany corresponding statements to the above address. 7.3 Contractor shall make clear and definite separation of payable amounts from receivable amounts for accounting purposes. 8. SUBMISSION REQUIREMENTS: Respondents shall submit one (1) executed (signed) original and three (3) copies of each response. Completed documentation shall include: 8.1 Itemized, Signed Bid Sheet 8.2 Proof of applicable hazardous transportation licensure 8.3 Proof of Texas Commission on Environmental Quality (TCEQ) Registration 8.4 Three client references that utilize like products or services. References shall include Business Name, Contact Name, Address, Telephone, and e-mail. Failure to provide reference information may result in disqualification. A reference form is contained as a part of this solicitation package. 9. PREVIOUS AWARD: The previously awarded bid tabulation for Fuel Blenders, Inc. is herein made a part of this solicitation for informational purposes as ATTACHMENT A and 1-A. 5 of 9 ATTACHMENT A REM 1 CLASS& ITEM OESCRIPTQN ESTIMATED QUANTITY Sailnallly REIMBLUEEIENT NICE 1hr 1 1 USED MOTOR OIL GINIONS < 10% wow 'Shag to picked up every 2 weeks24,000 fmbTLTTun) end upon Iayilest gal. el. 5 . 600 ITEM* cuss aITEM DESCRIPTION ESTP0110 QUANTITY... DISPOSAL CHARGE 1 emn) 2 'USED OIL FILTERS 55 palIon drums 12 drums S NO CHARGE. ITEM - CLASS&ITEM DESCRMTON ESTIMATED QUARTO)' TESPOSAL CNARCE I/uremml 3 'USED FUEL FILTERS 55 galled drums .. 4 drums _ S NO CHARGE ._ REM a CLASS S nes _-... deidaIpTpN - ESTIMATED QUANTITY DEPOEILL CHARGE tPer gray's) 4 "USED ANTIFREEZE 55p eon &ern 660ga1. S NO CHARGE ITEM CLASS anem OESCRIPTON ESTBMTIDMAXIM CMAICE g 'Any Additional Fees -please describe SEE ATTACW ENf 1 A S 6 *Any Additional Fees -please describe • Env fdaiI nal fexrener h.. rl,b -a.. S ?dE must De detailed end deset3Ny • ettxh addldon$ InrDlmaticn sheels P necessary • FUEL BLENDERS, INC. 15218 F. M. 1660 TAYLOR, TEXAS 76574 ATTACHMENT 1-A BID PROPOSAL USED FLUID RECOVERY SERVICES - SPECIFICATION 07-987-74 FUEL BLENDERS, INC. AGREES TO PICKUP AND DISPOSE OF USED ANTIFREEZE AND USED OIL FILTERS AT NO CHARGE BASED ON THE ESTIMATED ANNUAL QUANITIES. HOWEVER; DUE TO SOME OF THE LOCATIONS BEING DO IT YOURSELF COLLECTION CENTERS, FUEL BLENDERS, INC. RESERVES THE RIGHT TO CHARGE $50.00 PER 55 GALLON DRUM DISPOSAL COST SHOULD THESE ESTIMATED QUANITIES GREATLY INCREASE. ALSO, FUEL BLENDERS, INC. WILL DEDUCT THE PERCENTAGE OF WATER FROM EACH PICKUP OF USED OIL. EXAMPLE: 200 GALLONS TOTAL 10% WATER AFTER TEST TOTAL GALLONS PAYED FOR: 180 GALLONS INVITATION FOR BID (IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E. Main Street Round Rock, Texas 78664-5299 Responses are due to the Purchasing Office at the above address by 3:OOpm, August 9, 2011. Show solicitation opening date & solicitation number in lower left hand comer of sealed response envelope with retum address of responding firm. Facsimile responses shall not be accepted INVOICE TO: CITY OF ROUND ROCK ENVIRONMENTAL SERVICES 2008 ENTERPRISE DRIVE ROUND ROCK, D( 78664 Respond F.O.B. Destination, Freight prepaid and allowed unless otherwise specified below DESTINATION: CITY OF ROUND ROCK VARIOUS LOCATIONS "By the signature hereon affixed, the respondent hereby certifies that neither the respondent nor the entity represented by the respondent, or anyone acting for such entity has violated the antitrust laws of this State, codified in Section 15.01 et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly, the response made to any competitor or any other person engaged in such line of business." Respondent agrees to comply with all conditions set forth in this solicitation. SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 Solicitation Information: EXPIRED FLUID RECOVERY SERVICE Solicitation Number 11-032 Opening Date: 08/09/2011 Opening Time: 3:OOpm Response Location: 221 E. Main Street Council Chambers Round Rock, TX 78664 Retum signed one original and three copies of response. Respondent shall sign below Failure to sign response will disqualify response Authorized Signature Print Name Date SEE 1.7 OF SOLICITATION INSTRUCTIONS TAX ID NO.: LEGAL BUSINESS NAME: ADDRESS: CONTACT: TELEPHONE NO: BUSINESS ENTITY TYPE: E-MAIL: Item # Item Description Unit of Measure Estimated Annual Quantity Unit Price Total Reimbursement Price to be PAID to City 1 Used Motor Oil (Less than 10% Water) Gallons 24,000 Gal. Total of Item #1 6 of 9 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 Item # Item Description Unit of Measure Estimated Annual Quantity Unit Price Total Disposal Price 2 Used Motor Oil (Greater than 10% Water) Gallons 1,000 Gal. 3 Used Oil Filters 55 Gallon Drums 12 Drums 4 Used Fuel Filters 55 Gallon Drums 4 Drums 5 Used Antifreeze 55 Gallon Drums 15 Drums 6 Any additional fees (Attach Explanation) Total of Items # 2 - 5 7 of 9 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 SOLICITATION INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF SOLICITATION ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. SOLICITATION REQUIREMENTS: 1.1 Responding requires pricing per unit shown and extensions. If trade discount is shown on solicitation, it should be deducted and net line extensions shown. Respondents guarantees product offered will meet or exceed specifications identified in this Invitation For Bid (IFB). 1.2 Solicitations shall be submitted on Solicitation Sheet. Each response shall be placed in a separate envelope completely and properly identified. Responses must be in the Purchasing Department before the hour and date specified on the solicitation. 1.3 Late responses properly Identified will be returned to respondent unopened. Late responses will not be considered. 1.4 Respond F.O.B. destination, freight, prepaid, & allowed unless otherwise specified on the solicitation. If otherwise, show exact cost to deliver. 1.5 Response shall show unit price on quantity and unit of measure specified, extension and show total. In case of errors in extension, unit prices shall govem. Responses subject to unlimited price Increase will not be considered. 1.6 Submitted prices shall be firm for acceptance 30 days from solicitation opening date. "Discount from List" responses are not acceptance unless requested. Cash discount will not be considered in determining the low response. All cash discounts offered will be taken if earned. 1.7 Responses shall give Tax Identification Number, full name and address of respondent. Failure to sign will disqualify response. Person signing response shall show title and authority to bind signatories firm in an agreement Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one (1) of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation, Govemmental. Non-profit, all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP: List legal name followed by legal business name and Social Security Number. ALL OTHERS: List legal name of entity and Tax Identification Number (TIN). 1.8 Responses cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by respondent or an authorized agent No response can be withdrawn after opening time without approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in response. 1.10 The City reserves the right to accept or reject all or any part of response, waive minor technicalities and award the response to best serve the interests of the City. Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie responses could cause rejection of responses by the City and/or investigation for antitrust violations. 1.12 Telephone, facsimile, and electronically transmitted responses are not acceptable in response to the solicitation. 1.13 CAUTION: Solicitation invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for responses received late, illegible, incomplete, or otherwise non-responsive. 2. SPECIFICATION: 2.1 Any catalog, brand name or manufacturer's reference used in the solicitation Is descriptive only (not restrictive), and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Govemment Code. If other than brand(s) specified is offered, illustrations and complete descriptions of product offered are requested to be made a part of the response. If respondent takes no exceptions to specifications or reference data in response, respondent will be required to famish brand names, numbers, etc., as specified in the solicitation. 2.2 AR items on the solicitation shall be new, In first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the solicitation. Verbal agreements to the contrary will not be recognized. 2.3 Samples, when requested, must be furnished free of expense to the City. If not destroyed in examination, they will be retumed to the respondent, on request, at respondent expense. Each example should be marked with respondents' name and address, City solicitation number and code. Do not enclose in or attach to response. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation. 3. TIE RESPONSES: In case of tie responses, the award will be made in accordance with Section 271.901 of the Texas Local Govemment Code. 4. DELIVERY: 4.1 Response shall show number of days required to place material in City's designated location under normal conditions. Failure to state deliver time obligates respondent to complete delivery in fourteen (14) calendar days. Unrealistically short or long delivery promises may cause response to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Vendor list. (See 4.2 following.) 4.2 If delay Is foreseen, Vendor shall give written notice to the City. The City has the right to extend delivery date if reasons appear valid. Vendor shall keep the City advised at all times of status of order. Default In promised delivery (without acceptable reasons) or failure to meet specifications, authorizes the City to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Vendor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only, unless prior approval for late delivery has been obtained from the City, unless otherwise specified in the solicitation. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any supplier's place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the response or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications, the cost of the sample used and the cost of the testing shall be bome by the supplier. Goods, which have been delivered and rejected in whole or in part, may, at the City's option, be returned to the Vendor or held for disposition at Vendor's risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF AGREEMENT: A response to a solicitation is an offer to contract with the City based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become agreements or purchase orders unless and until they are accepted by the City through its designates and an agreement or a purchase order is issued. The agreement or purchase order shall be govemed, construed, and interpreted under the Charter of the City and the laws of State of Texas. All agreements or purchase orders are subject to the approval of the City Council or Manager. 7. PAYMENT: Vendor shall submit three (3) copies of an invoice showing the agreement or purchase order number on all copies. 8. PATENTS AND COPYRIGHTS: The Respondent agrees to protect the City from claims involving infringements of patents or copyrights. 9. RESPONDENT ASSIGNMENTS: Respondent hereby assigns to the purchaser any and all claims for overcharges associated with this agreement, which arise under the antitrust laws of the State of Texas. TX, Bus. And Comm. Code Ann. Sec. 15.01, et seq. (1967). 10. RESPONDENT AFFIRMATION: 10.1 Signing the response with a false statement is a material breach of agreement and shall void the submitted response or any resulting agreements, and the Respondent shall be removed from all Vendor lists. By signature hereon affixed, the respondent hereby certifies that: 10.2 The respondent has not given, offered to give, nor intends to give any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, tip, favor, or service to a public servant in connection with the submitted response. 10.3 The respondent is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the respondent nor the firm, corporation, partnership, or any entity represented by the respondent, or anyone acting for such firm, corporation, or entity has violated the antitrust laws of this State codified in Section 15.01 et Seq. Texas Business and Commercial Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the response made to any competitor, or any other person engaged in such line of business. 10.5 The respondent has not received compensation for participation in the preparation of the specification for the solicitation. 11. NOTE TO RESPONDENTS: Any terms and conditions attached to response will not be considered unless the respondent specifically references them on the front of the response form. WARNING: Such terms and conditions may result in disqualification of the response (e.g. responses with the laws of a state other than Texas requirements for prepayment, Limitations on remedies, etc.) The City of Round Rock can only accept responses which contain all the terms and conditions of its formai solicitation; in particular, all respondents' affirmations and certifications must be included. Submission of responses on forms other than City's form may result In disqualification of your response. 12. INQUIRIES: Inquiries pertaining to Solicitation invitations must give Solicitation number, codes, and opening date. 8 of 9 SOLICITATION NUMBER 11-032 SPECIFICATION NUMBER 11-998-74 DATED: JULY 2011 ATTACHMENT A RESPONDENT'S REFERENCE SHEET PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE SOLICITATION NUMBER: RESPONDENT'S NAME: DATE: Provide the name, address, telephone number and point of contact of at least three (3) firms applicable to Municipal and/or Govemment projects that have utilized similar service for at least two (2) years. City of Round Rock references are not applicable. References may be checked prior to award. Any negative responses received may result in disqualification of solicitation. 1. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 2. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number 3. Company's Name Name of Contact Title of Contact E -Mail Address Present Address City, State, Zip Code Telephone Number Fax Number: ( Fax Number: ( Fax Number: ( FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD. 9 of 9